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Additionally,since all operative medical the identity of the businesses seeking state ABOUTTHE AUTHOR
<br /> and recreational marijuana laws are based on licensure is not confidential.Municipalities and
<br /> statewide statutes,a locality must also address counties will therefore be able to determine Lynne A.Williams is an attorney based in Bar
<br /> whether a proposed ordinance is in compliance the proposed business use,its suitability in a Harbor,Maine,and she practices throughout
<br /> with state law.In most,if not all,statewide zone or district,and whether or not a business the state.Her practice consists of land use,
<br /> marijuana laws,there is either a statement,or license is required,thereby moving marijuana administrative litigation,and cannabis law.
<br /> an unstated inference that the state has oc- land-use away from the often vague regulatory She was formerly the chair of the Bar Harbor
<br /> cupied the field of marijuana regulation,and system of medical marijuana to the well-known Planning Board and is currently a member of
<br /> that local ordinances cannot conflict with,or structure of land-use regulation and business the Harbor Committee of Bar Harbor.
<br /> frustrate the intent of,state laws. licensure.
<br /> Many courts throughout the country Medical marijuana regulatory systems will
<br /> have expressed the following sentiment:"A still exist in most states that have legalized it, Cover:sale 123/iStock/Thinkstock
<br /> municipality may prescribe the business uses but it is likely that the majority of businesses in
<br /> which are permitted in particular districts but the marijuana sector will be recreational,rather
<br /> to prohibit the sale of all intoxicating beverages than medical,and therefore more easily regu- Vol.33,No.8
<br /> or other activities where such sale has been lated by municipalities and counties, Zoning Practice is a monthly publication of the
<br /> licensed by the state is to infringe upon the American Planning Association.Subscriptions are
<br /> power of the state"(Town of Onondaga v.Hub- CONCLUSION available for$95(U.S.)and$120(foreign).James
<br /> bell,8 N.Y.zd to M.Drinan,lo,Executive Director;David Rouse,
<br /> 39(1960)).Even home rule,in The public is overwhelmingly in support of FAICP,Managing Director of Research and Advisory
<br /> home-rule states,has its limitations, legalization of recreational marijuana.A recent Services.Zoning Practice(ISSN 1548-0135)is
<br /> Even using zoning in combination with Associated Press/University of Chicago poll produced at APA.Jim Schwab,FAICP,and David
<br /> Morley,AICP,Editors;Julie Von Bergen,Senior
<br /> business licensing can create problems.A case indicated that 63 percent ofthose polled sup- Editor.
<br /> currently making its way through the Maine port legalization,although when broken down Missing and damaged print issues:Contact
<br /> court system is a challenge to a local ordinance into medical and recreational,a smaller num- Customer Service,American Planning
<br /> that requires medical marijuana caregivers to ber,yet still a majority,supported recreational. Association,205 N.Michigan Ave.,Suite
<br /> come to a public meeting in order to request a That said,however,8 1200,Chicago,IL 60601(312-431-9100 or
<br /> p g q 9 percent of mi(lennials, customerservice@planning.org)within 90 days
<br /> business permit. now the country's largest generation,support ofthe publication date.Include the name of the
<br /> The plaintiffs argue that the ordinance is a complete legalization(Bentley 2o16).As with publication,year,volume and issue number or
<br /> violation of state law,which clearly states that medical marijuana legalization,as more states month,and your name,mailing address,and
<br /> the identity of all caregivers must remain confi- legalize,even more states will likely follow suit. membership number if applicable.
<br /> dential,and makes disclosure ofsuch informa- It is,therefore,incumbent on towns,cit- Copyright @2016 bythe American Planning
<br /> Association,205 N.Michigan Ave.,Suite 1200,
<br /> tion a civil violation with a fine imposed(/ohn ies,and counties to become educated on their Chicago,IL 60601-5927.The American Planning
<br /> Does 1-10 v.Town of York,ALFSC-CV-2015-87). state's statutes and the local regulations that Association also has offices at 103015th St.,NW,
<br /> However,as caregivers begin to move away have been passed or will likely be passed in Suite 7 planning.gWest,Washington,DC 20005-1503;
<br /> 0rg.
<br /> from home cultivation into leased industrial the future,and to draft land-use ordinances
<br /> space,a town could conceivably require a non- that address,in the ways most appropriate to All rights reserved.or partof
<br /> this publication
<br /> may be reproduced or utilizeeddin any form
<br /> caregiver landlord,who rents to caregivers,to the locality,the proliferation of medical mari- or by any means,electronic or mechanical,
<br /> obtain a business permit. juana and recreational marijuana uses, including photocopying,recording,or by any
<br /> information storage and retrieval system,without
<br /> Conversely,under adult recreational Since most states have not yet legalized permission in writing from the American Planning
<br /> statues in those states that have legalized recreational marijuana,now is definitely the Association.
<br /> recreational marijuana—as well as under the time to study and address the land-use issues Printed on recycled paper,including 50-70%
<br /> initiatives to be voted on in November 2016— that legalization may raise. recycled fiber and 10%postconsumer waste.
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<br /> AMERICAN PLANNING ASSOCIATION Ipage 7
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