Maine Asks 1st Circ. To Uphold Medical Pot Residency Rule
By Sam Reisman (December 21, 2021, 9:39 PM EST) -- Maine's cannabis regulator and an in-state medical marijuana trade group filed concurring briefs this week urging the First Circuit to find that the dormant commerce clause of the U.S. Constitution does not apply to the federally illegal cannabis industry.
Kirsten Figueroa, the commissioner of Maine's Department of Administrative and Financial Services, argued that the constitutional doctrine, which limits states' power over interstate commerce, could not be used to strike down a Maine law requiring that dispensaries be owned by in-state residents.
"Federal executive policy notwithstanding, Congress has exercised its commerce clause power to shutter the interstate market for marijuana," Figueroa wrote...
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