Richard Vetstein reports [2] a number of communities are exploring their options for keeping pot purveyors out now that voters have approved that ballot question that calls for up to 35 of the dispensaries.
The legal issues surrounding municipal zoning and siting of medical marijuana dispensaries will likely follow similar cases involving methadone clinics, alcohol treatment centers/sober houses and even adult entertainment venues — all uses which are legal, yet subject to fairly strict zoning governance. Additionally, treatment centers could seek protection from the Americans With Disabilities Act and other disability laws which protect cancer, HIV, glaucoma and other qualified patients who are entitled to receive medical marijuana.