[Added 10-16-2017 ATM by Art. 27; amended 6-25-2018 STM by Art. 2]
A.
Purpose.
(1)
On November 8, 2016, the voters of the Commonwealth approved a law
regulating the cultivation, processing, distribution, possession and
use of marijuana for recreational purposes (new MGL c. 94G, Regulation
of the Use and Distribution of Marijuana Not Medically Prescribed).
The law, which allows certain personal use and possession of marijuana,
took effect on December 15, 2016 (as amended on December 30, 2016,
by Chapter 351 of the Acts of 2016 and thereafter, on July 28, 2017,
by Chapter 55 of the Acts of 2017). The Cannabis Control Commission
issued regulations on March 23, 2018, regarding recreational (nonmedical)
use of marijuana and has begun accepting applications for licensing
of non-medical marijuana establishments.
(2)
Currently under the Zoning Bylaw, a non-medical Marijuana Establishment
(hereinafter, a "Recreational Marijuana Establishment"), as defined
in MGL c. 94G, § 1 and 935 CMR 500, is not specifically
addressed in the Zoning Bylaw. Regulations promulgated by the Cannabis
Control Commission provide guidance on certain aspects of local regulation
of Recreational Marijuana Establishments. The regulation of recreational
marijuana raises novel legal, planning, and public safety issues,
and the Town needs time to study and consider the regulation of Recreational
Marijuana Establishments and address such issues, as well as to address
the potential impact of the state regulations on local zoning and
to undertake a planning process to consider amending the Zoning Bylaw
regarding regulation of Recreational Marijuana Establishments. The
Town intends to adopt a temporary moratorium on the use of land and
structures in the Town for Recreational Marijuana Establishments so
as to allow sufficient time to address the effects of such structures
and uses in the Town and to enact bylaws in a consistent manner. The
Town already has considered and evaluated the impacts of marijuana
cultivators and marijuana product manufacturers, which shall be excluded
from this moratorium.
B.
RECREATIONAL MARIJUANA ESTABLISHMENT
Definition.
An independent testing laboratory, marijuana retailer or
any other type of licensed marijuana-related business as such terms
are defined in 935 CMR 500.02, but for purposes of this moratorium
shall not include a marijuana cultivator or marijuana product manufacturer.
C.
Temporary moratorium. For the reasons set forth above and notwithstanding
any other provision of the Zoning Bylaw to the contrary, the Town
hereby adopts a temporary moratorium on the use of land or structures
for a Recreational Marijuana Establishments, and other uses related
to recreational marijuana, excluding marijuana cultivators and marijuana
product manufacturers. The moratorium shall be in effect through December
31, 2018, or until such time as the Town adopts Zoning Bylaw amendments
that regulate Recreational Marijuana Establishments, whichever occurs
earlier. During moratorium period, the Town shall undertake a planning
process to address the potential impacts of recreational marijuana
in the Town, and to consider the Cannabis Control Commission regulations
regarding Recreational Marijuana Establishments, and shall consider
adopting new Zoning Bylaws in response to these new issues at the
regularly scheduled Fall Annual Town Meeting.
