The state of Maine and the Maine Hashish Coalition (MCC), a prime hashish commerce group, are interesting a choose’s ruling that opens the door for out-of-state possession in Maine’s medical hashish market, the Portland Press Herald experiences. Seen as having nationwide significance — there are a variety of U.S. hashish markets that solely enable in-city or in-state possession — the case started with a lawsuit difficult Maine’s residency requirement for hashish licenses.
The state agreed to drop the residency regulation for his or her adult-use system final 12 months however have continued to combat the change inside their medical hashish market, the report says.
The plaintiffs, the Wellness Connection which is owned by three Mainers, and their dad or mum firm, Excessive Road Capital Companions of Delaware, filed the lawsuit final 12 months towards Commissioner of the Maine Division of Administrative and Monetary Providers Kirsten Figueroa on the grounds the in-state possession requirement violates the interstate commerce clause of the U.S. Structure by limiting the stream of funding and interfering with their means to operate. Maine argued that resulting from federal prohibition, there is no such thing as a medical hashish interstate commerce market, subsequently, the so-called “dormant commerce clause” doesn’t apply on this case.
The enchantment will likely be heard by the First U.S. Circuit Court docket of Appeals, though oral arguments haven’t but been scheduled, the report says.
U.S. District Choose Nancy Torresen sided with the plaintiffs in August however mentioned Maine’s argument was “not with out logic.” Nonetheless, the choose famous that the state doesn’t prohibit non-Mainers from buying medical hashish or taking it house with them.
“The notion that the medical marijuana trade in Maine is wholly intrastate doesn’t sq. with actuality,” Torresen wrote.
“I acknowledge that not one of the courts which have confronted this particular constitutional concern have rendered last judgments, and it additionally appears that no circuit courtroom has addressed it,” the choose wrote in August. “However given the Supreme Court docket’s and First Circuit’s unmistakable antagonism in direction of state legal guidelines that explicitly discriminate towards nonresident financial actors, I conclude that the Dispensary Residency Requirement violates the dormant Commerce Clause.”
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