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Zoning laws prevent medical marijuana dispensaries from opening

Medical marijuana has been legalized, at least to a certain extent, in many states in the nation, including Ohio. However, some dispensaries are facing onerous laws and regulations that are keeping them from exercising their lawful right to open shop.

For example, a company in Maryland was approved to dispense medical marijuana back in February. However, after an appeal by those who oppose the business there was a sudden change in zoning laws in Anne Arundel County that could stymie the opening of the business to the public. Operating the business requires a variance approval, due to the nearby proximity of residential property areas. However, county rules were amended several months ago prohibiting medical marijuana dispensaries from obtaining these necessary variances.

This company is not alone in its struggles. Other dispensaries in Maryland have encountered problems finding areas that will permit them to operate their business. While preliminary dispensary licenses have been available since December 2016, only one dispensary has been able to start selling medical marijuana to the public. The new regulations mandate that dispensaries must be located at least 1,000 feet away from major roadways, schools and residential areas. Dispensaries argue that these regulations make it impossible to find an appropriate place to open shop.

This serves as a prime example of road blocks dispensaries across the nation are stumbling over in their attempt to establish and open their business. Even though medical marijuana has been made legal in many states, at least to some extent, that doesn't mean it that dispensaries do not face legal issues regarding obtaining permits and finding appropriate places to run their business. When current laws and regulations breach dispensaries' legal rights, it may be time to seek professional legal guidance, so dispensary owners can determine how to proceed.

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The Patton Law firm, LLC

The Patton Law Firm, LLC
33595 Bainbridge Road Suite 200A
Solon, OH 44139-2981

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