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- Title
LICENSE TO SELL: THE CONSTITUTIONALITY OF DURATIONAL RESIDENCY REQUIREMENTS FOR RETAIL MARIJUANA LICENSES.
- Authors
Toma, Gregory S.
- Abstract
States are increasingly legalizing and regulating recreational marijuana, largely as a result Oftheir citizens' actions. The sale ofrecreational marijuana is strictly regulated, but jurisprudence u>ithinthefieldis scarce. Among these regulations, some states have imposed a durational residency requirement as aprerequisite for a retail marijuana license. Such a requirement mirrors those imposed on retail liquor licenses the Supreme Court recently struck douin. States have imposed durational residency requirements in many contexts throughout history and, u)hite some are upheld, many are struck down as unconstitutional impingements on the right to travel. However, courts also use the dormant Commerce Clause doctrine to invalidate such requirements, as seen in the recent case Tennessee Wine & Spirits Retailers Ass'n v. Thomas. This Note explores the constitutionality ofdurational residency requirements for retail marijuana licenses under the right to travel line of cases and the dormant Commerce Clause doctrine, and ultimately concludes that such requirements should be abolished.
- Subjects
MARIJUANA legalization; RESIDENCE requirements; INTERSTATE commerce clause; MARIJUANA laws; DORMANT commerce clause (Constitutional law); UNITED States. Supreme Court
- Publication
Fordham Urban Law Journal, 2020, Vol 47, Issue 5, p1439
- ISSN
0199-4646
- Publication type
Article