How to Fight a City Ban on Marijuana Businesses

By Michele Brooke, Esq.

Hundreds of cities in California and in other states have enacted laws that prohibit medical or recreational marijuana dispensaries. This prohibition is brought about when a city council enacts a moratorium on dispensaries or drafts ordinances forbidding cannabis businesses.

Ordinances or Municipal laws are drafted by attorneys at the local government level. They are laws that apply only to persons in that city. Most incorporated cities have local laws governing their communities. These ordinances can be very frustrating for people who want to open dispensaries, growing facilities, or infused-products businesses near or around where they live. It also is frustrating to patients who rely on medical marijuana, who may find themselves having to try to grow plants themselves (and not everyone has a green thumb or is able to grow where they reside), because the closest dispensary is far away.

Generally, the city creates zoning ordinances, that, in essence, say there is no room in our city for “things like that!” Or marijuana businesses are deemed a public nuisance.

So what are patients or marijuana business owners to do? Well, in many states, there is something they can do to challenge local ordinances. They can encourage local voters to join them in asking the city government for a new ordinance–one that reflects the will of the people as set forth in accordance with their existing state laws. This is done by the process of “voter initiative.”

In other words, the voters take the initiative to challenge current laws by creating their own law. Voter initiatives are powerful because they require a city to hold a special election, which often is costly and time consuming to conduct. Some local governments could decide to adopt an ordinance permitting limited, regulated businesses just to avoid a time consuming and expensive special election. These local governments have to decide whether this is how they want to spend their limited tax dollars–i.e., fighting a group of citizens over the opening of regulated marijuana businesses.

Unfortunately, not every city allows its citizens to take the initiative to directly challenge the laws that govern them, but most do. So, if you wish to embark on this method, start by researching the process of pursuing a voter initiative in your city.

If the right exists, gather a group of like-minded individuals who will contribute their time, energy and finances to fund the effort. Begin to plan your strategy, including locating a professional or knowledgeable individual to help draft your proposed ordinance.

At the same time, you need to review the city’s charter and locate your state’s Election Code laws to make sure no mistakes are made in the process. Generally, rigid timing and petition requirements are involved in executing an initiative properly, and these requirements differ by state. You cannot depend on the city officials to educate you about the process, so you need knowledgeable people on your team.

Patients and business owners can stand up for themselves if they are unhappy with unreasonable prohibition, and a voter initiative is just one way to do that.

Michele Brooke is an attorney in California who practices civil litigation and civil cannabis law. She is a member of Americans For Safe Access, NORML and the American Herbal Products Association, Cannabis Committee. Visit her website: www.brookelawgroup.com