[Added 10-22-2018 STM
by Art. S7[1]]
[1]
Editor's Note: This ordinance also redesignated former Art.
XVIII, General, as Art. XIX.
The purposes of this bylaw are:
A.
To exercise lawful regulation of adult use marijuana establishments,
consistent with MGL c. 94G, Regulation of the Use and Distribution
of Marijuana Not Medically Prescribed; 935 CMR 500.000 et seq., Adult
Use of Marijuana; and in accordance with the Town of Marion's authority
pursuant to MGL c. 40A et seq.; and
B.
To protect community health and safety by imposing reasonable safeguards
on the operation of adult use marijuana establishments within the
Town, including limitations on the siting of such facilities to locations
appropriate to such use.
A.
No adult use marijuana establishment shall operate within the Town
except in conformity with this bylaw; and with all requirements of
MGL c. 94G and 935 CMR 500.000 et seq., inclusive.
Unless otherwise indicated, terms used throughout this regulation
shall be defined as they are in 935 CMR 500.000 et seq. and in MGL
c. 94G, § 1.
As used in this article, the following terms shall have the
meanings indicated:
A marijuana establishment lawful under MGL c. 94G, Regulation
of the Use and Distribution of Marijuana Not Medically Prescribed,
and conforming to the requirements of 935 CMR 500 et seq., Adult Use
of Marijuana.
The Massachusetts Cannabis Control Commission.
A person who is at least 21 years of age.
An officer, board member or other individual who has a financial
or voting interest of 10% or greater in a marijuana establishment.
A marijuana product that is to be consumed by humans by eating
or drinking.
A municipality in which a marijuana establishment is located
or in which an applicant has proposed locating a marijuana establishment.
The agreement reached between the Town of Marion and a marijuana
establishment.
To compound, blend, extract, infuse or otherwise make or
prepare a marijuana product.
All parts of any plant of the genus Cannabis, not excepted
below and 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,
including tetrahydrocannabinol as defined in § 1 of MGL
c. 94C and 94G, provided that "marijuana" shall not include: (1) 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, fiber,
oil, or cake made from the seeds of the plant or the sterilized seed
of the plant that is incapable of germination; (2) hemp; or (3) the
weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink or other products. Marijuana
also includes marijuana products except where the context clearly
indicates otherwise.
Equipment, products, devices or materials of any kind that
are intended or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, ingesting, inhaling or otherwise introducing
marijuana into the human body.
An entity licensed to cultivate, process and package marijuana,
to deliver marijuana to marijuana establishments and to transfer marijuana
to other marijuana establishments, but not to consumers.
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business.
A board member, director, employee, executive, manager, or
volunteer of a marijuana establishment, who is 21 years of age or
older. "Employee" includes a consultant or contractor who provides
on-site services to a marijuana establishment related to the cultivation,
harvesting, preparation, packaging, storage, testing, or dispensing
of marijuana.
An entity licensed to obtain, manufacture, process and package
marijuana and marijuana products, to deliver marijuana and marijuana
products to marijuana establishments and to transfer marijuana and
marijuana products to other marijuana, but not to consumers.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
An entity licensed to purchase and deliver marijuana and
marijuana products from marijuana establishments and to deliver, sell
or otherwise transfer marijuana and marijuana products to marijuana
establishments and to consumers.
An entity, not otherwise licensed by the Commission, which
is licensed to purchase, obtain, and possess marijuana and marijuana
products solely for the purpose of transporting, temporary storage,
sale and distribution to marijuana establishments, not for sale to
consumers.
A person whose primary residence is located in Massachusetts.
"Drug paraphernalia" as defined in MGL c. 94C, § 1.
Any indoor or outdoor location over which a social consumption
operation or its agents may lawfully exert substantial supervision
or control over entry, property or the conduct of persons.
To harvest, dry, cure, trim and separate parts of the marijuana
plant by manual or mechanical means, except it shall not include manufacture
as defined in 935 CMR 500 et seq.
A certificate issued by the Commission confirming that a
marijuana establishment has completed the application process.
The holder of a registration card or a license, or a healthcare
provider as that term is defined in 935 CMR 500 et seq.
An identification card issued by the Commission to a marijuana
establishment or laboratory agent. The registration card allows access
into Commission-supported databases. The registration card facilitates
identification by the Commission and law enforcement authorities of
those individuals who are exempt from Massachusetts criminal and civil
penalties, Ch. 369 of the Acts of 2012, 105 CMR 725.000, 935 CMR 500.000,
and the Act.
An entity licensed to do or engage in research projects assigned
by the Commission.
The Marion Planning Board.
That the measures necessary to comply with the regulations,
ordinances or bylaws adopted pursuant to this chapter subject licensees
to unreasonable risk or require such a high investment of risk, money,
time or any other resource or asset that a reasonably prudent businessperson
would not operate a marijuana establishment.
Adult use marijuana establishments may be allowed by special
permit in the Limited Industrial Zoning District, subject to all requirements
of this Zoning Bylaw, the requirements of the Planning Board, and
of 935 CMR 500.000 et seq.
The following requirements and conditions shall apply to all
adult use marijuana establishments and are conditions precedent to
the application for a building permit for an adult use marijuana establishment:
C.
Adult use marijuana establishments shall have executed a legally
binding host community agreement with the Marion Select Board in which
the parties shall have agreed, among other matters, to the payment
to the Town of fees as provided by law.
[Amended 10-19-2021 STM by Art. 6]
D.
No adult use marijuana establishments 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 or religious
organization providing care for children through grade 12.
An adult use marijuana establishment shall be allowed only by special permit and only if the same is in accordance with all relevant state laws and applicable regulations, MGL c. 40A, § 9, the requirements of § 230-7.2 of the Zoning Bylaw, and with the additional requirements contained in this section (§ 230-18.6), below.
A.
Uses. A special permit for adult use marijuana establishments shall
be limited to one or more of the following uses:
(1)
Cultivating marijuana for adult use;
(2)
Processing and packaging of marijuana for adult use, including
marijuana that is in the form of smoking or vaping materials, food
products, oils, aerosols, ointments and other products; or
(3)
Retail sale or distribution of marijuana for use only by adults
21 years of age or older, as that term is defined in 935 CMR 500.002.
B.
Application. In addition to the application requirements set forth
in the rules of the special permit granting authority, a special permit
application for an adult use marijuana establishment shall include
the following:
(1)
The name and address of each controlling person related to the
adult use marijuana establishment;
(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)
If premises are the subject of a lease, evidence of the property
owner's assent to the application;
(4)
Proposed security measures for adult use marijuana establishments
demonstrating compliance with all requirements of 935 CMR 500.110,
"Security Requirements for Marijuana Establishments," including but
not limited to secure storage areas, limited-access areas. Security
measures shall be reviewed and approved by the Police Department pursuant
to 935 CMR 500.110.
(5)
Proposed operations and maintenance manual for the adult use
marijuana establishments demonstrating compliance with all the requirements
of 935 CMR 500.110, "Security Requirements for Adult Use Marijuana
Establishments," including but not limited to procedures for limiting
access to the facility to persons authorized under 935 CMR 500.110;
and procedures for transport of marijuana and/or marijuana-infused
products (MIPs).
(6)
The host community agreement executed by the applicant and the
Marion Select Board.
[Amended 10-19-2021 STM by Art. 6]
C.
Hours of operation. The hours of operation of an adult use marijuana
establishment shall be established by the special permit granting
authority consistent with applicable state laws and regulations.
D.
Transferability of a special permit. Special permits are presumed
to be nontransferable and may be transferred only with the written
approval of the special permit granting authority, following compliance
with the procedural and substantive requirements of this bylaw and
relevant state law.
E.
A marijuana retailer may only sell marijuana and marijuana accessories.
The sale of other products or offer of other services must be merely
incidental to the sale of marijuana and marijuana accessories. In
addition, a special permit for the sale of marijuana and marijuana
accessories shall contain the following conditions of approval:
(1)
A marijuana retailer is prohibited from holding a tobacco sales
permit for the same location.
(2)
A marijuana retailer is prohibited from holding a liquor license
or selling or distributing any alcoholic beverage in any form at the
same location.
(3)
All self-service displays of marijuana products are prohibited.
(4)
All vending machines containing marijuana products are prohibited.
F.
Special permit criteria. The Planning Board shall issue a special permit for a marijuana retailer only upon a showing of compliance with the terms, conditions, and criteria of § 230-7.2 of the Zoning Bylaw and the terms, conditions, and criteria of the host community agreement is entered into between the Marion Select Board and the applicant.
[Amended 10-19-2021 STM by Art. 6]
