Town of Millville, MA Use Regulations

These provisions are enacted pursuant to General Laws, Chapter 40A, § 5, and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution. It is recognized that the nature of the substance cultivated, processed, and/or sold by marijuana establishments may have objectionable operational characteristics and should be located in such a way as to ensure the health, safety, and general well-being of the Millville residents, the general public, patients seeking treatment, and customers seeking to purchase marijuana for recreational use. The Medical Marijuana and Marijuana Establishments Bylaw is therefore necessary to advance these purposes.

MARIJUANA PRODUCT MANUFACTURER

Subject to the provisions of this Zoning Bylaw, Chapter 40A of the Massachusetts General Laws, 105 CMR 725.000, and MGL Chapter 94G, marijuana establishments will be permitted to provide medical support, security, and physician oversight that meet or exceed state regulation as established by the Massachusetts Department of Health (DPH) and to provide retail sales of marijuana for nonmedical use in a manner that meets or exceeds state regulations.

[Amended 5-8-2023 ATM by Art. 20]

Definitions. Any term not specifically defined herein shall have the meaning as defined in MGL c.94G, § 1, and the Cannabis Control Commission Regulations 935 CMR 500.00 governing adult use marijuana.

MARIJUANA CULTIVATOR

An entity licensed to cultivate, process, and package marijuana, to deliver marijuana to marijuana establishments, and to transfer marijuana to other marijuana establishments, but not to consumers.

MARIJUANA ESTABLISHMENT

A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailers, or any other type of licensed marijuana-related businesses.

An entity licensed to obtain, manufacture, process, and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments, and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.

MARIJUANA PRODUCTS

Products that have been manufactured and contain marijuana or an extract of marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use of consumption, including without limitation edible products, beverages, topical products, ointments, oils, and tinctures.

OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD)

A registered marijuana dispensary that is located off-site from the cultivation/processing facility (and controlled and operated by the same registered and approved entity which operates an affiliated RMD) but which serves only to dispense the processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with provisions of 105 CMR 725.000 and/or MGL c.94I.

REGISTERED MARIJUANA DISPENSARY (RMD)

A use operated by an entity registered and approved by the MA Department of Public Health in accordance with 105 CMR 725.00 and/or the Cannabis Control Commission (CCC) in accordance with MGL c.94I, and pursuant to all other applicable state laws and regulations, also to be known as a medical marijuana treatment center, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. An RMD shall explicitly include facilities which cultivate and process marijuana and related products. The cultivation and processing of medical marijuana in accordance with these regulations is considered to be a manufacturing use and is not agriculturally exempt from zoning.

[Amended 5-8-2023 ATM by Art. 20]

RECREATIONAL MARIJUANA RETAILER (RMR)

An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell, or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.

Application requirements. A special permit may be granted by the Planning Board for medical marijuana and/or a marijuana establishment if an application containing the following is submitted for consideration by public hearing process:

The name and address of each owner of the facility/operation;

Copies of all documentation demonstrating appropriate application status under state law, or registration or license, issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;

Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;

A copy of a host community agreement approved by the Board of Selectmen in accordance with MGL c.94G, § 3(d).

(5)

A notarized statement signed by the organization's Chief Executive Officer and corporate attorney (if any) disclosing all of its designated representatives, including officers and directors, shareholders, partners, members, managers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all individual persons associated with the entity as set forth above;

(6)

In addition to what is normally required in a site plan pursuant to Article X, § 100-1001, details showing all exterior proposed security measures for the premises, including lighting, fencing, gates, and alarms, etc., which seek to ensure the safety of employees and patrons and to protect the premises from theft or other criminal activity.

Use regulations. The following regulations shall apply to uses under this section:

No marijuana shall be smoked, eaten, or otherwise consumed or ingested on the premises, unless done so pursuant to an on-premises consumption establishment approved by the voters and licensed by the CCC pursuant to MGL c.94G, § 3(b) ;

The hours of operation shall be set by the special permit granting authority, but in no event shall a facility be open to the public, nor shall any sale or other distribution of marijuana occur upon the premises or via delivery from the premises between the hours of 8:00 p.m. and 8:00 a.m. The special permit granting authority shall be the Planning Board;

Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana establishment is located. No outside storage is permitted;

All business signage shall be subject to the requirements promulgated by the Massachusetts Cannabis Control Commission and the requirements of Article V, § 100-501, of the Millville Zoning Bylaw.

Locational and physical requirements.

All aspects of a Marijuana Establishment, RMD, OMMD, or RMR relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.

No outside storage of marijuana, related supplies, or education materials is permitted.

Ventilation all facilities shall be ventilated in such a manner that:

(a)

No pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere; and

(b)

No odor from marijuana or its processing can be detected by a person with an unimpaired or otherwise normal sense of smell at the exterior of the marijuana establishments, RMD, OMMD facility or RMR.

Restrictions and prohibitions. The proposed uses shall not be located within 750 feet of the following, as measured from the building and/or area actively used:

A building containing another marijuana establishment, RMD, OMMD, or RMR except for facilities that are owned or leased by the same operator; or

A public or private elementary school, middle school, secondary school, preparatory school, licensed day-care center, or any other facility in which children commonly congregate in an organized ongoing formal basis; or

A public library; or

A playground or park.

Signage. The proposed use shall not display on-premises signage or other marketing on the exterior of the building or in any manner visible from the public way, which, in the opinion of the special permit granting authority, may promote or encourage the use of marijuana or other drugs by minors.

Findings. In addition to the findings required under Article VI, § 100-606, and all other applicable sections of this Bylaw, the special permit granting authority shall find that the proposed use:

Meets all of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will as proposed be in compliance with all applicable state laws and regulations;

If the proposed use is a registered marijuana dispensary (RMD) or an off-site medical marijuana dispensary (OMMD), complies with 105 CMR 725.00 and approved regulations of the Massachusetts Department of Public Health;

Will provide copies of registrations and licenses and a copy of a signed host agreement issued by the Board of Selectmen with the Town of Millville, in accordance with MGL c. 94G and subsequent regulations, to the Building Commissioner prior to the issuance of a certificate of occupancy;

Is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest;

(5)

Provides a secure waiting area;

(6)

Provide adequate security measures to ensure that no individual participant will post a direct threat to the health or safety of other individuals, and that the storage and/or location of cultivation of marijuana is adequately secured in enclosed, locked facilities;

(7)

Will provide an energy use plan to the Planning Board to demonstrate best practices for energy conservation and ensure there are no undue impacts on the natural environment. To this end, will also provide an electrical system overview, proposed energy demand and proposed electrical demand off-sets and proposed water system and utility demand;

(8)

Adequately addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.

Limitation on number of RMRs. The number of marijuana retailers (RMRs) licenses that shall be permitted in the Town of Millville is limited to two for retail recreational sales and medical marijuana dispensaries; this limit does not apply to other marijuana establishments, as cited in this bylaw, which is greater than 20% of the number of off-premises alcoholic beverage licenses issued by the Town.

[Amended 11-28-2018 STM by Art. 6]

Transfer or discontinuance of use.

A special permit granted under this section is nontransferable and shall have a term limited to the duration of the applicant's ownership or leasing of the premises as a marijuana establishment, RMD, OMMD, or RMR.

Those granted special permits by the Millville Planning Board must adhere to all licensing requirements concurrent with the Cannabis Control Commission Regulations 935 CMR 500.450, Marijuana Establishment License: Grounds for Denial of Renewal Applications, Suspension and Revocation.