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US (VA): Social equity is discriminatory, court hears

A California resident told a Fourth Circuit panel on Tuesday that requirements to achieve social equity in Maryland's retail cannabis market unfairly discriminate.

Justyna Jensen argued that one of the requirements for applicants hoping to open a cannabis business favors Maryland residents in violation of the dormant commerce clause of the U.S. Constitution. The state contends that the application lacks a residency requirement and instead focuses on helping redress the harms disproportionately inflicted on Maryland communities by cannabis prohibition.

The dormant commerce clause prohibits state or local laws specifically purposed for economic protectionism.

The criteria requirement in question is for applicants who have attended a four-year university in Maryland for at least 2 years where at least 40% of the students are Pell Grant eligible. Jensen claims her attendance at California State University, Long Beach should qualify her for the license despite it not being one of the six Maryland colleges outlined as eligible by the state.

Read more at Courthouse News Service