No person shall smoke, ingest, or otherwise use or consume marijuana
or tetrahydrocannabinol (as defined in MGL c. 94C, § 1,
as amended) while in or upon any public place, including, but not
limited to, any public street, public sidewalk, public way, public
footway, public passageway, public stairs, public bridge, public park,
public playground, public beach, public recreation area, public boat
landing, public building, public school building, public school grounds,
public cemetery, public parking lot; or in or upon any area owned
by or under the control of the Town of Foxborough, or any place to
which the public has a right of access as invitees or licensees.
[Amended 12-4-2017 STM
by Art. 12]
Any marijuana or tetrahydrocannabinol of any kind, including
for medical purposes, smoked, ingested, or otherwise used or consumed
in violation of this bylaw shall be seized, held, and disposed of
in accordance with MGL c. 94C, § 47A.
Whoever is found in violation of this bylaw shall, when requested
by an official authorized to enforce this bylaw, state his true name
and address to said official.
[Amended 1-30-2023 STM by Art. 1]
This bylaw may be enforced through any lawful means in law or
in equity, including, but not limited to, enforcement by criminal
indictment or complaint pursuant to MGL c. 40, § 21, or
by noncriminal disposition pursuant to MGL c. 40, § 21D,
by the Select Board or the Town Manager, or any duly authorized agent
of the Select Board or the Town Manager, or any police officer as
enforcing persons.
[Amended 12-4-2017 STM
by Art. 12]
The fine for a violation of this bylaw shall be $300 for each
offense. A penalty imposed under this bylaw shall be in addition to
any civil penalty imposed under MGL c. 94C, § 32L.
If any provision of this bylaw is determined to be invalid or
unenforceable by final judgment or order of a court of competent jurisdiction,
the remaining provisions shall continue in effect to the extent permitted
by law.
[Added 5-8-2017 ATM by
Art. 24]
The operation of any commercial or recreational marijuana establishment,
as defined in MGL c. 94G, § 1, including, without limitation,
a marijuana cultivator, marijuana testing facility, marijuana product
manufacturer, marijuana retailer or any other type of licensed marijuana-related
business within the Town is prohibited. This prohibition shall not
apply to the sale, distribution or cultivation of marijuana for medical
purposes licensed under Chapter 369 of the Acts of 2012.