Posted by: Patricia Salkin | June 19, 2011

New California Statute Restricts Location of Medical Marijuana Dispensaries

California statute now provides that no medical marijuana cooperative, collective, dispensary, operator, establishment, or provider authorized to possess, cultivate, or distribute medical marijuana that has a storefront or mobile retail outlet which ordinarily requires a local business license shall be located within a 600-foot radius of any public or private K–12 school. Exempted from the law are operations and providers that are also licensed medical or elder care facilities. Local ordinances adopted prior to January 2011 that regulate the location of such establishments would not be preempted, and the law specifically allows local governments to adopt ordinances and policies that further restrict the location or establishment of such outlets.

Chap. 603 of the California Laws of 2010 (H.B. No. 2650) 

A copy of the legislation can be accessed at:  http://leginfo.ca.gov/pub/09-10/bill/asm/ab_2601-2650/ab_2650_bill_20100930_chaptered.pdf

For a recent article on the land use regulatory aspects of medical marijuana see: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1635438

 


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