The intent of this section is to establish local requirements to ensure safe and appropriate implementation of G.L. c. 94G, legalizing recreational marijuana, within the Town in order to protect the public good, welfare and safety.
[[1]HISTORY: Adopted by the Town Meeting of the Town of Hull as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was Changed from "Marijuana Establishments" to "Marijuana Uses" 5-6-2024 ATM by Art. 32-B.
[[1]Adopted 2-12-2018 STM by Art. 5]
[1]
Editor's Note: The title of this article was changed from "Marijuana Establishments" to "Marijuana Retail Establishments or MTCs" 5-6-2024 ATM by Art. 32-B.
[Amended 5-6-2024 ATM by Art. 32-B]
See G.L. c. 94G, § 1, and G.L. c. 94I, § 1, and the regulations promulgated thereunder by the Commonwealth of Massachusetts, for definitions of applicable terms. This section specifically adopts the following definitions consistent with G.L. c. 94G, § 1, and 935 CMR 500, as they may be amended:
The Massachusetts Cannabis Control Commission, or its successor.
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 section 1 of chapter 94C; provided, however, that "marijuana" shall not include (1) 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; (2) hemp; or (3) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. Marijuana also includes marijuana products except where the context clearly indicates otherwise.
A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, or any other type of licensed marijuana related business. Does not include Medical Marijuana Treatment Centers (MTC) or Marijuana Retail Establishments.
A board member, director, employee, executive, manager, or volunteer of a Marijuana Establishment, who is 21 years of age or older. "Employee" includes a consultant who provides on-site services to a Marijuana Establishment related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of marijuana.
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.
An entity licensed to purchase, repackage, white label, and transport marijuana or marijuana product from marijuana establishments, and to transfer this product to marijuana establishments and to sell to consumers.
A Marijuana Retailer licensed by the Massachusetts Cannabis Control Commission to purchase marijuana and marijuana products from marijuana establishments and to sell marijuana and marijuana products on its premises only to consumers or allow consumers to consume marijuana and marijuana products on its premises only.
A Medical Marijuana Treatment Center registered under 105 CMR 725.100, also known as a Registered Marijuana Dispensary (RMD), that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana for medical use.
[Amended 5-8-2021 ATM by Art. 6B; 5-6-2024 ATM by Art. 32-B]
The number of licenses issued pursuant to this section to Marijuana Retail Establishments shall not exceed two.
[Amended 5-6-2024 ATM by Art. 32-B]
Marijuana retail establishments or MTCs shall comply with the following requirements:
A.
General
(1)
Marijuana retail establishments or MTCs shall comply with applicable State and local laws, regulations, bylaws, codes, conditions and agreements with the Town, including, but not limited to, G.L. c. 94G, G.L. c. 94I, 935 CMR 500, the Town of Hull's By-Laws, the Town of Hull's Zoning By-Laws,[1] all applicable Town and state and federal building, fire prevention, police, and health codes, regulations and standards, any conditions imposed on licenses and permits held by the marijuana retail establishment or MTC (including, but not limited to, any special permit conditions), and agreements between the marijuana retail establishment or MTC and the Town, including host community agreements.
(2)
Marijuana retail establishments or MTCs shall maintain all permits and licenses required by State, Federal and local laws (to the extent applicable), including, but not limited to, a valid, current license in good standing from the CCC. Any voiding of the CCC's license by operation of law (including due to cessation of operations, failure to become operational within the permitted time, or relocation without CCC approval) and any revocation or suspension of the marijuana retail establishment's or MTC's CCC license shall result in an automatic suspension of the permit issued hereunder pending hearing or the opportunity therefor afforded to the marijuana retail establishment or MTC and pending further determination by the Special Permit Granting Authority of any zoning special permit issued.
B.
Operational Requirements
(1)
General
(a)
With the exception of medical marijuana cultivation conducted pursuant to a special permit issued under the Town's zoning by-law[2] and this general bylaw, all Marijuana Retail Establishments or MTCs licensed operations shall be conducted within a building or structure.
(b)
No marijuana retail establishment or MTC shall allow cultivation, processing, manufacture, sale or display of marijuana or marijuana products to be visible from a public place without the use of binoculars, aircraft or other optical aids.
(c)
Marijuana retail establishments or MTCs may cultivate, process, test, store, sell, distribute and manufacture marijuana or marijuana products only within an area that is licensed, enclosed and secured in a manner that prevents access by persons not permitted by the marijuana retail establishment or MTC to access the area and all such activities must only occur within the area specifically described in the license issued hereunder.
(d)
No marijuana retail establishment or MTC shall allow any person under 21 years of age to volunteer or work for the marijuana retail establishment or MTC.
(e)
Hours of operation shall be set by the Select Board as part of the local license. In any event, hours of operation shall not be before _____ a.m. or after _____ p.m.
(f)
Marijuana retail establishments or MTCs shall ensure that their (a) hours of operation, and their (b) hours and methods of transportation of product shall not be a detriment to the surrounding area and nearby uses.
(g)
Marijuana retail establishments or MTCs shall not permit any disorder, disturbance, or illegality under State or local law of any kind on the premises.
(h)
Marijuana retail establishments or MTCs shall not permit any disorder, disturbance, or illegality under State or local law of any kind on the premises or to the extent it is within their control, outside of the premises.
(i)
Marijuana retail establishment or MTC operations shall not result in illegal distribution or redistribution under State or local law of marijuana obtained from the marijuana retail establishment or MTC, or in use of marijuana in any manner that violates State or local law.
(j)
Marijuana retail establishment or MTC operations shall not create nuisance conditions in parking areas, sidewalks, streets and areas surrounding its premises and adjacent properties. "Nuisance" includes, but is not limited to, disturbances of the peace, open public consumption of cannabis, excessive pedestrian or vehicular traffic, illegal drug activity under State or local law, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, excessive citation for violations of State or local traffic laws and regulations, queuing of patrons (vehicular or pedestrian) in or other obstructions of the public or private way (sidewalks and streets), collisions between vehicles, bicyclists, and pedestrians, lewd conduct or police detentions and arrests.
(k)
Marijuana retail establishments or MTCs shall equip the premises and otherwise conduct their operations in such a manner that:
(l)
A marijuana retail establishment or MTC shall be required to remove all marijuana and marijuana products by the earlier of: a) prior to surrendering its State-issued license; or b) within six months of ceasing operations. As relates thereto, marijuana retail establishments or MTCs shall post with the Town a bond or other surety as may be approved by the Town to ensure the proper removal of all marijuana and marijuana products within said removal period.
(m)
Marijuana retail establishments or MTCs shall comply with 527 CMR and with Chapter 38 of the NFPA 1 (2018), as they may be amended, and as applicable.
(2)
Marijuana Retailers. Marijuana retailers are required to engage in patron verification as follows:
(a)
Upon entry into the premises of an adult-use marijuana retailer by an individual, a marijuana retail establishment or MTC agent shall immediately inspect the individual's proof of identification and determine the individual's age. An individual shall not be admitted to the premises unless the marijuana retailer has verified that the individual is 21 years of age or older by an individual's legally acceptable proof of identification.
(b)
Upon entry into the premises of a marijuana retailer that is co-located with a medical marijuana treatment center by an individual, a marijuana retail establishment or MTC agent shall immediately inspect the individual's proof of identification and determine that the individual is 21 years of age or older. If the individual is under 21 years of age but 18 years of age or older, the individual shall not be admitted unless he or she produces an active Medical Use of Marijuana Program registration card. If the individual is under 18 years of age, the individual shall not be admitted unless he or she produces an active Massachusetts Medical Use of Marijuana Program registration card and is accompanied by a personal caregiver with an active Massachusetts Medical Use of Marijuana Program registration card and legally acceptable proof of identification.
(c)
Marijuana retailers shall not sell, distribute or offer for sale or distribution of marijuana or marijuana products in a quantity that exceeds the limits established by 935 CMR 500 or other applicable law.
(d)
Marijuana retailers shall not distribute marijuana or marijuana products free of charge or in connection with a commercial or promotional endeavor within the Town of Hull. Such endeavors include, but are not limited to, product "giveaways", or distribution of marijuana or marijuana products as an incentive, prize or bonus in a game, contest or tournament involving skill or chance.
(e)
Marijuana retailers are prohibited from use of on-site self-service displays. Self-service displays are defined to mean displays from which customers may select marijuana or marijuana products without assistance from an employee or store personnel, and include vending machines.
(f)
Unless provided otherwise by Town-wide vote pursuant to G.L. c. 94G, § 3(b), and approved as part of a license issued hereunder, no marijuana retailer shall allow consumption of marijuana products in the interior or exterior premises of the establishment. In the event that on-premises consumption is voted pursuant to G.L. c. 94G, § 3(b), Marijuana Social Consumption Operators must obtain a license to do so from the Town or an amendment to its existing license and abide by all State and local requirements for marijuana retail establishments or MTCs, including those pertaining to identification verification prior to entry. In no event shall Marijuana Social Consumption Operators permit the smoking of marijuana or marijuana products on the premises. "Smoking" is defined to mean the lighting of or having in one's possession any lighted cigarette, cigar, pipe or other product designed to be combusted and inhaled. The activation of or inhalation of vapor from an e-cigarette or other similar device shall be considered smoking.
(g)
To the extent such a prohibition is permitted by law, delivery of marijuana to consumers is prohibited in the Town. This prohibition shall not apply any lawful delivery from a RMD.
C.
Security-Specific Requirements
(1)
Marijuana retail establishments or MTCs shall secure every entrance to the establishment so that access to areas containing marijuana is restricted to employees and others permitted by the marijuana retail establishment or MTC to access the area and to agents of the CCC or state and local law enforcement and inspectional officers and emergency personnel.
(2)
Marijuana retail establishments or MTCs shall secure their inventory and equipment during and after operating hours to deter and prevent theft of marijuana, marijuana products and marijuana accessories.
(3)
Marijuana retail establishments or MTCs shall file an emergency response plan with the fire department and police department and share their security plan and procedures and any updates to them in the event they are modified.
(4)
A recordable video system as approved by the Chief of Police shall be operational at all times the establishment is open in a minimum of such areas as directed by the Chief of Police, and such recordings shall be maintained by the establishment and available to all regulatory authorities for a minimum of 30 days.
D.
Access to Premises and Information/Reporting/Record-Keeping
(1)
Marijuana retail establishments or MTCs shall consent to unannounced, unscheduled, periodic inspections of its premises by the Special Permit Granting Authority (SPGA) and agents of the SPGA, from the Licensing Authority, Building, Health, Police and Fire Departments (which, when conducted by the Police Department, shall be by a sworn police officer holding the rank of Sergeant or higher) during normal business hours to determine the establishment's compliance with the requirements of applicable state and local laws, regulations, codes, license and permit conditions, and this section. In addition, routine inspections may be made on week-days during regular Town business hours by authorized inspectional departments to determine compliance with applicable state and local laws, regulations, codes and license and permit conditions. Inspections by the authorized inspectional departments may be made at other times to investigate complaints or suspected non-compliance issues. Inspections may include all areas occupied, used or controlled by the establishment. Facilities requiring inspections or re-inspections are subject to applicable inspection or re-inspection fees. Inspections shall be conducted in conformity with applicable federal, state and local law.
(2)
Marijuana retail establishments or MTCs shall cooperate and comply with requests for information made by the SPGA and Town agents from the Licensing Authority, Planning, Building, Health, Police, Fire and Public Works Departments.
(3)
Within 24 hours of receipt of notice of it, the marijuana retail establishment or MTC shall file with the Town Manager, Police and Fire Chiefs, Director of Public Health and the Building Commissioner any summary cease-and-desist order, cease-and-desist order, quarantine order, suspension order, revocation order, order limiting sales, deficiency statement, plan of correction, notice of a hearing, notice of any other administrative process or legal action, denial of a license, denial of a renewal of a license, or final action issued by a state or federal agency [including, but not limited to, the CCC and Massachusetts Department of Public Health (DPH)] regarding the marijuana retail establishment or MTC, the CCC license, or the DPH Certificate of Registration. Any unusual or out-of-the-ordinary event happening at the location or involving the business shall similarly be reported to the Town.
[Amended 5-8-2021 ATM by Art. 6B; 5-6-2024 ATM by Art. 32-B]
A.
This subsection applies to marijuana retail establishments or MTCs that receive licenses to operate from the CCC.
B.
No person shall operate a marijuana retail establishment or MTC within the Town unless licensed to do so by the Select Board ("Board"). Unless the Board states otherwise, a marijuana retail establishment or MTC license shall be valid for a term of one year from the first day of January and shall expire on December 31 of that year. Licenses issued for a period starting after January 1 shall expire on December 31. Each day of operation without a marijuana retail establishment or MTC license shall constitute a separate violation.
C.
A marijuana retail establishment or MTC license shall be subject to the marijuana retail establishment's or MTC's compliance with Massachusetts and Town laws, by-laws, regulations, and codes, including, but not limited to, 935 CMR 500, the Town's Zoning By-Law,[1] and any Town regulations adopted pursuant to this By-Law, and with any conditions placed on the marijuana retail establishment's or MTC's license. A license shall be subject to the marijuana retail establishment's or MTC's compliance with this bylaw and with any conditions placed on the marijuana retail establishment's or MTC's license.
D.
The Board may issue regulations for the implementation of this By-Law. Said regulations may include further licensing procedures, including for original applications, renewals, transfers of licenses and locations and other license matters, and may establish fees for same, including inspection and re-inspection fees.
E.
The Board shall specify the process and forms to be used by applicants for new and renewed marijuana retail establishment or MTC licenses.
F.
The Board or its designee may inspect a marijuana retail establishment or MTC and affiliated vehicles prior to the issuance of a marijuana retail establishment or MTC license or renewal of a license.
G.
All areas of a marijuana retail establishment or MTC may be subject to inspection consistent with applicable law.
H.
Marijuana retail establishments or MTCs will post the Town license and all other licenses in a conspicuous place where it can be easily read.
I.
The Board may, to the extent permitted under applicable law, consider whether an applicant for a license is a suitable and responsible license candidate and other aspects of the application as may be necessary to implement the purposes of this By-Law. An applicant's non-compliance with Massachusetts and Town laws, bylaws, regulations, and codes, including, but not limited to, 935 CMR 500, the Town's Zoning By-Law,[2] its general bylaws, with any Town regulations and with any conditions on a license may be cause for denial, suspension or revocation of an application for a new or renewed marijuana retail establishment or MTC license.
This By-Law shall not be implemented in a manner that conflicts or interferes with the Massachusetts General Laws chapter 94G or 94I or with the regulations promulgated thereunder, including 935 CMR 500.
The Police Department shall enforce this Bylaw. The fine for violation of this Bylaw shall be $300 for each offense. Any violation of this Bylaw may, in the sole discretion of the enforcing agent, be made the subject matter of noncriminal disposition proceedings commenced by such agent under G.L. c. 40, § 21D and Chapter 1 of the Code/Bylaws of the Town. Each day of a continuing violation shall count as a separate violation. Any fine imposed hereunder shall be in addition to any civil penalty imposed under G.L. c. 94C.
Any clause, section or part of this chapter determined to be invalid by any court or authority of competent jurisdiction for any reason shall be severable from any other clause, section or part without affecting the validity of that which remains.
[Adopted 2-12-2018 STM by Art. 6]