PORTLAND, Maine (Legal Newsline) – The City of Portland, Maine, would be wrong to issue new marijuana retail licenses in the manner it is planning, a new lawsuit says.
Wellness Connection and High Street Capital Partners fear they will be shutout of the recreational marijuana market by a points system that favors companies that have operated in Maine for five years and are 51% made up of Maine residents. Their lawsuit was filed June 15.
“The residency preference in Portland’s points matrix violates the dormant Commerce Clause of the United States Constitution by explicitly and intentionally favoring Maine residents over non-residents,” the lawsuit says.
“Before Portland awards the 20 retail licenses permitted by the ordinance, the court should enjoin the City from using the points matrix and require it to award these licenses in a manner that does not violate the dormant Commerce Clause.
“This is the only way to ensure that residents and non-residents alike, including Plaintiffs, are able to compete for marijuana retail licenses in Portland on equal terms.”