Washington Cannabis Company Says Oklahoma Residency Rules Unconstitutional

August 18, 2020

Oklahoma has become the latest battleground in the growing challenge to state residency requirements for cannabis business licenses. As has happened in Maine and other states, a nonresident business has initiated a suit against the State, arguing that the rules developed for distributing licenses heavily favor residents to the point of being unconstitutional.

An Excerpt

[The company] said the law, which requires applicants to provide proof of residency for either two years preceding their application or five years over the past 25 years, plainly violates the dormant commerce clause of the Constitution. The rule requires applicants to submit documents including an Oklahoma driver's license or ID card, according to the complaint. . . . [I]ts position is backed up by an Oklahoma Attorney General's Office opinion last year, which found a recent U.S. Supreme Court decision, Tennessee Wine & Spirits Retailers Association v. Thomas, renders durational residency requirements for liquor licenses unconstitutional.