[Added 11-6-2017 STM
by Art. 4]
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
provides that it is effective on December 15, 2016, and the Cannabis
Control Commission is required to issue regulations regarding implementation
by March 15, 2018.
Currently under the Zoning Bylaw, recreational marijuana establishments
and marijuana retailers are not a permitted use in the Town and any
regulations promulgated by the State Cannabis Control Commission are
expected to provide guidance to the Town in regulating recreational
marijuana establishments and marijuana retailers. Further, the state
law clarifying the ballot measure establishes a process for the Town
to either ban or restrict the issuance of licenses for such facilities.
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 marijuana retailers and
address such novel and complex 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 marijuana retailers 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 marijuana retailers 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. The temporary moratorium is not intended to
be a comprehensive moratorium on all recreational marijuana activities
but rather a temporary prohibition only on recreational marijuana
retail sales.
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, marijuana testing facility, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business.
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.
An entity licensed to test marijuana and marijuana products,
including certification for potency and the presence of contaminants.
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 marijuana
retailers. The moratorium shall be in effect through June 30, 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 regulations
regarding recreational marijuana establishments and marijuana retailers
and related uses, determine whether the Town shall restrict any, or
all, licenses for recreational marijuana establishments and marijuana
retailers, determine whether the Town will prohibit on-site consumption
at recreational marijuana establishments and marijuana retailers and
shall consider adopting new provisions of the Zoning Bylaw to address
the impact and operation of recreational marijuana establishments
and marijuana retailers and related uses.
The provisions of this Section 3700 of the Zoning Bylaw are
severable. If any provision, paragraph, sentence, or clause of this
Section 3700 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 Section 3700.
