A U.S. judge has upheld Washington’s residency requirement for involvement in the state’s legal cannabis industry — a decision at odds with a federal appeals court ruling concerning a similar requirement in Maine.
Brinkmeyer sued the Washington Liquor and Cannabis Board in 2020, arguing that the residency requirement was unconstitutional because it interferes with interstate commerce — which is the purview of Congress — and discriminates against him as an out-of-state resident. Further, Settle ruled, Washington was not discriminating against Brinkmeyer as an out-of-state resident under the Constitution’s “Privileges and Immunities Clause” because “it has never been established that there is any right … to engage in illegal commerce.”
“It is unfortunate, particularly because, as the court acknowledged, the ruling stands in stark contrast to the majority of rulings by other federal courts on this same issue,” Oates said.
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