Maine Regulators Cease Enforcement Of Residency Requirements For Dispensaries & Caregivers
This change comes after a ruling by the US District Court for Maine
The Office of Cannabis Policy (OCP) is providing notification that it will cease enforcement of
Maine’s residency requirements for medical cannabis dispensaries and caregivers. This change
comes after a ruling by the United States District Court for the District of Maine, and a
subsequent affirmation by the United States Court of Appeals for the First Circuit. Chief Justice
Barron’s opinion on behalf of the majority can be read here.
The residency requirements for dispensaries stem from a long-standing requirement of the Maine
Medical Use of Cannabis Act that all officers or directors of a dispensary must be residents of
the State of Maine. In response to a lawsuit challenging this requirement, the court held it
unconstitutional and has ordered OCP and the Department of Administrative and Financial
Services (DAFS) to stop enforcing the provision. OCP has and will continue to abide by the
Court’s decision.
While the lawsuit challenge was specific to dispensaries, comparable residency requirements are
applied to registered caregivers operating in Maine’s Medical Use of Cannabis Program. OCP
and counsel in the Office of the Attorney General reviewed the court’s decision and, after careful
consideration, found that the ruling also applied to the constitutionality of the residency
requirements for registered caregivers, thus OCP will cease enforcement of the residency for
registered caregivers as well.
Maine has a well-established and successful medical cannabis program that has supported the
needs of its patients for many years—removal of the residency requirements will not diminish
the program’s ability to continue providing medical cannabis to qualifying patients.
Source: State of Maine OCP
