By Sam Reisman (December 21, 2021, 9:39 PM EST) — Maine’s hashish regulator and an in-state medical marijuana commerce group filed concurring briefs this week urging the First Circuit to seek out that the dormant commerce clause of the U.S. Structure doesn’t apply to the federally unlawful hashish trade.
Kirsten Figueroa, the commissioner of Maine’s Division of Administrative and Monetary Providers, argued that the constitutional doctrine, which limits states’ energy over interstate commerce, couldn’t be used to strike down a Maine regulation requiring that dispensaries be owned by in-state residents.
“Federal government coverage however, Congress has exercised its commerce clause energy to shutter the interstate marketplace for marijuana,” Figueroa wrote…
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