MA: Sudbury Town Officials Consider Recreational Marijuana Restrictions

Ron Strider

Well-Known Member
Town officials have begun drafting proposals to place before voters at Town Meeting next May that would regulate — or possibly prohibit — the operation of recreational marijuana shops in Sudbury.

The Planning Board is aiming to decide on a way forward by early 2018, allowing time to place an article on the Town Meeting warrant. A moratorium on recreational dispensaries enacted earlier this year will expire at the end of June 2018.

Police Chief Scott Nix would prefer banning recreational pot stores here, citing among other concerns the difficulty of enforcing laws against driving under the influence of the drug, Town Manager Melissa Rodrigues told selectmen last week.

Selectmen on Tuesday reviewed a draft bylaw approved by town counsel that would prohibit recreational marijuana businesses. Alternatively, the town could choose to enact a zoning bylaw to restrict where such businesses can operate.

"May Town Meeting is coming quick and we do need to have a zoning bylaw prepared," Rodrigues told selectmen last week. She added that town officials should recommend one plan to Town Meeting.

The Planning Board will discuss the subject at a meeting on Dec. 13.

Selectmen are hosting a public forum on recreational marijuana on Saturday, March 3, 10 a.m. to 12:30 p.m., at Lincoln-Sudbury Regional High School.

Selectman Len Simon said the forum would feature a panel of experts, including the police chief and a physician, to inform residents and students about the new law, and to correct misconceptions about marijuana.

"This is a part of laying the groundwork for the town having informed and correct information when they vote in May," Simon said.

Massachusetts voters decriminalized recreational marijuana for people over age 21 in the November 2016 election, by a margin of 53.7 percent to 46.3 percent. But Sudbury voters narrowly opposed the ballot question, 5,518 votes to 5,291 votes.

Because Sudbury residents rejected the measure, the town can place restrictions on the recreational marijuana industry more easily than communities whose residents supported the new law.

Most notably, Sudbury can prohibit recreational cultivation centers or retail shops by a vote of Town Meeting. Communities where there was majority support for decriminalization can only enact bans through townwide ballot questions.

If it allows recreational operations, Sudbury Town Meeting will need to decide whether to place a local sales sax surcharge of 3 percent on the industry, adding to a 10.75 percent state sales tax.

Town Meeting already has a zoning bylaw for medical marijuana dispensaries, limiting those facilities to certain industrial zoning districts and requiring them to locate at least 500 feet away from places like schools, libraries and playgrounds.

No medical marijuana dispensaries have applied to open in Sudbury. Two dispensaries in Framingham, and one dispensary in Hudson, have received provisional approval from the state.

Even if Sudbury bans recreational operations, residents will still be allowed to possess and grow a limited amount of marijuana in their own homes. The town also cannot prevent marijuana deliveries to Sudbury addresses.

Simon said the new law was perhaps the most significant legislation in the state in three decades. "This is big stuff," Simon said, "and it's going to impact everybody in the commonwealth."

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Full Article: Sudbury: Town officials consider recreational marijuana restrictions - News - MetroWest Daily News, Framingham, MA - Framingham, MA
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