Would the licensing of dispensaries be unconstitutional since federal law does not allow for the medical use of marijuana?
No. Nor is Maine’s current medical marijuana law. Under our federal system, Maine and the federal government have concurrent jurisdiction to regulate marijuana. Maine is not required by the federal Constitution to have any laws criminalizing marijuana at all. The dispensary provision merely creates an exception to Maine’s state law regarding the cultivation and possession of marijuana. It does not affect federal law.
