Planning for Medical Marijuana Facilities in Massachusetts

Size: px

Start display at page:

Download "Planning for Medical Marijuana Facilities in Massachusetts"

Sharon Robertson
5 years ago
Views:

Boston Hartford New York Providence Stamford

1 Planning for Medical Marijuana Facilities in Massachusetts O CTOBER 29, 2015 K ARLA L. CHAFFEE B ERKSHIRE R EGIONAL P LANNING C OMMISSION 5 TH T HURSDAY P RESENTATION D INNER Boston Hartford New York Providence Stamford Albany Los Angeles Miami New London rc.com 2015 Robinson & Cole LLP

2 An Act for the Humanitarian Medical Use of Marijuana 2

3 STATUS: An Act for the Humanitarian Medical Use of Marijuana As of October 1, 2015: 13,607 registered and active patients Based on Colorado s experience, Massachusetts projects that 2% of the population (132,000 people) will qualify as registrants. 554 registered and active caregivers 19,783 active physician certifications issued 3

4 STATUS: An Act for the Humanitarian Medical Use of Marijuana New England Treatment Access, Inc. in Northampton (approval to sell, Sept. 23, 2015) In Good Health, Inc. in Brockton (approval to sell, Sept. 3, 2015) Alternative Therapies Group Inc. in Salem (approval to sell, June 23, 2015) Final Certificates of Registration granted to RMDs in Ayer and Lowell 154 RMDs have submitted an application of intent 4

5 The Act Requires. Between one and 5 RDMs per county Hardship cultivation Buffers of 500 feet from facilities where children commonly congregate Stocks based on projected need Annual registration renewal Online registration for patients, caregivers, physicians and dispensary agents 5

6 Becoming a Registered Marijuana Dispensary Requirements: Non-profit Vertically integrated Process: Application Siting Profile Letter of Support or Non-Opposition Inspection Phase/ Local permitting Final Certificate of Registration Approval to Sell 6

Do Nothing Moratorium Municipal Options Pass consistent local

completely ban such centers within its borders, we also conclude

to regulate medical marijuana treatment centers, so long as such

7 Do Nothing Moratorium Municipal Options Pass consistent local regulation Although we conclude that a municipality may not completely ban such centers within its borders, we also conclude that municipalities are not prohibited from adopting zoning by-laws to regulate medical marijuana treatment centers, so long as such zoning by-laws do not conflict with the Act.. Attorney General decision (March 13, 2013) 7

8 Municipal Options What laws conflict with the Act? Prohibition Compliance with federal law Some local registration requirements Home-cultivation special permit or other limitation Prohibition on home delivery Certain screening requirements Compromises to facility security Mitigation payments 8

9 Municipal Options What can a municipality regulate? Reasonable hours of operation Reasonable buffer requirements Dimensional requirements Designate zones Traffic & circulation Design review Signage & lighting The Act also requires coordination with local law enforcement 9

10 Summary: Drafting Keep in mind: Supremacy and Preemption To avoid preemption by state, local zoning ordinances should: Avoid direct conflict with state statutory scheme Be aware of rights created by state statute To avoid preemption by state, local zoning ordinances should not: Permit conduct which state prohibits Prohibit conduct which state permits Penalize conduct which state exempts from penalty 10

11 State Laws: Status of Marijuana Laws 11

12 What to expect with recreational legalization? 12

13 Higher visibility = cultural change? 13

14 Remind you of anything? 14

15 Is dope the next craft beer? 15

16 Artisanal edibles 16

17 Federal Laws: Schedule I Drugs Marijuana maintains its Schedule I classification The drug or other substance has a high potential for abuse The drug or other substance has no currently accepted medical use in treatment in the United States There is a lack of accepted safety for the use of the drug or other substance under medical supervision Schedule I drug examples: Heroin LSD Ecstasy Schedule II drug examples: Cocaine Morphine Oxycodone 17

18 Discussion & Questions? KARLA L. CHAFFEE ROBINSON & COLE LLP ONE BOSTON PLACE, 25TH FLOOR BOSTON, MA DIRECT BLOG: 18

Adopted May 3, 2011 by Apache County Board of Supervisors Draft for P & Z Commission December 2015

Adopted May 3, 2011 by Apache County Board of Supervisors Draft for P & Z Commission December 2015 2300 Section 2301. Definitions Medical Marijuana Designated Caregiver Cultivation Location An enclosed facility, that does not exceed 250 square feet of cultivation space, where a designated caregiver,