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A recent decision in the New York State Supreme Court has significant implications for the local regulation of adult-use cannabis dispensaries in New York. Tink & E. Co. (hereafter, “Tink”), an adult-use retail dispensary...more
This year’s election saw no shortage of surprises at the federal, state, and local levels, and Colorado Springs, CO was no exception. Although the results have yet to be officially certified, it appears that voters have...more
The cannabis industry is growing at a rapid pace given the proliferation of states legalizing medical and recreational use. Indeed, most states already have a comprehensive medical cannabis program, and many are rolling out...more
The last several years have seen hemp and cannabis journey from their traditional treatment as substances controlled at the state and federal levels, on penalty of criminal prosecution, to a more legally and socially accepted...more
CASES OF NOTE - CONVEYANCE OF PROPERTY RESULT OF MUTUAL MISTAKE - Thomas v. Medeiros, 100 Mass. App. Ct. 1106 (2021) - The Massachusetts Appeals Court recently affirmed a determination by the Land Court that a...more
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
'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
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
The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants...more
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
In September 2019, the City of Cambridge enacted a local ordinance that effectively created a two-year moratorium on new cannabis retailers unless the retailers were certified Economic Empowerment applicants. The ordinance...more
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
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
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
The State of California has unveiled new proposed permanent regulations for the licensing of commercial cannabis businesses. One of the most controversial provisions affecting local agencies is California Code of Regulations...more
Approximately 43 million tourists visit Las Vegas annually, and of those tourists, some undoubtedly consume marijuana during their visits. There is just one major issue: There is no place for the tourists to consume it....more
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
California voters legalizing the use of recreational marijuana under Proposition 64, also known as The Adult Use of Marijuana Act (AUMA) last November is just the beginning. Deciding how cannabis will be grown, sold and...more
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
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
Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more
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
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
California Appellate Court Addresses Prohibition in Medical Marijuana Dispensary Ordinance Referendum Opinion - In County of Kern v. T.C.E.F., Inc., et al., a California Court of Appeal determined that, upon receipt of a...more
The provision of the Medical Marijuana Regulation and Safety Act that created a March 1 deadline for any local regulations of medical marijuana cultivation was removed last week with Gov. Jerry Brown’s signing of AB 21. The...more