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The 1st Circuit Court of Appeals upholds striking down of the residency requirement for Maine’s Medical Cannabis Program

This ruling has been on the horizon for some time, but we finally have a decision by the 1st Circuit Court of Appeals.

As reported by Law360:

“A split First Circuit panel affirmed Wednesday that the Constitution’s
dormant commerce clause applies to the federally illegal medical cannabis industry and that a Maine law
mandating local ownership of cannabis businesses cannot stand.

In the 2-1 decision, the appellate panel upheld a Maine federal judge’s August 2021 ruling striking down the
state’s residency requirement for cannabis business owners, saying it was a clear violation of the constitutional
doctrine that limits states’ power over interstate commerce.”

To read the full article, click this link below:

1st Circ. Says Dormant Commerce Clause Applies To Med. Pot – Law360

To read the opinion direct from the 1st Circuit Court of Appeals, click the link below:

1st Circuit Court of Appeals Opinion on Maine’s Residency Requirement in Maine Medical Cannabis Program

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