Nuisance, Safety, and Land Use (urban)

Land use regulation and nuisance cause of action issues that medical marijuana and recreational marijuana legalization pose for landowners, homeowners, landlords, tenants, developers, cities and counties, distributors, users and patients. Federal and state law overlap and conflicts.

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OPINION: Union of Medical Marijuana Patients, Inc. v. City of San Diego (California Coastal Commission)

___ CA5th ___ (Cal. App., 10/14/16)

The Union of Medical Marijuana Patients was unable to convince a California court of appeal that a city ordinance adopting regulations for the establishment and location of medical marijuana consumer cooperatives in San Diego was a project within the meaning of CEQA; thus the city did not need to conduct an environmental analysis before enacting the ordinance.

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Is Medical Marijuana Cultivation More Than Just a Land-Use Issue?

By Henry G. Wykowski and Andrew F. Scher

In 2013, the California Supreme Court (in its Inland Empire decision) upheld the power of cities and counties to adopt land use ordinances that ban medical marijuana dispensaries. But the supreme court has not yet ruled on whether local entities may ban a qualified individual patient from cultivating his or her own medical marijuana.

Do Private Cannabis Clubs Make Public Smoking OK?

By Ephrat Livni

Marijuana use in Colorado has been banned at hotels and in public generally but resourceful enthusiasts are working round the prohibitions with cannabis clubs, places where people can go to hang out and smoke

O'Neill Institute, WOLA to Examine Public Health Approaches to Legalizing Marijuana

The O’Neill Institute for National and Global Health Law at Georgetown Law, in collaboration with the Washington Office on Latin America (WOLA), has received a $250,000 grant from the Open Philanthropy Project to help develop guidelines on how states, countries, and other jurisdictions that opt to legalize cannabis for medical or recreational purposes can create regulatory frameworks, consistent with the goals of legalization, that will work effectively to protect and promote the public health.

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Web Site: America's Weed Rush

This investigation of marijuana legalization in America is the 2015 project of the Carnegie-Knight News21 program, a national multimedia investigative reporting project produced by the nation’s top journalism students and graduates.

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