Marijuana Law, Policy, and Authority

Maine

Locals Sue, Seeking to Force Maine to Re-instate Residency Requirement for Marijuana Licenses

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),…

Posted by on June 27, 2020 in News, Updates, , , , , , , , , , , , , ,


UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge

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…

Posted by on May 13, 2020 in News, Updates, , , , , , , , , , , ,


Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses

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…

Posted by on April 2, 2020 in News, Updates, , , , , , , , , , , , , , ,


UPDATE: Maine Supreme Court Holds State Worker Compensation Law Preempted

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…

Posted by on June 28, 2018 in News, Updates, , , , , , , , , , , , , , , ,


Cases to Watch: Bourgoin v. Twin Rivers and Workers’ Compensation

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….

Posted by on October 6, 2017 in News, Updates, , , , , , , , , , , , ,


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