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Marijuana Zoning Laws

Seyfarth Shaw LLP

The Week in Weed: August 2025 # 2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the big news is that Delaware’s retail market has opened. There are problems with dispensary locations in...more

Falcon Rappaport & Berkman LLP

Judge Strikes Down Long Island Dispensary Zoning Restrictions – More to Come?

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

Falcon Rappaport & Berkman LLP

Too Close for Comfort: OCM’s School-Distance Mistake Puts 100+ Dispensaries at Risk

In a shocking announcement, the New York Office of Cannabis Management (OCM) informed 108 adult-use dispensary license holders, including 89 in NYC, that the current locations of their dispensaries are in violation of the...more

Winthrop & Weinstine, P.A.

From Lottery to Launch: What Comes Next for Minnesota Cannabis Licensees

On June 5, 2025, the Minnesota Office of Cannabis Management (“OCM”) held its first lottery for applicants seeking cannabis business license types that are available in limited quantities. This marks the first grant of...more

Harris Beach Murtha PLLC

Cannabis Real Estate: Gating Issues in Retail Dispensary Site Selection

New York State legalized the use, sale, and production of recreational cannabis on March 31, 2021, by way of the Marijuana Regulation and Taxation Act (MRTA). As of May 2025, New York State has issued more than 1,600 licenses...more

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

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On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more

Cozen O'Connor

Pennsylvania Perspective for Monday, February 3, 2025

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Gov. Shapiro’s Budget Proposal to Focus on Education, Transportation, Fiscal Responsibility- Governor Josh Shapiro's upcoming budget proposal is expected to prioritize increased funding for the state’s poorest public...more

Vicente LLP

New Jersey Cannabis Dispensaries Can Now Apply for Consumption Lounge Licenses

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The New Jersey Cannabis Regulatory Commission (CRC) began accepting applications for cannabis consumption area endorsements on January 2, 2025. The Commissioners adopted the Notice of Application Acceptance for cannabis...more

Mandelbaum Barrett PC

New Jersey CRC to Open Applications for Cannabis Consumption Areas: Key Details You Need to Know

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Applications for cannabis consumption area endorsements are set to open on January 2, 2025, creating regulated spaces for adults aged 21 and older to consume cannabis products purchased at licensed dispensaries. The New...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

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

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

Harris Beach Murtha PLLC

Recent Updates Affecting the Retail, Restaurant & Hospitality Industry

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Marijuana and Zoning: Lack of Guidance Creates Unknowns…  On June 22, 2021, Governor Lamont signed Senate Bill 1201 into law. The bill, entitled “An Act Concerning Responsible and Equitable Regulation of Adult-Use...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

Allen Matkins

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

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

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