A. 
To provide for the establishment of Registered Marijuana Dispensaries in appropriate places and under strict conditions in accordance with the passage of the Humanitarian Medical Use of Marijuana Act, Massachusetts General Laws, Chapter 94C, App. 1-1,[1] as approved by the voters as Question #3 on the November, 2012 state ballot (hereinafter referred-to as the "Act").
[1]
Editor's Note: MGL c. 94C, Appendix §§ 1-1 to 1-17, added by Chapter 369 of the Acts of 2012, was repealed in 2017. See now MGL c. 94I for statutory provisions regarding medical use of marijuana.
B. 
To minimize the adverse impacts of Registered Marijuana Dispensaries on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said Facilities.
C. 
To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of Registered Marijuana Dispensaries.
A. 
The commercial cultivation, unless it meets the requirements for an agricultural exemption under Massachusetts General Laws, Chapter 40A Section 3, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited unless a special permit for a Registered Marijuana Dispensary is issued under this Article 4-11.
B. 
No Registered Marijuana Dispensary shall be established except in compliance with the provisions of this Article 4-11.
C. 
Nothing in this Bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.
D. 
If any provision of this article or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this article, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this article are severable.
MARIJUANA
The same substance defined as "marihuana" under Massachusetts General Laws, Chapter 94C.
MARIJUANA FOR MEDICAL USE
Marijuana that is designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions as set forth in the Act and Department of Public Health ("DPH") Regulations, 105 CMR 725.000[1]
REGISTERED MARIJUANA DISPENSARY
Shall mean a "Medical marijuana treatment center" to mean a not-for-profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. These facilities shall be located inside a structure or building.
[1]
Editor's Note: See now 935 CMR 501.000 et seq.
Registered Marijuana Dispensaries, other than agricultural operations meeting exemption standards under Massachusetts General Laws, Chapter 40A, Section 3, may be allowed by Special Permit from the Carver Planning Board in the Industrial "A" Zoning District provided the dispensary meets the requirements of this Article 4-11.
A. 
All non-exempt Registered Marijuana Dispensaries shall be contained within a building or structure.
B. 
No Registered Marijuana Dispensary shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet and must meet all local, state and federal building and health and safety standards.
C. 
A Registered Marijuana Dispensary shall not be located in buildings that contain any medical doctor's offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.
D. 
The hours of operation of Registered Marijuana Dispensaries shall be set by the Special Permit Granting Authority, but in no event shall said Facilities be open for retail business between the hours of 7:00 PM and 8:00 AM.
E. 
No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a Registered Marijuana Dispensary.
F. 
No Registered Marijuana Dispensary shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.
G. 
Signage for the Registered Marijuana Dispensary shall include the following language: "Registration card issued by the MA Department of Public Health required." The required text shall be a minimum of two inches in height.
H. 
Registered Marijuana Dispensaries shall provide the Carver Police Department, Building Commissioner and the Planning Board with the names, phone numbers and email addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment.
A. 
A Registered Marijuana Dispensary shall only be allowed by special permit from the Carver Planning Board in accordance with Massachusetts General Laws, Chapter40A, section9, subject to the following statements, regulations, requirements, conditions and limitations.
B. 
A special permit for a Registered Marijuana Dispensary shall be limited to one or more of the following uses that shall be prescribed by the Planning Board:
(1) 
cultivation of Marijuana for Medical Use (horticulture) except that sites protected under Massachusetts General Laws, Chapter 40A, Section 3 shall not require a special permit;
(2) 
processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products; and/or
(3) 
retail sale or distribution of Marijuana for Medical Use to Qualifying Patients and any other persons so permitted by DPH regulations.
C. 
In addition to the application requirements set forth in §§ 290-4-11.5 and 290-4-11.6 of this Bylaw, a special permit application for a Registered Marijuana Dispensary shall include the following:
(1) 
the name and address of each owner of the dispensary;
(2) 
copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;
(3) 
evidence of the Applicant's right to use the site of the facility for the facility, such as a deed, or lease;
(4) 
if the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, Administrators, directors, officers, 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 the owners of such entities until the disclosure contains the names of individuals;
(5) 
a certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the town and certified by the Town Assessor;
(6) 
Proposed security measures for the Registered Marijuana Dispensary, including lighting, fencing, gates and alarms, and the like, to ensure the safety of persons and to protect the premises from theft.
D. 
Mandatory Findings. The Planning Board shall not issue a special permit for a Registered Marijuana Dispensary unless it finds that:
(1) 
the facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in G.L. c. 40A, § 11;
(2) 
the 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; and
(3) 
the Applicant has satisfied all of the conditions and requirements of §§ 290-4-11.5 and 290-4-11.6 herein;
E. 
Annual Reporting. Each Registered Marijuana Dispensary permitted under this Bylaw shall as a condition of its special permit file an annual report to and appear before the Special Permit Granting Authority and the Town Clerk no later than January 31st, 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 Special Permit.
F. 
A special permit granted under this article shall have a term limited to the duration of the applicant's ownership of the premises as a Registered Marijuana Dispensary. A special permit may be transferred only with the approval of the Special Permit Granting Authority in the form of an amendment to the special permit with all information required in this Article 4-11.
G. 
The Board shall require the applicant to post a bond or other form of security acceptable to the Board prior to obtaining a building permit. The purpose of the bond or other security is to cover costs for the removal of the Registered Marijuana Dispensary in the event the Town must remove the facility. The value of the bond or other security shall be based upon the ability to completely remove all the items noted in § 290-4-11.7B and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the applicant providing the Planning Board with three (3) written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the town to remove the facility at prevailing wages.
A. 
A special permit shall lapse if not exercised within one year of issuance.
B. 
A Registered Marijuana Dispensary shall be required to remove all material, plants equipment and other paraphernalia:
(1) 
prior to surrendering its state issued licenses or permits; or
(2) 
within six months of ceasing operations; whichever comes first.[1]
[1]
Editor's Note: Original Sec. 4970, Temporary Moratorium on Non-Medical or Recreational Marijuana Establishments, which immediately followed this subsection, expired 6-30-2019 and was deleted from the Zoning Bylaw 4-11-2023 ATM by Art. 34. See now Art. 4-12.