The New Localism and Marijuana Law: Land Use Entitlements Black-Ops Vigilance

48 (1) Real Estate Rev. 17 (Summer, 2019)

8 Pages Posted: 22 Aug 2018 Last revised: 29 Aug 2019

See all articles by Michael N. Widener

Michael N. Widener

Bonnett, Fairbourn, Friedman & Balint; Embry-Riddle Aeronautical University

Date Written: July 10, 2018


This essay first describes how New Localism impacts local governments' authority in the planning and zoning realm. The paper's second section deals with vigilance required on the part of local government units' administrations. Vigilance is needed to ensure their citizenries keep faith in community zoning processes. This is possible, among other methods, by requiring disclosures of interests and financial support sources from all parties engaged in adversarial zoning adjustment processes as advocates or lobbyists and by educating adjudicators about the permissible scope of contact with stakeholders in these disputes. Other techniques, such as enhanced fact-finding, also are discussed.

Keywords: marijuana business, cannabis business, local government administration, lobbying, lobbyists, city zoning, city land use, county zoning, county land use, New Localism, spatial regulation, administrative adjudications

JEL Classification: K11, K23, R11, R14, R52

Suggested Citation

Widener, Michael N., The New Localism and Marijuana Law: Land Use Entitlements Black-Ops Vigilance (July 10, 2018). 48 (1) Real Estate Rev. 17 (Summer, 2019). Available at SSRN: or

Michael N. Widener (Contact Author)

Bonnett, Fairbourn, Friedman & Balint ( email )

2325 East Camelback Road
Suite 300
Phoenix, AZ 85016
United States

Embry-Riddle Aeronautical University ( email )

Prescott, AZ 86301
United States

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