The Initiative Petition for the Regulation and Taxation of Marijuana, also known as Ballot Question Four, was approved by voters at the Massachusetts State election on November 8, 2016. The purpose of this Act is to control the production and distribution of marijuana under a system that licenses, regulates and taxes the businesses involved in a manner similar to alcohol and to make marijuana legal for adults 21 years of age or older. The Act takes effect on December 15, 2016. Section 5 of the Act provides that a city or town may adopt ordinances and by-laws that impose reasonable safeguards on the operation of marijuana establishments, provided they are not unreasonably impracticable and are not in conflict with the Act or with regulations made pursuant to the Act.

Under the current Zoning Ordinance, a marijuana establishment is not defined and is not a permitted use in the city. As this is a new type of land use in the state, there will be unique and new aspects to the use that could require oversight and regulations. These local impacts, which could be legal, land use, public safety, and public health, should be evaluated and addressed in a comprehensive manner in the Zoning Ordinance prior to the permitting of a marijuana establishment. The moratorium, of a finite duration, will allow the city to carefully study the potential impacts, both primary and secondary, of such establishments and, through a directed planning process, recommend zoning ordinance amendments to address the city's concerns in the context of the master plan and other city planning goals and objectives.

(Ord. No. K12, 10-8-17)

"Marijuana establishment", a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.

(Ord. No. K12, 10-8-17)

(a)

No building permit, special permit, variance, site plan or other permit may be issued under this zoning ordinance, and no use of land or structures shall be allowed for the purpose of establishing a marijuana establishment.

(b)

The moratorium shall be in effect through and including for six (6) months after enactment of this ordinance, or until such time as zoning amendment as adopted that address marijuana establishments, whichever shall be sooner.

(Ord. No. K12, 10-8-17)

This article shall be effective in all zoning districts in the city, including overlay districts.

(Ord. No. K12, 10-8-17)