MA: Mansfield Mulls Marijuana Moratorium

Katelyn Baker

Well-Known Member
The town will ask voters at Town Meeting to approve an 18-month moratorium on recreational marijuana sales.

In the statewide election last November, voters approved a law allowing the cultivation, distribution, possession and use of marijuana for recreational purposes. On Dec. 15, it became legal for Massachusetts residents age 21 or older to possess, grow, use and "gift" certain amounts of marijuana, but the sale and distribution of recreational marijuana does not become legal until a new cannabis control commission issues regulations regarding implementation of the law, according to the Massachusetts Municipal Association.

The ballot question set a deadline of Sept. 15, 2017, for the regulations, but the state legislature in late December enacted a six-month extension, which the governor signed on Dec. 30. So the cannabis control commission now has until March 15, 2018, to issue regulations.

Selectmen and Planning Board members met March 1 to discuss possible articles to put before Town Meeting voters this spring regarding recreational marijuana.

The two boards discussed whether to propose a bylaw indicating where recreational marijuana sales would be allowed, but Planning Board Chairman Thomas French Jr. said there was probably no reason to act until next year.

Unlike the medical marijuana facility approved by the Planning Board recently, French said the industrial park is not a good location for recreational marijuana sales.

"Do we want to do a destination on Copeland Drive where Rite Aid sells cigarettes?" asked French. "Would the tobacco store downtown want to sell it? Or would it be better on Rt. 140 where people can get on and off the highway?"

French mentioned Mansfield has the Xfinity Center which could also be impacted.

"People consume a great deal of alcohol there and I assume they are going to consume marijuana as well," he said. "They probably do already.

"Some communities are banning it altogether or doing a moratorium," French said. "That may be where we choose to go as well."

"The law is very vague," Selectmen Chairman Jess Aptowitz said.

"My understanding is all of this will be quite fluid for a long time," Planning Board member Sharon Friedman said. "If we have a moratorium we have time to think this out."

"I think we should move ahead with a moratorium and look at the areas (where sales would be allowed) that you mentioned," Selectman Michael Trowbridge said.

"I would be comfortable with a moratorium as long as it would be up to the intent that was voted in the state election," Selectman Frank DelVecchio said.

The selectmen voted unanimously to save a place for a proposed moratorium article at Town Meeting on May 2. Ross said he would work with town counsel on the wording of the article.

The Attorney General's Office recently approved a local zoning bylaw that imposes a temporary moratorium on recreational marijuana businesses in West Bridgewater, according to the Massachusetts Municipal Association. West Bridgewater voted its moratorium at a December special town meeting, Town Administrator William Ross said.

The AG's office wrote that the moratorium is "consistent with the Town's authority to impose reasonable time limitations on development so that the Town can engage in a legitimate planning study."

Nearly two dozen communities have either enacted a moratorium or begun the process to bring the matter before their spring town meeting or municipal election, according to the Massachusetts Municipal Association.

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