Katelyn Baker
Well-Known Member
Salisbury - As local officials address three requests to site medical marijuana dispensaries in town, questions are surfacing on how the recent legalization of marijuana for recreational use will impact the situation.
In late October, Salisbury selectmen met with representatives from Nature's Remedy, Old Planters of Cape Ann and Holistic Health Group, Inc., all wanting to bring medical marijuana dispensaries to town. Selectmen are considering the companies' requests for letters of non-opposition for each project, required to get a state license.
There is, however, confusion as to how the sale of medical marijuana interacts with the new law allowing the adult sale of recreational marijuana.
According to Boston attorney Valerio Romano, being approved to sell medical marijuana is not a license for the adult sale of recreational marijuana.
"They just can't flip a switch and sell non-medical marijuana," Romano said.
A special permit is needed to sell medical marijuana in Salisbury in accordance with the town's medical marijuana zoning by-law, Romano said. If a special permit were granted, he said, it would be for a specific company, and medical marijuana would be listed as the only use.
There is language in the law for established medical marijuana dispensaries to be given preference in obtaining a license to sell recreational marijuana if they meet certain requirements, he said, but it would have to be a separate license and couldn't be from the same dispensary, he said.
Romano was involved in writing the ballot initiative that appeared on the November ballot as Question 4. With the law as written, Romano said, municipalities have ample local control to deal with the recreational sale of marijuana.
By popular vote, residents can prohibit the sale of recreational marijuana in town, Romano said, just as some communities don't allow the sale of alcohol. This is something that isn't permitted in the case of medical marijuana dispensary licenses, he added.
Municipalities also can call a moratorium on siting recreational marijuana outlets, taking a year to 18 months to investigate the issue, as many did when the sale of medical marijuana was legalized, Romano said. Communities also can draft zoning by-laws to deal with the recreational sale of marijuana, just as Salisbury, Georgetown and other communities did with medical marijuana.
For example, separate zoning addressing recreational marijuana sales could prohibit flashy signs or products in containers that attract children, or limit the number of outlets in a community, he said.
Romano is concerned that confusion and the opposition to the sale of non-medical marijuana could prevent the siting of medical marijuana dispensaries, halting access to the product by those with medical issues, such as seizure disorders and MS.
In Salisbury, medical marijuana facilities require special permits from the Planning Board, unless it can be proven they fall under the state's agricultural exemption. There are other zoning stipulations, such as facilities not being located within 500 feet of a dwelling or places where children commonly congregate, such as schools, child care facilities, playgrounds, arcades, public parks and libraries.
Under certain conditions, and if they obtain a license, recreational marijuana sales establishments can locate in zones that allow medical marijuana dispensaries if they meet the requirements, Romano said.
If there is a medical marijuana zone, and if there is a medical marijuana establishment there, then it's automatically zoned for non-medical sales, he said. However, the company would also have to comply with any zoning for the adult sale of recreational marijuana.
Romano also noted the Legislature can amend the law.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Communities Have Control Of Recreational Marijuana Sales
Author: Angeljean Chiaramida
Contact: 978-462-6666
Photo Credit: Larry Mayer
Website: Daily News
In late October, Salisbury selectmen met with representatives from Nature's Remedy, Old Planters of Cape Ann and Holistic Health Group, Inc., all wanting to bring medical marijuana dispensaries to town. Selectmen are considering the companies' requests for letters of non-opposition for each project, required to get a state license.
There is, however, confusion as to how the sale of medical marijuana interacts with the new law allowing the adult sale of recreational marijuana.
According to Boston attorney Valerio Romano, being approved to sell medical marijuana is not a license for the adult sale of recreational marijuana.
"They just can't flip a switch and sell non-medical marijuana," Romano said.
A special permit is needed to sell medical marijuana in Salisbury in accordance with the town's medical marijuana zoning by-law, Romano said. If a special permit were granted, he said, it would be for a specific company, and medical marijuana would be listed as the only use.
There is language in the law for established medical marijuana dispensaries to be given preference in obtaining a license to sell recreational marijuana if they meet certain requirements, he said, but it would have to be a separate license and couldn't be from the same dispensary, he said.
Romano was involved in writing the ballot initiative that appeared on the November ballot as Question 4. With the law as written, Romano said, municipalities have ample local control to deal with the recreational sale of marijuana.
By popular vote, residents can prohibit the sale of recreational marijuana in town, Romano said, just as some communities don't allow the sale of alcohol. This is something that isn't permitted in the case of medical marijuana dispensary licenses, he added.
Municipalities also can call a moratorium on siting recreational marijuana outlets, taking a year to 18 months to investigate the issue, as many did when the sale of medical marijuana was legalized, Romano said. Communities also can draft zoning by-laws to deal with the recreational sale of marijuana, just as Salisbury, Georgetown and other communities did with medical marijuana.
For example, separate zoning addressing recreational marijuana sales could prohibit flashy signs or products in containers that attract children, or limit the number of outlets in a community, he said.
Romano is concerned that confusion and the opposition to the sale of non-medical marijuana could prevent the siting of medical marijuana dispensaries, halting access to the product by those with medical issues, such as seizure disorders and MS.
In Salisbury, medical marijuana facilities require special permits from the Planning Board, unless it can be proven they fall under the state's agricultural exemption. There are other zoning stipulations, such as facilities not being located within 500 feet of a dwelling or places where children commonly congregate, such as schools, child care facilities, playgrounds, arcades, public parks and libraries.
Under certain conditions, and if they obtain a license, recreational marijuana sales establishments can locate in zones that allow medical marijuana dispensaries if they meet the requirements, Romano said.
If there is a medical marijuana zone, and if there is a medical marijuana establishment there, then it's automatically zoned for non-medical sales, he said. However, the company would also have to comply with any zoning for the adult sale of recreational marijuana.
Romano also noted the Legislature can amend the law.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Communities Have Control Of Recreational Marijuana Sales
Author: Angeljean Chiaramida
Contact: 978-462-6666
Photo Credit: Larry Mayer
Website: Daily News
