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Government

Apr. 12, 2012

Medical marijuana: local land use authority versus state and federal law

It's no easy task sorting sorting through the mess of multiple levels of government claiming the exclusive right to regulate medical marijuana. By Thomas B. Brown and Stephen A. McEwen of Burke Williams & Sorensen LLP


By Thomas B. Brown and Stephen A. McEwen


California's medical marijuana laws - the voter-approved Compassionate Use Act, or CUA of 1996 and the Legislature's Medical Marijuana Program Act, or MMPA, of 2003 - present cities and counties with thorny legal dilemmas with respect to whether and how to apply appropriate zoning and business license regulations to the distribution of medical marijuana. Three cases currently pending before the California Supreme C...

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