Could The NY Conditional Adult Use Retail Dispensary Program (CAURD) Be In Jeopardy? –

07 September 2022

Duane Morris LLP

To print this article you only need to sign up or login on

Maine law requires all medical marijuana business owners to comply with a new Maine law
Recent US rulings have made it illegal to be a resident of the state
Court of Appeals for First Circuit, which ruled in favor of the
A violation of the statute is a violation “Dormant Commerce Clause”
of the United States Constitution, which prohibits any state from
Passing legislation to restrict interstate commerce. Its opinion
(Northeast Patients Group et al. v. United Cannabis Patients and
Caregivers of Maine: The Appellate Court upheld a Lower Court
The ruling that the residency requirement violates the Constitution
Interstate trade restrictions

All directors are subject to the Maine’s medical cannabis program.
Officers of a licensed medical marijuana dispensary or their representatives are required
To be residents of the state. Maine had a history of residents.
It has dropped its residency requirement in its adult-use market
Following an earlier legal challenge, which was also based upon the
It wanted to keep the Dormant Commerce Clause in place, but it was not able to do so.
Program for medical cannabis.

This could pose a problem for NY’s adult use cannabis.
program, as part of the requirements are that the potential licensees
Must have been arrested (or be related to someone who has been).
You will be arrested for a marijuana-related crime in New York.
New York resident at time of arrest. This could have been a result of the arrest.
Like be deemed a residency condition and therefore lead to challenges
Not only are individual licenses granted but the entire CAURD.

Even more problematic is the fact this
A ruling could also open up the possibility of legal challenges to a number of
Other State laws prohibiting the import or export of cannabis
As the same reason, the residency is invalidated in other states
As disallowing cannabis exports is prohibited, requirements could be imposed.
Imports between countries could be interpreted as similar placing
Interstate commerce cannot be restricted in an unreasonable way

Follow us on Twitter or Pinterest or Google News: Read the latest content, follow us and get notified when the new article is being published.
Shop Now

Disclaimer:This Alert has been
This publication was created for informational purposes only.
It is not intended to be used as legal advice. More
Information, please see the firm’s website
full disclaimer.

POPULAR ARTICLES: Hemp & Cannabis from the United States

CCPA May Soon Be Available for Employee and B2B Information

Sheppard Mullin Richter & Hampton

California’s Consumer Privacy Act (CCPA), may soon require companies to consider how to expand their privacy compliance programs to include employee information and B2B data.

Do I really need an Estate Plan?

Fischel Kahn

This is the most frequently asked question I hear, as Americans adjust to the new tax laws last December. “The limits are so high that I will never have to pay estate taxes, so why bother?”…

3 Asset Protection Tips You Can Use Now

Fischel Kahn

Many people believe that only wealthy families or high-risk professionals need to have an asset plan. However, anyone can be sued.

CFPB: Protect Consumer Data and Face Liability

Sheppard Mullin Richter & Hampton

Recently, the CFPB published a circular clarifying the liability of financial companies that fail consumer data protection laws.

Source link

Leave a Reply

Your email address will not be published. Required fields are marked *