[Added 5-1-2017 ATM by
Art. 37]
A.
By vote at the state election on November 8, 2016, the voters of
the commonwealth approved a law regulating the cultivation, distribution,
possession and use of marijuana for recreational purposes. The law
took effect on December 15, 2016, and (as amended on December 30,
2016; Chapter 351 of the Acts of 2016, and thereafter, on July 28,
2017, by Chapter 55 of the Acts of 2017) requires a Cannabis Control
Commission to issue regulations regarding the licensing of commercial
activities by March 15, 2018, and begin accepting applications for
licenses on April 1, 2018.
[Amended 5-7-2018ATM
by Art. 36]
B.
Currently under the Zoning Bylaw, nonmedical marijuana establishments
(hereinafter a "recreational marijuana establishment") as defined
in MGL c. 94G, § 1, are not specifically addressed in the
Zoning Bylaw, and any regulations promulgated by the State Cannabis
Control Commission are expected to provide guidance to the Town in
regulating recreational marijuana establishments.
[Amended 5-7-2018ATM
by Art. 36]
C.
The regulation of recreational marijuana establishments and marijuana
retailers raise novel and complex legal, planning, and public safety
issues, and the Town needs time to study and consider the regulation
of recreational marijuana establishments and address such issues,
as well as to address the potential impact of the state regulations
on local zoning and to undertake a planning process to consider amending
the Zoning Bylaw regarding regulation of recreational marijuana establishments
and other uses related to the regulation of recreational marijuana.
The Town intends to adopt a temporary moratorium on the use of land
and structures in the Town for recreational marijuana establishments
so as to allow the Town sufficient time to engage in a planning process
to address the effects of such structures and uses in the Town and
to adopt provisions of the Zoning Bylaw in a manner consistent with
sound land use planning goals and objectives.
An entity licensed to test marijuana and marijuana products,
including certification for potency and the presence of contaminants.
[Added 5-7-2018ATM by
Art. 36]
To compound, blend, extract, infuse or otherwise make or
prepare a marijuana product.
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.
[Amended 5-7-2018ATM
by Art. 36]
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 establishments, 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.[1]
[1]
Editor’s Note: The former definition of “marijuana
testing facility,” which immediately followed this definition,
was repealed 5-7-2018 ATM by Art. 36. See now the definition of “independent
testing laboratory.”
[Amended 5-7-2018ATM
by Art. 36]
For the reasons set forth above and notwithstanding any other
provision of the Zoning Bylaw to the contrary, the Town hereby adopts
a temporary moratorium on the use of land or structures for recreational
marijuana establishments. The moratorium shall be in effect through
December 31, 2018. During the moratorium period, the Town shall undertake
a planning process to address the potential impacts of recreational
marijuana in the Town, consider the Cannabis Control Commission's
regulations regarding recreational marijuana establishments and related
uses, determine whether the Town shall restrict any, or all, recreational
marijuana establishments and shall consider adopting new provisions
of the Zoning Bylaw to address the impact and operation of recreational
marijuana establishments and related uses.
The provisions of this bylaw are severable. If any provision,
paragraph, sentence, or clause of this bylaw or the application thereof
to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application
of this bylaw.
