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NORTHEAST PATIENTS v. UNITED CANNABIS PATIENTS

No. 21-1719, No. 21-1759.

45 F.4th 542 (2022)

NORTHEAST PATIENTS GROUP, d/b/a Wellness Connection of Maine; High Street Capital Partners, LLC, Plaintiffs, Appellees, v. UNITED CANNABIS PATIENTS AND CAREGIVERS OF MAINE, Intervenor-Defendant, Appellant, Maine Department of Administrative and Financial Services; Kirsten Figueroa, Commissioner of the Maine Department of Administrative and Financial Services, Defendants. Northeast Patients Group, d/b/a Wellness Connection of Maine; High Street Capital Partners, LLC, Plaintiffs, Appellees, v. Kirsten Figueroa, Commissioner of the Maine Department of Administrative and Financial Services, Defendant, Appellant, Maine Department of Administrative and Financial Services; United Cannabis Patients and Caregivers of Maine, Defendants.

United States Court of Appeals, First Circuit.

August 17, 2022.

Attorney(s) appearing for the Case

Matthew Warner , with whom Jonathan Mermin , Alexandra Harriman , and Preti, Flaherty, Beliveau & Pachios, LLP were on brief, for appellees.

James G. Monteleone , with whom Bernstein Shur was on brief, for appellant United Cannabis Patients and Caregivers of Maine.

Christopher C. Taub , Chief Deputy Attorney General of Maine, with whom Aaron M. Frey , Attorney General of Maine, Thomas A. Knowlton , Deputy Attorney General of Maine, and Paul E. Suitter , Assistant Attorney General of Maine, were on brief, for appellant Kirsten Figueroa.

Before Barron, Chief Judge, Lynch and Gelpí, Circuit Judges.

This appeal concerns whether the Maine Medical Use of Marijuana Act, 22 M.R.S. §§ 2421-2430 (2009) ("Maine Medical Marijuana Act"), violates what is known as the dormant Commerce Clause of the United States Constitution by requiring "officers" and "directors" of medical marijuana "dispensar[ies]," id.

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