[HISTORY: Adopted by the Board of Health of the Town of Plainville
1-23-2019. Amendments noted where applicable.]
A.
Whereas, Massachusetts voters approved the regulation of the use
and distribution of marijuana not medically prescribed on November
8, 2016 pursuant to Chapter 344 of the Acts of 2016, as amended by
Chapter 55 of the Acts of 2017, an Act to Ensure Safe Access to Marijuana;
and
B.
Whereas, the prevention of the illegal sale and use of marijuana,
particularly involving youth is a public health priority; and
C.
Whereas, the state regulation at 935 CMR 500.000 allows for lawful
local oversight and regulation, including local fee requirements;
and
D.
Whereas, Chapter 55 Acts of 2017 specifically allows municipalities
to "adopt ordinances and by-laws that impose reasonable safeguards
on the operation of marijuana establishments" specifically related
to "the time, place, and manner of marijuana establishment operations
and of any business dealing with marijuana accessories," provided
that such restrictions "are not unreasonably impracticable and are
not in conflict" with the state statute or regulations regulating
to marijuana sales.
E.
Whereas, local oversight and inspection of adult-use marijuana establishments
is within the legal authority of local boards of health to protect
public health, safety and welfare; and
F.
Whereas, local oversight and inspection of marijuana establishments
is within the legal authority of local boards of health to protect
public health, safety and welfare; and
G.
Whereas the Massachusetts Supreme Judicial Court had held that" .
. . [t]he right to engage in business must yield to the paramount
right of government to protect public health by any rational means."
[Druzik et al v. Board of Health of Haverhill, 324 Mass. 129 (1949)]
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Therefore, in furtherance of its mission to protect, promote,
and preserve the health and well-being of all Plainville residents
and pursuant to the authority granted to it pursuant to MGL c. 111,
§ 31, the Board of Health of Plainville enacts a Regulation
to Ensure the Sanitary and Safe Operations of Marijuana Establishments
and the Sale of Marijuana in the Town of Plainville as follows:
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A.
Unless otherwise indicated, terms used throughout this regulation
shall be defined as they are in 935 CMR 500.000 and in General Law,
Chapter 94, § 1.
B.
ADULT-ONLY RETAIL TOBACCO STORE
BOARD OF HEALTH
BOARD OF HEALTH AGENT
BUSINESS AGENT
EDIBLE MARIJUANA PRODUCTS
MARIJUANA
(1)
(2)
MARIJUANA ACCESSORIES
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCTS
MINIMUM LEGAL SALES AGE
NONRESIDENTIAL ROLL-YOUR-OWN (RYO) MACHINE
OPERATING PERMIT HOLDER
PERSON
SELF-SERVICE DISPLAYS
VENDING MACHINE
In addition, for the purposes of this regulation, the following words
shall have the following meanings:
An establishment that is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale but
not for resale, tobacco products and tobacco paraphernalia, and in
which the entry of persons under the minimum legal sales age is prohibited
at all times, and maintains a valid permit for the retail sale of
tobacco products as required to be issued by the Plainville Board
of Health.
Town of Plainville Board of Health and its designated Board
of Health agents.
The Health Agent and any Town employee designated by the
Board of Health, which will include Board of Health and/or Board of
Health staff, and may include law enforcement officers, fire officials
and code enforcement officials.
An individual who has been designated by the owner or operator
of any marijuana establishment to be the manager or otherwise in charge
of said establishment.
A marijuana product that is to be consumed by humans by eating
or drinking.
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 of the General Laws.
"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.
Equipment, products, devices or materials of any kind that
are intended or designed for use in ingesting, inhaling or otherwise
introducing marijuana into the human body.
A marijuana cultivator, marijuana testing facility, marijuana
product manufacturer, or any other type of marijuana-related business
licensed by the Cannabis Control Commission pursuant to 935 CMR 500.050
as a marijuana cultivator, craft marijuana cooperative, marijuana
product manufacturer, independent marijuana testing laboratory, storefront
marijuana retailer, delivery-only marijuana retailer, marijuana primary
social consumption establishment, marijuana mixed-use social consumption
establishment, marijuana research facility, marijuana transporter
and marijuana micro-business.
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 age an individual must be before that individual can
be sold a marijuana product in the municipality.
A mechanical device made available for use (including to
an individual who produces rolled marijuana products solely for the
individual's own personal consumption or use) that can make rolled
marijuana products. RYO machines located in private homes used for
solely personal consumption are not nonresidential RYO machines.
Any person engaged in the cultivation, sale, distribution
or delivery of marijuana who applies for and receives an operation
permit, or any person who is required to apply for an operation permit
pursuant to these regulations, or his or her business agent.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including but not limited to
an owner, operator, manager, proprietor or person in charge of any
establishment, business, cultivation property or retail store.
Any display from which customers may select marijuana or
a marijuana-infused product without assistance from an establishment.
Any automated or mechanical self-service device, which upon
insertion of money, tokens or any other form of payment, dispenses
or makes marijuana products.
A.
No person shall sell marijuana or marijuana products, or permit marijuana
or marijuana products, as defined herein, to be sold to an individual
under the minimum legal sales age; or give marijuana or marijuana
products, as defined herein, to an individual under the minimum legal
sales age. The minimum legal sales age in Plainville is 21.
B.
Each person selling or distributing marijuana or marijuana products,
as defined herein, shall verify the age of the purchaser by means
of a valid government-issued photographic containing the bearer's
date of birth that the purchaser is 21 years of age or older.
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 as well as the age limitation
set forth herein.
D.
No person shall sell marijuana accessory or permit marijuana accessory,
as defined therein, to be sold to a person under the minimum legal
sales age: or give marijuana products, as defined herein, to a person
under the minimum legal sales age. The minimum legal sales age in
the Town of Plainville is 21.
A.
No person shall gift marijuana or marijuana products to a consumer
contingent upon the sale of any other product.
B.
No person shall accept or redeem, offer to accept or redeem, or cause
or hire any person to accept or redeem or offer to accept or redeem
any coupon that provides any marijuana product without charge.
C.
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.
D.
A retail marijuana establishment shall sell primarily marijuana and
marijuana accessories. The sale of other products must be merely incidental.
A retail marijuana establishment is prohibited from applying for or
otherwise holding tobacco sales permit. A retail marijuana establishment
is also prohibited from holding a liquor license or selling or distributing
any alcoholic beverage in any form.
E.
The sale or distribution of edible marijuana products in any form
other than an original factory-wrapped package is prohibited, including
the repackaging or dispensing of any edible marijuana product for
retail sale.
F.
All self-service displays of marijuana and marijuana products are
prohibited.
G.
All vending machines containing marijuana and marijuana products
are prohibited.
H.
An adult-only retail tobacco store and a marijuana operating permit
holder may not offer for sale nonresidential roll-your-own machines.
I.
Marijuana accessories, as defined herein, shall only be sold in marijuana
establishments and adult-only tobacco stores as defined herein.
J.
Any consumption or use of marijuana products, including the sampling
of products, on the premises of a marijuana establishment or a retail
marijuana establishment, is prohibited.
A.
No person shall sell, cultivate, deliver or otherwise commercially
distribute marijuana products, as defined herein, within the Town
of Plainville without first obtaining a marijuana operating permit
issued annually by the Plainville Board of Health. Only owners of
establishments with a permanent, nonmobile location in Plainville
are eligible to apply for an operating permit at the specified location
in the Town of Plainville except:
(1)
All applicants shall certify that they are in compliance with all
local and state laws, regulations (bylaws or ordinances) and be prepared
to show proof if requested.
(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 Plainville Board of Health.
B.
As part of the marijuana operating permit application process, the
applicant will be provided with the Plainville regulation. Each applicant
is required to sign a statement declaring that the applicant has read
said regulation and that the applicant is responsible for instructing
all employees who will be responsible for marijuana sales regarding
federal, state and local laws regarding the sale of marijuana and
this regulation.
C.
A marijuana establishment must submit a security plan for review
to the Plainville Police Department detailing all security measures
taken to ensure patient, consumer and community safety and eliminate
unauthorized access to the premises. The marijuana establishment must
supply the Plainville Board of Health with a letter from the Plainville
Police Chief approving the security plan.
D.
All marijuana establishment staff must be properly trained according
to 935 CMR 500.000. Certifications must be submitted to the Plainville
Board of Health prior to issuance of a permit.
E.
A marijuana operating permit is expressly conditioned upon the issuance
of a final license issued by the Cannabis Control Commission before
operations commence. Failure to obtain said license or revocation
of said license shall result in the immediate revocation of the marijuana
operating permit.
F.
A separate marijuana operating permit, displayed conspicuously, is
required for each marijuana establishment, the fee for which shall
be determined by the Plainville Board of Health annually.
G.
A marijuana operating permit is nontransferable. A new owner of a
marijuana establishment must apply for a new permit.
H.
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.
I.
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.
J.
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.
K.
All marijuana operating permits expire annually on December 31. No
permit renewal will be denied based on the requirements of this subsection
except any permit holder who has failed to renew his or her permit
within 30 days of expiration will be treated as a first-time permit
applicant.
L.
The Plainville Board of Health may require the distribution of additional
educational materials in marijuana establishments as a condition of
issuance of marijuana operating permit.
A.
The manufacture of all edible marijuana products and food products
containing marijuana shall be conducted in a state-licensed marijuana
manufacturing facility and in accordance with all applicable state
regulations. Marijuana establishments and agents shall comply with
105 CMR 500.000, Good Manufacturing Practices for Food, and 105 CMR
590.000, Minimum Sanitation Standards for Food Establishments, relative
to edible marijuana products.
B.
Incorporation of 935 CMR 500.00. Marijuana establishments and agents
shall comply with 935 CMR 500.000.
A.
All cultivation, processing, manufacturing, delivery, sale and use
of marijuana shall be conducted in compliance with all laws, ordinances,
regulations or policies applicable to similar activities. This shall
include, but not be limited to compliance with food service permit
requirements, secondhand smoke regulations, electronic cigarette regulations,
nuisance laws and all requirements associated with zoning and other
local permitting.
B.
In no instance shall a marijuana operating permit be issued to any
establishment within 500 feet of the grounds of or within a public
or private elementary school, middle school, secondary school, preparatory
school, licensed day-care center, or any other facility in which children
commonly congregate in an organized ongoing formal basis; or property
owned by and operated as part of the campus of any private or public
institution of higher learning; or a public library; or a playground
or park. (Note: This does not include undeveloped conservation land.)
The 500-foot distance shall be measured in a straight line from the
nearest point of the property line in question to the nearest property
line of the proposed marijuana establishment.
C.
The cultivation, processing, manufacturing, delivery, sale and use
of marijuana shall not exempt any person or entity from complying
with all state and local laws, ordinances, bylaws, regulations and
policies. Violation of any other such law shall constitute a violation
of this regulation and be subject to the fines and penalties described
herein. Nothing in this regulation gives any immunity under federal
law or poses an obstacle to federal enforcement of federal law.
A.
Authority to inspect marijuana establishments for compliance and
to enforce this regulation shall be held by the Plainville Board of
Health, its designees and the Plainville Police Department.
B.
Any person may register a complaint under this regulation to initiate
an investigation and enforcement with the Plainville Board of Health
and its designees. Unscheduled compliance inspections shall be conducted
at a minimum of two inspections annually.
C.
It shall be the responsibility of the marijuana operating permit
holder and/or business agent to ensure compliance with all applicable
sections of this regulation. Any marijuana establishment found to
be in violation of the provisions of these regulations may receive
a written warning citation, a fine, a marijuana operating permit suspension,
a marijuana operating permit revocation.
D.
Any permit holder or any person or entity charged with violation
of any provision of this regulation shall receive a notice of violation
from the Plainville Board of Health or its designated agent. Unless
waived by the permit holder, the Board of Health shall conduct a hearing
to determine the facts of the violation, the appropriate corrective
actions, the terms of suspension, if any, and/or issue a permit revocation
order.
E.
Prior to issuing any suspension or revocation, the Board of Health
shall provide notice of the intent to suspend or revoke a permit,
which notice shall contain the reasons therefor and establish a time
and date for a hearing, 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 such hearing and shall be notified of the
Board of Health's decision and the reasons therefor in writing.
After a hearing, the Plainville Board of Health may suspend or revoke
the permit if the Board of Health finds that a violation of this regulation
occurred.
F.
Whoever violated any provisions of this regulation may be penalized
by the noncriminal method of disposition as provided in MGL c. 40
§ 21D.
G.
Each day any violation exists shall be deemed to be a separate offense.
A.
A variance from this regulation may be requested in writing to the
Plainville Board of Health. A variance may be granted by the Plainville
Board of Health after a hearing at which time the applicant establishes
the following:
B.
The Board of Health may impose any conditions, safeguards and other
limitations on a variance when it deems it appropriate to protect
the public health and safety or the environment.
If any provision of this regulation is declared invalid or unenforceable,
the provisions shall not be affected thereby but shall continue in
full force and effect.
This regulation shall take effect immediately upon passage by
the Board of Health.
