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‘preference’

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...

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New Study Defends Constitutionality of Racial / Gender Preferences in the Award of State Marijuana Licenses

Jan. 18, 2018—At least two states (Maryland and Ohio) have attempted to use racial preferences in the award of their commercial marijuana licenses. However, as discussed in the book, Maryland’s licensing board abandoned that state’s preferences in 2015 after a Deputy State Attorney General wrote a brief letter suggesting the preferences would likely violate the Equal Protection...

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