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. FOX13
A new bill under consideration this week in the State Legislature would create a cannabis commission in Washington State.certainly does not align with Congress’s intent, the residency requirements do," Settle wrote. "The residency requirements attempt to prevent any interstate commerce in cannabis and to prevent cannabis from Washington from moving into states where it remains illegal, like Idaho.
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." The ruling was at odds with a decision from a federal court judge in Maine who struck down a residency requirement in that state’s medical marijuana program. The First U.S. Circuit Court of Appeals — so far the only federal appeals court to consider the matter — upheld that ruling last summer, saying that whether legal or not, there isDan Oates, an attorney for Brinkmeyer, said in an email Tuesday they were evaluating whether to appeal Settle’s order.
"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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