Malden, MA Loses Lawsuit Over Restrictive Cannabis Zoning

City's attempt to limit cannabis shops near homes, schools, and other sites ruled unconstitutional.

Published on Feb. 9, 2026

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Malden, Massachusetts lost a lawsuit over its zoning rules that severely restricted where cannabis businesses could operate in the city. The city had established buffer zones of 75 to 500 feet around homes, schools, day cares, religious facilities, parks, and drug treatment centers where cannabis sales were forbidden. However, an engineer testified that this left only 55 of the city's 13,454 parcels eligible for cannabis businesses, effectively making it impossible for them to open in Malden.

Why it matters

The court ruling is a setback for Malden's efforts to limit the spread of cannabis businesses, which some city officials viewed as undesirable. The decision affirms that municipalities cannot use zoning to create de facto bans on legal cannabis sales, even if the stated intent is to protect certain community assets.

The details

Malden's zoning bylaw established buffer zones of varying sizes around residential areas, schools, day cares, religious facilities, parks, and drug treatment centers where cannabis businesses were prohibited. An engineer testified that this left only 55 out of 13,454 total parcels in the city eligible for cannabis sales, effectively making it impossible for any businesses to open legally.

  • The zoning bylaw was enacted in 2025.
  • The lawsuit was filed in early 2026.
  • The court ruled against Malden's zoning in February 2026.

The players

Malden, Massachusetts

A city north of Boston that attempted to use zoning rules to severely restrict where cannabis businesses could operate.

Cannabis business applicants

Parties who challenged Malden's restrictive zoning in court and prevailed.

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What they’re saying

“Malden's zoning rules made it nearly impossible for a cannabis business to open in the city.”

— Engineer (Marijuana Retail Report)

What’s next

The court ruling means Malden will have to revise its zoning laws to allow for more viable cannabis business locations in the city.

The takeaway

This case highlights how municipalities cannot use zoning as a backdoor method to effectively ban legal cannabis sales, even if the stated intent is to protect certain community assets. The court affirmed that such restrictive zoning violates constitutional rights.