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Sponsored by Lorman Education
Product ID: 408574EAU
Credit & Course Provided by:

Marijuana's Impact on Zoning and Land Use

OnDemand Webinar (97 minutes)

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.


Travis J. McDermott, Partridge Snow & Hahn LLP


Big Picture: State-Legal Marijuana and Federalism

• Medical and Adult-Use Legalization

• Federal Enforcement Priorities and Recent Trends

• What Is Federal Preemption?

Zoning: A Local Issue

• General Zoning Approaches

• Varieties of Marijuana-Specific Zoning Regulation

• Potential for State Preemption

Working With Local Governments

• Knowledge and Relationships Can Be Key

• Compliance Issues and Host Agreements

Tips for Zoning Issues

• Planning Process

• Red Flag Examples

• Some Example Case Studies

Potential Risks

• Criminal Enforcement Risks

• Zoning-Specific Risks

• Community/PR Risks