[Added 10-22-2018 STM by Art. S7]
Editor's Note: This ordinance also redesignated former Art. XVIII, General, as Art. XIX.
The purposes of this bylaw are:
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
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.
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:
- ADULT USE MARIJUANA ESTABLISHMENT
- 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.
- CONTROLLING PERSON
- An officer, board member or other individual who has a financial or voting interest of 10% or greater in a marijuana establishment.
- EDIBLE MARIJUANA PRODUCTS
- A marijuana product that is to be consumed by humans by eating or drinking.
- HOST COMMUNITY
- A municipality in which a marijuana establishment is located or in which an applicant has proposed locating a marijuana establishment.
- HOST COMMUNITY AGREEMENT
- 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.
- MARIJUANA ACCESSORIES
- 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.
- MARIJUANA CULTIVATOR
- 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.
- MARIJUANA ESTABLISHMENT
- A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
- MARIJUANA ESTABLISHMENT AGENT
- 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.
- MARIJUANA PRODUCT MANUFACTURER
- 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.
- MARIJUANA PRODUCTS
- 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.
- MARIJUANA RETAILER
- 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.
- MARIJUANA TRANSPORTER
- 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.
- MASSACHUSETTS RESIDENT
- 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.
- PROCESS or PROCESSING
- 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.
- PROVISIONAL MARIJUANA ESTABLISHMENT LICENSE
- 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.
- REGISTRATION CARD
- 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.
- RESEARCH FACILITY
- An entity licensed to do or engage in research projects assigned by the Commission.
- SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
- The Marion Planning Board.
- UNREASONABLY IMPRACTICABLE
- 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:
Adult use marijuana establishments shall have executed a legally binding host community agreement with the Marion Board of Selectmen in which the parties shall have agreed, among other matters, to the payment to the Town of fees as provided by law.
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.
Uses. A special permit for adult use marijuana establishments shall be limited to one or more of the following uses:
Cultivating marijuana for adult use;
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
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.
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:
The name and address of each controlling person related to the adult use marijuana establishment;
Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the establishment;
If premises are the subject of a lease, evidence of the property owner's assent to the application;
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.
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).
The host community agreement executed by the applicant and the Marion Board of Selectmen.
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.
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.
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:
A marijuana retailer is prohibited from holding a tobacco sales permit for the same location.
A marijuana retailer is prohibited from holding a liquor license or selling or distributing any alcoholic beverage in any form at the same location.
All self-service displays of marijuana products are prohibited.
All vending machines containing marijuana products are prohibited.
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 Board of Selectmen and the applicant.