LICENSE TO SELL: THE CONSTITUTIONALITY OF DURATIONAL RESIDENCY REQUIREMENTS FOR RETAIL MARIJUANA LICENSES

States are increasingly legalizing and regulating recreational marijuana, largely as a result of their citizens' actions. The sale of recreational marijuana is strictly regulated, but jurisprudence within the field is scarce. Among these regulations, some states have imposed a durational residency requirement as a prerequisite for a retail marijuana license. Such a requirement mirrors those imposed on retail liquor licenses the Supreme Court recently struck down. States have imposed durational residency requirements in many contexts throughout history and, while some are upheld, many are struck down as unconstitutional impingements on the right to travel. However, courts also use the dormant Commerce Clause doctrine to invalidate such requirements, as seen in the recent case Tennessee Wine & Spirits Retailers Ass'n v. Thomas. This Note explores the constitutionality of durational residency requirements for retail marijuana licenses under the right to travel line of cases and the dormant Commerce Clause doctrine, and ultimately concludes that such requirements should be abolished.
Introduction 1440 I. The History of Durational Residency Requirements and Marijuana 1442 A. The Right to Travel: Supreme Court Jurisprudence on State-Imposed Durational Residency Requirements, 1443 B. Under the Influence: [...]