09/11/2017 BOARD OF SELECTMEN Agenda Packet

Home Browse Search

Draft#6 September 7, 2017 By vote approving Question 4 at the State election on November 8, 2016, the voters of the Commonwealth approved a law allowing the non-medical cultivation, distribution, possession- and ossessionand use of marijuana for recreational. purposes. (Chapter 334 of the Acts of 2016). Revised/amended law on the subject was enacted by the General Court and the Governor effective December 15, 2016 (Chapter 334 of the Acts of 2016) and, thereafter, on July 28, 2017 (Chapter 55 of the Acts of 2017). The new law is codified at G.L. c. 94G. The recently appointed Cannabis Control Commission is required to 'issue final State regulations regarding implementation of said law -by July 1, 2018. Currently under the Mashpee Zoning Bylaw, Marijuana Establishments and Marijuana Retailers are not a permitted uses in the Town and the regulations to be promulgated by the State Cannabis Control Commission are expected to provide significant guidance to the Town with respect to local regulation of Marijuana Establishments and Marijuana Retailers. The regulation of Recreational Marijuana Establishments and Marijuana Retailers raise novel and complex.legal, planning, and public safety issues and-the.Town needs.time_to study_and,consider then:regulatioof Recreational Marijuana Establishments and Marijuana Retailers and address such novel ancl'complex issues, as well:as to address the potential impact of the prospective State. regulations on local zoning,and to undertake a plannirig:process to consider amending the Zoning Byl'aW regarding regulation of Recreational Marijuana ;Establishme'nts and Marijuana Retailers and-other uses related to the regulation of recreational marijuana':7he Town intends t6.adopt a temporary moratorium on the:use of land and 'structures in the Towri_fo`r. Recreational Marijuana Establishments and_MarijuanaRetailers so as to allow the Town-sufficient time to engage in a plairning process to address the effects of such-structures and uses in the Town and;to adopt provisions of the Zoning Byfaw in a:manner-consistent with sound land use planning ggals and objectives. B--.:,Definitions In addition to the definitions set forth in 'Section 174-3, the following definitions shall apply to Marijuana Establishments regulated hereunder: . "Manufacture", to compound, blend, extract, infuse or otherwise make or prepare a marijuana. product. "Marijuana"; all parts of any plant of the genus Cannabis,. not excepted below and 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 including tetrahydrocannabinol as defined in section 1 of chapter 94C; provided, however, that "marijuana" shall not include:.(i) 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, fiber, oil or cake made from the seeds of the plant orthe sterilized seed of the plant that is incapable of germination;.(ii) hemp; or (iii)the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. 8