BY: TIM GRENDA, J.D.
With more and more states passing or considering laws legalizing the use of medical marijuana, the market for legal medical marijuana dispensaries is on the verge of becoming a booming industry. Legitimate businesses where approved patients can come to purchase their supplies of medical marijuana are popping up in big cities and smaller communities in most of the 14 states which have approved medical marijuana use.
However, operating a medical marijuana dispensary is not simple. There are many state, local, and federal laws which must be abided by in order to operate legally and avoid raids and prosecution from authorities.
To further complicate matters, some states leave medical marijuana dispensary rules up to local and county ordinances, so there is a confusing patchwork of regulations which varies within each state. Also, some states are considering imposing heavy taxes on medical marijuana dispensaries and there are local zoning ordinances and other regulations regarding the establishment of medical marijuana dispensaries to deal with.
In 1996, California voters passed Proposition 215 (The Compassionate Use Act), becoming the first in the nation to allow the use of medical marijuana. Since then, 13 other states – Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington – have followed California’s lead and adopted their own medical marijuana laws.
The state laws are not all the same and have different regulations for who can sell, purchase, and use medical marijuana, how much they may legally possess, and other details. This can make it difficult for people who want to operate a legal medical marijuana dispensary to do so without violating the laws or local ordinances.
Many cities and police agencies fight the establishment of medical marijuana dispensaries in their communities, citing concerns about increased crime, transients, and impacts on local property values. Some cities have banned medical marijuana dispensaries from operating in their towns.
However, in states where medical marijuana has been approved, there is a growing market for legal medical marijuana dispensaries. By most counts, hundreds if not thouands of such businesses already are legally operating nationwide. There are more than 100 now open in the city of San Diego alone.
If you are planning to open or operate a legal medical marijuana dispensary, you should consult with a qualified attorney who is versed in the state and local regulations and ordinances in order to avoid problems.
