News & Analysis as of September 21, 2024

Decriminalization of Marijuana

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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 -

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

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

What Voter Approval of Recreational Marihuana Means for Municipalities

Dickinson Wright on 11/16/2018

On November 6, Michigan voters approved Proposal 1, legalizing the use of marihuana by individuals 21 years of age and older. The legislation initiated by Proposal 1 will become effective 10 days after certification of the...more

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

FordHarrison on 7/17/2018

Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...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

Municipal Legal News

Dickinson Wright on 10/4/2016

On September 21, Governor Snyder signed a package of bills (2016 PA 281-283) that significantly expands the types of medical marijuana facilities permitted under state law, and establishes a licensing scheme similar to the...more

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