The purpose of this article is to allow for of Cannabis Control Commission (CCC) licensed medical marijuana treatment centers as set forth in 935 CMR 501 and adult use or non-retail marijuana establishments, as defined in Section
135-1802, in the Highway Business and Commercial Zoning Districts consistent with the MGL Chapter 94G and 935 CMR 500.00 as most recently amended and all other applicable state laws and regulations. Medical marijuana treatment centers are permitted by-right in the Highway Business Zoning Districts. Non-retail marijuana establishments may be permitted by special permit in order to impose reasonable conditions and restrictions on said uses to ensure the public health, safety and well-being of the Town is preserved and to mitigate against undue impacts on the natural and built environment of the Town.
As used in this article, the following terms shall the meanings
indicated:
MARIJUANA CULTIVATOR
An entity licensed to cultivate, process and package marijuana,
and to transfer marijuana to other marijuana establishments, but not
to consumers. A craft marijuana cooperative is a type of marijuana
cultivator.
MARIJUANA DELIVERY OPERATOR or DELIVERY OPERATOR
An entity licensed to purchase at wholesale and warehouse
finished marijuana products acquired from a marijuana cultivator,
marijuana product manufacturer, microbusiness or craft marijuana cooperative,
and white label, sell and deliver finished marijuana products, marijuana
accessories and marijuana branded goods directly to consumers, but
is not authorized to repackage marijuana or marijuana products or
operate a storefront under this license. A delivery operator is an
additional license type under MGL c. 94G, § 4(b)(1) that
allows for limited delivery of marijuana or marijuana products to
consumers; and shall not be considered to be a marijuana retailer
under 935 CMR 500.002 or 500.050 and shall be subject to 935 CMR 500.050(1)(b).
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 defined by 935 CMR 501.
MARIJUANA INDEPENDENT TESTING LABORATORY
A laboratory that is licensed by the Commission and is:
A.
Accredited to the International Organization for Standardization
17025 (ISO.IEC 17025:2017) by a third-party accrediting body that
is a signatory to the International Laboratory Accreditation Accrediting
Cooperation mutual recognition arrangement or that is otherwise approved
by the Commission;
B.
Independent financially from any medical marijuana treatment
center, marijuana establishment or licensee for which it conducts
a test; and
C.
Qualified to test cannabis or marijuana in compliance with 935
CMR 500.160 and MGL c. 94C, § 34.
MARIJUANA LICENSEE
A person or entity licensed by the Commission to operate
a marijuana establishment under 935 CMR 500.000.
MARIJUANA MANUFACTURE
To compound, blend, extract, infuse or otherwise make or
prepare a cannabis or marijuana product.
MARIJUANA MICROBUSINESS
An entity that can be either a Tier 1 marijuana cultivator
or marijuana product manufacturer or both, in compliance with the
operating procedures for each license and, if in receipt of a delivery
endorsement issued by the Commission, may deliver marijuana or marijuana
products produced at the licensed location directly to consumers in
compliance with established regulatory requirements for retail sale
as it relates to delivery. A microbusiness that is a marijuana product
manufacturer may purchase no more than 2,000 pounds of marijuana per
year from other marijuana establishments for the purpose of marijuana
product manufacturing by the licensee.
MARIJUANA or MARIHUANA or CANNABIS
All parts of any plant of the genus Cannabis, not exempted
in 935 CMR 500.002: Cannabis or Marijuana or Marihuana (a) through
(c) and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; clones of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant;
its seeds or resin including tetrahydrocannabinol as defined in MGL
c. 94G, Section 1; provided that cannabis shall not include:
A.
The mature stalks of the plant, fiber produced from the stalks,
oil, or cake made from the preparation of the mature stalks, fiber,
oil, or cake made from the seeds of the plant or the sterilized seed
of the plant that is incapable of germination;
C.
The weight of any other ingredient combined with cannabis or
marijuana to prepare topical or oral administrations, food, drink
or other products.
MARIJUANA PROCESS OR PROCESSING
To harvest, dry, cure, trim and separate parts of the cannabis
or marijuana plant by manual or mechanical means, except it shall
not include manufacture as defined in 935 CMR 500.002.
MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, process, manufacture and package
cannabis or marijuana products and to transfer these products to other
marijuana establishments, but not to consumers.
MARIJUANA PRODUCTS
Cannabis or marijuana and its products unless otherwise indicated.
These include products that have been manufactured and contain cannabis
or marijuana or an extract from cannabis or 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.
MARIJUANA TRANSPORTER
An entity, not otherwise licensed by the Commission, that
is licensed to purchase, obtain, and possess cannabis or marijuana
product solely for the purpose of transporting, temporary storage,
sale and distribution to marijuana establishments, but not to consumers.
MEDICAL MARIJUANA TREATMENT CENTER (MTC)
Formerly known as a registered marijuana dispensary (RMD),
means an entity licensed pursuant to MGL c. 94I and 935 CMR 501 that
acquires, cultivates, possesses, processes [including the development
of related products such as edibles, marijuana infused products (MIPs),
tinctures, aerosols, oils or ointments], repackages, transports, sells
distributes, delivers, dispenses or administers marijuana, products
containing marijuana, related supplies or educational materials to
registered qualifying patients or their personal caregivers for medical
use.
NON-RETAIL MARIJUANA ESTABLISHMENT
A marijuana cultivator, craft marijuana cooperative, marijuana
product manufacturer, marijuana microbusiness, marijuana delivery
operator, marijuana independent testing laboratory, marijuana research
facility, marijuana transporter, or any other type of licensed marijuana-related
business, excluding marijuana retailers and social consumption establishments.
Consistent with MGL Chapter 94G, § 3(a)(2), the Town
hereby strictly prohibits in all Zoning Districts marijuana retailers,
retail storefronts and all types of on-site sales at a marijuana establishment
of any type directly to consumers. No building permit, special permit,
variance, site plan or other permit may be issued under the Zoning
Ordinance, and no use of land or structures shall be allowed, for
marijuana retailers, retail storefronts and all types of on-site sales
at a marijuana establishment of any type directly to consumers within
the Town.
In addition to the standard findings for a special permit (Section
135-503I), the special permit granting authority must also find all the following:
A. The non-retail marijuana establishment is consistent with and does
not derogate from the purposes and intent of this article and the
Zoning Ordinance/Bylaw.
B. That the non-retail marijuana establishment is designed to minimize
any adverse visual or economic impacts on abutters and other parties
in interest;
C. That the non-retail marijuana establishment demonstrates that it
meets or exceeds 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;
D. That the applicant has satisfied all of the conditions and requirements
of this article and other applicable sections of this Bylaw/Ordinance;
E. That the non-retail marijuana establishment provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of cultivation is adequately secured on-site
or via delivery.
F. That the non-retail marijuana establishment adequately addresses
issues of traffic demand, circulation flow, parking and queuing, particularly
at peak periods at the facility, and its impact on neighboring uses.