Town of Foxborough, MA
Norfolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Meeting of the Town of Foxborough 3-7-2011 STM by Art. 9 (Art. V, § 1, of the General Bylaws). Amendments noted where applicable.]
No person shall smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in MGL c. 94C, § 1, as amended) while in or upon any public place, including, but not limited to, any public street, public sidewalk, public way, public footway, public passageway, public stairs, public bridge, public park, public playground, public beach, public recreation area, public boat landing, public building, public school building, public school grounds, public cemetery, public parking lot; or in or upon any area owned by or under the control of the Town of Foxborough, or any place to which the public has a right of access as invitees or licensees.
[Amended 12-4-2017 STM by Art. 12]
Any marijuana or tetrahydrocannabinol of any kind, including for medical purposes, smoked, ingested, or otherwise used or consumed in violation of this bylaw shall be seized, held, and disposed of in accordance with MGL c. 94C, § 47A.
Whoever is found in violation of this bylaw shall, when requested by an official authorized to enforce this bylaw, state his true name and address to said official.
This bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, enforcement by criminal indictment or complaint pursuant to MGL c. 40, § 21, or by noncriminal disposition pursuant to MGL c. 40, § 21D, by the Board of Selectmen or the Town Manager, or any duly authorized agent of the Board of Selectmen or the Town Manager, or any police officer as enforcing persons.
[Amended 12-4-2017 STM by Art. 12]
The fine for a violation of this bylaw shall be $300 for each offense. A penalty imposed under this bylaw shall be in addition to any civil penalty imposed under MGL c. 94C, § 32L.
If any provision of this bylaw is determined to be invalid or unenforceable by final judgment or order of a court of competent jurisdiction, the remaining provisions shall continue in effect to the extent permitted by law.
[Added 5-8-2017 ATM by Art. 24]
The operation of any commercial or recreational marijuana establishment, as defined in MGL c. 94G, § 1, including, without limitation, a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business within the Town is prohibited. This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012.