Needham’s marijuana moritorium article


The following is Needham’s warrant article for its annual town meeting (ATM), seeking to impose a moritorium on marijuana growing and clinics until 3/1/14, to give them time to plan –

ARTICLE 1 :   AMEND ZONING BY-LA W- INTERIM REGULATIONS FOR MEDICAL MARIJUANA USES

To see if the Town will vote to amend the Zoning By-Law, as follows:
(a) By adding a new Section 8, Interim Regulations for Medical Marijuana Uses, to read as follows:

“8 Interim Regulations for Medical Marijuana Uses
8.1 Purpose
This section is intended to provide restrictions that will allow the Town adequate time to consider whether to allow facilities associated with the medical use of marijuana, to the extent that such facilities are pennitted under state laws and regulations, and, if so, where and under what conditions. Given that a law permitting the medical use of marijuana in the Commonwealth of Massachusetts
shall be in effect beginning January I, 2013, and that the Massachusetts Department of Public Health has yet to promulgate the regulations by which facilities that produce or dispense medical marijuana shall be registered and administered, a restriction on the establishment of such facilities in Needham shall provide the opportunity to study their potential impacts on adjacent uses and on
general public health, safety and welfare, and to develop zoning and other applicable regulations that appropriately address these considerations consistent with statewide regulations and permitting procedures.

8.2 Definition
A Medical Marijuana Treatment Center shall mean any medical marijuana treatment center, as defined under state law as a Massachusetts not-for-profit entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers, which is properly licensed and registered by the Massachusetts Department of Public Health pursuant to all applicable state laws and regulations.

8.3 Exclusion of other Marijuana Uses
Any establishment that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers shall not be permitted if such establishment has not been properly registered and licensed in accordance with applicable state and local laws and regulations, or is not operated as a notfor-profit entity, or otherwise fails to meet the definition of a Medical Marijuana Treatment Center.

8.4 Exclusion of Accessory Uses.
In no case shall the acquisition, cultivation, possession, processing, transference, transportation, sale, distribution, dispensing, or administration of marijuana, products containing or derived from marijuana, or related products be considered accessory to any use.

8.5 Interim Restriction
8.5.1 Medical Marijuana Treatment Centers shall not be permitted in any zoning district in Needham so long as this Section 8 is effective, as set forth in Section 8.6 below.

8.5.2 The cultivation, processing, sale, distribution and distribution of marijuana, products containing or derived from marijuana or related products shall not be permitted in any zoning district in Needham so long as this Section 8 is effective, as set forth in Section 8.6 below.

8.6 Expiration
This Section 8 shall be effective through March ], 20] 4.
(b) Amend the Table of Contents to add Section 8, Interim Regulations for Medical Marijuana Uses.

Or take any action relative thereto.

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