COMPASSION CENTER NOT PRESUMED SUBJECT TO CORPORATE FARMING LAW

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April 3, 2018


Request:  Must corporations or limited liability companies that apply with the Department of Health to obtain a license to produce and process medical marijuana comply with the corporate farming law?

Conclusion: Although medical marijuana will be grown using horticultural techniques, there is nothing in the medical marijuana law that requires a compassionate care center to be located on farm or ranch land. It Is possible that a compassion center will be located in an urban or industrial area. The law requires that medical marijuana must be produced in an enclosed, locked facility that does not allow the plants to be visible from the street or other public areas. The corporate farming law does not regulate land use or limit and control commercial and residential development; those purposes are addressed by laws governing local zoning. Interpretations of the corporate farming law should be limited to the purposes of preventing corporate farming and not expanded to address unrelated issues that are resolved under other statutes.

Opinion 2018-L-01

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