Okla. Says Pot Residency Rules Can't Be Unconstitutional
Law360 (December 22, 2020, 9:20 PM EST) -- The state of Oklahoma has defended its residency requirements for medical pot licenses, saying there are no protections for interstate marijuana commerce under the U.S. Constitution because the drug is federally illegal.
In briefs filed Monday in federal court, the state sought a quick win in a lawsuit brought by Washington-based Original Investments LLC, doing business as Dank's Wonder Emporium, which has challenged Oklahoma's residency requirements for medical cannabis licensees.
"The dormant commerce clause doctrine relied upon by plaintiff, which presumes a national market, cannot be applied to state marijuana laws because Congress has exercised its commerce power to make illegal...
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