News & Analysis as of

Municipalities Dispensaries

Troutman Pepper

Massachusetts Cannabis Firms Contest Alleged Misdocumentation of Community Impact Fees

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Recent developments in the Massachusetts cannabis industry, significant legislative changes, and legal actions have spotlighted the contentious issue of so-called community impact fees. These fees, which are intended to...more

Warner Norcross + Judd

Obtaining a Recreational Marijuana License from Your Local Municipality

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In today’s episode of Warner’s Legal News for the Cannabis Industry, Warner partner Gaëtan Gerville-Réache addresses the arduous process of obtaining recreational marijuana licenses from local municipalities. Stiff...more

Bradley Arant Boult Cummings LLP

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

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

Pullman & Comley - For What It May Be Worth

Appraisal Techniques in Cannabis Zoning

Adult-use/recreational cannabis is a new frontier for Connecticut towns.  After recreational/adult use cannabis was passed by the State legislature and became effective July 1, 2021, towns were left to decide how to zone...more

Lowenstein Sandler LLP

It’s Not Easy Being Green: How To Comply with the Latest Cannabis Regulations

In this episode of “Regulatory Matters,” host Rachel Maimin talks to partner Peter Slocum about how businesses can navigate the heavily regulated landscape of New Jersey’s now-legalized cannabis space. Slocum discusses how...more

Bradley Arant Boult Cummings LLP

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...

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

Lippes Mathias LLP

Empire State Cannabis Update: Municipality Opt-Outs Are Final—What Now?

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There has been a lot of talk about “opting out” since New York’s Marijuana Regulation and Taxation Act (MRTA) was passed on March 31, 2021. The MRTA set a deadline of December 31, 2021, for the state’s municipalities to...more

Foley Hoag LLP - Cannabis and the Law

More Than 400 New York Municipalities Opt out of Adult Use Cannabis Sales as Deadline Looms

The deadline for municipalities in New York State to choose whether they will allow retail sales of adult use cannabis is rapidly approaching. To date, approximately 25% of the state’s towns, and 30% of villages, have enacted...more

Partridge Snow & Hahn LLP

Massachusetts Supreme Judicial Court Issues Two Decisions Favorable to Marijuana Businesses

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

Foley Hoag LLP - Cannabis and the Law

New Jersey: CRC Builds the Application Infrastructure.

As was discussed in detail during Foley Hoag’s recent New Jersey webinar, the adult-use regulations released by the New Jersey Cannabis Regulatory Commission (“CRC”) contain several unanswered questions. For instance, when...more

Royer Cooper Cohen Braunfeld LLC

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

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

Goodwin

New Jersey Cannabis Regulatory Commission Approves Specially Adopted Personal Use Cannabis Rules

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On August 19, 2021, the New Jersey Cannabis Regulatory Commission (CRC) approved the Specially Adopted Personal Use Cannabis Rules (the “Rules”). The Rules will be effective until at least August 19, 2022. The Rules...more

The Rodman Law Group, LLC

New York’s Recreational Marijuana Landscape: Key Takeaways

On March 31, 2021, Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (“MRTA”), legalizing recreational cannabis use in New York state for adults 21 years or older. The move is expected to generate tens of...more

Harris Beach PLLC

Recreational Marijuana Use Legalized in NYS – Your Questions Answered

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On March 31, Governor Andrew Cuomo signed into law the New York State Marijuana Regulation and Taxation Act (“MRTA”) which legalized recreational use of marijuana for adults over the age of 21. Although retail sales of...more

Harris Beach PLLC

"Opting Out" of Dispensaries and Consumption Sites and Permissive Referendums Under New York’s Marijuana Regulation and Taxation...

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The Marijuana Regulation and Taxation Act (“MRTA”) provides towns, villages, and cities an opportunity to opt out of allowing retail dispensaries and on-site consumption licensees to operate within the municipality’s...more

Fox Rothschild LLP

New York’s Adult-Use Cannabis Law: Opportunity Starts With The Right Real Estate

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Second in a series on the New York State Cannabis/Marijuana Regulation & Taxation Act- The New York State Marijuana Regulation and Taxation Act (MRTA), signed into law on March 31, legalized recreational use of marijuana...more

Farrell Fritz, P.C.

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

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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

Harris Beach PLLC

The State of Cannabis in New York

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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

Best Best & Krieger LLP

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

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

Seyfarth Shaw LLP

To Live and Die in LA: Despite Increased Demand, Cannabis Retailers Still Fight for Life in Light of the Pandemic – Is Help on the...

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When we all sheltered in place in mid-March, social media accounts everywhere reflexively joked how marijuana use was about to skyrocket like wine consumption and On Demand streaming. ...more

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

Arizona’s 2020 Vision: Employers Will Want to Keep an Eye on These Changes

As Arizona employers prepare for 2020, key minimum wages and exempt salary levels under city, state, and federal law will go into effect. Additionally, employers will want to remain aware of potential legislation and/or voter...more

Best Best & Krieger LLP

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

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

Farrell Fritz, P.C.

Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power

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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

Holland & Knight LLP

New Illinois Governor May Act Quickly to Legalize Recreational Marijuana

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• Illinois Governor-Elect J.B. Pritzker is expected to act quickly on one of his campaign promises – the legalization of recreational marijuana use. • Illinois has been gradually moving toward full legalization since...more

Best Best & Krieger LLP

General Tax Measure With Related Advisory Measure On Same Ballot Does Not Turn It Into A Special Tax - Issue Related To Number Of...

Last week, the California Court of Appeal clarified what happens to a general tax measure when it is placed on the same ballot as a related advisory measure that asks how revenues from the general tax measure should be spent....more

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