News & Analysis as of

Marijuana Related Businesses Zoning Laws

Saiber LLC

New Jersey Appellate Panel Confirms Towns Right to Regulate Cannabis Licenses

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The New Jersey Appellate Division recently affirmed a trial court’s decision to allow a New Jersey town to deny a prospective retail cannabis business to operate, determining that the municipality has the discretion to decide...more

Sheppard Mullin Richter & Hampton LLP

Commercial Cannabis Permit Program and Overlay District Statutorily Exempt Under CEQA Guideline Section 15183

On June 13, 2023, the Second Appellate District affirmed the City of Pomona’s use of a statutory exemption for its Commercial Cannabis Overlay Permit Program under California Environmental Quality Act (CEQA) Guidelines...more

Vicente LLP

Ocean State Cannabis Update: Municipal Approvals for Adult Use Retail in Rhode Island Provide Ample Opportunity for Interested...

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November saw a lot of local activity regarding Rhode Island's upcoming adult-use cannabis retail licensing round. As discussed in a previous post, the Rhode Island Cannabis Act (RICA) permitted cities and towns to include a...more

Husch Blackwell LLP

So You Want to Rent To A Cannabis Tenant? Nine Considerations for Retail Landlords

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The United States’ retail cannabis industry continues exploding, and it doesn’t show any signs of slowing down. These numbers are guaranteed to change after this Tuesday’s election, but as of October 2022, 37 states have...more

Vicente LLP

How to Find Appropriate Real Estate for Your New York Cannabis Business

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So, you decided to start a cannabis business in New York. With the release of more license categories on the horizon, it’s an exciting and hectic time. To help you prepare, VS’s New York team created an eight-part...more

Bradley Arant Boult Cummings LLP

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

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

Looking into Our (Slightly Hazy) Crystal Ball: What Will the Mississippi Cannabis Market Look Like?

When you do what we do, you get a lot of calls and a lot of questions. Many of the calls and questions are not fruitful. Quite honestly, some of the calls are from folks whose interest in and experience with cannabis is, we...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

Womble Bond Dickinson

Locally Sourced Cannabis Laws: The Importance of Zoning in Cannabis Operations

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'Is it local?' isn't just a question about the source of a cannabis product; now it's a question about one of the more complex and inconsistent levels of cannabis regulation, that of the local government. Production and sale...more

Partridge Snow & Hahn LLP

Be Mindful of Potential Zoning Hurdles to Rhode Island Marijuana Licenses

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

Rivkin Radler LLP

Cannabis Investors and Producers Face Need for Due Diligence

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The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are...more

Nossaman LLP

Government’s Property Regulation Terminating Cannabis License is Not a Taking

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It is commonplace for a local government agency to require a property or business owner to secure a license or permit for a particular type of operation (such as a liquor license, medical marijuana license, etc.). If the...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

Downey Brand LLP

California Supreme Court Holds Medical Marijuana Zoning Ordinance is a Project Subject to CEQA

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Every CEQA analysis begins with the threshold question of whether the activity is a “project” as defined by Public Resources Code section 21065 and 21080. In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the...more

Holland & Knight LLP

Clearing the Smoke: California Supreme Court Expands Scope of Activities Subject to CEQA Review

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The California Supreme Court in Union of Medical Marijuana Patients v. City of San Diego (Medical Marijuana) cut through the hazy smoke that sometimes obscures whether an activity would be subject to environmental review...more

Miller Starr Regalia

Not A CEQA “Project”? Not So Fast, Lead Agency! Supreme Court Reverses Fourth District’s Decision That San Diego’s Adoption of...

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Introduction And Overview - On August 19, 2019, the California Supreme Court issued its unanimous 38-page opinion, authored by Chief Justice Cantil-Sakauye, in the CEQA “project definition” case we’ve been tracking with...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

Holland & Knight LLP

Illinois Legislature Legalizes Recreational Marijuana - An Overview of the Cannabis Regulation and Tax Act

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• On May 31, 2019, the Illinois General Assembly adopted the Cannabis Regulation and Tax Act (the Act) – legalizing the sale, possession and use of marijuana for recreational purposes by adults over age 21 starting Jan. 1,...more

Davis Wright Tremaine LLP

Washington State Regulator May License Site-Specific Cannabis Business despite Conflicting Zoning, Appeals Court Finds

The Washington State Liquor and Cannabis Board, which is charged with licensing cannabis businesses, does not need to consider whether municipal or county land use codes would permit a proposed facility in a particular...more

Snell & Wilmer

Appellate Court Affirms Medical Marijuana Variance in Phoenix

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On May 2, 2019, the Arizona Court of Appeals in a memorandum decision, upheld a superior court judgment affirming a variance granted by the City of Phoenix Board of Adjustment (Board) to allow the operation of a medical...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

Conn Kavanaugh

Cannabis Foes Lose in Land Court on Traditional Zoning Argument

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A Land Court ruling late last week chipped away at the several arguments raised by local opponents to a large proposed grow operation in Charlton, Massachusetts. See Valley Green Grow, Inc. v. Charlton, 2019 WL 1087930 (Land...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

Foster Garvey PC

Short-Term Rental Update: L.A. approves regulations for short-term rentals; Las Vegas Council new rule called ‘A Ban In Disguise’...

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In our Short-Term Rental Update this week, we focus on developments in the industry. New regulations in Los Angeles, which are expected to go into effect in July 2019, will prohibit “rogue hotels” but allow limited...more

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