Maine: First Circuit poised to approve interstate cannabis investment

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Summary

The 2018 Maine law says that officers and directors of for-profit medical dispensaries must live in the state. Courthouse News Service reports The First Circuit gave strong indications Thursday that it would strike down a Maine law that says only in-state residents can own for-profit medical marijuana dispensaries. A lower court struck down the law, and an appeal was filed on behalf of the state and a group of Maine pot sellers. But the plaintiffs say that’s not true because there is an interstate market for investment in marijuana businesses. They also note that, while pot is nominally illegal, Congress passed the Rohrabacher Amendment that prohibits the federal government from interfering in state marijuana markets.

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Courthouse News Service reports

The First Circuit gave strong indications Thursday that it would strike down a Maine law that says only in-state residents can own for-profit medical marijuana dispensaries.

Maine’s defense of the law hinges on marijuana’s continued status as illegal at the federal level, saying this means there can be no national market for cannabis. The law was challenged as discriminatory, protectionist legislation that violates the Commerce Clause.

U.S. Circuit Judge Sandra Lynch pressed Christopher Taub, Maine’s chief deputy attorney general, on that position.

“There’s some irony...

Read the full article @ Cannabis Law Report