Why Localism is Bad for Business: Land Use Regulation of the Cannabis Industry Article
Date of Publication:
Recommended Citation
Will Bunting and James M. Lammendola, Why Localism is Bad for Business: Land Use Regulation of the Cannabis Industry, 17 N.Y.U. J. L. & Bus. 267 (2021)Clicking on the button will copy the full recommended citation.
This Article provides a survey of land use restrictions related to cannabis dispensaries and examines how localities have used such restrictions to control where this new land use can locate. Several of these zoning ordinances have been challenged in court as preempted by state or federal law, and this Article examines a few of these cases. The Article considers both policy and legal arguments against the regulation of cannabis dispensaries by local governments, setting forth the legal argument that zoning ordinances that ban, or substantially restrict, activities or operations related to cannabis may, in certain circumstances, constitute an improper application of a locality’s delegated zoning power. This Article also highlights localism in the context of women’s reproductive rights as an important case study in the importance of having state statutes that expressly preempt local government action related to potentially locally unwanted land uses.