[Added 9-18-2017 by TOR-2017-9]
[Amended 12-16-2019 by Ord. No. TOR-2019-12; 6-21-2021 by Ord. No. TOR-2021-2]
A.
RECREATIONAL MARIJUANA ESTABLISHMENT
Definition.
A use operated by an entity licensed by the Cannabis Control
Commission, and pursuant to all other applicable state laws and regulations,
that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils, or ointments),
packages, delivers, obtains, manufactures, purchases, transfers, transports,
sells, distributes, dispenses, or administers marijuana, products
containing marijuana, or related supplies for nonmedical, or recreational
use excluding a licensed Marijuana Product Manufacturer establishment
as defined by 935 CMR 500.002 and regulated under 935 CMR 500.130
and a licensed Indoor Marijuana Cultivator as defined by 935 CMR 500.002
and regulated under 935 CMR 500.000 through 500.120, inclusive.
B.
Prohibition. Notwithstanding any other provision of the Zoning Ordinance to the contrary, the use of any land or structures as a recreational marijuana establishment within the Town of Agawam is prohibited except that Marijuana Product Manufacturers and Indoor Marijuana Cultivators shall be exempt from this prohibition and shall be permitted pursuant to the Code of the Town of Agawam § 180-124 through § 180-126 inclusive.
