Top 5 - yesterday

Top 5 - last week

Top 5 - last month

US: "Federal court’s cannabis ruling on Maine licensing rules could open door to interstate commerce"

A federal appellate court ruled on Wednesday, the 17th of August, that Maine’s law prohibiting non-residents from owning medical cannabis businesses in the state violates the U.S. Constitution. But legal experts say that the decision could have more far-reaching implications for interstate cannabis commerce—and could create possible complications for social equity programs.

Industry stakeholders have been closely monitoring the case, as many have argued that the Constitution’s Dormant Commerce Clause at the center of the ruling does, in fact, apply to the cannabis industry, regardless of ongoing federal cannabis prohibition.

In a 2-1 decision, the U.S. Court of Appeals for the First Circuit affirmed that interpretation, which is broadly meant to prevent states from enforcing laws that unduly restrict interstate commerce unless given specific instruction from Congress. Maine’s “residency requirement” for medical cannabis licensing is an example of an excessive regulation to that end, the panel’s majority found.

While cannabis might be federally illegal, the court said that Congress has “acknowledged the existence of a market in medical cannabis” through a spending bill rider known as the Rohrabacher–Farr amendment, which bars the Justice Department from using its funds to interfere in state-legal medical cannabis markets.

To read the complete article, go to

Publication date:

Receive the daily newsletter in your email for free | Click here

Other news in this sector:

Sign up for our daily Newsletter and stay up to date with all the latest news!

Subscribe I am already a subscriber

You are using software which is blocking our advertisements (adblocker).

As we provide the news for free, we are relying on revenues from our banners. So please disable your adblocker and reload the page to continue using this site.

Click here for a guide on disabling your adblocker.