[Added 1-12-2015 by Ord.
No. 33181A]
It is the intent and purpose of this article to protect the
public safety, health, and general welfare of the community from negative
quality of life impacts, including but not limited to increased noise,
offensive odors, and public safety issues (e.g., violent crime), to
discourage the growth of illegal resale markets, and to promote the
protection of minors by regulating the establishment of medical marijuana
treatment centers, and medical marijuana growing cultivation operations
as follows:
(a)
Establish specific zoning standards and regulations for medical marijuana
treatment centers and medical marijuana growing and cultivation operations;
(b)
Protect the public health, safety and welfare of Waltham residents;
(c)
Regulate the siting, design, placement, safety, monitoring, modification,
and removal of medical marijuana treatment centers and medical marijuana
growing and cultivation operations; and
(d)
Minimize the adverse impacts of medical marijuana treatment centers
and medical marijuana growing and cultivation operations on adjacent
properties, residential neighborhoods, schools and other places where
children congregate, local historic districts, and other land uses
potentially incompatible with said facilities.
As used in this article, the following terms shall have the
meanings indicated:
11.21.
DISPENSARY AGENT — A board member, director, employee, executive,
manager, or volunteer of a registered marijuana dispensary (RMD),
who is at least 21 years of age. "Employee" includes a consultant
or contractor who provides on-site services to a RMD related to the
cultivation, harvesting, preparation, packaging, storage, testing,
or dispensing of marijuana.
11.22.
DURESS ALARM — A silent security alarm system signal generated
by the entry of a designated code into an arming station in order
to signal that the alarm user is being forced to turn off the system.
11.23.
EDIBLE MARIJUANA-INFUSED PRODUCTS (edible MIPs) — A marijuana-infused
product (MIP) that is to be consumed by eating or drinking.
11.24.
ENCLOSED, LOCKED AREA — A closet, room, greenhouse, or other
indoor or outdoor area equipped with locks or other security devices,
accessible only to dispensary agents, registered qualifying patients,
or personal caregivers.
11.25.
LIMITED ACCESS AREA — A building, room, or other indoor or
outdoor area on the registered premises of a RMD where marijuana,
MIPs, or marijuana by-products are cultivated, stored, weighed, packaged,
processed, or disposed, under control of a RMD, with access limited
to only those dispensary agents designated by the RMD.
11.26.
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 therefrom, fiber, oil, or cake or the sterilized
seed of the plant which is incapable of germination. The term also
includes MIPs, except where the context clearly indicates otherwise.
11.27.
MARIJUANA AGRICULTURAL — Any uses or activities associated
with medical marijuana treatment and dispensing facilities or marijuana
cultivation.
11.28.
MARIJUANA CULTIVATION — The process of propagation, including
germination, using soil, hydroponics, or other mediums to generate
growth and maturity and/or the intended process of bringing a plant
or other grown product to maturity for harvesting, sale, refining
or use as an ingredient in further manufacturing or processing. This
definition encompasses marijuana cultivation related to medical marijuana
treatment centers, personal cultivation by registered qualifying patients
or cultivation by personal caregivers on behalf of registered qualifying
patients.
11.29.
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 a RMD, shall not be considered a
food or a drug as defined in MGL c. 94, § 1.
11.210.
MEDICAL MARIJUANA TREATMENT CENTER (MTC) — Formerly known
as a "registered marijuana dispensary (RMD)"; an entity licensed under
935 CMR 501.101 that acquires, cultivates, possesses, processes (including
development of related products such as Edible Marijuana or Marijuana
Products, MIPs, Tinctures, aerosols, oils, or ointments), repackages,
transports, sells, distributes, delivers, dispenses, or administers
Marijuana, products containing Marijuana, related supplies, or educational
materials to Registered Qualifying Patients or their Personal Caregivers
for Medical use. All capitalized terms shall have the meanings set
forth in 935 CMR 501.002.
[Amended 8-3-2021 by Ord. No. 35221]
11.211.
PRODUCTION AREA — Any limited access area within the RMD
where marijuana is handled or produced in preparation for sale.
11.212.
QUALIFYING PATIENT — 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).
11.213.
REGISTRATION CARD — An identification card issued by the
Massachusetts Department of Public Health 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 RMD. 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
Chapter 369 of the Acts of 2012.
11.214.
REGISTERED MARIJUANA DISPENSARY (RMD) — A not-for-profit
entity registered under 105 CMR 725.100, to be known as a "medical
marijuana treatment center," 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. Unless
otherwise specified, RMD refers to the site(s) of dispensing, cultivation,
and preparation of marijuana.
11.215.
SIXTY-DAY SUPPLY — 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(1).
For all purposes pursuant to this article, the Waltham City
Council is hereby designated as the special-permit-granting authority.
All special permit applications made pursuant to this article shall
conform to the standards and criteria and procedural provisions as
required by the Rules of the Waltham City Council and the zoning ordinances
of the City of Waltham, including but not limited to the provisions
of Section 3.5.
In addition to the requirements contained in Section 3.5 and
the Rules of the City Council, an applicant for a special permit shall
be required to provide the following:
(a)
Copies of all required licenses and permits issued to the applicant
by the Commonwealth of Massachusetts and any of its agencies for the
operation of the facility;
(b)
Evidence of the applicant's right to use the site of the proposed
facility, such as a deed or lease;
(c)
If the applicant is a business organization, a statement under oath
disclosing all of its owners, shareholders, partners, members, managers,
directors, officers, or other similarly situated individuals and entities
and their addresses. If any of the above are entities rather than
persons, the applicant must disclose the identity of the owners of
such entities until the disclosure contains the names of individuals;
and
(d)
Plans for all proposed security measures for the facility, including
lighting, fencing, gates, cameras, alarm systems, security monitoring,
and on-site security personnel, to ensure the safety of persons and
to protect the premises from theft.
(e)
Plans for all proposed ventilation and air cleaning installations,
including technical specifications for the equipment to be used.
In addition to the specific criteria contained within this article,
the City Council shall consider the following criteria, where it deems
relevant, before issuing a special permit for the operation of a medical
marijuana treatment center or medical marijuana growing cultivation
operation:
(a)
Compliance with all requirements of 105 CMR 725.000;
(b)
Adequacy of the site in terms of the size of the proposed use(s);
(c)
Suitability of the site for the proposed use(s);
(d)
Suitability of the security to be provided for the proposed use(s);
(e)
Impact on traffic and safety;
(f)
Impact on the visual character and security of the surrounding neighborhood;
(g)
Adequacy of parking; and
(h)
Adequacy of utilities, including sewage disposal, water supply and
stormwater drainage.
(a)
No medical marijuana treatment center or medical marijuana growing
cultivation operation shall be established except in compliance with
this article.
(b)
No medical marijuana treatment center or medical marijuana growing
cultivation operation shall be considered a "customary home occupation."
(c)
No medical marijuana treatment center or medical marijuana growing
cultivation operation shall be allowed as an accessory use in any
zoning district, to the extent such exclusion is permitted by law.
Where a hardship waiver has been granted by the appropriate authority
allowing an individual to cultivate marijuana at his/her primary residence,
such cultivation shall require a special permit under this article.
(d)
No medical marijuana treatment center, or indoor medical marijuana
growing cultivation operation, or any combination of both, shall have
a total gross floor area of less than 2,500 square feet or in excess
of 20,000 square feet.
(e)
No medical marijuana treatment center or medical marijuana growing
cultivation operation shall be permitted within 500 feet of any school,
day-care center, park, recreational facility, elderly housing facility,
facility for the developmentally disabled, or any facility in which
children commonly congregate. For purposes of determining the minimum
distance separation, the distance shall be measured by following a
straight line from the outer property line of the proposed facility
to the outer property line of any such school, day-care center, park,
recreational facility, elderly housing facility, facility for the
developmentally disabled, or facility in which children commonly congregate.
(f)
No medical marijuana treatment center or medical marijuana growing
cultivation operation shall allow any minor to enter upon the premises
unless accompanied by a legally authorized or registered personal
caregiver.
(g)
All medical marijuana facilities shall erect a sign at each entrance
to the premises, in a clearly visible location, stating as follows:
"A registration card issued by the Massachusetts Department of Public
Health is required for entry into this facility." All required signs
must be printed legibly in English in text that is a minimum of two
inches in height. Additional signs may be required in other languages
if deemed necessary by the City Council.
(h)
No medical marijuana facility shall be located in any building that
contains any medical doctor's office or the office of any other professional
practitioner authorized to prescribe the use of medical marijuana.
(i)
No medical marijuana facility shall be located in any building that
contains residential housing.
(j)
No medical marijuana treatment center or medical marijuana growing
cultivation operation shall operate between the hours of 8:00 p.m.
and 8:00 a.m., nor on Sundays or holidays.
(k)
No smoking, burning or consumption of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
any medical marijuana treatment center or medical marijuana growing
cultivation operation.
(l)
All medical marijuana treatment centers and indoor medical marijuana
growing cultivation operations shall install, maintain, and operate
adequate ventilation and air-cleaning equipment to ensure that no
odors produced by the operation are detectible in any area of the
premises accessible to the public, any public spaces, or any adjacent
property.
(m)
All medical marijuana treatment center and medical marijuana growing
cultivation operations shall provide the Chief of Police, the Inspector
of Buildings, and the special-permit-granting authority (City Council)
with a list containing the names, phone numbers, and e-mail addresses
of all management staff and keyholders. An updated list shall be provided
whenever changes occur to the information listed.
(n)
Any medical marijuana treatment center permitted under this article
shall provide free home delivery to all registered qualifying patients
within the City of Waltham during all hours that such establishment
is open for business.
(o)
Before the granting of any special permit under this article, the
applicant shall provide proof of an agreement with the City Council
on payment in lieu of taxes.
Any facility permitted under this article shall provide one
space for each 400 gross square feet of floor area used for treatment,
dispensing and processing and one space for each 2,000 gross square
feet of floor area used for cultivation. All parking areas shall be
designed and built according to the standards contained in Sections
5.4 to 5.48.
Cultivation, as defined in this article, by any registered qualifying
patient, personal caregiver, or medical marijuana treatment center
in any location other than where specifically permitted shall be disallowed.
This disallowance shall include cultivation, even where proposed as
an accessory use, by any qualified patient, personal caregiver, or
medical marijuana treatment center.
A medical marijuana treatment center or medical marijuana growing
cultivation operation shall be designed and constructed in accordance
with the underlying zoning district and the requirements of all applicable
provisions of the zoning ordinances of the City of Waltham.
(a)
A full set of as-built plans, certified by a registered professional
land surveyor, architect and/or engineer as appropriate shall be submitted
to the City Clerk, the Building Inspector, the Chief of Police, and
the Fire Chief before the issuance of any occupancy permit. The as-built
plans shall attest to a development's conformity to the provisions
of the special permit and all plans approved therewith by indicating
landscaping, buildings, drainage flow, number of parking stalls, and
limits of parking areas and drives and shall include detailed floor
plans showing all portions of the building subject to the special
permit and clearly indicating areas open to the public and areas not
open to the public.
(b)
Each medical marijuana treatment center or medical marijuana growing
cultivation operation permitted under this article shall, as a condition
of its special permit, file an annual report to the City Council certifying
its continued compliance with the special permit. The report shall
include copies of all current applicable state licenses and shall
be signed by an authorized agent under the pains and penalties of
perjury. The report shall be filed with the Office of the City Clerk
no later than January 31 of each year.
Special permits granted under this article shall be valid for
three years, provided that the permit holder is in compliance with
the provisions of the special permit and with Section 3.55 of the
Zoning Ordinance. All special permits granted under this article shall
be issued to the applicant and shall terminate automatically upon
transfer of the land, building and/or lease or sublease of the land
and/or building where it is located or the sale of the operation to
another person and/or entity.
Any person aggrieved by a decision of the City Council under
this section may appeal to the Superior Court, the Land Court or the
District Court pursuant to Chapter 40A of the Massachusetts General
Laws.
If any provision of the 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 persons or circumstances other
than those to which it is held invalid, shall not be affected thereby,
and to this end the provisions of the article are severable.
