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Medical Marijuana › Local Ordinance › Marijuana Related Businesses

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 -
Ogletree, Deakins, Nash, Smoak & Stewart,...

The Latest in Multi-Jurisdictional Marijuana Compliance

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​​​​​​​Legalization of medical and recreational marijuana use continues to spread across the United States despite the drug remaining a Schedule I controlled substance under federal law. This comes as respondents to Ogletree...more

Bradley Arant Boult Cummings LLP

Assessing the Playing Field After Mississippi’s Medical Cannabis Opt-Out Deadline Expires

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May 4th celebrates Star Wars, and May 5th is Cinco de Mayo. While not as popular, May 3rd still likely means a lot of different things to a lot of different people. But, in Mississippi, in 2022, May 3rd was a date circled on...more

Bradley Arant Boult Cummings LLP

Just Say No? Some Cities Opt Out of Mississippi Medical Cannabis Act, and Others May Follow or Adopt Restrictions

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Municipalities in Mississippi are electing to opt out of allowing medical cannabis establishments to operate under the Mississippi Medical Cannabis Act or, at a minimum, are holding public hearings to explore that option or...more

Partridge Snow & Hahn LLP

Massachusetts Supreme Judicial Court Issues Two Decisions Favorable to Marijuana Businesses

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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

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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

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

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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

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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

Genova Burns LLC

Opportunities Blossom for Medical Marijuana Facilities in Newark After Amendments to Zoning Ordinance

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On May 1, 2019, the City of Newark Municipal Council adopted Ordinance 18-1970 (the "Ordinance") by a 7-0 vote amending several sections of the City’s Land Development Ordinance to permit as conditional uses medical marijuana...more

Lowndes

Orange County Unanimously Approves Medical Marijuana Dispensaries

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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...

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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

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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

Best Best & Krieger LLP

Prop. 64 – The Basics: Q&A on Marijuana Legalization

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Last week, Best Best & Krieger presented the first in a series of webinars on Proposition 64 and marijuana legalization in California. Such an interesting topic yielded many questions — some of which we have selected to...more

Lowndes

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

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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?

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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

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