[Added 3-27-2017 by Ord.
No. 17-055(2); amended 8-2-2022 by Order No. 22-015]
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:
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.
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 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.
A laboratory that is licensed by the Commission and is:
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;
Independent financially from any medical marijuana treatment
center, marijuana establishment or licensee for which it conducts
a test; and
Qualified to test cannabis or marijuana in compliance with 935
CMR 500.160 and MGL c. 94C, § 34.
A person or entity licensed by the Commission to operate
a marijuana establishment under 935 CMR 500.000.
To compound, blend, extract, infuse or otherwise make or
prepare a cannabis or marijuana product.
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.
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:
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;
Hemp; or
The weight of any other ingredient combined with cannabis or
marijuana to prepare topical or oral administrations, food, drink
or other products.
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.
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.
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.
An entity licensed to engage in research projects by the
Commission.
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.
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.
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.
A.
Copies of any provisional licenses issued to the applicant by the
Cannabis Control Commission and any other licenses and/or permits
issued by the Commonwealth of Massachusetts and any of its agencies
for the operation of the facility;
B.
Evidence of the applicant's right to use the site of the proposed
facility, such as a deed or lease;
C.
If the applicant is a business organization, a statement under oath
disclosing all of its owners, shareholders, partners, members, managers,
directors, officers, or other similarly situated individuals and entities
and their addresses. If any of the above are entities rather than
persons, the applicant must disclose the identity of the owners of
such entities until the disclosure contains the names of individuals;
D.
Plans for all proposed security measures for the facility, including
lighting, fencing, gates, cameras, alarm systems, security monitoring,
and on-site security personnel, to ensure the safety of persons and
to protect the premises from theft;
E.
Plans for all proposed ventilation and air cleaning installations,
including technical specifications for the equipment to be used; and
F.
A copy of the emergency response plan filed by the applicant with
the Fire and Police Departments.
G.
Transportation and delivery route plans.
H.
Hours of operation.
I.
Floor plans detailing the use of specific areas within the building,
including square footage of each area.
J.
Each non-retail marijuana establishment and medical marijuana treatment
center permitted in Braintree shall file an annual report to the Mayor
and Planning Board (if Applicable) certifying its continued compliance
with the host agreement and all land use decisions granted by the
Town of Braintree.
A.
No non-retail marijuana establishment or medical marijuana treatment
center, as defined in this article shall be established except in
compliance with this article.
B.
No non-retail marijuana establishment or medical marijuana treatment
center shall be allowed as an accessory use in any zoning district.
C.
No non-retail marijuana establishment or medical marijuana treatment
center shall be permitted within 500 feet of any pre-existing K-12
school, day-care center, or public park or playground. The buffer
zone distance of 500 feet shall be measured in a straight line from
the geometric center of the non-retail marijuana establishment entrance
to the geometric center of the nearest school or day care entrance,
unless there is an impassable barrier within those 500 feet; in these
cases, the buffer zone distance shall be measured along the center
of the shortest publicly accessible pedestrian travel path from the
geometric center of the non-retail marijuana establishment entrance
to the geometric center of the nearest school or day care entrance.
For purposes of determining the minimum distance separation to a public
park or playground, the distance shall be measured by following a
straight line from the outer property line of the proposed non-retail
marijuana establishment or medical marijuana treatment center to the
outer property line of any such public park or playground.
D.
No property containing a non-retail marijuana establishment shall
be located within 100 ft. of any property that contains a residential
use. The 100 ft. buffer shall be measured by following a straight
line from the outer property line of the proposed non-retail marijuana
establishment to the outer property line of any such residential use
property.
E.
No non-retail marijuana establishment or medical marijuana treatment centers shall be permitted to have a ground sign as defined in Article IX. All non-retail marijuana establishments and medical marijuana treatment centers shall be permitted to have one wall sign on one side of the building. Said sign area shall be limited to 1/2 foot in for the length of the building wall in which the sign will be located or 60 sq. ft., whichever is less and the height of any letter, logo or symbol used in the wall sign shall not exceed two feet in height. If the non-retail marijuana establishment or medical marijuana treatment center is located in a building with multiple tenants said building wall length shall be equal to the space occupied within the building along that wall.
F.
Non-retail marijuana establishments and medical marijuana treatment
centers shall be allowed wayfinding and address signage not be considered
a ground sign. All wayfinding signs must be located on the property,
shall not exceed three in total and no individual sign shall exceed
four sq. ft. in area.
G.
No non-retail marijuana establishment or medical marijuana treatment
center shall be located in any building that contains residential
housing.
H.
No non-retail marijuana establishment or medical marijuana treatment
center shall operate between the hours of 9:00 p.m. and 8:00 a.m.
All business operations of all type shall conclude by 9:00 p.m. and
all employees shall be off the premises by 9:15 p.m.
I.
No smoking, burning or consumption of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
any non-retail marijuana establishment or medical marijuana treatment
center.
J.
All non-retail marijuana establishments and medical marijuana treatment
centers shall be 100% indoors. No exterior non-retail marijuana establishments
and medical marijuana treatment centers are permitted outdoors or
exterior to any building. Loading and unloading is permitted in an
approved loading bay or space.
K.
All non-retail marijuana establishments and medical marijuana treatment
centers shall conform to a no-odor standard, and therefore must install,
maintain, and operate sufficient ventilation and air cleaning equipment
to ensure that no odors produced by the operation are detectable at
any exterior areas on the site or property, or any adjacent property
or street.
L.
All non-retail marijuana establishments shall provide the Chief of
Police, the Inspector of Buildings, and the special permit granting
authority with a list containing the names, phone numbers, and e-mail
addresses of all management staff and key holders. An updated list
shall be provided whenever changes occur to the information listed.
M.
Before submission of any applications to the Planning Board or Building
Inspector for a non-retail marijuana establishments and medical marijuana
treatment centers under this article, the applicant shall provide
proof of an executed host community agreement with the Town Council
or Mayor.
N.
No non-retail marijuana establishment or medical marijuana treatment
center shall allow cultivation, processing, manufacture, sale or display
of marijuana or marijuana products to be visible from the exterior
of the building.
O.
If a medical marijuana treatment center does not trigger a site plan
review application, all aspects of this article shall be reviewed
for compliance by the Inspector of Buildings and the Director of Planning
and Community Development.
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.
