News & Analysis as of September 23, 2024

Dispensaries

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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 -

Get Up, Stand Up – Dispensary Challenges City’s Local Permitting Decision in Court

Bradley Arant Boult Cummings LLP on 8/29/2022

As we predicted back in April, disputes between medical cannabis businesses and counties or municipalities over local zoning ordinances and permits are starting to arise. Participants in Mississippi’s medical cannabis program...more

Don’t Tell Me This Town Ain’t Got No Heart: Mississippi’s Attorney General Opines on a City’s Ability to Regulate Medical Cannabis...

Bradley Arant Boult Cummings LLP on 4/25/2022

What promises to be the first of a litany of legal interpretations of the new Mississippi Medical Cannabis Act (MMCA), Attorney General Lynn Fitch released an official attorney general’s opinion on April 15, 2022, regarding...more

Massachusetts Supreme Judicial Court Issues Two Decisions Favorable to Marijuana Businesses

Partridge Snow & Hahn LLP on 10/6/2021

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

The Do’s and Don’ts of Leasing Medical Marijuana Dispensaries in Pennsylvania

Royer Cooper Cohen Braunfeld LLC on 9/10/2021

Nearly five years ago, Pennsylvania Governor Tom Wolf signed into law Pennsylvania’s Medical Marijuana Act (Act 16). Since that time, the Pennsylvania Department of Health (DOH), the agency responsible for issuing licenses...more

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Farrell Fritz, P.C. on 4/12/2021

After several stalled attempts, New York State became the 16th state to legalize recreational cannabis (marijuana) use. This occurred on March 31, 2021, when Governor Andrew Cuomo signed the “Marijuana Regulation and...more

The State of Cannabis in New York

Harris Beach PLLC on 10/21/2020

New York state seemed poised to legalize marijuana in 2020 – but those efforts, like so many others, were thwarted by COVID-19. However, we can expect this unfinished business to remain on the radar – with legalization seen...more

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

Best Best & Krieger LLP on 6/3/2020

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

California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”

Best Best & Krieger LLP on 8/22/2019

Union of Medical Marijuana Patients, Inc. v. City of San Diego - In a long-awaited decision, the California Supreme Court held this week that whether an activity is a “project” subject to environmental review under the...more

Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power

Farrell Fritz, P.C. on 1/21/2019

The Town of North Hempstead decided to ban recreational marijuana even before it becomes legal in New York. At its January 8, 2019 meeting, the Town Board unanimously adopted Local Law 1-2019, amending the Town zoning code,...more

California Supreme Court Clarifies that Voter Initiatives Are Not Subject to Certain of Proposition 218’s Limitations on Local...

Orrick, Herrington & Sutcliffe LLP on 9/11/2017

Since Proposition 218 was passed in 1996, which added Article XIIIC to the California Constitution (“Article XIIIC”), local governments have faced heightened restrictions in their abilities to impose taxes. Specifically,...more

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

Perkins Coie on 5/8/2013

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...

Best Best & Krieger LLP on 5/8/2013

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

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