Marijuana's Impact on Zoning and Land Use

Gain a better understanding of the complex zoning and land use issues associated with the marijuana industry.

With an increasing number of states now legalizing marijuana businesses, either for adult recreational use or for medical use, even as marijuana remains a Schedule I drug federally, questions proliferate about how local governments fit into the picture. The potential tension between state regulation and local land use regulatory authority differs from state to state and remains very much in flux. Some states explicitly provide for broad local authority to regulate marijuana land uses, others impose significant restraints, while still others restrict local regulatory action while otherwise preserving local authority to regulate land use. This topic will help persons responsible for zoning and land use issues become familiar with this new landscape and understand how to address common issues that arise in zoning state-legal marijuana operations. The material will also explain some of the state/federal conflict and preemption issues that are still being sorted out by Congress and the courts. This topic is useful for anyone who is involved in a marijuana business or its related zoning and land use concerns.

Learning Objectives

• You will be able to discuss the challenges of zoning and land use concerns with state-legal marijuana businesses.
• You will be able to explain the various approaches taken by different states to address land use and zoning issues when enacting a legalized adult-use marijuana regime.
• You will be able to identify the key issues that will guide the zoning and land use processes for a state-legal marijuana business.
• You will be able to recognize potential red flags for zoning approvals for a state-legal marijuana business.