Katelyn Baker
Well-Known Member
Westborough - Voters at the annual election and town meeting in March will be asked to decide whether the town should prohibit marijuana businesses that are not medical.
In November, 54 percent of Massachusetts voters approved the legalization of recreational marijuana use for people 21 and older. But Westborough voters rejected the measure 5,044 to 4,561.
Town Manager James J. Malloy said the Board of Selectmen on Jan. 10 voted 4-1 to put a question on the March 7 annual ballot and two articles on the March 18 town meeting warrant asking whether the town should prohibit the operation of all types of licensed marijuana-related businesses, including cultivators, testing facilities, product manufacturers and retailers. He said the questions do not apply to medical marijuana.
"I think they feel it's the best thing for the community," Malloy said Monday when asked why the board took the action. He noted that the ballot referendum and warrant articles do not affect parts of the law that allow personal consumption of marijuan and growing a certain number of plants in the home.
Longtime Selectman Denzil Drewry, the lone dissenter, said he supports the town opting out of allowing the sale of recreational marijuana, but he thinks the measure should only go before voters at the annual town meeting. He said that it is town meeting that establishes bylaws. Drewry said although a lot of people don't attend town meeting, that is the best place to debate an issue and provide information to help voters make an educated decision.
"I am not against the opt-out," Drewry said. "I voted against putting it on the ballot. I think it should be on the town meeting warrant."
Malloy said Town Counsel Joel Bard of KP Law reviewed the matter and recommended that the town use both avenues to be on the safe side.
"He indicated that because of the way the state ballot question was worded, the town needed to approve a bylaw by the ballot question. But he also thought we should also do it by a town meeting vote to cover our bases," Malloy said.
Shawn Collins, director of policy and legislative affairs in the state treasurer's office, said the provision in the law that allows municipalities to opt out of commercial recreational marijuana sales "requires a popular vote," which means the ballot. The state treasurer has to appoint three members to a Cannabis Control Commission by Sept. 1, to promulgate the regulations and begin accepting applications for retailers April 1, 2018. Licenses are expected to be issued July 1, 2018.
"Through a ballot question. That's the only way," Collins said. "The (November) ballot question is pretty specific about there having to be an election."
Town officials are not sure what will happen if the ballot question and the town meeting produce opposing votes. If the measure is defeated at the polls and at town meeting, Malloy said, existing bylaws would remain in effect.
Town meeting in October, in anticipation of the possible legalization of the recreational use of marijuana, approved zoning bylaws that aligned recreational marijuana retail with current zoning for medical marijuana establishments. That zone is located on a private way owned by Herb Chambers on Route 9, near the Northborough town line. The state attorney general's office is still reviewing the proposed bylaw.
The town of Stoughton has the same question on its April 4 election ballot. Both towns have town counsels from KP Law. But unlike Westborough voters, Stoughton voters endorsed the November legalization of recreational marijuana by 263 votes. Stoughton Town Manager Michael J. Harman referred questions to David J. Sousa, chairman of the Stoughton Board of Selectmen, who did not return several phone calls.
No state agency currently seems to be tracking which communities are trying to opt out of allowing recreational marijuana retail establishments.
Chandra Allarad, spokeswoman for the state treasurer's office, said the Cannabis Control Commission likely will do that at some point.
"I assume the Cannabis Control Commission, which is yet to be formed, is going to be tracking this information," Ms. Allard said.
The attorney general's office must approve any requested moratoriums for implementing the law, a spokeswoman said. The attorney general's office also will review any bylaws regulating or opting out of the retail component of the law.
To date, the attorney general's office has approved a temporary moratorium in West Bridgewater. The office is also reviewing proposed temporary moratoriums in Millbury and Ashland.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Author: Elaine Thompson
Contact: 508-626-3800
Photo Credit: Christine Hochkeppel
Website: Wicked Local Westborough
In November, 54 percent of Massachusetts voters approved the legalization of recreational marijuana use for people 21 and older. But Westborough voters rejected the measure 5,044 to 4,561.
Town Manager James J. Malloy said the Board of Selectmen on Jan. 10 voted 4-1 to put a question on the March 7 annual ballot and two articles on the March 18 town meeting warrant asking whether the town should prohibit the operation of all types of licensed marijuana-related businesses, including cultivators, testing facilities, product manufacturers and retailers. He said the questions do not apply to medical marijuana.
"I think they feel it's the best thing for the community," Malloy said Monday when asked why the board took the action. He noted that the ballot referendum and warrant articles do not affect parts of the law that allow personal consumption of marijuan and growing a certain number of plants in the home.
Longtime Selectman Denzil Drewry, the lone dissenter, said he supports the town opting out of allowing the sale of recreational marijuana, but he thinks the measure should only go before voters at the annual town meeting. He said that it is town meeting that establishes bylaws. Drewry said although a lot of people don't attend town meeting, that is the best place to debate an issue and provide information to help voters make an educated decision.
"I am not against the opt-out," Drewry said. "I voted against putting it on the ballot. I think it should be on the town meeting warrant."
Malloy said Town Counsel Joel Bard of KP Law reviewed the matter and recommended that the town use both avenues to be on the safe side.
"He indicated that because of the way the state ballot question was worded, the town needed to approve a bylaw by the ballot question. But he also thought we should also do it by a town meeting vote to cover our bases," Malloy said.
Shawn Collins, director of policy and legislative affairs in the state treasurer's office, said the provision in the law that allows municipalities to opt out of commercial recreational marijuana sales "requires a popular vote," which means the ballot. The state treasurer has to appoint three members to a Cannabis Control Commission by Sept. 1, to promulgate the regulations and begin accepting applications for retailers April 1, 2018. Licenses are expected to be issued July 1, 2018.
"Through a ballot question. That's the only way," Collins said. "The (November) ballot question is pretty specific about there having to be an election."
Town officials are not sure what will happen if the ballot question and the town meeting produce opposing votes. If the measure is defeated at the polls and at town meeting, Malloy said, existing bylaws would remain in effect.
Town meeting in October, in anticipation of the possible legalization of the recreational use of marijuana, approved zoning bylaws that aligned recreational marijuana retail with current zoning for medical marijuana establishments. That zone is located on a private way owned by Herb Chambers on Route 9, near the Northborough town line. The state attorney general's office is still reviewing the proposed bylaw.
The town of Stoughton has the same question on its April 4 election ballot. Both towns have town counsels from KP Law. But unlike Westborough voters, Stoughton voters endorsed the November legalization of recreational marijuana by 263 votes. Stoughton Town Manager Michael J. Harman referred questions to David J. Sousa, chairman of the Stoughton Board of Selectmen, who did not return several phone calls.
No state agency currently seems to be tracking which communities are trying to opt out of allowing recreational marijuana retail establishments.
Chandra Allarad, spokeswoman for the state treasurer's office, said the Cannabis Control Commission likely will do that at some point.
"I assume the Cannabis Control Commission, which is yet to be formed, is going to be tracking this information," Ms. Allard said.
The attorney general's office must approve any requested moratoriums for implementing the law, a spokeswoman said. The attorney general's office also will review any bylaws regulating or opting out of the retail component of the law.
To date, the attorney general's office has approved a temporary moratorium in West Bridgewater. The office is also reviewing proposed temporary moratoriums in Millbury and Ashland.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Author: Elaine Thompson
Contact: 508-626-3800
Photo Credit: Christine Hochkeppel
Website: Wicked Local Westborough
