Dedham City Zoning Code
ARTICLE XIII
Moratorium on Marijuana Establishments
§ 280-13.1 History.
By vote at the State election on November 8, 2016, the voters of the Commonwealth of Massachusetts approved a law regulating the cultivation, distribution, possession, and use of marijuana for recreational purposes. The law provides that it is effective on December 15, 2016.
§ 280-13.2 Purpose.
A.
This bylaw is designed to allow the Town of Dedham sufficient time to engage in a planning process to address the effects of Marijuana Establishments and related uses in the Town, and to enact bylaws and regulations, as necessary, in a manner consistent with sound land use and municipal planning goals and objectives.
B.
Currently, Marijuana Establishments are not specifically addressed under the Zoning Bylaw. Regulations required to be promulgated by the State Cannabis Control Commission are expected to provide guidance to the Town in regulation Marijuana Establishments newly authorized. The regulation of recreational marijuana raises novel and complex legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of Marijuana Establishments and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Marijuana Establishments and other uses related to the regulation of recreational marijuana.
§ 280-13.3 Definition.
A "marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business," as defined by Massachusetts law only.
§ 280-13.4 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 the use of land or structures for Marijuana Establishments and other uses related to recreational marijuana. The moratorium shall be in effect through December 31, 2018, or six months from the date that final regulations are issued by the Cannabis Control Commission, whichever date is later, until such time as the Town adopts Zoning Bylaw amendments that regulate the uses subject to this moratorium, whichever occurs earlier. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, consider the Cannabis Control Commission regulations regarding Marijuana Establishments and related uses, and shall consider adopting new zoning bylaws to address the impact and operation of Marijuana Establishments and related uses.