Cohasset City Zoning Code
ARTICLE 21
Temporary Moratorium on Marijuana Establishments
§ 300-21.1 Purpose.
A.
On November 8, 2016, the voters of the commonwealth voted in favor of a ballot initiative petition for a law to regulate the possession, use, cultivation, production, distribution and sale of marijuana and marijuana products by adults 21 years of age or older through a licensing program yet to be fully defined and regulations yet to be adopted. That law expressly states that municipalities may, among other things, adopt bylaws that impose reasonable safeguards on the operation of marijuana establishments, including bylaws that govern the time, place and manner of marijuana establishment operations and number of marijuana establishments, provided that such bylaws are not unreasonably impracticable or in conflict with the law or regulations.
B.
Currently under the Zoning Bylaw, marijuana establishments are not a permitted use in the Town and any regulations promulgated by the Cannabis Control Commission are expected to provide guidance to the Town in regulating marijuana establishments. Marijuana establishments are a new use and the regulation of marijuana establishments raises novel and complex legal, planning, and public safety issues. The Town needs time to study and to consider addressing such use and issues, as well as the potential impacts of regulations to be made by the Cannabis Control Commission.
C.
The purpose of this article is intended to provide the Town with adequate time to study, reflect and decide how to govern the time, place and manner of marijuana establishment operations and the number of marijuana establishments through bylaws that are not unreasonably impracticable and that are consistent with the Law and the regulations to be developed by the Cannabis Control Commission to implement the Law.
§ 300-21.2 Definitions.
The following definitions shall apply to this Article 21, inclusive. Other terms that are not expressly defined herein shall have the definition and meaning given to them by the Law. All other terms shall be given their ordinary, plain meaning.
A person who is at least 21 years of age.
Chapter 94G of the General Laws, as implemented by Chapter 334 of the Acts of 2016, as amended by Chapter 351 of the Acts of 2016, as any of the same may be amended from time to time.
To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
An entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
All parts of any plant of the genus Cannabis not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in MGL c. 94C, § 1, provided that "marijuana" shall not include:
The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;
Hemp; or
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
An entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.
To harvest, dry, cure, trim and separate parts of the marijuana plant by manual or mechanical means, except it shall not include manufacture as defined above.
§ 300-21.3 Temporary moratorium.
For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on all uses of land and structures for marijuana establishments under the Law. Marijuana establishments shall not be permitted in any zoning district in the Town so long as this Article 21 is effective, as set forth in § 300-21.4 below. Variances for marijuana establishments shall be strictly prohibited.
§ 300-21.4 Expiration.
[Amended 4-30-2018 ATM by Art. 19; 4-30-2018 ATM by Art. 23]
Article 21 of the Zoning Bylaw and the temporary moratorium shall be in effect through the end of December 31, 2018.