Agenda - Planning Commission - 09/08/2011

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Iscii§iron..ls-c n ga a%tati? cal marijuana. We conclude that traditional zoning and business licensing, for the most part, is adequate to address the local land - use issues raised by medical marijuana. However, some problems are unique to medical marijuana and require advance planning, careful policy consideration, and coordination with other local government agencies. WHAT I5 MEDICAL MARIJUANA? At its simplest, medical marijuana is any form of the plant Cannabis sativa L., in- cluding its seeds and resin, intended for medical use by qualified patients (California Health & Safety Code, Section si0i8). It may consist of the dried plant or products derived from or incorporating the plant, such as foodstuffs or medicines. All laws legalizing medical marijuana require that it be used to treat conditions listed in the statute —or otherwise determined to be cov- ered —including, but not limited to, chronic pain and terminal illnesses (e.g., Nevada Constitution, Article 33, Section i.a.). All state statutes mandate written documenta- tion from a physician but cannot require a prescription, which may expose the doctor to penalty under federal law (e.g., Michigan Medical Marijuana Act, MCL 333.26422). Virtually all state laws cap the amount of marijuana that may be possessed by a qualified patient, and most regulate the number or square footage of marijuana plants that may be grown at a single loca- tion. State laws may also limit the type of transaction (e.g., nonprofit or exchange) and the type of provider (e.g., collectives or cooperatives). Most, though not all, states have a registration system to ensure that patients qualify for possession of medical marijuana. A few states, like New jersey and Arizona, regulate the total number of dis- pensaries (New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, Chapter 307 (2oio) and Arizona Medical Marijuana Act, Arizona Revised Statutes, Title 36, Chapter 28.1). Consistent with the basic legal framework established by state law, local governments are expected to regulate the cultivation, processing, distribution, de- livery, dispensing, storage, exchange, and consumption of medical marijuana. Each separate activity may require a different type of regulation, or different regulatory provisions within the municipal code. Local jurisdictions should carefully review existing ordinances governing each type of activity to determine whether special provisions need to be made for medical marijuana. For instance, cities may already regulate agricul- ture and on -site agricultural sales, but would 0 Under a contract from the National Institute on Drug Abuse, the University of Mississippi Marijuana Project is the only producer of marijuana for medical and research purposes explicitly sanctioned by the federal government. ZONINGPRACTICE z.0 AMERICAN PLANNING ASSOCIATION l page 3