A marijuana company based in Washington state filed a federal lawsuit against Oklahoma in an attempt to overturn the state’s two-year residency requirement under which nonresidents can own only up to 25% of a medical cannabis business.
According to Law360.com, Original Investments, which does business as Dank’s Wonder Emporium, argued in its suit that the requirement “reserves the enormous economic opportunities available in Oklahoma’s medical marijuana market … for residents, to the exclusion and detriment of nonresidents.”
Although the residency requirement is currently suspended by the state because of a similar legal challenge by other Oklahoma dispensaries, the condition is still technically in place.
It requires that owners holding more than a quarter of a stake in a business must have lived in Oklahoma for at least two years.
Original Investments, however, argued the requirement violates the U.S. Constitution’s commerce clause.
The company cited an opinion from the Oklahoma attorney general’s office. The opinion referenced a U.S. Supreme Court decision that found unconstitutional residency requirements in the liquor industry.
Written by John Schroyer.
View the original article at here.
Marijuana Business Daily