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) 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. Currently under the Zoning Bylaw, a
non-medical Marijuana Establishment (hereinafter, a "Recreational
Marijuana Establishment"), as defined in MGL c. 94G, § 1,
is not specifically addressed in the Zoning Bylaw. 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.
"Recreational Marijuana Establishment" shall mean a "marijuana
cultivator, marijuana testing facility, marijuana product manufacturer,
marijuana retailer or any other type of licensed marijuana-related
business."
[Amended 10-18-2018 STM
by Art. 16]
To allow the Planning Board time to review and propose a revised
zone bylaw designed for use after the Massachusetts Cannabis Control
Commission develops its regulations, which were due October 1, 2017,
but were not finalized until early 2018, by addressing recreational
marijuana facilities and to present it at the Spring 2019 Annual Town
Meeting.
21.3.1. No building permits shall be granted for new, revised, or modifications
to any structure or building within the Town for the establishment
and operation of businesses for the distribution of recreational marijuana
within any Zone District prior to June 1, 2019.