Statement of purpose. The citizens of Massachusetts voted in November of 2012 to declare there should be no punishment under state law for qualifying patients and health care professionals, personal caregivers for patients or registered marijuana dispensary agents for the medical use of marijuana.
The Town of Weymouth aims to abide by the aim of this state law (105 CMR 725.000) and ensure that registered marijuana dispensaries abide by further regulations to ensure the public health and public safety of our residents.
Now, therefore, it is the intention of the Town of Weymouth to regulate the sale of medical marijuana.
Authority. This section is promulgated pursuant to the authority granted to the Weymouth Board of Licensing Commissioners in Chapter 9 of the Town Ordinances.
Definitions. For the purpose of this section, the following words shall have the following meanings. Terms not herein defined shall be used as defined in 105 CMR 725.000.
- BOARD OF LICENSING COMMISSIONERS
- The five-member board established pursuant to § 3-215 of the Weymouth Code of Ordinances.
- BUSINESS AGENT
- An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment.
- CARD HOLDER
- A registered qualifying patient, a personal caregiver, or a dispensary agent of a registered marijuana dispensary who has been issued and possesses a valid registration card by the Massachusetts Department of Public Health.
- DISPENSARY AGENT
- A board member, director, employee, executive, manager, or volunteer of a registered marijuana dispensary, who is at least 21 years of age and who has received approval from the state under 105 CMR 725.030. "Employee" includes a consultant or contractor who provides on-site services to a registered marijuana dispensary related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of marijuana.
- Any individual who performs services for an employer.
- Any individual, partnership, association, corporation, trust or other organized group of individuals that uses the services of one or more employees.
- HARDSHIP CULTIVATION REGISTRATION
- A registration issued to a registered qualifying patient under the requirements of 105 CMR 725.035.
- LICENSE HOLDER
- Any person engaged in the sale of marijuana who applies for and receives a license or any person who is required to apply for a license pursuant to this section, or his or her business agent.
- LICENSE TO OPERATE A REGISTERED MARIJUANA DISPENSARY (hereafter referred to as "LICENSE")
- A license issued by the Board of Licensing Commissioners, to be renewed annually, that permits a registered marijuana dispensary to operate in the Town of Weymouth.
- All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. The term also includes marijuana-infused products (MIPs) except where the context clearly indicates otherwise.
- MARIJUANA-INFUSED PRODUCT (MIP)
- A product infused with marijuana that is intended for use or consumption, including but not limited to edible products, ointments, aerosols, oils, and tinctures. These products, when created or sold by a registered marijuana dispensary, shall not be considered a food or a drug as defined in MGL c. 94, § 1.
- "Drug paraphernalia" as defined in MGL c. 94C, § 1.
- PERSONAL CAREGIVER
- A person, registered by the Massachusetts Department of Public Health, who is at least 21 years old, who has agreed to assist with a registered's medical use of marijuana, and is not the registered qualifying patient's certifying physician. An employee of a hospice provider, nursing, or medical facility or a visiting nurse, personal care attendant, or home health aide providing care to a qualifying patient may serve as a personal caregiver, including to patients under 18 years of age as a second caregiver.
- QUALIFYING PATIENT
- A Massachusetts resident 18 years of age or older who has been diagnosed by a Massachusetts licensed certifying physician as having a debilitating medical condition, or a Massachusetts resident under 18 years of age who has been diagnosed by two Massachusetts licensed certifying physicians, at least one of whom is a board-certified pediatrician or board-certified pediatric subspecialist, as having a debilitating medical condition that is also a life-limiting illness, subject to 105 CMR 725.010(J).
- REGISTERED MARIJUANA DISPENSARY (RMD)
- A not-for-profit entity registered under 105 CMR 725.100 that acquires, cultivates, possesses, processes (including development of related products such as edible MIPs, 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 Ns. Unless otherwise specified, "registered marijuana dispensary" refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
- REGISTRATION CARD
- An identification card issued by the Department, valid for one year from the date of issue, to a registered qualifying patient, personal caregiver, or dispensary agent. The registration card verifies either that a certifying physician has provided a written certification to the qualifying patient and the patient has been registered with the Department; that a patient has designated the individual as a personal caregiver; that a patient has been granted a hardship cultivation registration; or that a dispensary agent has been registered with the Department and is authorized to work at a registered marijuana dispensary. The registration card allows access into appropriate elements of a Department-supported, interoperable database in which detailed information regarding certifications and possession criteria are stored. The registration card identifies for the Department and law enforcement authorities, those individuals who are exempt from Massachusetts criminal and civil penalties for the medical use of marijuana in compliance with 105 CMR 725.000 and MGL c. 369.
- SELF-SERVICE DISPLAY
- Any display from which customers may select a marijuana product without assistance from a dispensary agent or store personnel.
- SIXTY-DAY SUPPLY
- That amount of marijuana, or equivalent amount of marijuana in MIPs, that a registered qualifying patient would reasonably be expected to need over a period of 60 calendar days for his or her personal medical use, which is 10 ounces, subject to 105 CMR 725.010(I).
- The lighting of a cigar, cigarette, pipe or other tobacco product or possessing a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product designed to be combusted and inhaled.
- WRITTEN CERTIFICATION
- A form submitted to the Department by a Massachusetts licensed certifying physician, describing the qualifying patient's pertinent symptoms, specifying the patient's debilitating medical condition, and stating that in the physician's professional opinion the potential benefits of the medical use of marijuana would likely outweigh the health risks for the patient.
License to operate a registered marijuana dispensary (RMD).
No person shall sell or otherwise distribute marijuana or marijuana products within the Town of Weymouth without first obtaining a license to operate a registered marijuana dispensary issued annually by the Board of Licensing Commissioners. Only RMDs with a permanent, nonmobile location in Weymouth, meeting zoning restrictions, are eligible to apply for a license to maintain a supply of marijuana or marijuana products at the specified location in Weymouth.
As part of the license application process, the applicant will submit the detailed summary of operating policies and procedures for the RMD as submitted with its Phase II application per 105 CMR 725.100, including, but not limited to, provisions for security, prevention of diversion, storage of marijuana, transportation of marijuana, inventory procedures, procedures for quality control and testing of product for potential contaminants, procedures for maintaining confidentiality as required by law, personnel policies, dispensing procedures, recordkeeping procedures, plans for patient education, and any plans for patient or personal caregiver home delivery.
As part of the license application process, the applicant will be provided with this section. Each applicant is required to sign a statement declaring that the applicant has read this section and that the applicant is responsible for instructing any and all dispensary agents who will be responsible for sales.
Each applicant is required to provide proof of a current RMD registration, issued by the Commonwealth of Massachusetts, before a license can be issued.
As a condition of license issuance, the RMD agrees to provide to the Town of Weymouth a copy of its certificate of registration issued by the Massachusetts Department of Public Health (DPH), annual renewals thereafter, any changes to the business as described in 105 CMR 725.100(F) and current written operating procedures required in 105 CMR 725.105.
The term of the license shall be annual and, regardless of when applied for, will expire on December 31 of each year.
There will be an initial application fee and an annual RMD license fee. The fees shall be set in accordance with Weymouth Code of Ordinances § 5-305 after review and consent of the Mayor.
At any given time, there shall be no more than one RMD license issued in Weymouth.
License holders agree that the RMD will comply with the standard operating hours of 7:00 a.m. to 7:00 p.m. and is subject to review by the Board of Licensing Commissioners.
A separate license is required for each retail establishment selling marijuana and/or marijuana products and for each location, not being the same address as the retail establishment, where the RMD is approved by the state to cultivate marijuana or prepare MIPs.
The RMD license shall be displayed in a conspicuous place.
A license is nontransferable. A new owner of a registered marijuana dispensary must apply for a new license. No new license will be issued unless and until all outstanding penalties incurred by the previous license holder are satisfied in full.
RMDs are prohibited from selling alcohol, tobacco products and/or nicotine delivery products and alcohol.
No applicant is permitted to be a Massachusetts lottery dealer.
Issuance of and maintaining a license shall be conditioned on an applicant's consent to unannounced, periodic inspections of the licensed establishment to ensure compliance with this section and 105 CMR 725.000. Inspections may be performed by the Weymouth Police Department, Weymouth Health Department or other Weymouth departments deemed necessary.
Issuance of and maintaining a license shall be conditioned on an applicant's ongoing compliance with current Commonwealth of Massachusetts requirements and policies regarding marijuana sales.
RMDs must fully comply with all security requirements under 105 CMR 725.110, including, but not limited to:
Allow only registered qualifying patients, personal caregivers, dispensary agents or approved vendors to enter the premises.
Keep all locks and security equipment in good working order.
Ensure the outside perimeter of the RMD is sufficiently lit to facilitate surveillance.
"DO NOT ENTER" signage at all limited-access areas.
Duress alarm, panic alarm or holdup alarm connected to local public safety authorities.
Twenty-four-hour video surveillance with recording inside the RMD, at all points of entry and in the parking lot. All surveillance equipment must be commercial-grade and able to operate during power outages.
No license holder shall allow any dispensary agent to sell marijuana or marijuana products until such dispensary agent reads this section regarding the sale of marijuana and signs a statement, a copy of which will be placed on file in the office of the license holder and on file at the Weymouth Office of Licensing and Inspections.
Dispensary agents must present their registration card to any law enforcement official or municipal agent who questions the agent concerning their marijuana-related activities.
A license will not be renewed if the license holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or has not satisfied any outstanding license suspensions.
Marijuana sales by registered marijuana dispensaries.
No person shall sell marijuana from any location other than an RMD that possesses a valid license.
RMDs shall only permit dispensary agents to transport marijuana or MIPs on their behalf, whether between dispensaries, dispensary sites, or to registered qualifying patients or personal caregivers, and shall follow Massachusetts Department of Public Health guidelines found in 105 CMR 725.110(E).
Licensed RMDs must deliver medical marijuana and medial marijuana infused products to any and all cardholders within the borders of the Town of Weymouth.
Registered marijuana dispensaries shall permit entry to the registered marijuana dispensary, to specifically engage in activity expressly or by necessary implication permitted by MGL c. 369 and 105 CMR 725.000, to only registered qualifying patients, personal caregivers, dispensary agents, persons authorized by 105 CMR 725.105(P) and, subject to the requirements of 105 CMR 725.110(C)(4), outside vendors, contractors and visitors.
Registered marijuana dispensaries shall limit entry to their "limited-access areas" to dispensary agents and outside vendors, contractors and visitors meeting the requirements found at 105 CMR 725.110(C).
Dispensary agents shall verify the registration card of the card holder by means of a valid government-issued photographic identification. No separate identification is required for valid registration cards bearing a photograph of the holder.
All retail sales of marijuana must be face-to-face between the dispensary agent and the card holder and occur at the licensed location.
No person shall distribute, or cause to be distributed, any free samples of marijuana or marijuana products.
Registered marijuana dispensaries are prohibited from using self-service displays, vending machines or nonresidential "roll-your-own" machines.
The owner or other person in charge of a registered marijuana dispensary shall conspicuously post signage at all entrances indicating that the entry to persons not possessing a valid registration card is prohibited. The notice shall be no smaller than 8.5 inches by 11 inches and shall be posted conspicuously in the retail establishment or other place in such a manner so that it may be readily seen by a person approaching the registered marijuana dispensary.
Prior to any dispensary agent being allowed to work at a licensed RMD in Weymouth, the owner or business agent must submit to the Board of Licensing Commissioners a copy of the dispensary agent's registration card issued by the Department of Public Health.
The RMD must notify the Board of Licensing Commissioners no more than one business day after a dispensary agent ceases to be associated with the RMD.
Registration card holders.
A qualifying patient, personal caregiver or a dispensary agent must carry his or her registration card at all times while in possession of marijuana.
A registered qualifying patient with a hardship cultivation registration, or his or her personal caregiver(s), must abide by the provisions of 105 CMR 725.035.
Marijuana sales by individuals prohibited.
The sale of marijuana by any person outside of a registered marijuana dispensary, including card holders and dispensary agent permit holders, is prohibited and shall be punishable in accordance with all applicable state and local laws.
The use of marijuana by persons who are not card holders, including personal caregivers who are card holders, shall be punishable in accordance with applicable state and local laws.
A card holder must present his or her registration card to any law enforcement official who questions the patient or caregiver regarding use of marijuana.
A card holder must not possess an amount of marijuana that exceeds his/her sixty-day supply.
Growing marijuana is prohibited except for those possessing a valid hardship cultivation registration issued by the Commonwealth of Massachusetts.
The smoking of any marijuana is prohibited in locations governed by the Massachusetts Smoke-Free Workplace Law (MGL c. 270, § 22) and by any Weymouth regulations, ordinances or policies that further ban smoking.
The use of marijuana by all persons, including card holders, is prohibited in public schools, on public school grounds and on public school buses, with the exception of emergency shelter operations in Town schools and buildings. During shelter events, marijuana will be treated as any other medicine and be kept in a secure location and made available to the card holder as needed. Marijuana should be used outdoors unless the card holder/occupant of the shelter is not mobile.
It shall be the responsibility of the license holder, his or her business agent to ensure compliance with all sections of this section pertaining to his or her distribution of marijuana and/or marijuana products. The violator may receive:
In the case of a first violation, a fine of $300.
In the case of a second violation within 24 months of the date of the current violation, a fine of $300 and the license shall be suspended for seven consecutive business days.
In the case of three or more violations within a twenty-four-month period, a fine of $300 and the license or permit shall be suspended for 30 consecutive business days.
Refusal to cooperate with inspections pursuant to this section shall result in the suspension of the license to operate for 30 consecutive business days.
In addition to the monetary fines set above, any license holder or permit holder who engages in the sale or distribution of marijuana or marijuana products while his or her license or permit is suspended shall be subject to the suspension or revocation of all Weymouth-issued permits and licenses.
The Board of Licensing Commissioners shall provide notice of the intent to suspend a license, which notice shall contain the reasons therefor and establish a time and date for a hearing, which date shall be no earlier than seven days after the date of said notice. The license holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Town of Weymouth's decision and the reasons therefor in writing. After a hearing, the Board of Licensing Commissioners shall suspend the license if it finds that a violation of this section or 105 CMR 725.000 occurred. For purposes of such suspensions, the Board of Licensing Commissioners shall make the determination notwithstanding any separate criminal or noncriminal proceedings brought in court hereunder or under the Massachusetts General Laws for the same offense. All marijuana and marijuana products shall be removed from the retail establishment upon suspension of the license. Failure to remove all marijuana and marijuana products shall constitute a separate violation of this section.
Whoever violates any provision of this section may be penalized by the noncriminal method of disposition as provided in MGL c. 40, § 21D, or by filing a criminal complaint at the appropriate venue.
Each day a violation exists shall be deemed to be a separate offense.
Enforcement of this section shall be by the Board of Licensing Commissioners, Weymouth Police Department, Weymouth Health Department or any other agents of the Town of Weymouth.
Any resident who desires to register a complaint pursuant to this section may do so by contacting the Board of Licensing Commissioners or its designated agent(s) and they shall investigate.
Severability. If any provision of this section is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
Effective date. This section shall take effect August 6, 2014.