Due to a tight state timeline, towns and cities across Massachusetts could have only two weeks next spring to put zoning in place to control the placement of retail marijuana shops.
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EASTHAMPTON -- Due to a tight state timeline, towns and cities across Massachusetts could have only two weeks next spring to put zoning in place to control the placement of retail marijuana shops.
That's according to Easthampton City Planner Jessica Allan, who spoke about zoning for recreational marijuana at a Planning Board meeting Tuesday night.
Such local rules could control the general location, and possibly require a special permit or site plan review, for recreational pot businesses. Permit conditions could address issues including signage, access and odor.
Allan said she had attended a number of statewide workshops and meetings on the subject of marijuana zoning, and wanted to share what she learned.
She said a yet-to-be appointed state Cannabis Control Commission must issue initial regulations by March 15, 2018. On April 1 of that year, the commission may accept applications for licenses under the new recreational marijuana law.
"That gives us two weeks -- two weeks -- to put regulations in place," said Allan.
She said she's not hopeful that regulations will be issued any earlier, because the Office of the State Treasurer has "no budget, no software and no staff" to develop the marijuana rules.
"They have nothing; they are working from absolutely nothing," she said. "So I think they are going to take as much time as they possibly can."
Allan advised against drafting local zoning rules until the state regulations are known. She said a temporary moratorium on new marijuana businesses could buy the Planning Board some time.
Planners across the state have "no indication" whether state regulations around recreational marijuana will be in any way similar to the rules around medical marijuana, said Allan.
"We just don't know," she said.
For instance, the medical marijuana regulations, issued in 2013, bar dispensaries within a 500-foot radius of any school or daycare center. But it's "completely unclear" what the rules will be for recreational shops.
Allan said it's not known whether "standalone" growing operations will be allowed. Such a grow room would be able to sell wholesale to independent marijuana shops. Under the medical pot rules, a dispensary must grow its own plants in a strict "seed to sale" setup.
"Until we get regulations from the state, I don't think it's wise to put very specific zoning in place, with regard to locations for recreational marijuana, until we really know what those provisions are going to be," she said.
Allan noted that medical marijuana regulation is the responsibility of the Department of Public Health, and that recreational pot falls under the state treasurer's office, a different state agency.
State Treasurer Deb Goldberg has yet to appoint the three-member Cannabis Control Commission.
Allan distributed a four-page fact sheet developed by the Boston-based KP Law firm. The sheet (pdf) contains detailed information for municipalities struggling to confront the new marijuana law.
As for the state, "we can't work within their rules if we don't know their rules," noted Planning Board Chairman Jesse Belcher-Timme.
Allan: City Council may not prohibit marijuana shops
Massachusetts voters in November overwhelmingly approved Question 4, legalizing the recreational use of marijuana. On Dec. 15, it became legal for adults to possess and grow marijuana at home in limited quantities.
Under the new law, a City Council or Planning Board may not prohibit recreational marijuana shops, or even limit their number, Allan said. That can only be done by local voters at a statewide election.
Similarly, marijuana cafes -- where pot may be consumed -- can only be allowed through a ballot initiative.
Such ballot initiatives require a petition of at least 10 percent of local registered voters. The vote can be taken only during a statewide election, meaning the next opportunity would be November 2018.
Municipalities may impose a moratorium on recreational marijuana shops "in order to thoughtfully put zoning in place," said Allan, adding such a moratorium probably could not legally extend beyond one year.
Belcher-Timme said the timing of any such moratorium would be key. He also said there could be a potential downside.
"We might want to be cognizant of not overreaching with the moratorium, if there are things we want to be doing sooner, and not wanting to block that out entirely," he said.
Belcher-Timme said "even if we rush everything," it would take several months for the city to get local bylaws in place.
Zoning changes require a joint public hearing between the Planning Board and the City Council's Ordinance Subcommittee, and then an affirmative two-thirds vote of the full council.
Allan said she has been approached by at least one entrepreneur who hopes to grow marijuana in the city's mill district for the recreational market.
Under state law, medical dispensaries would have first dibs on any recreational license. Easthampton granted a license to Hampden Care Facility last year. That dispensary and grow room is now under construction at 122 Pleasant St.
In 2014, Easthampton approved zoning for medical marijuana. The zoning limits the facilities to the city's Pleasant Street mill district and industrial zones.
Even as towns and cities struggle with the issue of local zoning, the landscape could shift on the state level. There are more than a dozen bills pending on Beacon Hill that could change Massachusetts marijuana law.
Democratic state Sen. Jason Lewis, chairman of the Special Senate Committee on Marijuana, has sponsored a number of those bills. Lewis returned from a fact-finding visit to Colorado last year with concerns about the potency of edibles, diversion into the black market, high-potency concentrates, driver impairment, marijuana financing, youth access and more.
State laws and regulations fit within a larger framework.
Voters in eight states and the District of Columbia have legalized marijuana, but the plant remains a Schedule 1 drug under federal law, and is classified along with ecstasy, LSD and heroin.
What's more, federal law prohibits banks and credit unions from taking marijuana money, meaning the operations continue to operate as cash businesses.
President Donald J. Trump has threatened to crack down on commercial pot operations in the states.
Goldberg on Tuesday announced she had written to U.S. Attorney General Jeff Sessions asking the Department of Justice to clarify its plans regarding federal marijuana law enforcement.
Mary Serreze can be reached at mserreze@gmail.com.