[HISTORY: Adopted by the City Council of the City of Springfield 12-17-2018 by Ord. No. 2018-19. Amendments noted where applicable.]
The purpose of this article is to ensure the safe possession
and use of marijuana by persons 21 years of age and over within the
City of Springfield.
For the purpose of this article, the following definitions shall
be applicable:
All parts of any plant of the genus Cannabis not excepted
below and whether growing or not; the seeds thereof; and resin extracted
from any part 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. 94C, § 1;
provided, however, that "marijuana" shall not include:
The mature stalks of the plant, fiber produced from the stalks,
oil, or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or 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 marijuana to
prepare topical or oral administrations, food, drink or other products.
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.
The package containing marijuana or marijuana products has
its seal broken or from which the contents have been partially removed
or consumed.
The area designed to seat the driver and passengers while
the motor vehicle is in operation and any area that is readily accessible
to the driver or passenger while in a seated position. "Passenger
area" shall not include a motor vehicle's trunk, locked glove
compartment or the living quarters of a house coach or house trailer,
or if a motor vehicle is not equipped with a trunk, the area behind
the last upright seat or an area not normally occupied by the driver
or passenger.
A.
No person shall sell marijuana or permit marijuana, as defined therein,
to be sold to a person under the minimum legal sales age of 21; or
give marijuana products, as defined herein, to a person under the
minimum legal sales age of 21.
B.
Each person selling or distributing marijuana products, as defined
herein, shall verify the age of the purchaser by means of valid government-issued
photographic identification containing the bearer's date of birth.
C.
All retail sales of marijuana products shall be face-to-face between
the seller and the buyer and occur at the permitted location unless
and until delivery of adult-use marijuana products is authorized and
licensed under state regulation and then, in strict compliance with
all applicable rules and regulations.
A.
No person shall cultivate or process marijuana plants if the plants
are visible from a public place without the use of binoculars or optical
aids. The penalty for a violation of this section shall be a fine
in an amount of $300 and forfeiture of the marijuana.
B.
No person shall cultivate or process marijuana plants outside an
area that is equipped with a lock or other security device. The penalty
for a violation of this section shall be a fine in an amount of $100
and forfeiture of the marijuana.
C.
No person shall possess more than one ounce of marijuana or marijuana
products within the person's place of residence unless the marijuana
and marijuana products are secured by a lock. The penalty for a violation
of this section shall be a fine in an amount of $100 and forfeiture
of the marijuana.
D.
A person that possesses more than one ounce of marijuana or marijuana
products but less than two ounces of marijuana or marijuana products
within the person's place of residence is subject to a fine of
$100 and forfeiture of the marijuana in excess of the allowable limits.
E.
A person that cultivates more than six but not more than 12 marijuana
plants within the person's place of residence is subject to a
fine of $100 and forfeiture of the marijuana in excess of the allowable
limits.
F.
No person shall, upon any way or in any public place which the public
has right of access, possess an open container or marijuana or marijuana
products in the passenger area of any motor vehicle. The penalty for
a violation of this section shall be a fine in an amount of $100 and
forfeiture of the marijuana.
G.
No person shall consume marijuana in a public place or smoke marijuana
where smoking tobacco is prohibited. The penalty for violation of
this section shall be $100.
For the purpose of this article, the following definitions shall
be applicable:
Massachusetts agency with authority to implement the state
marijuana laws including but not limited to Chapter 55 of the Acts
of 2017, MGL c. 94G, 935 CMR 500.00. The Commission has the authority
to license and regulate adult use marijuana establishments.
An entity licensed to cultivate, process and package marijuana
and to deliver and transfer marijuana to other marijuana establishments,
but not to consumers.
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business as defined in 935 CMR 500.00.
Employee, volunteer or agent of a marijuana establishment
who provides on-site services to a marijuana establishment related
to the cultivation, harvesting, preparation, packaging, storage, testing
or dispensing of marijuana.
An entity licensed to obtain, manufacture, process and package
marijuana and marijuana products and to deliver marijuana and marijuana
products to other marijuana establishments, but not to consumers.
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 consumers.
An entity licensed to test marijuana and marijuana products,
including certification for potency and the presence of contaminants.
An entity licensed to purchase, obtain, and possess marijuana
and marijuana products solely for the purpose of transporting, temporary
storage, sale and distribution to marijuana establishments only.
In addition to the requirements set forth by the Massachusetts
Cannabis Control Commission in 935 CMR 500.00, a marijuana establishment
shall obtain the following:
A.
Community outreach meeting. Each marijuana establishment must hold
a community outreach meeting within the neighborhood of the proposed
site, when practicable. If no viable site is available, the community
outreach meeting will be held at Springfield City Hall on 36 Court
Street in Springfield, MA.
B.
Host community agreement. Each marijuana establishment shall execute
a host community agreement with the City of Springfield. An application
form must be filled out expressing the desire to enter into a host
community agreement. After approval by the Mayor's Office host
community agreements must be approved by the City Council.
(1)
Each host community agreement application shall be reviewed by an
advisory committee consisting of the following nine members:
(a)
The Mayor or his/her designee(s);
(b)
The Health Commissioner or his/her designee;
(c)
The City Solicitor or his/her designee;
(d)
The Police Commissioner or his/her designee;
(e)
The Code Enforcement Commissioner or his/her designee;
(f)
The Director of the Department of Public Works or his/her designee;
(g)
The Director of the Planning Department or his/her designee;
(h)
The Chief Administrative and Finance Officer or his/her designee;
and
(i)
The Fire Commissioner or his/her designee.
(2)
An application for a host community agreement shall be submitted
to the Office of Planning and Economic Development on forms furnished
by it that shall set forth the name of the applicant, contact information
for the applicant, the name of the business entity operating the marijuana
establishment, the marijuana establishment address, proof in the form
of an executed lease or deed of the right to use the premises, the
names and addresses of designated representatives such as shareholders,
partners, managers and members, and other such information as the
City may require.
(3)
Applications for a host community agreement will not be reviewed
until the application is complete. Complete host community agreement
applications will be reviewed within 30 days of receipt.
(4)
No host community agreement will be reviewed until a community outreach
meeting has been held by the applicant.
(5)
A completed criminal offender record information acknowledgement
form shall be submitted with the host community agreement application
for every manager and employee of the establishment.
C.
Special permit application. A Tier 3 special permit shall be required
for operation of a marijuana establishment. The approval of a special
permit for any marijuana establishment is based on the discretion
of the City Council.
D.
Building permit. No marijuana establishment shall be issued a building
permit from the Department of Inspectional Services prior to obtaining
all required permits and licenses, including, but not limited to,
a Tier 3 special permit from the Springfield City Council and a provisional
license from the Cannabis Control Commission.
Each marijuana establishment and marijuana agent shall obtain
all applicable operating permits from the Department of Health and
Human Services, including but not limited to:
A.
Marijuana operating permit.
(1)
No person shall sell, cultivate, deliver or otherwise commercially
distribute marijuana products, as defined herein, within the City
of Springfield without first obtaining a marijuana operating permit
issued annually by the Department of Health and Human Services. Only
owners of establishments with a permanent, nonmobile location in Springfield
are eligible to apply for an operating permit at the specified location.
(2)
A marijuana delivery-only establishment, if authorized and licensed
under state regulation, shall not be required to have a permanent,
nonmobile location, but shall have an in-state permanent business
office address and contact information available. Upon request, the
establishment must share information about the current location and
destination of its employees with the Department of Health and Human
Services.
(3)
No person shall gift marijuana or marijuana products to a consumer
contingent upon the sale of any other product.
(4)
As part of the marijuana operating permit application process, the
applicant will be provided with the Department of Health and Human
Services regulation and any related City ordinance(s). Each applicant
is required to sign a statement declaring that the applicant has read
said regulation and corresponding ordinance(s) and that the applicant
is responsible for instructing all employees who will be responsible
for marijuana sales on federal, state and local laws regarding the
sale of marijuana and this regulation.
(5)
Each applicant who sells, cultivates, delivers or otherwise distributes
marijuana is required to provide proof of a current license issued
by the Cannabis Control Commission before a marijuana operating permit
can be issued or renewed. Each applicant is required to provide the
names and phone numbers of all staff of the establishment. This information
shall be updated and provided upon annual renewal of the permit.
(6)
A separate marijuana operating permit, displayed conspicuously, is
required for each marijuana establishment. The fee for a marijuana
operating permit shall be $2,000 annually.
(7)
A marijuana operating permit is nontransferable. A new owner of a
marijuana establishment must apply for a new permit.
(8)
Issuance of a marijuana operating permit shall be conditioned on
an applicant's consent to unannounced, periodic inspection of
his/her marijuana establishment, including any business conducted
off site, to ensure compliance with this regulation.
(9)
A marijuana operating permit will not be renewed if the permit holder
has failed to pay all fines issued and the time to appeal the fines
has expired and/or the permit holder has not satisfied any outstanding
permit suspensions.
(10)
A marijuana operating permit may be subject to nonrenewal if
the establishment has sold a marijuana product to a person under the
minimum legal sales age two times within the previous permit year
and the time to appeal has expired. The permit holder may request
a hearing pursuant to this regulation prior to nonrenewal.
(11)
No person under the minimum legal sales age shall be permitted
to enter an establishment with a marijuana operating permit except
those individuals in possession of a registration card demonstrating
that the individual is a registered qualifying patient with the Medical
Use of Marijuana Program if the establishment is co-located with a
medical marijuana treatment center.
(12)
A storefront marijuana retailer shall sell primarily marijuana
and marijuana accessories. The sale of other products or offer of
other services must be merely incidental.
(13)
A storefront marijuana retailer is prohibited from applying
for or otherwise holding a tobacco sales permit. A storefront marijuana
retailer is also prohibited from holding a liquor license or selling
or distributing any alcoholic beverage in any form.
(14)
All marijuana establishments shall submit the final security
plan to the Department of Health and Human Services and the Springfield
Police Department prior to operation.
(15)
All marijuana operating permits expire annually from the date
of first issuance.
B.
Any marijuana establishment who violates this section shall be subject
to a fine in the amount of $1,000.
C.
Violations; suspension and revocation of permit.
(1)
In the case of a first violation, the permit holder in charge of
the area permitted for marijuana sales not in compliance with the
provisions of this regulation shall receive a fine of $1,000 per violation.
The Springfield Department of Health and Human Services shall give
the permit holder notification of the regulation and educational information
on preventing the sale of marijuana to minors.
(2)
In the case of two violations within a twelve-month period, the permit holder in charge of the area permitted for marijuana sales not in compliance with Subsection A of this regulation shall receive a fine of $1,000.
(3)
In case of three violations within a twelve-month period, the permit
holder in charge of the area permitted for marijuana sales not in
compliance with the provisions of this regulation shall receive a
fine of $1,000, and the marijuana sales permit shall be suspended
for the remainder of the current permit term.
(4)
For any suspensions or revocations, the Springfield Department of
Health and Human Services shall provide notice to the permit holder
of the intent to suspend or revoke its marijuana sales permit, which
date shall be no earlier than seven days after the date of said notice.
The permit holder shall have an opportunity to be heard at a hearing.
Such hearing shall be held before the Environmental Subcommittee of
the City of Springfield Public Health Council. If, after a hearing,
the permit holder is found in violation, and the permit to sell marijuana
is revoked or suspended by the Subcommittee, all marijuana products
shall be removed from the premises for the duration of the revocation
or suspension.
D.
Any citizen who desires to register a complaint under this section
may request that the Director of Health and Human Services or its
designee initiate an enforcement action.
A.
Building/Code Enforcement annual report. Marijuana establishments
shall file an annual report to the Building Commissioner and Zoning
Administrator no later than January 31 of each year, providing a copy
of all current applicable state licenses for the facility and/or its
owners and demonstrate continued compliance with the conditions of
the special permit.
B.
Building/Code Enforcement annual review. Any operating marijuana
establishment within the City of Springfield shall be inspected annually
by the Building Commissioner or his/her designee(s), to ensure compliance
with this section and with any conditions imposed by the special permit.
C.
Security plan. All marijuana establishments shall submit final security
plans to the Springfield Police Department and the Springfield Fire
Department prior to operation. Any updates in security plans shall
be submitted forthwith.
D.
Establishment agents. Each marijuana establishment shall submit completed
criminal offender record information checks to the Springfield Law
Department for each manager, operator and employee working in the
establishment prior to operation. Contact information for each manager
and operator of the marijuana establishment shall be given to the
City Law Department. Updated contact information shall be submitted
within 48 hours of any changes.
E.
State licensing. Upon receipt from the Cannabis Control Commission,
a marijuana establishment shall submit the provisional and final license
to the Springfield Law Department. No operation of a marijuana establishment
shall begin prior to receipt of a final license from the Cannabis
Control Commission.
