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Re: ghostbuster post# 137297

Sunday, 08/31/2014 1:52:05 PM

Sunday, August 31, 2014 1:52:05 PM

Post# of 194796
Ok I see what you're getting at. I think we've been having a miscommunication then. What I mean is that drug law does not apply differently in different parts of the country. A distributor can get a license to grow in any part of the country. Zoning requirements are a different thing; they don't speak to the legality of growing marijuana commercially. If a company holds a license to grow commercially, they can grow commercially anywhere in the country as it is federal law that governs this. Commercial zoning is within the municipality's jurisdiction, but it's not specifically directed at marijuana operations. I would go further and contend that Richmond's council acted ultra vires their jurisdiction by unilaterally banning commercial marijuana operations. If you look at ss. 38-40 of the MMPR, you'll see that local approval is NOT needed in the licensing process, just notice to local authorities. The question of zoning is within the municipality's jurisdiction - this does not speak to the "legality" of commercial grow operations - this is within the federal government's jurisdiction. Solely targeting one business in zoning decisions, however, may be ultra vires the municipality's jurisdiction and I can see a successful court challenge to this.