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Town of Marion, MA
Plymouth County
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[Added 5-12-2014 ATM by Art. 35]
The purposes of this bylaw are:
A. 
To exercise lawful oversight and regulation of medical marijuana treatment centers (also known as registered marijuana dispensaries), consistent with Chapter 369 of the Acts of 2012,[1] 105 CMR 725 et seq., and the Town's regulatory powers; and
[1]
Editor's Note: See the Appendix to MGL c. 94C, § 1-1 et seq.
B. 
To limit the siting and operation of medical marijuana treatment centers to locations appropriate to such use, and to regulate such use through conditions necessary to protect community safety while ensuring legitimate patient access.
A. 
The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a medical marijuana treatment center under this bylaw.
B. 
No medical marijuana treatment center shall be established except in conformity with this bylaw; with all regulations promulgated by the Board of Health; and with the requirements of 105 CMR 725 et seq.
C. 
Nothing in this bylaw shall be construed to supersede any state or federal laws or regulations governing the sale and distribution of narcotic drugs.
As used in this article, the following terms shall have the meanings indicated:
MARIJUANA
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 from, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. Marijuana 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 an RMD, shall not be considered a food or a drug as defined in MGL c. 94, § 1.
MEDICAL MARIJUANA TREATMENT CENTER
A not-for-profit entity registered under 105 CMR 725.00, to be known as a "registered marijuana dispensary (RMD)," 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 personal caregivers, as those terms are defined under 105 CMR 725.004. Unless otherwise specified, "RMD" refers to the site(s) of dispensing, cultivating, and preparation of marijuana.
MEDICAL USE OF MARIJUANA
The acquisition, cultivation, possession, processing (including development of related products such as tinctures, aerosols, or ointments), transfer, transportation, sale, distribution, dispensing, or administration of marijuana, for the benefit of qualifying patients in the treatment of debilitating medical conditions, or the symptoms thereof, as those terms are defined under 105 CMR 725.004.
REGISTERED MARIJUANA DISPENSARY (RMD)
Has the same meaning as "medical marijuana treatment center."
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
Pursuant to this bylaw shall be the Planning Board.
Medical marijuana treatments centers may be allowed by special permit in the Limited Industrial Zoning District, subject to all requirements of this Zoning Bylaw, the requirements of the Board of Health, and of 105 CMR 725.00 et seq.
The following requirements and conditions shall apply to all medical marijuana treatments centers:
A. 
All medical marijuana treatments centers must obtain a special permit from the permit granting authority, in compliance with all requirements of § 230-7.2 of the Zoning Bylaw, in addition to the particular requirements of § 230-17.6, below.
B. 
All medical marijuana treatments centers must obtain site plan approval from the Planning Board in compliance with all requirements of Article IX of the Zoning Bylaw, pursuant to major site plan review under § 230-9.1C of the Bylaw.
C. 
No special permit shall be issued without demonstration by the applicant of compliance with all applicable state laws and regulations, and with all local regulations.
D. 
No medical marijuana treatment center shall be located within 300 feet of a residential zoning district, or within 500 feet of any lot containing a school, child-care facility, or playground.
E. 
No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a medical marijuana treatment center.
F. 
No products shall be displayed in the facilities' windows or be visible from any street or parking lot.
G. 
Signs for all medical marijuana treatment centers must be approved by the special permit granting authority through site plan review pursuant to Article IX of the Zoning Bylaw, and consistent with the provisions of 105 CMR 725.105(L) ("Marketing and Advertising Requirements").
A medical marijuana treatment center shall be allowed only by special permit in accordance with MGL c. 40A, § 9; with all requirements of § 230-7.2 of the Zoning Bylaw; and with the additional requirements contained in this section (§ 230-17.6), below.
A. 
Uses. A special permit for a medical marijuana treatment center shall be limited to one or more of the following uses:
(1) 
Cultivating marijuana for medical use;
(2) 
Processing and packaging of marijuana for medical use, including marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments and other products; or
(3) 
Retail sale or distribution of marijuana for medical use to qualifying patients, as that term is defined in 105 CMR 725.004.
B. 
Application. In addition to the application requirements set forth in the rules of the special permit granting authority, a special permit application for a medical marijuana treatment center shall include the following:
(1) 
The name and address of each owner of the establishment and property owner;
(2) 
Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the establishment;
(3) 
Evidence of the applicant's right to use the site for the establishment, such as deed, or lease;
(4) 
Proposed security measures for the medical marijuana treatment center demonstrating compliance with all requirements of 105 CMR 725.110, "Security Requirements for Registered Marijuana Dispensaries," including but not limited to secure storage areas, limited-access areas, security measures shall be reviewed and approved by the Police Department. Pursuant to 105 CMR 725.200(C), the above information is confidential and exempt from the provisions of MGL c. 66; as such, it shall not be part of the public record.
(5) 
Proposed operations and maintenance manual for the medical marijuana treatment center demonstrating compliance with all the requirements of 105 CMR 425.110, "Security Requirements for Registered Marijuana Dispensaries," including but not limited to procedures for limiting access to the facility to persons authorized under 105 CMR 725.110(A); and procedures for transport of marijuana and/or MIPs as provided under 105 CMR 725.110(E). Pursuant to 105 CMR 725.2200(C), the above information is confidential and exempt from the provisions of MGL c. 66; as such, it shall not be part of the public record.
C. 
Hours of operation. The hours of operation of a medical marijuana treatment center shall be established by the special permit granting authority.
D. 
Term of special permit. Special permits shall be valid for a period of two years from the effective date of the special permit.
E. 
Transferability of a special permit. Special permits may be transferred only with the approval by the special permit granting authority, in the form of an amendment to the special permit, conditioned upon satisfactory submission of all information required for an original special permit.
F. 
Renewals. A special permit may be renewed for successive two-year periods, provided that a written request for renewal is made to the special permit granting authority not less than three months prior to the expiration of the then-existing term. Any request for renewal of a special permit shall be subject to publication notice requirements as required for an original application for a special permit. Such notice shall state that the renewal request will be granted unless, prior to the expiration of the existing special permit, a written objection, stating the reason for such an objection, is received by the special permit granting authority.
(1) 
If any such objection is received, the special permit granting authority shall hold a public hearing on the renewal request and shall proceed in a manner consistent with the special permit renewal request.
(2) 
The special permit shall remain in effect until the conclusion of the public hearing and decision of the special permit granting authority either granting or denying the special permit renewal request.
(3) 
In granting any renewal, the special permit granting authority may alter or impose additional conditions, and/or may provide for revocation of the special permit if any identified violations of this bylaw or any other applicable regulation are not corrected within a specified time period.
If any provision of this article or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this article, to the extent it can be given effect, or the application of those provisions to the persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this article are severable.