Ron Strider
Well-Known Member
First, the law does not allow public consumption of marijuana. The language is unambiguous: "No person shall consume marijuana in a public place or smoke marijuana where smoking tobacco is prohibited."
With the passage of the marijuana legalization ballot question last year and the subsequent revision by the Legislature, it is important for municipal officials to be accurately informed about what the law does and does not allow. Here are a few of the more prominent concerns from a municipal perspective.
First, the law does not allow public consumption of marijuana. The language is unambiguous: "No person shall consume marijuana in a public place or smoke marijuana where smoking tobacco is prohibited."
The first clause applies to all public places, such as streets, sidewalks, playgrounds, parks, beaches, recreation areas, etc. The second clause adds further restrictions, such as in restaurants, cafes, office buildings and anywhere else where tobacco is prohibited.
Towns can pass bylaws prohibiting public consumption if they wish, but these would be redundant. Again, state law already bans public consumption, just as it bans public consumption of alcohol.
Second, towns can determine the location of marijuana establishments. Many towns are considering moratoriums, with the explanation that forthcoming regulations from the Cannabis Control Commission will be helpful to towns as they consider their approach. This reasoning is flawed.
The CCC regulations are unlikely to advance municipal zoning authority beyond the law's current language, which is quite broad. Towns can determine the location of marijuana facilities, just as they determine, through zoning, the locations of other establishments selling controlled substances like alcohol and tobacco.
Lastly, towns can limit the number of marijuana facilities to 20 percent of existing package store licenses. So, if a town has ten package store licenses, selectmen on their own can cap marijuana facilities at two.
Numerous towns have enacted bans and moratoriums. Much of the reasoning I've seen is rooted in reefer madness hysteria from an earlier, hyperbolic age. I hope town officials and voters take a clear, temperate approach to this new opportunity to take market control away from criminals and shift it to regulated, taxed businesses that check IDs, create new jobs and return significant tax revenues to communities.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Local marijuana law concerns clarified - News - Cohasset Mariner - Cohasset, MA
Author: Jim Borghesani
Contact: Contact Us - Cohasset Mariner - Cohasset, MA
Photo Credit: Reuters
Website: Cohasset Mariner: Local & World News, Sports & Entertainment in Cohasset, MA
With the passage of the marijuana legalization ballot question last year and the subsequent revision by the Legislature, it is important for municipal officials to be accurately informed about what the law does and does not allow. Here are a few of the more prominent concerns from a municipal perspective.
First, the law does not allow public consumption of marijuana. The language is unambiguous: "No person shall consume marijuana in a public place or smoke marijuana where smoking tobacco is prohibited."
The first clause applies to all public places, such as streets, sidewalks, playgrounds, parks, beaches, recreation areas, etc. The second clause adds further restrictions, such as in restaurants, cafes, office buildings and anywhere else where tobacco is prohibited.
Towns can pass bylaws prohibiting public consumption if they wish, but these would be redundant. Again, state law already bans public consumption, just as it bans public consumption of alcohol.
Second, towns can determine the location of marijuana establishments. Many towns are considering moratoriums, with the explanation that forthcoming regulations from the Cannabis Control Commission will be helpful to towns as they consider their approach. This reasoning is flawed.
The CCC regulations are unlikely to advance municipal zoning authority beyond the law's current language, which is quite broad. Towns can determine the location of marijuana facilities, just as they determine, through zoning, the locations of other establishments selling controlled substances like alcohol and tobacco.
Lastly, towns can limit the number of marijuana facilities to 20 percent of existing package store licenses. So, if a town has ten package store licenses, selectmen on their own can cap marijuana facilities at two.
Numerous towns have enacted bans and moratoriums. Much of the reasoning I've seen is rooted in reefer madness hysteria from an earlier, hyperbolic age. I hope town officials and voters take a clear, temperate approach to this new opportunity to take market control away from criminals and shift it to regulated, taxed businesses that check IDs, create new jobs and return significant tax revenues to communities.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Local marijuana law concerns clarified - News - Cohasset Mariner - Cohasset, MA
Author: Jim Borghesani
Contact: Contact Us - Cohasset Mariner - Cohasset, MA
Photo Credit: Reuters
Website: Cohasset Mariner: Local & World News, Sports & Entertainment in Cohasset, MA