Dormant Commerce Clause

Following up on our previous posts (here and here) regarding lawsuits by non-residents challenging the residency requirement in Maine’s marijuana licensing law as violating the Dormant Commerce Clause, a recent lawsuit filed by residents of Maine is asking the District Court of Maine to declare that the requirement does not violate the Dormant Commerce Clause.
Continue Reading Maine Residents Seek to Have Federal Court Declare Maine’s Residency Requirement Constitutional

In 2016, Maine voters opted to legalize adult-use marijuana in their state (medical marijuana has been legal since 1999). After spending a few years fleshing out the details and implementing the regulatory structure, state officials recently began accepting applications for licenses for adult-use marijuana businesses. Just last month, Maine issued 31 conditional licenses.
Continue Reading Maine’s Marijuana License Residency Requirement Challenged in Court; Could Illinois and Michigan Laws and Ordinances Face Similar Scrutiny?