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of marijuana for recreational purposes. This law, as A. Purpose and Intent subsequently amended by the Massachusetts legislature,allows Towns that did not vote in favor of By vote approving Question 4 at the State election on the law to regulate such activities within their Town November 8, 2016, the voters of the Commonwealth through the adoption of bylaws. Town of Mashpee approved a law allowing the non-medical cultivation, voters did not support this measure with 52.86 % distribution, possession and use of marijuana for voting against allowing such activities.The purpose of recreational purposes (Chapter 334 of the Acts of this Article is to enact a General Bylaw to ban all non- 2016). Revised/amended law on the subject was medical Recreational Marijuana Establishments as enacted by the General Court and the Governor defined below within the Town of Mashpee. effective December 15,2016(Chapter 334 of the Acts of 2016) and,thereafter,on July 28,2017 (Chapter 55 "Marijuana establishment", is defined to include all of the Acts of 2017). The Cannabis Control types of Marijuana establishments, including a Commission,created and authorized thereby,issued its marijuana cultivator, independent testing laboratory, final regulations regarding implementation of said law marijuana product manufacturer, marijuana retailer, in March,2018.The new law is codified at G.L.c.94G. or any other type of licensed marijuana-related Section 3 of Chapter 94G provides that municipalities business. This definition does not include Registered may limit the number of marijuana retailers to fewer Medical Marijuana Dispensaries as defined in Section than twenty percent (20%) of the number of liquor 174-24(J)of the Mashpee Code. licenses within Town for the retail sale of alcoholic beverages not to be drunk on the premises in Submitted by the Board of Selectmen accordance with G.L.C. 138 §15,and may govern the time, place and manner of marijuana establishment The Board of Selectmen recommends Town operations and of any business dealing in marijuana Meeting approval by a vote of 4-0. accessories in the Town. The Finance Committee does not recommend Town B. Definitions Meeting approval by a vote of 5-2. The terms of this Bylaw shall be construed and Motion made by Selectman John Cotton. implemented in accordance with the definitions set forth in G.L.c.94G,§1. Motion: I move the Town vote to approve Article 9 as printed in the Warrant. C. Limited Number of Marijuana Retailers Motion is defeated no 309 yes 258 at 8:19 PM. In accordance with the provisions of G.L. c.94G, § 3(a)(2)(ii), Mashpee shall limit the number of Article 10 Marijuana retailers in the Town to the number fewer than twenty percent of the licenses issued within Town To see if the Town will vote to adopt the following for the retail sale of alcoholic beverages not to be drunk Zoning Bylaw amendment limiting the number of on the premises under M.G.L.c. 138,§15. marijuana retailers in Town to fewer than 20% of the licenses issued within the Town for the retail sale of And, further, to amend Section 174-25,Table of Use alcoholic beverages not to be drunk on the premises Regulations, to add a new Subsection E. (16) under M.G.L. c. 138, §15 and restricting the location "Marijuana Establishment operations and any business of Marijuana Establishments to the Commercial (C-1, dealing in marijuana accessories. (subject to the C-2,C-3)or Industrial(1-1)Districts as a special permit provisions of Section 174-24.K)",and indicating by the use,or take any other action relating thereto. letters"SP"under the C-1,C-2,C-3 and I-1 columns of said Table that such uses may be only permitted by Add the following new section: Special Permit in the C-1,C-2,C-3 Commercial and I- 174-45.6 Marijuana Establishments" 1 Industrial zoning district. Explanation:Mashpee currently has nine(9)retail off- premises alcoholic beverage licenses issued under G.L. 67