Cannabis Case in Washington Upholds Residency Requirement


On July 23, 2021, the Thurston County Superior Court granted an order for summary judgment to the Washington State Liquor and Cannabis Board (WSLCB) in a lawsuit filed by Idaho business man, Todd Brinkmeyer challenging Washington state’s residency requirement for marijuana licensing. Because Brinkmeyer is not a Washington resident, he cannot own any stake in a licensed marijuana business, despite the fact that he has been approved as a financer in a retail license. The order granting summary judgment stated that Brinkmeyer, the plaintiff, “failed to meet its heavy burden to establish that Washington’s Residency Requirement is unconstitutional under Washington’s Privileges and Immunities Clause [because] Plaintiff is not a Washington citizen and Article 1 Section 12 of the Washington Constitution, the Privileges and Immunities clause, does not apply to him.” While this decision may set back any challenge to the residency requirement under the Washington State Constitution, it does not settle open questions as to the residency requirements constitutionality under the US Constitution. If you are looking for a comprehensive breakdown of the procedural history of the Brinkmeyer v. WSLCB case, look no further than Cannabis Observer which has kept outstanding records as this case has developed. Here is a summary of some major points in the case, as provided by Cannabis Observer: June 2020 – Brinkmeyer, sued the WSLCB to overturn the state’s residency requirement. The lawsuit sought a declaratory judgment stating that the residency requirement violated the Dormant Commerce Clause of the US Constitution, the Article IV and 14th Amendment’s Privileges and Immunities Clause of the US Constitution, the 14th Amendment Due Process Clause of the US Constitution, and the 14th Amendment of the Equal Protection Clause. The lawsuit also sought relief under the Washington State Constitution pursuant to the Privileges or Immunities Clause in Article I, Section 12. July 2020 – The case is removed to federal court (United States District…

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Source : Cannabis Case in Washington Upholds Residency Requirement

reposted by Cannabis News World

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