Incumbent Landscapes, Disruptive Uses

Abstract

This Article is entirely agnostic with respect to the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. One need not discuss these merits to process what property problems and possibilities might emerge when any of those law-relaxation efforts are enacted. But, as society seems to increasingly tolerate marijuana, we undoubtedly will encounter more pot-related property uses in need of analysis. We will be faced with both legal and political regulatory choices as we attempt to integrate the uses of properties associated with marijuana—for use, growing, cultivation, processing, distribution, dispensing, sale, kitchens (for the preparation of edible products), and business offices - with other competing and coordinating uses of the places where such pot-related properties exist.