‘Maine’
Maine District Court Issues (Another) Decision Invalidating State Residency Requirement on DCC Grounds
Aug. 20, 2021—The federal district court in Maine just issued another decision in the NPG (aka Wellness Connection) v. Maine litigation challenging the state’s residency requirement for medical marijuana licenses. Last August, the same court issued a preliminary injunction barring the state from enforcing the requirement. My analysis of that decision can be found in UPDATE: Federal Judge...
UPDATE: Federal Judge Finds that State Residency Requirements for Marijuana Licensing are Unconstitutional
Oct. 7, 2020—As I blogged in the summer, Maine has become a hotbed of litigation concerning residency requirements for marijuana licenses. Many states (including Maine, for a time) limit the ability of non-residents to own and operate marijuana businesses. The litigation began when a Delaware firm (Wellness Connection) challenged a provision of Maine’s new recreational marijuana law...
Locals Sue, Seeking to Force Maine to Re-instate Residency Requirement for Marijuana Licenses
Jun. 27, 2020—As I blogged about earlier, the state of Maine recently abandoned a residency requirement for obtaining commercial adult use marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses and UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge. Residency had been expressly required by the state’s adult use marijuana law (the 2018 Marijuana Legalization Act),...
UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge
May. 13, 2020—A few weeks ago I blogged about an interesting lawsuit challenging Maine’s residency requirement for commercial recreational marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses. Brought by a Delaware corporation, the suit claimed that the residency requirement violated the Dormant Commerce Clause doctrine. Although I suggested two reasons why Maine...
Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses
Apr. 2, 2020—A Delaware corporation (Wellness Connection) has sued Maine, challenging a provision of that state’s recreational marijuana law that bars out-of-state companies and non-resident investors from obtaining commercial marijuana licenses. The suit was filed on March 20, 2020, in the U.S. District Court for the District of Maine. The story has been reported in local papers...
UPDATE: Maine Supreme Court Holds State Worker Compensation Law Preempted
Jun. 28, 2018—Last week the Maine Supreme Court issued its decision in Bourgoin v. Twin Rivers. For the full opinion, see here. I blogged about the case back in October: see Cases to Watch: Bourgoin v. Twin Rivers and Workers’ Compensation. In this post, I’ll briefly describe the court’s recent holding and then provide a few thoughts...
Cases to Watch: Bourgoin v. Twin Rivers and Workers’ Compensation
Oct. 6, 2017—State marijuana reforms spawn a host of interesting (by which I mean complicated) questions for employers. To date, the question that has drawn the most attention concerns whether employers are required to accommodate employees’ use of marijuana off the job. That issue is discussed in my book at pages 662-681 and on this blog here and here....