[Added 3-4-2013 by Ord.
No. 13-011]
The Massachusetts Medical Marijuana Initiative, also known as
"Ballot Question Three," was approved by voters at the Massachusetts
State election on November 6, 2012. The law regulates the cultivation,
distribution, possession, and use of marijuana for medical purposes.
The law is effective on January 1, 2013, and the State Department
of Public Health is directed to promulgate regulations regarding implementation
of the law within 120 days after the law's effective date.
Under the current Zoning Ordinance, a medical marijuana treatment
center is not defined and is not a permitted use in the Town. The
Department of Public Health regulations should provide guidance to
communities regulating medical marijuana treatment centers at the
local level. As this is a new type of land use in the state, there
will be unique and new aspects to the use that could require oversight
and regulations. These local impacts, which could be legal, land use,
public safety, and public health, should be evaluated and addressed
in a comprehensive manner in the Zoning Ordinance prior to the permitting
of a medical marijuana treatment center. The moratorium, of a finite
duration, will allow the Town to carefully study the potential impacts,
both primary and secondary, of such centers and, through a directed
planning process, recommend zoning ordinance amendments to address
the Town's concerns in the context of the Master Plan and other Town
planning goals and objectives.
As used in this article, the following terms shall have the
meanings indicated:
A not-for-profit entity, as defined by Massachusetts law
only, registered by the Department of Public Health, that acquires,
cultivates, possesses, processes (including development of related
products such as food, tinctures, aerosols, oil or ointments), transfers,
transports, sells, distributes, dispenses, or administers marijuana,
products containing marijuana, related supplies, or educational materials
to qualifying patients or their personal caregivers.
A.
No building permit, special permit, variance, site plan or other
permit may be issued under this zoning ordinance, and no use of land
or structures shall be allowed for the purpose of establishing a medical
marijuana treatment center or associated activities.
B.
The moratorium shall be in effect through and including May 1, 2014,
or until such time as zoning amendments are adopted that address medical
marijuana treatment centers and associated activities, whichever shall
be sooner.
This article shall be effective in all zoning districts in the
Town, including overlay districts.
