[Added 10-23-2017 ATM
by Art. 21]
A.
Purpose.
(1)
On November 8, 2016, the voters of the Commonwealth approved
a law regulating the cultivation, processing, distribution, possession
and use of marijuana for recreational purposes (new MGL c. 94G, Regulation
of the Use and Distribution of Marijuana Not Medically Prescribed).
The law, which allows certain personal use and possession of marijuana,
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 to begin accepting applications
for licenses on April 1, 2018.
(2)
Currently under the Zoning Bylaw, a nonmedical marijuana establishment
(hereinafter, a "recreational marijuana establishment"), as defined
in MGL c. 94G, § 1, is not specifically addressed. Regulations
to be promulgated by the Cannabis Control Commission may provide guidance
on certain aspects of local regulation of recreational marijuana establishments.
The regulation of recreational marijuana raises novel 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. 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 sufficient time to address the effects
of such structures and uses in the Town and to enact bylaws in a consistent
manner.
B.
RECREATIONAL MARIJUANA ESTABLISHMENT
Definitions.
Shall mean a marijuana cultivator, independent testing facility,
marijuana product manufacturer, marijuana retailer or any other type
of licensed marijuana-related business.
C.
Temporary moratorium. 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 a recreational marijuana establishment and other uses related
to recreational marijuana. The moratorium shall be in effect through
December 31, 2018, or until such time as the Town adopts Zoning Bylaw
amendments that regulate recreational marijuana establishments, whichever
occurs earlier. During the moratorium period, the Town shall undertake
a planning process to address the potential impacts of recreational
marijuana in the Town, and to consider the Cannabis Control Commission
regulations regarding recreational marijuana establishments, and shall
consider adopting new Zoning Bylaws in response to these new issues.
