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<br /> Regulating Medical and
<br /> Recreational Marijuana Land Use
<br /> By Lynne A. Williams
<br /> Twenty-five states and the District of Columbia allow the cultivation,
<br /> sale, and use of medical marijuana.
<br /> In addition,four states—Colorado,Washing- tablished in the newly legalized recreational heretofore unseen in many communities,there
<br /> ton,Oregon,and Alaska—have legalized the marijuana states range from localities"opting are multiple options that can be implemented.
<br /> cultivation,possession,use,and sale of recre- out"to making a marijuana business a"use by The following sections discuss how these op-
<br /> ational marijuana,and the District of Columbia right"in certain districts,with a required per- tions are being implemented both in jurisdic-
<br /> has legalized cultivation,possession,and use. mit.Most tactics use both zoning and business tions that have legalized recreational marijua-
<br /> In 2o16,there will likely be at least five,if not licensing regulations,often in combination.For na as well as in those that have only legalized
<br /> more,states that will vote on the legalization example,a business licensing requirement can medical marijuana.
<br /> of recreational marijuana,including Arizona, be overlaid on a zoning ordinance,so that if a
<br /> California,Massachusetts,Nevada,and Maine. marijuana business use is an allowed use,the FEDERAL PREEMPTION
<br /> (For information about individual states and business must still obtain a license,and that Marijuana,whether medical or recreational,
<br /> the status of marijuana laws,see normLorg process would address specific aspects of the continues to be listed on Schedule I of the U.S.
<br /> /states.) business,such as safety issues,noise,odors, Controlled Substances Act(CSA)and is there-
<br /> While the legalization of medical marijua- parking,traffic,and other impacts. fore still illegal under federal law.However,the
<br /> na created some land-use issues,for the Most This article reviews local approaches to U.S.Department of justice(DOj),most recently
<br /> part they are simpler and less urgent compared regulating medicinal and recreational marijua- in 2013,has advised federal prosecutors to
<br /> with issues related to the legalization of rec- na.While both medical and recreational mari- refrain from using scarce federal drug enforce-
<br /> reational uses.California failed to even enact juana businesses are part of a new economic ment resources to prosecute individuals who
<br /> a regulatory scheme until late 2015,19 years sector that involves land uses and businesses, are in compliance with state law(Cole 2013).
<br /> after legalizing medical marijuana.During that
<br /> time,so called dispensaries proliferated but
<br /> towns and cities were slow to address potentia! `` o
<br /> land-use issues,given the lack of guidance by ,
<br /> the state.Maine,which legalized medical marlk ,: '
<br /> juana in 1999,did not even allow dispensaries
<br /> until 2009.So for to years Maine's patients
<br /> gottheir'medicine from a system of individual
<br /> caregivers,most of whom operated out of their
<br /> homes or farms and were limited to serving five
<br /> or fewer patients.However,the legalization of
<br /> recreational marijuana in a number of states,
<br /> with more to follow—combined with the possi-
<br /> bility of new dispensaries in some states—has
<br /> spurred towns and cities to begin to discuss
<br /> D
<br /> land-use issues for marijuana businesses.
<br /> Currently,towns,cities,and counties use w status -
<br /> a wide variety of regulatory tactics to control & 0 illegal
<br /> marijuana businesses and activities,and those i EM medical
<br /> medical and recreational
<br /> tactics breakdown into two broad groups— r -
<br /> business licensing standards and zoning.With
<br /> respect to medical marijuana uses,most of the
<br /> focus has been on regulating the siting of dis-
<br /> pensaries
<br /> is pensaries and cultivation operations through
<br /> zoning.The types of regulatory schemes es-
<br /> ZONINGPRACTICE 8.i6
<br /> AMERICAN PLANNING ASSOCIATION I page 2
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