Bloomberg Law
Feb. 8, 2023, 9:04 PM

Washington’s Ban Upheld on Cannabis Licenses for Out-of-Staters

Peter Hayes
Peter Hayes

Washington state’s residency requirement to hold a license to sell cannabis is constitutional because the dormant commerce clause—which bars state laws that unduly burden interstate commerce—doesn’t apply to federally illegal markets, a federal trial court ruled.

Plaintiff Todd Brinkmeyer’s claim that the restriction violates the privileges and immunities clause of Article IV of the Constitution also fails because the right to engage in commerce that is federally illegal isn’t a fundamental right, Judge Benjamin H. Settle of the US District Court for the Western District of Washington said Tuesday.

Brinkmeyer’s equal protection claim fails because the regulation is rationally related ...