The Oklahoma federal choose raises the marijuana residency problem, however the situation stays unsolved
A federal judge in Oklahoma denied a lawsuit challenging the state’s residency requirements for medical marijuana owners, but the ruling does not resolve the issue.
US District Judge Stephen Friot based his March 17 ruling on the 11th amendment to the federal constitution, which largely prevents federal courts from hearing certain claims brought against states by nationals of other states.
The judge allows plaintiff Olympia, Washington Original Investments, within 14 days to file an amended complaint.
The decision does not address whether Oklahoma’s two-year residency requirement to own an interest in an MMJ company is unconstitutional, as claimed by Original Investments.
A similar pharmacy lawsuit has been filed in a county court in Oklahoma, and residency challenges for marijuana have been challenged in other regions of the country such as Maine, Missouri, and Washington state.
Oklahoma’s MMJ residency requirement was enacted in 2019, a year after voters legalized medical marijuana when they voted. Under this requirement, non-residents can only own up to 25% of a medical marijuana business.
Original Investments, which operates as Dank’s Wonder Emporium in Norman, Oklahoma, claims the requirement violates the U.S. Constitution’s trade clause.