HomeMy Public PortalAboutMedical Marijuana Ordinance_201307191425553499ELECTED OFFICIALS:
Mark S. Sideds,
Council President
Stephen P. Corbelt,
Vice President .
John A. Donohue,
CouncllorAt Large
Susan G. ralkoff,
CouncilorAt large
Anthdny Palomba,
CouncilorAt Large
Angeline 13. Kenneils,
DlstrictA Councilor
Cecilia Lenk,
District B Councilor
Vincent J. Plcoldill, Jr.,,
District C Councilor
Kenneth M. Woodland
District D Councilor
Watertown Town Counoil
Administration Building
149 Main Street
Watertown, MA 02472
P Bone: 617-972-6470 '
Ordinance# 2013- 1513
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AN ORDINANCE IMPLEMENTING AN AMENDMENT TO THE ZONING
ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON MEDICAL
MARIJUANA TREATMENT CENTERS
WHEREAS, the voters of the Commonwealth of Massachusetts voted at the State
election held on November 6,2012, to approve a law regulating the cultivation,
distr'ibrttion, possession and use of marijuana for medical purposes; and
WHERE'AS, said law is effective as of January 1, 2013; and
WHEREAS, the State Department of Public Health has issued regulations to
provide guidance to the Town in regulating medical marijuana effective on May 24,
2013; and
WHEREAS, under the Town's Zoning Code, a Medical Marijuana Treatment
Center is not a specifically permitteduse in the Town; and
IV -HERE, the regulation of medical marijuana raises novel and complex legal,
planning, and public safety issues, and the Town requires time to study and consider
such regulation.
NOW TIIEEFORE, BE IT ORDAINED, that the Town Council of the City luiown
as the Town of Watertown does hereby amend the Zoning Ordinance, Article'V, by
inserting new Section 5.17, TEMPORARY MORATORIUM ON MEDICAL
MARIJUANA TREATMENT CENTERS, that would provide as follows, and
farther amend the Table of Contents by inserting Section 5.17, "TEMPORARY
MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS":
Section 5.17 TEMPORARY MORATORIUM ON MEDICAL MARIJUANA
TREATMENT CENTERS
(a)Putposc
By vote at the State election on November 6, 2012, the voters of the
Commonwealth approved a law regulating the cultivation, distribution,
possession and use of marijuana for medical purposes, The law provides that
it is effective on January 1, 2013 and the State Department ofPublic Health
has issued regulations effective on May 24, 2013. Currently under the
Zoning Code, a Medical Marijuana Treatment Center is not a specifically
permitted use in the Town of Watertown, The regulations promulgated by
the State Department of Public Ilealth are expected to provide guidance to
the Town in regulating medical madjuaua, including Medical Marijuana
Treatment Centers. The regulation of medical marijuana raises novel and
complex legal, planuninng, and public safety issues and the Town requires time
to study and consider the regulation of Medical Marijuana Treatment Centers
and address such novel and complex issues, as well as to address the
potential impact of the State regulations oar local zoning and to undertake a
4 planning process to consider amending the Zoning Bylaw regarding
regulation of medical marijuana treatment centers and other uses related to
the regulation of medical marijuana. The Town intends to adopt a temporary
moratorium on the use of land and structures in tho Town for Medical
Marijuana Treatment Centers so as to allow the Town sufficient time to
engage in a planning process to address the effects of such structures and uses
in file Town and to enact ordinances in a manner consistent with sound land
use planning goals and objectives,
(b) Definition
"Medical Marijuana Treatment Center' shall mean a "not -for -profit entity, as
defined by Massachusetts law only, registered by the Department of Public
Health; that acquires, cultivates, possesses, processes (including developmennt
of related products such as food; tiactures,.acrosols, oils or ointments),
transfers, transports, sells, distributes, dispenses, or administers marijuana,
products containing marijuana, related supplies, or educational materials to
qualifying patients or their personal caregivers."
(c)Tcnnporary Moratorium
For the reasons set forth above and notwithstauding any other provision of the
Zoning Bylaw to the contrary, the Town hereby adopts it temporary moratorium on
the use of land or structures for a Medical Marijuana Treatment Center and related
uses, The moratorium shall be in effect through June 30, 2014. During the
moratorium period, the Town shall undertake a planning process to address the
potential impacts of medical marijuana in the Town. The Town shall also consider
the Departnnent of Public Health regulations regarding Medical Marijuana Treatmeint
Centers and related uses, and shall consider adopting new Zoning Code provisions to
address the impact and operation of Medical Marijuana Treatment Centers and
related uses.
This ordinance shall be effective iimnediately upon passage.
Council Member
I hereby certify that at a regular meeting of file Town Council for which a quorum.
was present, tine above Ordinance was adopted by a roll call vote of for, ()
against, present on ti( f U 2013.
Val r'e Papas Stephen P. Corbett
Council Clerk Vice President