Medical Marijuana Inc (MJNA)

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Planning Board, Selectmen wrestle with marijuana bylaws

Grafton, MA --
Marijuana business bylaws will be on the docket as warrant articles in the May and October town meetings.

The questions before the Planning Board and Selectmen at Tuesday’s joint meeting is to figure out how to find bylaw language that protects residences, supports businesses and does not violate state law.

When voters passed the use of medical marijuana in 2012, towns and municipalities were left to create zoning bylaws. With a new medical marijuana retail facility slated to open at 206 Worcester Street, residents in the surrounding neighborhood have voiced opposition due to the proximity to homes and congregating children.

While Selectmen signed a letter of non-opposition to the facility, neighbors insisted that the new facility will negatively impact their neighborhood with more traffic alongside other concerns. Now a proposed state law, and potential ballot question, could add fuel to these concerns.

A new House bill (H 1561) proposes to legalize, regulate and tax marijuana for recreational use, similar to alcohol and tobacco. Introduced by Rep. David Rogers (D-Cambridge) and Patricia Jehlen (D-Somerville) it is a pre-emption to a likely state-wide ballot question in November to allow for legalized recreational use.

Within the provisions of the bill, one town official said, is a section which allows for current medical marijuana facilities to begin retailing recreational marijuana. “There is nothing that could prevent a flip of a medical marijuana (facility) to (one that sells) recreational marijuana,” said Planning Board member Michael Scully.

With no current bylaws in Grafton, both boards wrestled how to address meeting the needs of residents without violating state law or running other businesses out of town.

Of consideration to the Planning Board was how to delineate the type of permits for a registered marijuana dispensary versus an off-site dispensary. The retail store slated for 206 Worcester Street is considered an off-site dispensary.

At the spring Town Meeting, a registered dispensary would require special permitting in industrialized zoned areas, while an off-site dispensary will be subject to a regular permit in commercial and industrialized zoned areas.

Resident Mark Johnson asked Selectmen to consider adding in language of buffer zones from residential addresses. He also wondered why the zoning of the marijuana businesses was not allowed in other zoning areas, including mixed use. “You are shoving it down our throats in our part of town,” said Johnson, as a response to the current zoning demographics which limit where the off-site dispensaries can be located.

Selectman Craig Dauphinais said that currently it is allowed in three zoning areas, not just the commercial section of Worcester Street. Planning Board member Bob Hassinger reminded the boards that any discussion on buffers would be a separate article and would have to follow state law in order to not make it appear arbitrary in deciding where businesses are allowed to operate.

Selectman Bruce Spinney suggested the town adopt a moratorium on allowing retail of recreational marijuana until they can come up with a viable zoning plan. Selectman Jennifer Thomas suggested the moratorium be considered as a warrant article at the October Town Meeting in order to buy the town time to formalize zoning and resident concerns.

There will be a follow up public hearing on the topic at the Planning Board meeting scheduled for March 28.

Planning Board, Selectmen wrestle with marijuana bylaws added by Grafton News on March 10, 2016

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5 Responses to "Planning Board, Selectmen wrestle with marijuana bylaws"

Mark O'Connor March 22, 2016 at 12:09 pm

Interesting article in the Globe today:

http://www.boston.com/news/local-news/2016/03/22/in-exchange-for-approving-pot-dispensary-applications-cities-demand-lucrative-cash-perks
Reply
Taxed Enough Aleady March 13, 2016 at 5:58 pm

Government reduced to acting as a front for the drug cartels….so that legislators may say this fall: “See? The towns approved it…so we must”
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Mark Johnson March 14, 2016 at 9:44 am

That philosophy is already being used by Sage Cannabis. They have sent a letter to the DPH responding to regulations that should prohibit them from opening here.

The letter states “the Grafton Board of Selectmen have been unwavering in its support of the Sage facility”.

Sage also claims that Grafton has thoroughly vetted the location as evidenced by the issuance of the appropriate permits.

Their basic argument is that, since it is good with Grafton officials, the DPH regulation does not apply to them.
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Mark Johnson March 10, 2016 at 7:52 pm

The current zoning bylaw amendment that is being presented to the voters in Grafton falls very short.

The changes consist of “copy and pasted” definitions of RMD (grow and sales) and OMMD (retail sales). The other is changing the use table allowing both to be permitted in Community Business, Industrial, and Office Light Industrial.

This is being pushed as many town officials want to get “something” on the books now and we can revisit again later.

I don’t support that line of thinking. All involved would be better served by addressing this in a comprehensive manner. Offer a complete package to the voters, not bits and pieces in May, maybe more in October, and so on.

Current language in the Massachusetts house bill on recreational marijuana (to be voted in Nov) guarantees all medical marijuana dispensaries will receive recreational sales license. All the more reason to scrap this simple version and work on something proper.

I would urge voters to reject this overly simple approach. Vote NO in May.

Demand a comprehensive approach! One vote on the subject.
Reply
AladdinsLamp March 10, 2016 at 4:23 pm

So what’s being said here, is that our town is Clueless.

So if I can help our “leaders” out with a comeback plan, may I suggest: its Colonel Mustard, with the wrench, in the library.

http://www.thegraftonnews.com/26728/