Okla. Says Pot's Federal Illegality Dooms Residency Challenge
Law360 (May 13, 2021, 8:22 PM EDT) -- The state of Oklahoma once again defended its residency rules for medical cannabis licensees, telling a federal judge on Wednesday that there can be no constitutional protections for interstate marijuana commerce because the drug is federally illegal.
The brief marks the state's latest effort to beat a lawsuit brought by Washington state-based Original Investments LLC, doing business as Dank's Wonder Emporium, which has challenged Oklahoma's rules requiring medical cannabis license-holders to be in-state.
Oklahoma told the court that the dormant commerce clause — a doctrine that says states can't put undue burdens on interstate commerce — cannot apply to marijuana because...
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