News & Analysis as of

State and Local Government Zoning Laws Marijuana

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Cozen O'Connor on

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

Mandelbaum Barrett PC

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

Mandelbaum Barrett PC on

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

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

Harris Beach Murtha PLLC on

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

Downey Brand LLP

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

Downey Brand LLP on

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...

Miller Starr Regalia on

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

Holland & Knight LLP on

• 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

Farrell Fritz, P.C.

Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power

Farrell Fritz, P.C. on

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

Miller Starr Regalia

Another Day, Another Challenge to Local Zoning of Medical Marijuana Dispensaries Goes Down in Smoke

Miller Starr Regalia on

In the year of the 25th anniversary of Groundhog Day, starring Bill Murray, about a weatherman named Phil Connors who finds himself repeatedly living the same frustrating day, a California court rejected yet another lawsuit...more

Mintz - Health Care Viewpoints

Massachusetts House and Senate Tackle Marijuana Policy

On June 21st, 2017, after considering 118 amendments, the House passed sweeping legislation (H.3768) by a vote of 126 to 28 refining the laws governing the legalization of adult-use cannabis....more

Brownstein Hyatt Farber Schreck

Top Ten Things to Know About Nevada's Question 2

The Basics: Question 2 is an indirect initiated state statute (the “Act”). Question 2 legalizes the possession, purchase, transportation and consumption of one ounce or less of marijuana (and one-eighth of an ounce or less of...more

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