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A city councilor has proposed an ordinance restricting where in Quincy medical-marijuana dispensaries can open, a response to the passage of a state ballot initiative that is expected to be echoed in communities across the state.
The ordinance, drafted by Brian Palmucci, does not allow dispensaries within 1,500 feet of a residential district, school, child care facility or business that serves alcohol. It is being reviewed by the city's legal department.
"While Quincy overwhelmingly supported that ballot initiative, I don't think residents would support a medical marijuana dispensary being established in their neighborhood," Palmucci said. "This isn't to say: You can't come to Quincy. This is to say we want to set some community standards."
Voters in Tuesday's election passed a ballot question that, come Jan. 1, will allow medicinal use of marijuana for patients suffering from debilitating illnesses and chronic pain. The law allows up to 35 dispensaries to open in the state, with oversight by the Department of Public Health.
About 63 percent of the state's voters approved the measure. All South Shore communities voted for it. In Quincy, the vote was 23,871 to 15,350.
The law is mostly silent on where dispensaries can be located. It does require at least one and not more than five in each Massachusetts county.
Matt Allen, director of the Massachusetts Patient Advocacy Alliance, which pushed the ballot question, could not be reached for comment.
Heidi Heilman, president of the Massachusetts Prevention Alliance, which opposed the ballot initiative, said she expects restrictions to be proposed in cities and towns across the state.
"Anybody can come in and gut a house and start growing marijuana for patients with this law," she said. "It's really going to be a nightmare for local communities."
Weymouth Mayor Susan Kay said she is still figuring out how much leeway the town has to set rules governing where dispensaries can set up shop.
"I'm looking to restrict it as much as possible," she said.
Hingham Selectman Bruce Rabuffo said answering questions raised by the ballot question will be a high priority.
"The people said, 'we want this,' and Hingham did too," Rabuffo said. "Now what does that mean? It is a serious question."
In California, which legalized medical marijuana in 1996, several communities have tried to zone dispensaries out of town, resulting in court battles. A decision earlier this year by a Santa Ana appeals court prohibited cities from imposing restrictions that effectively ban dispensaries. The decision invalidated a Lake Forest, Calif., law the court viewed as a ban.
Shaleen Title, a Medford lawyer with the firm Vicente Sederberg LLC, which assists medical marijuana patients and growers, cautioned that dispensary bans could encourage patients to go underground or grow at home.
"If there are no treatment centers within a reasonable distance from patients' residences, they would likely be granted a hardship registration and they or their caregivers would be able to cultivate their own marijuana," she said.
Because of these concerns, Title said, several communities — including Los Angeles and Fort Collins, Colo. — have reversed bans on dispensaries.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: enterprisenews.com
Author: Jack Encarnacao
Contact: The Enterprise Contact Us
Website: Quincy looking at restricting medical marijuana stores - Brockton, MA - The Enterprise
The ordinance, drafted by Brian Palmucci, does not allow dispensaries within 1,500 feet of a residential district, school, child care facility or business that serves alcohol. It is being reviewed by the city's legal department.
"While Quincy overwhelmingly supported that ballot initiative, I don't think residents would support a medical marijuana dispensary being established in their neighborhood," Palmucci said. "This isn't to say: You can't come to Quincy. This is to say we want to set some community standards."
Voters in Tuesday's election passed a ballot question that, come Jan. 1, will allow medicinal use of marijuana for patients suffering from debilitating illnesses and chronic pain. The law allows up to 35 dispensaries to open in the state, with oversight by the Department of Public Health.
About 63 percent of the state's voters approved the measure. All South Shore communities voted for it. In Quincy, the vote was 23,871 to 15,350.
The law is mostly silent on where dispensaries can be located. It does require at least one and not more than five in each Massachusetts county.
Matt Allen, director of the Massachusetts Patient Advocacy Alliance, which pushed the ballot question, could not be reached for comment.
Heidi Heilman, president of the Massachusetts Prevention Alliance, which opposed the ballot initiative, said she expects restrictions to be proposed in cities and towns across the state.
"Anybody can come in and gut a house and start growing marijuana for patients with this law," she said. "It's really going to be a nightmare for local communities."
Weymouth Mayor Susan Kay said she is still figuring out how much leeway the town has to set rules governing where dispensaries can set up shop.
"I'm looking to restrict it as much as possible," she said.
Hingham Selectman Bruce Rabuffo said answering questions raised by the ballot question will be a high priority.
"The people said, 'we want this,' and Hingham did too," Rabuffo said. "Now what does that mean? It is a serious question."
In California, which legalized medical marijuana in 1996, several communities have tried to zone dispensaries out of town, resulting in court battles. A decision earlier this year by a Santa Ana appeals court prohibited cities from imposing restrictions that effectively ban dispensaries. The decision invalidated a Lake Forest, Calif., law the court viewed as a ban.
Shaleen Title, a Medford lawyer with the firm Vicente Sederberg LLC, which assists medical marijuana patients and growers, cautioned that dispensary bans could encourage patients to go underground or grow at home.
"If there are no treatment centers within a reasonable distance from patients' residences, they would likely be granted a hardship registration and they or their caregivers would be able to cultivate their own marijuana," she said.
Because of these concerns, Title said, several communities — including Los Angeles and Fort Collins, Colo. — have reversed bans on dispensaries.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: enterprisenews.com
Author: Jack Encarnacao
Contact: The Enterprise Contact Us
Website: Quincy looking at restricting medical marijuana stores - Brockton, MA - The Enterprise
