Town of Southampton, MA Chapter 193 Marijuana

[HISTORY: Adopted by the Town Meeting of the Town of Southampton 2-5-2019 (Art. XLVI of the General Bylaws). Amendments noted where applicable.]

§ 193-1 Limitation on adult use marijuana retailers.

[Amended 5-9-2023 ATM by Art. 31]

The number of adult use marijuana retailers, as defined in MGL c. 94G, § 1, permitted to be located within the Town of Southampton shall not exceed 50% of the number of licenses issued within the Town for the retail sale of alcoholic beverages not to be drunk on the premises where sold under MGL c. 138. For the purposes of determining this number, any fraction shall be rounded up to the next highest whole number.

§ 193-2 Public consumption of marijuana or tetrahydrocannabinols prohibited.

A. No person shall inhale, ingest, or otherwise use or consume marijuana or THC with the exception of prescribed medical marijuana or tetrahydrocannabinols (THC) in all forms (as defined in MGL c. 94C, § 1, as amended) while in or upon any public place, including but not limited to any public or private street to which the public has a right of access, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the Town; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place to which members of the public have access as invitees or licensees, or in or upon any other place accessible to the public. Whoever is found in violation of this bylaw shall, when requested by an official authorized to enforce this bylaw, state their true name and address to such official.

B. This bylaw may be enforced by any police officer of the Town through any lawful means in law or in equity, including, but not limited to, enforcement by criminal indictment or complaint pursuant to MGL c. 40, § 21, or by noncriminal disposition pursuant to MGL c. 40, § 21D. The fine for violation of this bylaw shall be as provided in Chapter 203, Noncriminal Disposition. Any penalty imposed under this bylaw shall be in addition to any civil penalty imposed under MGL c. 94C, § 32L.

[Amended 5-9-2023 ATM by Art. 31]

C. This bylaw shall not alter or affect the jurisdiction of the Board of Health under the provisions of MGL c. 111, § 31, or any other applicable law, including but not limited to the regulation of combustion and inhalation of tobacco and non-tobacco products in workplaces and public spaces in the Town.