Agenda - Planning Commission - 09/08/2011

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The Next Zoning Battleground: Trends and Challenges in Local Regulation of Medical Marijuana By Deborah M. Rosenthal, AICP, and Alfred Fraijo Jr. Fifteen states and the District of Columbia currently allow the private possession of small quantities of marijuana for medical use. The trend, which began with California's adoption of the Compassionate Use Act in 1996, is expected to accelerate in the future, with the majority of state laws passed in just the last six years. Last year alone, 19 states considered measures to legalize medical marijuana, although they were approved in only two states. In most states, medical marijuana possession has initially been approved by ballot measure, not statute. Medical marijuana possession, therefore, enjoys wide public support in an increasing number of jurisdictions. State statutes decriminalizing mari- juana for medical purposes typically do not govern marijuana cultivation, processing, distribution, and sale. This task is left to individual jurisdictions under the police power, specifically their zoning and busi- ness licensing authority. In response to this regulatory vacuum at the state level, local governments have responded with an almost staggering variety of ordinances and regulations over the past few years. Local land -use approaches range from total exclusion to standard zoning and business permitting systems. To date, there is no national consensus on regulation of medical marijuana, although the need for local ordinances is readily apparent. The Medical marijuana allowed; marijuana use decriminalized Medical marijuana allowed Marijuana use decriminalized ® Twenty-one states and the District of Columbia have passed taws either decriminalizing the use of marijuana or sanctioning the cultivation or distribution of medical marijuana subject to local regulations. For information about specific state laws, see the National Organization for Reform of Marijuana Laws (www.norml.org). cautionary experiences of cities like Los Angeles, which was rapidly overwhelmed by hundreds of dispensaries after legaliza- tion, have led to a recent surge in local ordinances. For purposes of this article, the term "dispensary" is used to refer generally to medical marijuana dispensing facilities without distinction to cooperatives, col- lectives, or other legal entities defined by state or local law. This article reviews the most common regulatory issues, emerging trends, and judicial challenges to regulations adopted by local government in response to state law changes permitting possession of medi- ZONINGPRACTICE 7.11 AMERICAN PLANNING ASSOCIATION I page 2