05/06/2013 Annual Town Meeting - Laserfiche WebLink

Home Browse Search

Whereas any regulations promulgated by the State Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including medical marijuana treatment centers; and, Whereas, the regulation of medical marijuana raises novel and complex legal and land use planning issues; and, Whereas the Town needs time to study and consider the regulation of medical marijuana treatment centers and address such novel and complex issues; and, Whereas the Town needs time to address the potential impact of the state regulations on local zoning; and, Whereas the Town needs time to undertake a planning process to consider substantive amendments to the Zoning By-law regarding regulation of medical marijuana treatment centers and other uses related to medical marijuana; and, Whereas the Town deems it to be in the public interest and consistent with the underlying goals and objectives of the Zoning By-law to adopt a temporary moratorium on the use of land and structures located in the Town for medical marijuana treatment centers and related purposes so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws and regulations in a manner consistent with sound land use planning goals and objectives; Therefore, the Town of Mashpee hereby adopts the following temporary moratorium on the use of land and structures for medical marijuana treatment centers in the Town: For the reasons set forth above and notwithstanding any other provision in the Town of Mashpee Zoning By-law to the contrary, the Town of Mashpee hereby adopts a temporary moratorium on the use of land or structures for purposes of cultivation, distribution, possession and use of marijuana for medical purposes and/or the operation of a medical marijuana treatment center. The moratorium shall remain in effect until October 21, 2013 (unless repealed earlier by action of Town Meeting). During the moratorium period, the Town will undertake a planning process to address the potential impacts of the medical marijuana legislation in Mashpee, consider the Department of Public Health regulations regarding medical marijuana treatment facilities and related uses, and adopt appropriate zoning regulations to address the impact and operation of medical marijuana treatment centers and related uses in Mashpee." or take any other action relating thereto. Submitted by Board of Selectmen and Planning Board Explanation: This article would establish a temporary moratorium on Medical Marijuana Treatment Centers, until October 21, 2013, in order to allow the Town the time to develop and adopt any necessary zoning by-laws or other regulations regarding said centers once the State Department of Public Health has issued regulations regarding implementation of the new law adopted pursuant to the vote at the State Election on November 6, 2012 by which the voters of the Commonwealth approved Ballot Question 3 authorizing legislation regulating the cultivation, distribution, possession and use of marijuana for medical purposes. It is anticipated that a zoning article relative to the location and regulation of such centers in Mashpee will be prepared and submitted for approval at a future Town Meeting. 20