[Added 5-12-2014 ATM,
Art. 11]
A.
Purpose.
(1)
To provide for the establishment of Medical Marijuana Facilities
in appropriate places and under strict conditions in accordance with
the Humanitarian Medical Use of Marijuana Act, G.L. c. 94C, App. 1-1,
as approved by the voters by the passage of Initiative Petition 11-11
on the November, 2012 state ballot, and the Department of Public Health
Regulations, 105 CMR 725.00.
(2)
To minimize the adverse impacts of Medical Marijuana Facilities on
adjacent properties, residential neighborhoods, schools and other
places where children congregate, local historic districts, and other
land uses potentially incompatible with said Facilities.
(3)
To regulate the siting, design, placement, security, safety, monitoring,
modification, and removal of Medical Marijuana Facilities.
B.
Applicability.
(1)
The commercial cultivation, [unless it meets the requirements for an agricultural exemption under G.L. c. 40A, § 3, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited unless permitted as a Medical Marijuana Facility under this § 650-90.
(2)
Nothing in this Bylaw shall be construed to supersede federal and
state laws governing the sale and distribution of narcotic drugs.
(3)
If any provision of this Section or the application of any such provision
to any person or circumstance shall be held invalid, the remainder
of this Section, 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 this Section are severable.
C.
Definitions.
(1)
Medical Marijuana Facility – Shall mean a "Medical marijuana
treatment center" to mean a not-for-profit entity, as defined by Massachusetts
law only, registered under this law, that acquires, cultivates, possesses,
processes (including development of related products such as food,
tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers marijuana, products containing
marijuana, related supplies, or educational materials to qualifying
patients or their personal caregivers. These facilities shall be located
inside a structure or building.
(2)
Marijuana for Medical Use – Marijuana that is designated and
restricted for use by, and for the benefit of, Qualifying Patients
in the treatment of Debilitating Medical Conditions as set forth in
Citizens Petition 11-11.
(3)
Marijuana – The same substance defined as "marihuana" under
Chapter 94C of the Massachusetts General Laws.
D.
Eligible Locations for Medical Marijuana Facilities.
(1)
Medical Marijuana Facilities, other than agricultural operations
meeting exemption standards under Chapter 40A, Section 3, may be allowed
by Special Permit granted by the Webster Board of Selectmen in Zoning
District 4, provided the Medical Marijuana Facility shall not be sited
within a radius of 500 feet of a school, daycare center, or any facility
in which children commonly congregate. The five-hundred-foot distance
under this section is measured in a straight line from the nearest
point of the facility in question to the nearest point of the building
within which the Medical Marijuana Facility is located. The lot on
which said Facility is located shall have a minimum lot size of 10
acres.
[Amended 12-8-2014 STM,
Art. 11]
E.
General Requirements and Conditions for all Medical Marijuana Facilities.
(1)
All non-exempt Medical Marijuana Facilities shall be contained within
a building or structure.
(2)
No Medical Marijuana Facility shall have a gross floor area of less
than 2,500 square feet or in excess of 25% of total area of the parcel
upon which it is located.
[Amended 12-8-2014 STM.
Art. 11]
(3)
A Medical Marijuana Facility shall not be located in buildings that
contain any medical doctor's offices or the offices of any other professional
practitioner authorized to prescribe the use of medical marijuana.
(4)
The hours of operation of Medical Marijuana Facilities shall be set
by the Special Permit Granting Authority, but in no event shall said
Facilities be open between the hours of 8:00 p.m. and 6:00 a.m.
[Amended 12-8-2014 STM,
Art. 11]
(5)
Each permitted Medical Marijuana Facility shall be permitted for one or more of the uses in Subsection F(2).
[Amended 12-8-2014 STM,
Art. 11]
(6)
No smoking, burning or consumption of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
a Medical Marijuana Facility.
(7)
Medical Marijuana Facility shall not be located inside a building
containing residential units, including transient housing such as
motels and dormitories, or inside a movable or mobile structure such
as a van or truck.
(8)
Signage for the Medical Marijuana Facility shall include the following
language: "Registration card issued by the MA Department of Public
Health required." The required text shall be a minimum of two inches
in height.
(9)
Medical Marijuana Facilities shall provide the Police Department,
Building Inspector and the Special Permit Granting Authority with
the names, phone numbers and email addresses of all management staff
and key-holders to whom one can provide notice if there are operating
problems associated with the establishment.
F.
Special Permit Requirements.
(1)
A Medical Marijuana Facility shall only be allowed by special permit
from the Planning Board in accordance with G.L. c. 40A, § 9,
subject to the following statements, regulations, requirements, conditions
and limitations.
(2)
A special permit for a Medical Marijuana Facility shall be limited
to one or more of the following uses that shall be prescribed by the
Special Permit Granting Authority:
(a)
Cultivation of Marijuana for Medical Use (horticulture) except
that sites protected under G.L. c. 40A, § 3 shall not require
a special permit;
(b)
Processing and packaging of Marijuana for Medical Use, including
Marijuana that is in the form of smoking materials, food products,
oils, aerosols, ointments, and other products;
(c)
Retail sale or distribution of Marijuana for Medical Use to
Qualifying Patients;
(3)
In addition to the application requirements set forth in this Bylaw,
a special permit application for a Medical Marijuana Facility shall
include the following:
(a)
The name and address of each owner of the facility;
(b)
Copies of all required licenses and permits issued to the applicant
by the Commonwealth of Massachusetts and any of its agencies for the
Facility;
(c)
Evidence of the Applicant's right to use the site of the Facility
for the Facility, such as a deed, or lease;
(d)
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;
(e)
A certified list of all parties in interest entitled to notice
of the hearing for the special permit application, taken from the
most recent tax list of the town and certified by the Town Assessor;
(f)
Proposed security measures for the Medical Marijuana Facility,
including lighting, fencing, gates and alarms, etc., to ensure the
safety of persons and to protect the premises from theft.
G.
Mandatory Findings. The Special Permit Granting Authority shall not
issue a special permit for a Medical Marijuana Facility unless it
finds that:
(1)
The Facility is designed to minimize any adverse visual or economic
impacts on abutters and other parties in interest, as defined in G.L.
c. 40A, § 11;
(2)
The Facility demonstrates that it will meet all the permitting requirements
of all applicable agencies within the Commonwealth of Massachusetts
and will be in compliance with all applicable state laws and regulations;
and
(3)
The applicant has satisfied all of the conditions and requirements
set forth herein.
H.
Annual Reporting. Each Medical Marijuana Facility permitted under
this Bylaw shall as a condition of its special permit file an annual
report to and appear before the Special Permit Granting Authority
and no later than January 31st, providing a copy of all current applicable
state licenses for the Facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit.
I.
A special permit granted under this Section shall have a term limited
to the duration of the applicant's ownership of, or leasehold interest
in, the premises. A special permit may be transferred only with the
approval of the Special Permit Granting Authority in the form of an
amendment to the special permit with all information required in this
Section.
[Amended 12-8-2014 STM,
Art. 11]
