Maine's Medical Marijuana Residency Rule Struck Down – Law360

Law360 (August 12, 2021, 7:07 PM EDT) — A Maine federal judge on Wednesday struck down the state’s medical marijuana residency requirement, which mandated that medical marijuana business licenses had to be held by locals, saying the law violated the U.S. Constitution since it clearly favored Maine residents over nonresidents.

U.S. District Judge Nancy Torresen agreed with plaintiffs Wellness Connection of Maine, a company with ties to cannabis giant Acreage Holdings Inc., and High Street Capital Partners LLC that Maine’s medical marijuana licensing program violates the dormant Commerce Clause.

“Plaintiffs allege that the Dispensary Residency Requirement violates the dormant Commerce Clause because it explicitly discriminates against residents of other…

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