[HISTORY: 5-12-2014 STM by Art. 1; 11-16-2015 STM by Art. 1]
WHEREAS, the registered voters in the Commonwealth of Massachusetts voted in November 2012 approved the medical use of marijuana in certain circumstances, which was subsequently codified as the "Humanitarian Medical Use of Marijuana Act" ("Act"), Chapter 369 of the Acts of 2012 (see also M.G.L. c. 94C, App.§ 1-1 et seq.);
WHEREAS, the Massachusetts Department of Public Health ("DPH") subsequently adopted state regulations governing the medical use of marijuana under 105 CMR 725.000, entitled the "Implementation of an Act for the Humanitarian Medical Use of Marijuana" ("Regulations");
WHEREAS, the prevention of the illegal sale, distribution and use of marijuana, particularly by the youth of the Town of Norwood ("Town") and persons who are not qualifying patients or their caregivers, is consistent with the preservation of the public health, safety and welfare;
WHEREAS, Registered Marijuana Dispensaries (also known as Medical Marijuana Treatment Centers) and similar entities in other jurisdictions have been found to present unique and challenging threats to public health and safety;
WHEREAS, 105 CMR 725.600(A) expressly requires a Registered Marijuana Dispensary and other registered persons to comply with all local rules, regulations, ordinances and by-laws;
WHEREAS, 105 CMR 725.600(B) authorizes lawful local oversight and regulation of Registered Marijuana Dispensaries, qualifying patients with hardship cultivation registrations, and any other aspects of marijuana for medical use, including fee requirements, provided that such oversight and regulation does not conflict or interfere with the operation of 105 CMR 725.000;
WHEREAS, reasonable and effective local oversight of the medical use of marijuana, including the acquisition, cultivation, possession, processing, transfer, transport, sale, distribution, dispensing, use, and administration, is needed to protect the public health, safety and welfare, while ensuring legitimate patient access; and
WHEREAS, the Town aims to abide by the goals of the Act and the Regulations and ensure that Registered Marijuana Dispensaries and their Dispensary Agents abide by further local requirements to ensure the safety of the residents of the Town and the public at large;
NOW, THEREFORE, it is the intention of the Town to regulate the medical use of marijuana and to protect, promote, and preserve the health and wellbeing of all Town residents, particularly the most vulnerable.
For the purpose of this by-law, the following words shall have the following meanings:
BLUNT WRAP
Any tobacco product manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer with loose tobacco or other fillers.
BUSINESS AGENT
An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment.
CARD HOLDER
A registered qualifying patient, a personal caregiver, or a Dispensary Agent of an RMD, who has been issued and possesses a valid registration card issued by DPH. Cultivation Registration: A registration issued to an RMD or to a registered qualifying patient or personal caregiver for cultivation of marijuana for medical use, in accordance with the Act and the Regulations.
CIGAR
Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under Massachusetts General Laws Chapter 64C, Section 1, Paragraph 1.
DPH
The Massachusetts Department of Public Health or its successor agency.
DISPENSARY AGENT
A board member, director, employee, executive, manager, or volunteer of an RMD, who is at least twenty-one (21) years of age.
E-CIGARETTE
Any electronic nicotine delivery product composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of solid nicotine or any liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
EMPLOYEE
Any individual who performs services for an RMD, and includes a consultant or contractor who provides on-site services to an RMD related to the cultivation, harvesting, preparation, packaging, storage, testing or dispensing of marijuana.
ENCLOSED, LOCKED FACILITY
A closet, room, greenhouse, or other indoor or outdoor area equipped with locks or other security devices, accessible only to Dispensary Agents, registered qualifying patients, or personal caregivers.
HARDSHIP CULTIVATION REGISTRATION
A registration issued to a registered qualifying patient by DPH, in accordance with the requirements of 105 CMR 725.035 (or its successor regulation).
LICENSE TO OPERATE AN RMD (hereafter referred to as "License")
A license issued by the Town, through its Board of Selectmen, to be renewed annually, required by the Town for operating an RMD.
LICENSE HOLDER
Any person who is required to apply for and hold a License pursuant to this by-law.
MARIJUANA
All parts of the plant Cannabis sativa L., 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. It does 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, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. The term also includes marijuana-infused products ("MIPs") except where the context clearly indicates otherwise.
MEDICAL MARIJUANA TREATMENT CENTER
A not-for-profit entity registered under 105 CMR 725.100, to also be known as a registered marijuana dispensary ("RMD"), that acquires, cultivates, possesses, processes (including development of related products such as edible MIPs, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
NICOTINE DELIVERY PRODUCT
Any manufactured article or product made wholly or in part of a tobacco substitute or containing nicotine that is expected or intended for human consumption, but not including a product approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is being marketed and sold solely for that approved purpose. Nicotine delivery products include, but are not limited to, e-cigarettes.
NON-RESIDENTIAL ROLL-YOUR-OWN ("RYO") MACHINE
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 is capable of making rolled marijuana products. RYO machines located in private homes used for solely personal consumption are not Non-Residential RYO machines.
REGISTRATION CARD
A personal identification card issued by DPH to a qualifying patient, personal caregiver, or Dispensary Agent.
SELF-SERVICE DISPLAY
Any display from which customers may select a marijuana product without assistance from a Dispensary Agent or store personnel.
SIXTY-DAY SUPPLY
The amount of marijuana that a qualifying patient would reasonably be expected to need over a period of sixty (60) days for their personal medical use, as defined by DPH.
SMOKING
The lighting of a cigar, cigarette, pipe or other tobacco product or possessing a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product designed to be combusted and inhaled (including without limitation products containing marijuana).
TOBACCO PRODUCT
Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff, blunt wraps or tobacco in any of its forms.
VENDING MACHINE
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 operate an RMD within the Town without first obtaining a license. The license shall expire annually on December 31. The Board of Selectmen shall issue a license if the RMD files a completed license application, accompanied with the applicable license fee, and demonstrates compliance with the provisions of this by-law, the Act, and the Regulations. The requirements contained herein apply to initial and renewal license applications.
B. 
Only RMDs with a permanent, non-mobile location in the Town, in full compliance will all applicable zoning requirements, are eligible to apply for a license.
C. 
As part of the license application process, the applicant will be provided with a copy of this by-law. Each applicant is required to sign a statement declaring that the applicant has read said by-law and that the applicant is responsible for notifying any and all Dispensary Agents who will be employed by the RMD about this by-law.
D. 
Each license applicant is required to provide proof of a current certificate of registration for the RMD issued by DPH before a license can be issued.
E. 
Each license applicant shall file a copy of the operating procedures required by 105 CMR 725.105 (or its successor regulation) and any subsequent amendments to said operating procedures with the Board of Selectmen.
F. 
Each license applicant shall submit its security plans, policies and procedures to the Board of Selectmen, which shall be referred to the Chief of Police, or his or her designee, for review and comment. Said security plans and procedures shall describe all security measures undertaken by the RMD to ensure Card Holder and community safety and to eliminate unauthorized access to the premises of the RMD. Issuance of the license may be conditioned upon the applicant's compliance with any security measures required or recommended by the Board of Selectmen or the Chief of Police, or his or her designee.
G. 
Each license applicant shall connect its alarm system to a third party monitoring system, and notify the Chief of Police about said third party monitoring system.
H. 
An RMD providing home delivery must offer a secure patient or personal caregiver home delivery system for delivery of marijuana or marijuana products to every address within the Town's corporate limits and provides patient or personal caregiver home delivery service to any patient or personal caregiver residing in the Town who suffers a physical incapacity to access transportation as described by 105 CMR 725.035(A)(2) (or its successor regulation). Each license applicant shall submit its home delivery system plans, policies and procedures to the Board of Selectmen, which shall be referred to the Chief of Police, or his or her designee, for review and comment. Issuance of the license may be conditioned upon the applicant's compliance with any home delivery system measures required or recommended by the Board of Selectmen or the Chief of Police, or his or her designee.
I. 
The RMD shall obtain all required permits for construction of the area(s) where marijuana is cultivated, including growing- and harvesting-related activities. The RMD shall notify the Board of Selectmen, Police Department, Fire Department, Building Department, and Health Department of the specific location(s) for cultivation of marijuana and the manufacture of any marijuana products (including MIPs).
J. 
Each license applicant is required to provide the Board of Selectmen with proof of Registration Cards for its Dispensary Agents before a license can be issued.
K. 
At the time of license application, each license applicant shall certify, under the pains and penalties of perjury, that all Dispensary Agents affiliated with the RMD have had a Criminal Offender Registry Information ("CORI") check conducted by the appropriate state authority and that each said Dispensary Agent maintains a valid registration issued by DPH.
L. 
Each License Holder shall timely notify the Board of Selectmen of any changes to the number of Dispensary Agents affiliated with the RMD, including copies of the current Registration Cards for any new Dispensary Agents affiliated with the RMD since the issuance of the license. The License Holder shall promptly notify the Board of Selectmen if any Dispensary Agents are no longer affiliated with the RMD or if any Dispensary Agents affiliated with the RMD have had their Registration Cards revoked, suspended, non-renewed or otherwise cancelled for any reason.
M. 
No applicant is permitted to sell alcohol or tobacco products. The applicant must not be in possession of either a tobacco sales permit or a liquor license issued by the Town.
N. 
No applicant is permitted to hold a Common Victualler license issued by the Town for on-premises food consumption.
O. 
In addition to the requirements contained here, any applicant seeking to sell, process, distribute, or dispense edible MIPS must obtain a Food Permit from the Health Department.
P. 
No applicant is permitted to be a Massachusetts lottery dealer.
Q. 
The fee for a license shall be determined by the Board of Selectmen annually.
R. 
A separate license is required for each retail establishment selling marijuana and/or marijuana products for an RMD and for each location where marijuana is cultivated for an RMD.
S. 
Each license shall be displayed in a conspicuous place at each retail establishment for an RMD and at each location where marijuana is cultivated for an RMD.
T. 
No License Holder shall allow any Dispensary Agent to sell or distribute marijuana or marijuana products until such Dispensary Agent reads this by-law, the Act, and the Regulations and signs a statement, a copy of which will be placed on file in the office of the License Holder, that he/she has read said by-law, the Act, and the Regulations. The License Holder agrees to produce a copy of each said signed statement upon request by the Town.
U. 
A license is non-transferable. A new owner of the RMD must apply for a new license. No new license will be issued unless and until all outstanding fees, charges and penalties incurred by the previous License Holder are satisfied in full. The sale, assignment or transfer of the RMD shall cause the License to be automatically terminated.
V. 
Issuance of a license shall be conditioned on an applicant's consent to unannounced, periodic inspections of the RMD to ensure compliance with this by-law. Such inspections shall be conducted at a minimum of once per year but no more than four (4) times a year. Inspections may be conducted by the Health Department, Police Department, Fire Department, Building Department, Board of Selectmen, or their respective designee(s).
W. 
Dispensary Agents must present their Registration Card to any law enforcement official or municipal agent who questions said Dispensary Agent concerning their marijuana-related activities.
X. 
The license shall be conditional on the License Holder complying with all provisions of this by-law, the Act, and the Regulations.
Y. 
Applicants agree to maintain a closed-circuit camera system that records all sales transactions, which recording shall be maintained for a minimum period of thirty (30) days. Any recording from the previous thirty (30) day period must be provided to any law enforcement official or municipal agent who requests such recording.
Z. 
The issuance, renewal and holding of a license shall be subject to the provisions of Article XXXVI of the Town by-laws ("Licenses and Permits-Denial, Revocation, or Suspension"). A license will not be renewed if the License Holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or has not satisfied any outstanding license suspensions.
AA. 
Each RMD must hold an annual community meeting to provide abutters and community residents with an opportunity to comment on the RMD's operating practices, polices and plans.
BB. 
The RMD shall not create or allow any nuisance conditions from its activities, including but not limited to odors, noise or dust. No odors of marijuana or marijuana products shall be detectable from beyond the property line of the parcel on which the RMD is located.
A. 
No person shall sell marijuana from any location other than at an RMD that possesses a valid license issued by the Town.
B. 
Required Signage: In addition to any applicable signage requirements, the RMD shall conspicuously post signage at all entrances indicating that entry into the premises of the RMD by persons not possessing a valid Registration Card is prohibited. The signage shall be provided by the Town. The notice shall be no smaller than 8.5" by 11" and shall be posted conspicuously in the retail establishment or other place in such a manner so that they may be readily seen by a person approaching the RMD.
C. 
Identification: Dispensary Agents shall verify the Registration Card of the Card Holder by means of a valid government-issued photographic identification. No separate identification is required for valid Registration Cards bearing a photograph of the Card Holder.
D. 
All retail sales of marijuana must be face-to-face between the Dispensary Agent and the Card Holder and shall occur at the licensed location or at the residence of the Card Holder.
E. 
No person shall distribute, or cause to be distributed, any free samples marijuana or marijuana products.
F. 
Means, instruments or devices that allow for the redemption of marijuana or marijuana products are prohibited.
G. 
RMDs are prohibited from using self-service displays.
H. 
RMDs are prohibited from using vending machines.
I. 
RMDs are prohibited from using Non-Residential Roll-Your-Own machines.
A. 
The sale or dispensing of marijuana by any person, including Card Holders, outside of the physical structure in which an RMD is located, is prohibited and shall be punishable in accordance with applicable state and local laws.
B. 
The sale, distribution, dispensing, or transfer of marijuana to persons who are not Card Holders, including Personal Caregivers who are Card Holders, or to persons not authorized under the Act and the Regulations to receive or possess marijuana, shall be punishable in accordance with applicable state and local laws.
A. 
A Card Holder must present his or her Registration Card to any law enforcement official who questions the Card Holder regarding use or possession of marijuana.
B. 
A Card Holder must not possess an amount of marijuana that exceeds his/her sixty-day supply.
C. 
The cultivation of marijuana, including growing- and harvesting-related activities, is prohibited except for those persons possessing a valid Hardship Cultivation Registration, for RMDs with a current certificate of registration issued by DPH, or as otherwise authorized by Massachusetts law.
D. 
Registered qualifying patients or their personal caregiver(s) with a valid Hardship Cultivation Registration shall notify the Police Department, Fire Department, Building Department, and Health Department of the specific location of cultivation and shall obtain all required permits for construction of the cultivation area. Registered qualifying patients or their personal caregiver(s) with a valid Hardship Cultivation Registration shall not create or allow any nuisance conditions from their cultivation activities, including but not limited to odors, noise or dust. No odors of marijuana shall be detectable from beyond the property line of the location for which the Hardship Cultivation Registration has been issued.
E. 
Upon receipt of registration from DPH, and on or before January 31 annually, each Dispensary Agent shall register with the Board of Selectmen, Police Department, Fire Department, Building Department, and Health Department, and each personal caregiver shall register with the Police Department, Fire Department, Building Department, and Health Department.
F. 
Upon receipt of registration from DPH, and on or before January 31 annually, any person with a Hardship Cultivation Registration shall register with the Police Department, Fire Department, Building Department, and Health Department.
A. 
The smoking of any marijuana is prohibited in the same locations governed by the Massachusetts Smoke-Free Workplace Law, Massachusetts General Laws Chapter 270, Section 22, and by any local laws or regulations that further ban or restrict smoking, and shall be subject to the fines and penalties prescribed under the Massachusetts Smoke-Free Workplace Law, Massachusetts General Laws Chapter 270, Section 22, and by any such local laws or regulations.
B. 
The use of marijuana by all persons, including Card Holders, is prohibited in public schools, on public school grounds, and on public school buses and is subject to Article XLII of the Town by-laws (Public Consumption of Marijuana or Tetrahydrocannabinol).
C. 
The sale, distribution, dispensing, or transfer of marijuana to persons who are not Card Holders, or to persons otherwise not authorized under the Act and the Regulations to receive or possess marijuana, shall be punishable in accordance with applicable state and local laws.
A. 
It shall be the responsibility of the License Holder and/or his, her or its business agent, to ensure compliance with all sections of this by-law, including but not limited to those sections pertaining to the distribution and sale of marijuana and/or marijuana products. The violator shall receive:
1. 
In the case of a first violation, a fine of three hundred dollars ($300.00).
2. 
In the case of a second violation within twenty-four (24) months of the date of the current violation, a fine of three hundred dollars ($300.00) and the license shall be suspended for seven (7) consecutive business days.
3. 
In the case of three or more violations within a twenty-four (24) month period, a fine of three hundred dollars ($300.00) and the license shall be suspended for thirty (30) consecutive business days for each subsequent violation or revoked.
B. 
Refusal to cooperate with inspections pursuant to this by-law shall result in the suspension of the license thirty (30) consecutive business days.
C. 
In addition to the monetary fines set above, any License Holder who engages in the sale or distribution of marijuana or marijuana products while his or her license is suspended shall be subject to the suspension of all Town-issued permits and licenses for thirty (30) consecutive business days.
D. 
The Town, acting through its Board of Selectmen, shall provide notice of the intent to suspend and/or revoke a license (as applicable), which notice shall contain the reasons therefor and establish a time and date for a hearing which date shall be no earlier than seven (7) days after the date of said notice. The License Holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Selectmen's decision and the reasons therefor in writing. After a hearing, the Board of Selectmen shall suspend or revoke the license (as applicable) if it finds that a violation of this by-law occurred. For purposes of any such suspension or revocation (as applicable), the Board of Selectmen shall make the determination notwithstanding any separate criminal or non-criminal proceedings brought in court hereunder or under the Massachusetts General Laws for the same offense. All marijuana and marijuana products shall be removed from the RMD upon suspension or revocation of the license (as applicable). Failure to remove all tobacco and nicotine delivery products shall constitute a separate violation of this by-law. A copy of any such suspension or revocation decision (as applicable) shall be provided to DPH.
1. 
An individual or person who violates Sections 6 and 7 of the by-law shall be subject to a penalty of one hundred dollars ($100.00) for each violation.
2. 
The RMD shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, deficiency statement, plan of correction, notice of a hearing, or final action regarding the RMD issued by DPH or other state agency, as applicable, with the Board of Selectmen, Chief of Police, and Board of Health, within forty-eight (48) hours of receipt by the RMD.
3. 
The issuance of a fine shall not preclude the Town from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this by-law.
4. 
In the event of suspension or revocation (as applicable), the License Holder shall not be entitled to a refund of its license application fee.
In addition to the procedure for enforcement as described above, the provisions of this by-law may also be enforced by non-criminal disposition, as provided in Massachusetts General Laws, Chapter 40, Section 21D. The penalty for such violations shall be equivalent to the monetary fines set forth in said Section 8.
Each day any violation exists shall be deemed to be a separate offense.
Enforcement of this regulation shall be by the Town, acting by and through its Board of Selectmen, Health Department, Police Department, Fire Department, Building Department, or their designated agent(s).
Any resident who desires to register a complaint pursuant to this by-law may do so by contacting the Board of Selectmen, Health Department, Police Department, Fire Department, Building Department, or their designated agent(s), who shall investigate such complaint.
The provisions of this by-law are severable and, if any of those provisions shall be held to be unconstitutional by any court of competent jurisdiction or otherwise held invalid, the remaining provisions shall remain in full force and effect.