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7 <br /> Finance Committee <br /> Minutes <br /> October 12, 2017 <br /> COMMUNICATIONS & CORRESPONDENCE <br /> Correspondence from Town Counsel re: Recreational Marijuana: <br /> Recently, there was a radio announcement regarding a Massachusetts community that voted <br /> against recreational marijuana without realizing the permitted medical marijuana facility had the <br /> ability to sell marijuana for recreational purposes without town input. As a result of this <br /> knowledge,the Finance Committee requested an opinion from Town Counsel with respect to this <br /> regard. <br /> Correspondence was received from Town Counsel Patrick J. Costello via email dated October <br /> 10, 2017 relative to recreational marijuana as follows; <br /> GL c. 94G s. 3 provides as follows: <br /> A Town may... <br /> (1) govern the time,place and manner of marijuana establishment operations and of any <br /> business dealing in marijuana accessories, except that zoning ordinances or by-laws shall not <br /> prohibit placing a marijuana establishment which cultivates,manufactures or sells marijuana or <br /> marijuana products in any area in which a medical marijuana treatment center is registered to <br /> engage in the same type of activity; <br /> As I read this, a Town cannot prohibit a medicinal marijuana establishment from selling <br /> recreational products by zoning Bylaw. It doesn't state that a General Bylaw cannot ban such <br /> sales. Others may interpret it differently. Hopefully, the CCC Regulations will clarify these <br /> issues when they are promulgated. <br /> With respect to this matter and legislation currently under review it was agreed this remains a <br /> gray area that is being discussed by legal attorneys. It was agreed if zoning allows medical <br /> marijuana establishment(s); the sale of recreational marijuana is permissible unless there is an <br /> ordinance to prohibit this action. <br /> Long Term Fiscal Analysis: <br /> Previously, the Finance Committee reviewed the long tern fiscal analysis of the Town with the <br /> Town Manager and his Financial Team. The Finance Committee in considering their position <br /> and deliberations requested an update on the financial outlook of the Town of Mashpee. <br /> It was disclosed the Department of Revenue does not certify Free Cash or Unappropriated Cash <br /> Available until the end of September. The recap will follow in November when the figures are <br /> complete. This topic will appear as a future agenda item of discussion. <br />