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Barnstable planning officials Monday night passed along a recommendation that the town implement a moratorium on medical marijuana treatment centers but decided to bogart a zoning proposal to deal with dispensaries.
The town's planning board voted 5-0 to recommend the moratorium, which would prohibit the medical pot shops until either 2014 or 90 days after the state Department of Public Health releases final regulations for the dispensaries, whichever comes first.
By the same vote the planning panel voted to continue until February a public hearing on a zoning bylaw amendment that would establish an overlay district for dispensaries.
Barnstable Town Council will make the final decision on both amendments after more public hearings.
The use of medical marijuana, including the establishment of dispensaries, was overwhelmingly approved by Bay State voters in November's election.
Communities across the state are now grappling with how to deal with the rule change in a vacuum of guidance from the state, which has until May 1 to develop related draft regulations.
"As everyone else is, we're still waiting for the state to finish their work in this area," said Jo Anne Miller Buntich, director of the town's Growth Management Department.
The law eliminates state criminal and civil penalties for the medical use of marijuana by patients who have been diagnosed with debilitating diseases, such as cancer, AIDS, Crohn's disease, Parkinson's disease, ALS or multiple sclerosis. Qualifying patients are allowed to possess a 60-day supply of marijuana that can be obtained at registered nonprofit medical marijuana treatment centers.
Thirty-five centers are allowed statewide in the law's first year with at least one, but no more than five, per county.
The law does not change federal regulations prohibiting the possession of marijuana for medical or other purposes.
Barnstable officials first proposed an overlay district for the centers around Cape Cod Hospital on the east end of Hyannis. Town Councilor Ann Canedy then proposed a moratorium so the town could see what the state regulations look like before finalizing local rules.
During Monday's public hearings before the planning board on both ideas residents, several who came from across the town border in West Yarmouth, were unanimous in their sentiment.
"There's an opportunity for Barnstable to get this right," said Linda Bolliger of Hyannis Park, an area of West Yarmouth that would border the proposed overlay district.
There is too much opportunity for fraud and no guidelines for potency or the size of the supply of marijuana allowed under the law, she said.
"Institute the moratorium now," she said.
The overlay district in its current location would impact traffic, residential homes and property values, said Christine Greeley of Hyannis Park.
"Would any of you want to be living next door to this?" she said.
Town officials should consider locating the district in Independence Park where an adult use overlay district already exists, Greeley said.
Cape Cod Healthcare, which owns Cape Cod Hospital at the center of the proposed district, supports the moratorium, said attorney Michael Scott of Nutter, McClennen and Fish, which represents the organization.
Noting the sentiment in the room, planning board members voted unanimously for the moratorium but chose to hold off on closing the public hearing for the overlay district until they had more information.
"I almost feel like we'd like to do due diligence here," said board member Felicia Penn.
The overlay district hearing was scheduled to be continued Feb. 25.
Until state officials write specific regulations for the new law, qualifying patients with a recommendation from their doctor may possess and grow their own marijuana.
There is no existing definition under the law for what constitutes a 60-day supply of marijuana and the moratorium on dispensaries proposed in Barnstable doesn't address the personal possession and grow provisions of the law.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: capecodonline.com
Author: Patrick Cassidy
Contact: Contact Us
Website: Barnstable planners put freeze on pot shops | CapeCodOnline.com
The town's planning board voted 5-0 to recommend the moratorium, which would prohibit the medical pot shops until either 2014 or 90 days after the state Department of Public Health releases final regulations for the dispensaries, whichever comes first.
By the same vote the planning panel voted to continue until February a public hearing on a zoning bylaw amendment that would establish an overlay district for dispensaries.
Barnstable Town Council will make the final decision on both amendments after more public hearings.
The use of medical marijuana, including the establishment of dispensaries, was overwhelmingly approved by Bay State voters in November's election.
Communities across the state are now grappling with how to deal with the rule change in a vacuum of guidance from the state, which has until May 1 to develop related draft regulations.
"As everyone else is, we're still waiting for the state to finish their work in this area," said Jo Anne Miller Buntich, director of the town's Growth Management Department.
The law eliminates state criminal and civil penalties for the medical use of marijuana by patients who have been diagnosed with debilitating diseases, such as cancer, AIDS, Crohn's disease, Parkinson's disease, ALS or multiple sclerosis. Qualifying patients are allowed to possess a 60-day supply of marijuana that can be obtained at registered nonprofit medical marijuana treatment centers.
Thirty-five centers are allowed statewide in the law's first year with at least one, but no more than five, per county.
The law does not change federal regulations prohibiting the possession of marijuana for medical or other purposes.
Barnstable officials first proposed an overlay district for the centers around Cape Cod Hospital on the east end of Hyannis. Town Councilor Ann Canedy then proposed a moratorium so the town could see what the state regulations look like before finalizing local rules.
During Monday's public hearings before the planning board on both ideas residents, several who came from across the town border in West Yarmouth, were unanimous in their sentiment.
"There's an opportunity for Barnstable to get this right," said Linda Bolliger of Hyannis Park, an area of West Yarmouth that would border the proposed overlay district.
There is too much opportunity for fraud and no guidelines for potency or the size of the supply of marijuana allowed under the law, she said.
"Institute the moratorium now," she said.
The overlay district in its current location would impact traffic, residential homes and property values, said Christine Greeley of Hyannis Park.
"Would any of you want to be living next door to this?" she said.
Town officials should consider locating the district in Independence Park where an adult use overlay district already exists, Greeley said.
Cape Cod Healthcare, which owns Cape Cod Hospital at the center of the proposed district, supports the moratorium, said attorney Michael Scott of Nutter, McClennen and Fish, which represents the organization.
Noting the sentiment in the room, planning board members voted unanimously for the moratorium but chose to hold off on closing the public hearing for the overlay district until they had more information.
"I almost feel like we'd like to do due diligence here," said board member Felicia Penn.
The overlay district hearing was scheduled to be continued Feb. 25.
Until state officials write specific regulations for the new law, qualifying patients with a recommendation from their doctor may possess and grow their own marijuana.
There is no existing definition under the law for what constitutes a 60-day supply of marijuana and the moratorium on dispensaries proposed in Barnstable doesn't address the personal possession and grow provisions of the law.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: capecodonline.com
Author: Patrick Cassidy
Contact: Contact Us
Website: Barnstable planners put freeze on pot shops | CapeCodOnline.com
