Ron Strider
Well-Known Member
Without debate this week, the City Council took two actions after receiving a communication for City Solicitor Ellen Callahan Doucette regarding how the city should deal with ensuring safe access to marijuana in light of a recent state ballot question legalizing marijuana.
If enacted, legislation would involve both changes to the city's ordinances and to the city's municipal code.
Any change to the city's ordinance would require a public hearing and was sent to the Ordinance Committee.
The suggested change to the municipal code was sent to the Ordinance Committee for further review.
According to Callahan, "H.3818 is the compromise bill regarding recreational marijuana (M.G.L. c.94G or Question 4) which has been enacted by both the House and the Senate, and signed by the Governor on June 20, 2017. The legislation contains an emergency preamble and will be effective immediately, One of the key revisions to M.G.L. c.94G will be of particular interest to the Council."
Callahan adds, "Responding to requests for clarity regarding these actions which will suffice as a "vote of the voters", H.3818 establishes the procedure for adopting an ordinance or by-law to limit or prohibit recreational marijuana facilities, including the requisite ballot question language, and the requirement for a summary drafted by municipal counsel.
She continues, "However, in those cities and towns where Question 4 was disapproved, only the vote of the local legislative body adopting an ordinance or by-law will be sufficient to limit or ban the sale or manufacture of recreational marijuana, as long as the ordinance or by-law is adopted prior to December 31, 2019. After December 31, 2019, the ballot question procedure will apply to limit or ban such facilities whether or not a city or town's voters disapproved Question 4. [Question 4 did not pass in 91 communities.]
"Assuming the Governor approves H.3818, the City Council could enact the ordinance amendments that I provided previously in the form of ballot questions. I've revised that document and have attached it hereto for the Council's consideration."
Callahan states H.3818 included other key revisions for c.94G include an increase in the marijuana excise tax to 10.75% (including the 6.25% local tax rate) and an increase in the local option cap from 2% to 3% for a total tax rate of 20% [the new taxes do not apply to medical marijuana.]; eliminating the requirement that if a medical marijuana treatment center is permitted, that a recreational marijuana facility must also be permitted in the same area (only the conversion from medical facilities licensed prior to July 1, 2017 to recreational remains protected); and allowing host community agreements to include a community impact fee, so long as the fee is reasonably related to the costs imposed upon the community by the operation of the establishment.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Recreational marijuana update received by council | Woburn | homenewshere.com
Contact: Contact Us | Site | homenewshere.com
Photo Credit: Jason Bean
Website: homenewshere.com | Local news provided by local people
If enacted, legislation would involve both changes to the city's ordinances and to the city's municipal code.
Any change to the city's ordinance would require a public hearing and was sent to the Ordinance Committee.
The suggested change to the municipal code was sent to the Ordinance Committee for further review.
According to Callahan, "H.3818 is the compromise bill regarding recreational marijuana (M.G.L. c.94G or Question 4) which has been enacted by both the House and the Senate, and signed by the Governor on June 20, 2017. The legislation contains an emergency preamble and will be effective immediately, One of the key revisions to M.G.L. c.94G will be of particular interest to the Council."
Callahan adds, "Responding to requests for clarity regarding these actions which will suffice as a "vote of the voters", H.3818 establishes the procedure for adopting an ordinance or by-law to limit or prohibit recreational marijuana facilities, including the requisite ballot question language, and the requirement for a summary drafted by municipal counsel.
She continues, "However, in those cities and towns where Question 4 was disapproved, only the vote of the local legislative body adopting an ordinance or by-law will be sufficient to limit or ban the sale or manufacture of recreational marijuana, as long as the ordinance or by-law is adopted prior to December 31, 2019. After December 31, 2019, the ballot question procedure will apply to limit or ban such facilities whether or not a city or town's voters disapproved Question 4. [Question 4 did not pass in 91 communities.]
"Assuming the Governor approves H.3818, the City Council could enact the ordinance amendments that I provided previously in the form of ballot questions. I've revised that document and have attached it hereto for the Council's consideration."
Callahan states H.3818 included other key revisions for c.94G include an increase in the marijuana excise tax to 10.75% (including the 6.25% local tax rate) and an increase in the local option cap from 2% to 3% for a total tax rate of 20% [the new taxes do not apply to medical marijuana.]; eliminating the requirement that if a medical marijuana treatment center is permitted, that a recreational marijuana facility must also be permitted in the same area (only the conversion from medical facilities licensed prior to July 1, 2017 to recreational remains protected); and allowing host community agreements to include a community impact fee, so long as the fee is reasonably related to the costs imposed upon the community by the operation of the establishment.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Recreational marijuana update received by council | Woburn | homenewshere.com
Contact: Contact Us | Site | homenewshere.com
Photo Credit: Jason Bean
Website: homenewshere.com | Local news provided by local people
