[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
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:
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.
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.
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.
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.
Has the same meaning as "medical marijuana treatment center."
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:
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.
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.
