10/21/2013 Annual Town Meeting - Laserfiche WebLink

Home Browse Search

"(13) Medical Marijuana Treatment Center, also known as a Registered Marijuana Dispensary, subject to the provisions of 105 CMR 725.000 and the provisions of Subsection 174-24.J. and other relevant sections of this bylaw." and indicate by the letters SP in the I-1 column of said table that said use is allowed by special permit in the I-1 Industrial Zoning District. Delete the current language of Subsection 174-24.J. and replace it with the following: "J. Medical Marijuana Treatment Center/Registered Marijuana Dispensary By vote at the State Election on November 6, 2012, the voters of the Commonwealth approved Ballot Question 3 authorizing legislation regulating the cultivation, distribution, possession and use of marijuana for medical purposes and the establishment of Medical Marijuana Treatment Centers. Said law became effective on January 1, 2013. The Commonwealth has adopted regulations implementing said law under 105 CMR 725.000. Subsection 725.004 defines a Medical Marijuana Treatment Center as "a not-for-profit entity registered under 105 CMR 725.000,to be known as a registered marijuana dispensary(RMD)that acquires, cultivates, possesses (including development of related products such as edible MIPs, tinctures, aerosols, oils, or ointments),processes,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." An MIP as defined by Subsection 725.004 is a "Marijuana-Infused Product" meaning "a product infused with marijuana that is intended for use or consumption, including but not limited to edible products, ointments, aerosols, oils, and tinctures." 105 CMR 725.100(A)(4) also provides that an RMD may have two locations if marijuana will be cultivated or MIPs will be prepared at any location other than the dispensing location of the proposed RMD. 105 CMR 725.000 contains additional definitions and regulations relative to the registration, establishment, operations and regulations of such Centers / Dispensaries, as well as "hardship cultivation registration" by the Massachusetts Department of Public Health. Nothing in this Chapter is intended to regulate or prohibit uses or activities under a "hardship cultivation registration". 105 CMR 725.600 provides that a RMD shall comply with all local rules, regulations, ordinances, and bylaws and that nothing in 105 CMR 725.000 shall be construed so as to prohibit lawful local oversight and regulations, including fee requirements, that does not conflict or interfere with the operation of 105 CMR 725.000. Pursuant to those provisions, the following standards shall apply to Medical Marijuana Treatment Centers / Registered Marijuana Dispensaries proposed for approval under this Zoning Bylaw. 1. Any such Center / Dispensary shall require approval of a special permit for said use, pursuant to the provisions of Section 174-24. Any application for such special permit shall include all plans and other materials required under Section 174-24 and under the special permit regulations adopted by the applicable special permit granting authority, including a detailed floor plan of the premises that identifies the square footage available and describes the functional areas of the Center / Dispensary and, if applicable, such information for the single allowable off- 20