[Added 5-13-2014 ATM, approved 6-30-2014]
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]
It is recognized that medical marijuana treatment centers and off-site medical marijuana dispensaries may have objectionable operational characteristics and should be located in such a way as to ensure the health, safety, and general well-being of the public as well as patients seeking treatment. The specific and separate regulation of registered marijuana dispensaries (hereafter referred to as an "RMD") as medical marijuana treatment centers and off-site medical marijuana dispensary (hereafter referred to as an "OMMD") facilities is necessary to advance these purposes and ensure that such facilities are not located within close proximity of minors and households in the Town of Longmeadow. Subject to the provisions of this Zoning Bylaw, Chapter 40A of the Massachusetts General Laws, and 935 CMR 501.000, registered marijuana dispensaries and off-site medical marijuana dispensaries shall be permitted to provide medical support, security, and physician oversight that meet or exceed state regulations as established by the Massachusetts Cannabis Control Commission (hereafter referred to as "Cannabis Control Commission").
In addition to the standard requirements for uses permitted by site and design approval, the following shall also apply to all registered marijuana dispensaries and off-site medical marijuana dispensaries:
A. 
Use.
(1) 
RMD and OMMD facilities may only be involved in the uses permitted by its definition and may not include other businesses or services.
(2) 
No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises.
(3) 
The hours of operation shall be set by the Planning Board, but in no event shall an RMD or OMMD facility be open to the public, and no sale or other distribution of marijuana shall occur upon the premises or via delivery from the premises, between the hours of 8:00 p.m. and 8:00 a.m.
(4) 
RMD facilities that can demonstrate that they comply with the agricultural exemption under MGL c. 40A, § 3, must still apply for site and design approval.
B. 
Physical requirements.
(1) 
All aspects of the use/facility relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.
(2) 
No outside storage is permitted.
(3) 
No OMMD facility shall have a gross floor area in excess of 2,500 square feet.
(4) 
Ventilation. All RMD and OMMD facilities shall be ventilated in such a manner that no:
(a) 
Pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere; and/or
(b) 
Odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property.
(5) 
Signage shall be displayed on the exterior of the RMD and OMMD facility's entrance in plain sight of clients stating that "Registration Card issued by the MA Cannabis Control Commission required" in text two inches in height.
C. 
Location.
(1) 
No RMD or OMMD facility shall be located on a parcel which is within 300 feet (to be measured in a straight line from the nearest points of each property line) of parcel occupied by a public or private elementary, junior high, middle, vocational or high school, college, junior college, university or child-care facility or any other use in which children commonly congregate in an organized ongoing formal basis.
(2) 
No RMD or OMMD facility shall be located on a parcel which is within 300 feet (to be measured in a straight line from the nearest points of each property line) of a residential use.
D. 
Reporting requirements.
(1) 
All site and design approval holders for an RMD or OMMD facility shall provide the Police Department, Fire Department, and Building Commissioner with the names, phone numbers and email addresses of all management staff and key holders, including a minimum of two operators or managers of the facility identified as contact persons to whom one can provide notice if there are operating problems associated with the establishment. All such contact information shall be updated as needed to keep it current and accurate.
(2) 
The local Building Commissioner, Board of Health, Police Department, Fire Department and Planning Board shall be notified, in writing, by an RMD or OMMD facility owner/operator/manager:
(a) 
A minimum of 30 days prior to any change in ownership or management of that facility.
(b) 
A minimum of 12 hours following a violation or potential violation of any law or any criminal or potential criminal activities or attempts of violation of any law at the RMD or OMMD.
(3) 
Permitted RMD and OMMD facilities shall file an annual report to and appear before the Planning Board no later than January 31, 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 site and design approval.
(4) 
The owner or manager is required to respond by phone or email within 24 hours of contact by a Town official concerning their RMD or OMMD at the phone number or email address provided to the Town as the contact for the business.
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]
E. 
Issuance/transfer/discontinuance of use.
(1) 
Site and design approvals shall be issued to the RMD operator.
(2) 
Site and design approvals shall be issued for a specific site/parcel.
(3) 
Site and design approvals shall be nontransferable to either another RMD operator or site/parcel.
(4) 
Site and design approvals shall have a term limited to the duration of the applicant's ownership/control of the premises as a RMD or OMMD, and shall lapse if:
(a) 
The permit holder ceases operation of the RMD; and/or
(b) 
The permit holder's registration by the Cannabis Control Commission expires or is terminated.
(5) 
The permit holder shall notify the Zoning Enforcement Officer and Planning Board, in writing, within 48 hours of such lapse, cessation, discontinuance or expiration.
(6) 
An RMD or OMMD facility shall be required to remove all material, plants equipment and other paraphernalia prior to surrendering its state registration or ceasing its operation.
In addition to the standard application requirements for site and design approvals, such applications for an RMD or OMMD facility shall include the following:
A. 
The name and address of each owner of the RMD or OMMD facility/operation.
B. 
A copy of its registration as an RMD from the Massachusetts Cannabis Control Commission or documentation that demonstrates that said RMD or OMMD facility, and its owner/operators, qualify and are eligible to receive a certificate of registration and meet all of the requirements of a RMD in accordance with 935 CMR 501.000 of the Massachusetts Cannabis Control Commission.
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]
C. 
Evidence that the applicant has site control and right to use the site for a RMD or OMMD facility in the form of a deed or valid purchase and sales agreement or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement.
D. 
A notarized statement signed by the RMD or OMMD organization's chief executive officer and corporate attorney disclosing all of its designated representatives, including officers, directors, shareholders, partners, members, managers, 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 all such responsible individual persons.
E. 
In addition to what is normally required in a site and design review, details showing all exterior proposed security measures for the RMD or OMMD, including lighting, fencing, gates and alarms, etc., ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity.
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]
F. 
A detailed floor plan identifying the areas available and functional uses (including square footage).
G. 
All signage being proposed for the facility.
H. 
A traffic study to establish the RMD or OMMD impacts at peak demand times.
I. 
A management plan including a description of all activities to occur on site, including all provisions for the delivery of medical marijuana and related products to OMMDs or off-site direct delivery to patients.
In addition to the standard findings for site and design approval, the Planning Board must also find all the following:
A. 
That the RMD or OMMD facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest.
B. 
That the RMD or OMMD facility demonstrates that it will meet 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.
C. 
That the applicant has satisfied all of the conditions and requirements of this article and other applicable sections of this bylaw.
D. 
That the RMD or OMMD project meets a demonstrated need.
E. 
That the RMD or OMMD facility 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.
F. 
That the RMD or OMMD facility adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the facility, and its impact on neighboring uses.