.jpg)
JEFFERSON CITY, Mo. (Legal Newsline) – An out-of-stater is suing over Missouri’s medical marijuana law, arguing he should be able to start a business there.
Mark Toigo of Pennsylvania filed suit Dec. 11 against Missouri’s Department of Health and Human Services. He claims the Residency Requirement in the state’s medical marijuana statute is violating the Commerce Clause.
“As legal sales of medical marijuana are just beginning in Missouri, the Court should enjoin the Defendants from enforcing the Residency Requirement,” the lawsuit says.
“This is the only way to ensure that residents and non-residents alike, including Plaintiff, are able to participate in Missouri’s medical marijuana industry. If its enforcement is not enjoined, the Residency Requirement will also harm businesses owned by Missouri residents who plan to participate in the program by arbitrarily limiting the universe of available investors and business partners available to these businesses.
“This impacts larger businesses but also smaller Missouri businesses that are looking for financial assistance from family members and acquaintances residing beyond Missouri’s borders.”
Tiogo has not applied for a permit, however, as he says it would be futile.