News & Analysis as of

Medical Marijuana › Dispensaries › Local Ordinance

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
Partridge Snow & Hahn LLP

Massachusetts Supreme Judicial Court Issues Two Decisions Favorable to Marijuana Businesses

Partridge Snow & Hahn LLP on

Two recent unanimous decisions from the Massachusetts Supreme Judicial Court confirm the supremacy of the state’s marijuana laws over local zoning restrictions. The decisions also indicate a tendency of the Supreme Judicial...more

Partridge Snow & Hahn LLP

Be Mindful of Potential Zoning Hurdles to Rhode Island Marijuana Licenses

Partridge Snow & Hahn LLP on

Regulations governing the issuance of certain marijuana-related state licenses in Rhode Island do not require that applicants have specific municipal approvals but do require evidence of compliance with local zoning laws....more

Perkins Coie

Violation of Zoning Ordinance Limiting Medical Marijuana Cultivation Did Not Justify Seizure of Dispensary’s Medical Marijuana

Perkins Coie on

The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants...more

Best Best & Krieger LLP

$6 Million Fine for Trustee Who Knowingly Allowed Illegal Cannabis Dispensaries on Property Owned by Trust

Best Best & Krieger LLP on

California Appellate Court Says Trustee Can be Held Personally Liable - A trustee can be held personally liable for flagrant violations of a city’s zoning code, a California appellate court held last week. When a person acts...more

Foley Hoag LLP - Cannabis and the Law

Court Strikes Cambridge’s Permitting Preference Ordinance

Foley Hoag LLP - Cannabis and the Law on

In September 2019, the City of Cambridge enacted a local ordinance that effectively created a two-year moratorium on new cannabis retailers unless the retailers were certified Economic Empowerment applicants. The ordinance...more

Perkins Coie

California Supreme Court Clarifies What Is a “Project” Subject to CEQA

Perkins Coie on

The California Supreme Court clarified what activities are subject to CEQA in its recent decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, No. S238563, 2019 WL 3884465 (Aug. 19, 2019). First, the...more

Beveridge & Diamond PC

California Supreme Court Clarifies When Zoning Ordinance Amendments Trigger CEQA Review

Beveridge & Diamond PC on

On August 19, 2019, the California Supreme Court ruled on a fundamental California Environmental Quality Act (CEQA) issue: when is a zoning ordinance amendment considered a “project” subject to CEQA? The ordinance at issue...more

Lowndes

Orange County Unanimously Approves Medical Marijuana Dispensaries

Lowndes on

Though over 71% of Florida voters in 2016 approved Amendment 2 to allow medical marijuana, the numbers were higher in Orange County. Over 73% of Orange County voters said yes to Amendment 2, and that support was reflected in...more

Best Best & Krieger LLP

Taxes By Voter Initiative Not Restricted By Article XIII C of the California Constitution - California Supreme Court Holds That...

Best Best & Krieger LLP on

The power of the initiative is the power of the electorate to propose new laws subject to approval by voters. Filed yesterday, California Cannabis Coalition v. City of Upland et al. looks at the interplay between the...more

Best Best & Krieger LLP

Land Use and Marijuana: How We Got Here

Best Best & Krieger LLP on

In the wake of Proposition 64’s passage, California local governments may find themselves questioning how to apply land use laws to marijuana legalization. The Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA),...more

Sheppard Mullin Richter & Hampton LLP

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Sheppard Mullin Richter & Hampton LLP on

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

Lowndes

Florida Amendment 2 Rolls at the Polls: Getting into the Weeds of Medical Marijuana

Lowndes on

By an overwhelming 71% of voters saying “yes” to Amendment 2 on Election Day, Floridians successfully made Florida the first Southern state to legalize medical marijuana....more

Miller Starr Regalia

Enacting and Enforcing Local Ordinances to Prohibit Medical Marijuana Dispensaries – Up in Smoke?

Miller Starr Regalia on

California’s cities and counties have a long and growing track record successfully defending challenges to their land use authority filed on behalf of medical marijuana dispensaries. These successes are largely a product of...more

Best Best & Krieger LLP

Counties and Special Districts Prohibited from Enacting Substantially Similar Ordinance Subsequent to a Referendum Petition

Best Best & Krieger LLP on

California Appellate Court Addresses Prohibition in Medical Marijuana Dispensary Ordinance Referendum Opinion - In County of Kern v. T.C.E.F., Inc., et al., a California Court of Appeal determined that, upon receipt of a...more

Best Best & Krieger LLP

Deadline Removed for Local Government Regulation of Medical Marijuana Cultivation in California

Best Best & Krieger LLP on

The provision of the Medical Marijuana Regulation and Safety Act that created a March 1 deadline for any local regulations of medical marijuana cultivation was removed last week with Gov. Jerry Brown’s signing of AB 21. The...more

Best Best & Krieger LLP

Marijuana Regulations Growing Like Weeds in California

Best Best & Krieger LLP on

Although California legalized medical marijuana in 1996, cities have differed widely in their response to medical marijuana dispensaries. Recently, Newport Beach joined Huntington Beach, Laguna Hills, Anaheim and Rancho Santa...more

Perkins Coie

California Cities And Counties Can “Just Say No” To Medical Marijuana Dispensaries

Perkins Coie on

The California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana. The decision does not come as a...more

Best Best & Krieger LLP

California Supreme Court Recognizes Local Authority in Medical Marijuana Case - Decision Likely to Have Far-Reaching Impacts on...

Best Best & Krieger LLP on

In an unanimous opinion, the California Supreme Court has upheld local laws that regulate or prohibit medical marijuana dispensaries....more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide