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