You are making a bit of an assumption....
but generally I agree with you. The assumption is just because someone has a legitimate grow in an area doesnt mean it's legal to open up a commercial grow. Try and follow....
Under the rules "caregivers" can pretty much put their grow wherever they wish. So a caregiver may have an operational grow in a community that has "opted-out" or "opted-in".
To get a commercial growers license and open a commercial grow op ones needs to have community approval. That means two things. First, the community has to opt-in to the MMJ program and second it means the grower has to meet all the local community requirements to operate that grow. For many communities distance requirements from schools, parks and places or worship are an important determinant of where they allow grows even after a community has opted-in. At that point, it's all about zoning.
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