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 in saying the market is illegal when your state and 33 other states have entered the market, and you’re not just entered it but regulated it in a way that discriminates against other states. That’s a basic flaw in your approach here,” Lynch said. Taub readily conceded that the goal of the law was “to promote local business” but said “the point is not whether this is fair or not, or equitable,” but whether Maine can get away with protectionism due to the federal prohibition. “No,” Lynch responded. “You’re asking us to say that Congress’ intent is that there be no market while Maine is busy exploiting the market.
Cannabis Law Report, 05/11/2022 23:21:00