Medical Marijuana 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 -
News & Analysis as of

New Laws Provide Clarification for Medical Marijuana Patients, Caregivers and Provisioning Centers

On September 21, 2016, Governor Snyder signed a three-bill package to clarify the state's voter-approved medical marijuana law adopted in 2008. House Bills 4209, 4210, and 4827 authorize cities, townships and villages to...more

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

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

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

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

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

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

Marijuana Regulations Growing Like Weeds in California

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

State Law Preemption of Local Land Use Regulations and the Supreme Court's Recent Decision Upholding Citywide Ban on Medical...

The recent spate of court cases dealing with local regulation of medical marijuana dispensaries ("MMDs") offers an interesting illustration of the interplay between federal, state and local laws that regulate the same subject...more

California Cities and Counties Can Allow, Restrict, Limit or Exclude Facilities that Distribute Medical Marijuana

The California Supreme Court ruled unanimously on May 6 in City of Riverside v. Inland Empire Patients Health and Wellness Center that cities and counties have the right to ban medical marijuana dispensaries within their...more

The California Supreme Court Confirms The Power Of Local Governments To Regulate Medical Marijuana.

Few issues have sparked so much debate in so many local governments then how to regulate the medical marijuana industry. Proponents have filed numerous challenges to various attempts by cities and counties, but now the legal,...more

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

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

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

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

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