HomeMy Public PortalAboutRecreational Marijuana ZoningEffective March 12, 2018
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§ 179-38.2 Recreational Marijuana Establishments
a. Recreational Marijuana Establishments (RME) shall conform to 935 CMR 500.000:
Adult Use of Marijuana, and shall only be permitted pursuant to this Section and the
requirements stated herein.
b.The special permit granting authority for RMEs shall be the Planning Board.
c.A special permit granted under this section shall have a term limited to the duration of the
applicant’s ownership or lease of the premises for an RME, as licensed by the
Massachusetts licensing authority. Any new license for an existing RME location or
transfer of an existing license to a new owner of an RME shall require a new special
permit pursuant to Section 179-51 and site plan review pursuant to Section 179-64 of the
Brewster zoning bylaws.
§ 179-38.3 Applicability of Regulations
a.The cultivation, production, processing, manufacturing, assembly, packaging, retail or
wholesale sale, trade, distribution or dispensing of marijuana is prohibited unless licensed
by all applicable Massachusetts licensing authorities and permitted as a RME under this
section.
b.Pursuant to MGL c.94G, §3(a)(2), the number of recreational Marijuana Retailers shall
be limited to one (1) establishment in Brewster which is fewer than 20 per cent of the
number of licenses issued within the Town for the retail sale of alcoholic beverages not to
be drunk on the premises where sold under MGL c.138 §15 (package store licenses). Any
Medical Marijuana Dispensary, licensed or registered not later than July 1, 2017 engaged
in retail sale of marijuana or marijuana products, shall be exempt from this limitation for
purposes of converting from a Medical Marijuana Dispensary to a recreational Marijuana
Retailer.
c.The number of any type of RMEs, except recreational Marijuana Retailers, shall be
limited to not more than two (2) of the same type of RME in Brewster.
d.On-site consumption of recreational marijuana products at RMEs shall be prohibited
unless permitted by a local ballot initiative process, as allowed by MGL 94G §3(b).
e.RMEs are commercial uses and shall be located in stand-alone structures, not connected
to any other building or use.
f.Hours of operation for recreational Marijuana Retailers shall not exceed the Alcoholic
Beverages Control Commission (ABCC) maximum hours of operation for liquor licenses
not to be drunk on premises pursuant to MGL 138 §15 but may be limited by conditions
of the special permit.
Effective March 12, 2018
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§ 179-38.4 Definitions
Any term not specifically defined herein shall have the meaning as defined in MGL c.94G, §1
and the Cannabis Control Commission Regulations 935 CMR 500.00 governing Adult Use
Marijuana.
a.''Recreational Marijuana Establishment'' shall mean a marijuana cultivator, marijuana
testing facility, marijuana product manufacturer, marijuana retailer or any other type of
licensed marijuana-related business as defined in MGL c.94G, §1 or the Cannabis
Control Commission Regulations 935 CMR 500.00.
b.“Marijuana Retailer” - an entity licensed by the Cannabis Control Commission to
purchase and deliver recreational marijuana and marijuana products from marijuana
establishments and to deliver, sell or otherwise transfer recreational marijuana and
marijuana products to marijuana establishments and to consumers, as defined in MGL
c.94G, §1 and the Cannabis Control Commission Regulations 935 CMR 500.00
governing Adult Use Marijuana
c.“Medical Marijuana Dispensary” - an entity registered by the Department of Public
Health or the Cannabis Control Commission that acquires, cultivates, possesses,
processes, transfers, transports, sells, distributes, dispenses, or administers medical use
marijuana, products containing medical use marijuana, related supplies, or educational
materials to registered qualifying patients or their personal caregivers.
§ 179-38.5 General Requirements
a.No RME shall be located within 500 feet, as measured from each lot line of the subject
lot, of the following pre-existing uses: a K-12 educational use; childcare center; public
park; playground; or children’s camp.
b.Applicants for an RME shall provide the licensing agent’s approved security plan to the
Police Chief and Fire Chief prior to the granting of a Special Permit.
c.An approved Host Community Agreement shall be required prior to the granting of a
Special Permit for a RME.
§ 179-(XX)(Reserved)
179-11 Table of Use Regulations
R-R R-L R-M C-H V-B I MRD PWS-CF
Marijuana Cultivator - - - S - S - -
Marijuana Product
Manufacturer
- - - S - S - -
Effective March 12, 2018
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-= Prohibited
S = Special Permit
Independent Testing
Laboratory
- - - S - S - -
Marijuana Retailer - - - S S - - -
Any Other Licensed
Recreational Marijuana
Establishment
- - - S - S - -
Medical Marijuana
Dispensary (MMD)
- - - S S - - -