Faced with a lawsuit challenging the constitutionality of its residency requirement for marijuana licensees, the State of Maine has agreed to no longer enforce the requirement.
As we wrote about recently, out-of-state businesses had challenged as unconstitutional a provision in Maine’s marijuana licensing rules that required the majority of the ownership interest and all of the officers, directors, managers, and general partners of business applicants to be held by Maine residents. However, after being “advised by the Attorney General that the [Residency Requirement] is subject to significant constitutional challenges and is not likely to withstand such challenges . . . , defendants will not be enforcing the Residency Requirement or any agency rules, regulations or guidance which enforce or implement the Residency Requirement.” Stipulation of Dismissal, NPG, LLC, et al. v. Figueroa, Case No. 1:20-cv-00107-NT (D. Maine, May 11, 2020).


Continue Reading After Maine Agrees to Drop Residency Requirement for Marijuana Licenses, Challengers File Suit Against Residency Preference in City Ordinance

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?