Katelyn Baker
Well-Known Member
A suggestion that the Town of Bourne can opt out, in part, to the state's newly approved law legalizing recreational use of marijuana has been warmly received by the Bourne Board of Selectmen.
The board expressed no opposition to a suggestion from state Senator Viriato M. (Vinny) deMacedo that the board offer residents the opportunity to vote to prohibit retail establishments selling recreational marijuana in the Town of Bourne.
Sen. deMacedo addressed selectmen at their meeting Tuesday night, January 10. He told the board that the town's residents can vote to "opt out" of allowing the sale of recreational marijuana by stores in Bourne through approval of an article at Annual Town Meeting, scheduled for May 1. The Town Meeting vote would have to be followed by a ballot measure voted on during a subsequent Special Town Election. If the town takes no action, meaning no Town Meeting article, then as of July 1, retail recreational marijuana stores will automatically be legally allowed in Bourne, he said.
"Every community is in, unless they choose to make an action to get out," he said.
The senator pointed out to the board that on December 28, 2016, state lawmakers passed special legislation that delayed by six months enactment of the new law legalizing recreational marijuana. He said the delay would allow communities to establish local policies and procedures, zoning for instance, relative to retail marijuana stores.
"This is a 24-page piece of legislation; it's complicated. There's some areas in the law that would suggest one thing, but there's no clarity, so we're working to get clarity," he said.
The senator said that the law is vague because it was written by representatives within the marijuana industry for the benefit of the industry, not the commonwealth's communities. He said that the Legislature plans to address some issues not addressed in the law, including how police determine if someone is driving a motor vehicle under the influence of marijuana. The new law also calls for a Cannabis Control Commission, but it does not address how it should be implemented. Creation of the commission has similarly been delayed for six months, the senator said.
Sen. deMacedo also made it clear that any vote by the town's residents to prohibit retail recreational marijuana stores would not prevent medical marijuana facilities from setting up shop. Bourne has one such facility currently in the permitting process with the state. The Haven Center is to be located in the abandoned site of the Cartwheels 2 amusement center at 340 MacArthur Boulevard.
On Question 4, the legalization of recreational marijuana, Bourne went against the state trend. While the question passed statewide, Bourne residents said no, with 5,516 residents or 51.58 percent voting against it. The vote was relatively close, with 5,178 people, or 48.42 percent of voters, deciding in favor.
Sen. deMacedo said that the six-month delay in implementation of the law should be used by town officials to establish guidelines for marijuana businesses, should that trend reverse itself, and the town instead vote in favor of opting in. Under the new law, for every five liquor licenses issued by the town, one recreational marijuana license would have to be issued. That is the minimum.
"Start thinking about zoning and where you want these facilities, or do you want them anywhere. This is a decision you have to make as a community," he said.
He clarified that the requirement referred only to package stores–not restaurants and bars. Selectman Peter J. Meier said that there are 10 liquor stores in Bourne, so the town would have to approve two recreational marijuana licenses.
The new law does not automatically allow for so-called marijuana bars, places where people can go and legally smoke marijuana, similar to a bar where people go to consume alcohol. The senator said that the town would have to petition the state for permission to allow those types of establishments. Zoning for those types of businesses should also be explored, he said.
The new law also allows individual households to grow their own marijuana plants. According to the law, two people who are 21 years of age or older can grow six plants apiece, for a maximum of 12 plants. They cannot sell a plant or a byproduct of the plant, as sale of marijuana without being licensed by the state remains illegal. Marijuana plants can be gifted, though, he said.
Buzzards Bay resident James A. Mulvey peppered the senator with a variety of questions and concerns about the new legislation. Mr. Mulvey wondered if the people allowed to grow plants have to be blood relatives, or if the grower can be an in-law or a boarder. He also questioned where the plants can be grown in the home–a bedroom or in the basement. Similarly, can the plants be grown away from the home, on a separate piece of property? he asked. He asked what kind of security measures have to be taken by the grower under the law.
The senator said they were all questions with no answers at present and that still need to be addressed by lawmakers. That is why they passed the special legislation delaying implementation for six months, he said.
"If we're going to do this, we want to do this in the safest way possible," he said.
Bourne Police Chief Dennis R. Woodside agreed with the senator that the selectmen should present an article at Town Meeting and let residents vote. The chief noted that doing so is not circumventing the law that was passed by the will of the people in November.
"This is fully complying with the law," he said.
The senator said that the town can always revisit its decision to prohibit marijuana stores down the road if in a few years, the kinks in the law have been ironed out and there are no issues. He said that his intention was to make sure that the towns be in a position of control on the issue of recreational marijuana and not the marijuana industry.
"You're in the driver's seat–not the legislation, the law, the way it was written," he said.
The board agreed to vote at its meeting on either January 17 or January 24 whether to support drafting a Town Meeting article prohibiting retail recreational marijuana stores in Bourne.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Bourne Selectmen Receptive To Idea Of Opting Out Of Recreation Marijuana Sales
Author: Michael J. Rausch
Contact: 508-548-4700
Photo Credit: Michael J. Rausch
Website: The Enterprise
The board expressed no opposition to a suggestion from state Senator Viriato M. (Vinny) deMacedo that the board offer residents the opportunity to vote to prohibit retail establishments selling recreational marijuana in the Town of Bourne.
Sen. deMacedo addressed selectmen at their meeting Tuesday night, January 10. He told the board that the town's residents can vote to "opt out" of allowing the sale of recreational marijuana by stores in Bourne through approval of an article at Annual Town Meeting, scheduled for May 1. The Town Meeting vote would have to be followed by a ballot measure voted on during a subsequent Special Town Election. If the town takes no action, meaning no Town Meeting article, then as of July 1, retail recreational marijuana stores will automatically be legally allowed in Bourne, he said.
"Every community is in, unless they choose to make an action to get out," he said.
The senator pointed out to the board that on December 28, 2016, state lawmakers passed special legislation that delayed by six months enactment of the new law legalizing recreational marijuana. He said the delay would allow communities to establish local policies and procedures, zoning for instance, relative to retail marijuana stores.
"This is a 24-page piece of legislation; it's complicated. There's some areas in the law that would suggest one thing, but there's no clarity, so we're working to get clarity," he said.
The senator said that the law is vague because it was written by representatives within the marijuana industry for the benefit of the industry, not the commonwealth's communities. He said that the Legislature plans to address some issues not addressed in the law, including how police determine if someone is driving a motor vehicle under the influence of marijuana. The new law also calls for a Cannabis Control Commission, but it does not address how it should be implemented. Creation of the commission has similarly been delayed for six months, the senator said.
Sen. deMacedo also made it clear that any vote by the town's residents to prohibit retail recreational marijuana stores would not prevent medical marijuana facilities from setting up shop. Bourne has one such facility currently in the permitting process with the state. The Haven Center is to be located in the abandoned site of the Cartwheels 2 amusement center at 340 MacArthur Boulevard.
On Question 4, the legalization of recreational marijuana, Bourne went against the state trend. While the question passed statewide, Bourne residents said no, with 5,516 residents or 51.58 percent voting against it. The vote was relatively close, with 5,178 people, or 48.42 percent of voters, deciding in favor.
Sen. deMacedo said that the six-month delay in implementation of the law should be used by town officials to establish guidelines for marijuana businesses, should that trend reverse itself, and the town instead vote in favor of opting in. Under the new law, for every five liquor licenses issued by the town, one recreational marijuana license would have to be issued. That is the minimum.
"Start thinking about zoning and where you want these facilities, or do you want them anywhere. This is a decision you have to make as a community," he said.
He clarified that the requirement referred only to package stores–not restaurants and bars. Selectman Peter J. Meier said that there are 10 liquor stores in Bourne, so the town would have to approve two recreational marijuana licenses.
The new law does not automatically allow for so-called marijuana bars, places where people can go and legally smoke marijuana, similar to a bar where people go to consume alcohol. The senator said that the town would have to petition the state for permission to allow those types of establishments. Zoning for those types of businesses should also be explored, he said.
The new law also allows individual households to grow their own marijuana plants. According to the law, two people who are 21 years of age or older can grow six plants apiece, for a maximum of 12 plants. They cannot sell a plant or a byproduct of the plant, as sale of marijuana without being licensed by the state remains illegal. Marijuana plants can be gifted, though, he said.
Buzzards Bay resident James A. Mulvey peppered the senator with a variety of questions and concerns about the new legislation. Mr. Mulvey wondered if the people allowed to grow plants have to be blood relatives, or if the grower can be an in-law or a boarder. He also questioned where the plants can be grown in the home–a bedroom or in the basement. Similarly, can the plants be grown away from the home, on a separate piece of property? he asked. He asked what kind of security measures have to be taken by the grower under the law.
The senator said they were all questions with no answers at present and that still need to be addressed by lawmakers. That is why they passed the special legislation delaying implementation for six months, he said.
"If we're going to do this, we want to do this in the safest way possible," he said.
Bourne Police Chief Dennis R. Woodside agreed with the senator that the selectmen should present an article at Town Meeting and let residents vote. The chief noted that doing so is not circumventing the law that was passed by the will of the people in November.
"This is fully complying with the law," he said.
The senator said that the town can always revisit its decision to prohibit marijuana stores down the road if in a few years, the kinks in the law have been ironed out and there are no issues. He said that his intention was to make sure that the towns be in a position of control on the issue of recreational marijuana and not the marijuana industry.
"You're in the driver's seat–not the legislation, the law, the way it was written," he said.
The board agreed to vote at its meeting on either January 17 or January 24 whether to support drafting a Town Meeting article prohibiting retail recreational marijuana stores in Bourne.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Bourne Selectmen Receptive To Idea Of Opting Out Of Recreation Marijuana Sales
Author: Michael J. Rausch
Contact: 508-548-4700
Photo Credit: Michael J. Rausch
Website: The Enterprise
