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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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

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