On November 30, 2022, the Office of Cannabis Policy ("OCP") confirmed that it will no longer enforce Maine's residency requirement in the medical program. As you may recall from my previous blog post, the U.S. Court of Appeals for the First Circuit in Northeast Patient Group et al. v Kirsten Figuero et al., affirmed a lower courts decision that the Dormant Commerce Clause applies to the cannabis industry; as such, Maine's Residency Requirement for its Medical Cannabis Program violates the Commerce Clause of the U.S Constitution.
This decision is consistent with the OCP's decision not to enforce the residency requirement under the Adult Use cannabis program.
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John M. Burke manages the firm's Maine cannabis law practice. Mr. Burke advises and represents the firm's clients throughout Maine in both the Medical and Adult Use cannabis programs in a wide range of Maine cannabis law matters. In addition to Mr. Burke's Maine cannabis law practice, Mr. Burke advises and assists the firm's clients in a variety of industries on various intellectual property matters throughout the United States. Learn more about John Burke by clicking here.
Caseiro Burke is a boutique law firm that specializes in intellectual property law and cannabis compliance and licensing in the State of Maine. We offer clients creative, cost-effective and reliable legal solutions in all intellectual property and Maine cannabis law matters.