[Added 5-1-2017 ATM by
Art. 27]
At the Massachusetts election held on November 8, 2016, the
voters of the Commonwealth approved a new law which, among other things,
established MGL c. 94G, entitled "Regulation of the Use and Distribution
of Marijuana Not Medically Prescribed." That statute permits "marijuana
establishments" to be licensed by a new Cannabis Control Commission
(the "Commission") throughout Massachusetts for the cultivation, testing,
manufacture and sale of marijuana products. The Commission was initially
to promulgate regulations concerning marijuana establishments by September
15, 2017, which date has been extended to March 15, 2018 by Chapter
351 of the Acts of 2016. The regulation of recreational marijuana
raises many complex questions concerning law, planning and public
safety. The Town cannot adequately address those questions until the
Commission issues its regulations. The purpose of this temporary moratorium
is to provide the Town time for study, reflection and decision concerning
the said regulations and the challenges posed by recreational marijuana.
For the reasons set forth above and notwithstanding any other
provision of the Zoning Bylaws to the contrary, the Town hereby adopts
a temporary moratorium on the use of land or structures for a "marijuana
establishment" as defined in MGL c. 94G, § 1. This moratorium
shall not apply to the sale, distribution or cultivation of marijuana
for medical purposes licensed under Chapter 369 of the Acts of 2012.
The moratorium shall be in effect through June 30, 2018. During the
moratorium period, the Town shall undertake a planning process to
address the potential impacts of recreational marijuana on the Town,
consider the regulations to be issued by the Commission, determine
whether the Town should ban any or all types of marijuana establishments
within the Town, decide whether to prohibit on-site consumption of
marijuana products at marijuana establishments, and otherwise weigh
its options in addressing the issues raised by recreational marijuana.
The provisions of this article are severable. If any provision,
paragraph, subsection, sentence or clause hereof, or the application
thereof to any person, establishment or circumstance, shall be held
invalid or illegal, such invalidity or illegality shall not affect
the other provisions hereof, or the application hereof to other persons,
establishments or circumstances.
