[Amended 4-12-2022]
The purpose of this article is:
A. 
To provide for the establishment of medical marijuana treatment centers known as "registered marijuana dispensaries" (hereinafter "RMDs") in appropriate places and under strict conditions in accordance with the Acts of 2012, Chapter 369, entitled "An Act for the Humanitarian Use of Marijuana".[1]
[1]
Editor's Note: See MGL c. 94I.
B. 
To minimize the adverse impacts of RMDs on adjacent properties, residential neighborhoods, schools and other places where children congregate and other land uses potentially incompatible with said RMDs.
C. 
To regulate the siting, design, placement, safety, monitoring, modification and removal of RMDs.
A. 
The cultivation (unless it meets the requirements for an agricultural exemption under MGL c. 40A, § 3) production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as an RMD under this article.
B. 
No RMD shall be established except in compliance with the provisions of this article.
C. 
Nothing in this bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.
D. 
If any provision of this article or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this article, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this article are severable.
RMDs, other than agricultural operations meeting exemption standards under MGL c. 40A, § 3, may be allowed by special permit of the Planning Board in the Industrial Garden Park District, provided the facility otherwise meets the requirements of this article. Operations under MGL c. 40A, § 3 must meet all of the general requirements for a site plan review.
A. 
All RMDs shall be contained within a building or structure in which there will be no windows.
[Amended 4-12-2022]
B. 
No RMD shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet.
C. 
An RMD may not be located in buildings that contain any medical doctor's offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.
D. 
The hours of operation of RMDs shall be set by the special permit granting authority, but in no event shall said RMDs be open and/or operating between the hours of 8:00 p.m. and 8:00 a.m.
E. 
No RMD shall be located within 300 feet of any existing residence or residential zoning district.
F. 
No RMD shall be located within 1,000 feet of any of the following preexisting structures or uses:
(1) 
Any school attended by children under the age of 18;
(2) 
Any licensed child-care facility;
(3) 
Any drug or alcohol rehabilitation facility;
(4) 
Any half-way house or similar facility; or
(5) 
Any other RMD.
G. 
No RMD shall be located within 500 feet of the following preexisting structures or uses:
(1) 
Any church;
(2) 
Any school;
(3) 
Any park, not to include the rail trail/bicycle path;
(4) 
Any playground;
(5) 
Any athletic playing field; or
(6) 
Any youth center.
H. 
No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of an RMD.
I. 
Signage for the RMD shall include the following language: "Registration card issued by the Massachusetts Department of Public Health Required." The required text shall be a minimum of two inches in height.
J. 
RMDs shall provide the East Longmeadow Police Department and Building Commissioner with the names, phone numbers and email addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment.
K. 
RMDs shall provide the East Longmeadow Police Department and the East Longmeadow Fire Department with a detailed security report as to how the security for the site will be provided.