(a)
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.
(b)
Authority. This section is promulgated pursuant to the authority granted to the Weymouth Board of Licensing Commissioners in Chapter 9 of the Town Ordinances.
(c)
BOARD OF LICENSING COMMISSIONERS
BUSINESS AGENT
CARD HOLDER
DISPENSARY AGENT
EMPLOYEE
EMPLOYER
HARDSHIP CULTIVATION REGISTRATION
LICENSE HOLDER
LICENSE TO OPERATE A REGISTERED MARIJUANA DISPENSARY (hereafter
referred to as "LICENSE")
MARIJUANA
MARIJUANA-INFUSED PRODUCT (MIP)
PARAPHERNALIA
PERSONAL CAREGIVER
QUALIFYING PATIENT
REGISTERED MARIJUANA DISPENSARY (RMD)
REGISTRATION CARD
SELF-SERVICE DISPLAY
SIXTY-DAY SUPPLY
SMOKING
WRITTEN CERTIFICATION
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.
The five-member board established pursuant to § 3-215 of the Weymouth Code of Ordinances.
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.
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.
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.
A registration issued to a registered qualifying patient
under the requirements of 105 CMR 725.035.
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.
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.
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.
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.
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).
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.
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.
Any display from which customers may select a marijuana product
without assistance from a dispensary agent or store personnel.
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.
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.
(d)
License to operate a registered marijuana dispensary (RMD).
1.
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.
2.
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.
3.
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.
4.
Each applicant is required to provide proof of a current RMD registration,
issued by the Commonwealth of Massachusetts, before a license can
be issued.
5.
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.
6.
The term of the license shall be annual and, regardless of when applied
for, will expire on December 31 of each year.
7.
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.
8.
At any given time, there shall be no more than one RMD license issued
in Weymouth.
9.
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.
10.
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.
11.
The RMD license shall be displayed in a conspicuous place.
12.
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.
13.
RMDs are prohibited from selling alcohol, tobacco products and/or
nicotine delivery products and alcohol.
14.
No applicant is permitted to be a Massachusetts lottery dealer.
15.
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.
16.
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.
17.
RMDs must fully comply with all security requirements under 105 CMR
725.110, including, but not limited to:
a.
Allow only registered qualifying patients, personal caregivers,
dispensary agents or approved vendors to enter the premises.
b.
Keep all locks and security equipment in good working order.
c.
Ensure the outside perimeter of the RMD is sufficiently lit
to facilitate surveillance.
d.
"DO NOT ENTER" signage at all limited-access areas.
e.
Duress alarm, panic alarm or holdup alarm connected to local
public safety authorities.
f.
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.
18.
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.
19.
Dispensary agents must present their registration card to any law
enforcement official or municipal agent who questions the agent concerning
their marijuana-related activities.
20.
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.
(e)
Marijuana sales by registered marijuana dispensaries.
1.
No person shall sell marijuana from any location other than an RMD
that possesses a valid license.
2.
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).
3.
Licensed RMDs must deliver medical marijuana and medial marijuana
infused products to any and all cardholders within the borders of
the Town of Weymouth.
4.
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.
5.
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).
6.
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.
7.
All retail sales of marijuana must be face-to-face between the dispensary
agent and the card holder and occur at the licensed location.
8.
No person shall distribute, or cause to be distributed, any free
samples of marijuana or marijuana products.
9.
Registered marijuana dispensaries are prohibited from using self-service
displays, vending machines or nonresidential "roll-your-own" machines.
10.
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.
(f)
Dispensary agents.
1.
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.
2.
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.
(g)
Registration card holders.
1.
A qualifying patient, personal caregiver or a dispensary agent must
carry his or her registration card at all times while in possession
of marijuana.
2.
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.
(h)
Marijuana sales by individuals prohibited.
1.
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.
2.
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.
(i)
Marijuana possession.
1.
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.
2.
A card holder must not possess an amount of marijuana that exceeds
his/her sixty-day supply.
3.
Growing marijuana is prohibited except for those possessing a valid
hardship cultivation registration issued by the Commonwealth of Massachusetts.
(j)
Marijuana use.
1.
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.
2.
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.
(k)
Violations.
License holder.
1.
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:
a.
In the case of a first violation, a fine of $300.
b.
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.
c.
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.
2.
Refusal to cooperate with inspections pursuant to this section shall
result in the suspension of the license to operate for 30 consecutive
business days.
3.
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.
4.
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.
Qualifying patients or personal caregivers.
| |||
1.
|
A qualifying patient or personal caregiver who violates Subsections
(i) and (j) of this section shall be subject to a penalty of:
| ||
a.
|
First offense: $100 for each violation.
| ||
b.
|
Second offense: $200 for each violation.
| ||
c.
|
Third offense: $300 for each violation.
|
(l)
Noncriminal disposition.
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.
(m)
Enforcement.
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.
(n)
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.
(o)
Effective date. This section shall take effect August 6, 2014.
[Added 3-19-2018 by Ord. No. 18-002]
Consistent with MGL c. 94G, § 3(a)(2)(i), all types
of non-medical "marijuana establishments" as defined in MGL c. 94G, § 1,
including all marijuana cultivators, marijuana testing facilities,
marijuana product manufacturers, marijuana retailers or any other
type of licensed marijuana-related businesses, shall be prohibited.