Harwich City Zoning Code
ARTICLE XXII
Temporary Moratorium on the Sale and Distribution of Recreational Marijuana
[Added 5-1-2017 ATM by Art. 37]
§ 325-134 Purpose.
A.
By vote at the state election on November 8, 2016, the voters of the commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for recreational purposes. The law took effect on December 15, 2016, and (as amended on December 30, 2016; Chapter 351 of the Acts of 2016, and thereafter, on July 28, 2017, by Chapter 55 of the Acts of 2017) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018, and begin accepting applications for licenses on April 1, 2018.
[Amended 5-7-2018ATM by Art. 36]
B.
Currently under the Zoning Bylaw, nonmedical marijuana establishments (hereinafter a "recreational marijuana establishment") as defined in MGL c. 94G, § 1, are not specifically addressed in the Zoning Bylaw, and any regulations promulgated by the State Cannabis Control Commission are expected to provide guidance to the Town in regulating recreational marijuana establishments.
[Amended 5-7-2018ATM by Art. 36]
C.
The regulation of recreational marijuana establishments and marijuana retailers raise novel and complex legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of recreational marijuana establishments and address such 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 recreational marijuana establishments and other uses related to the regulation of recreational marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for recreational marijuana establishments so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to adopt provisions of the Zoning Bylaw in a manner consistent with sound land use planning goals and objectives.
§ 325-135 Definitions.
INDEPENDENT TESTING LABORATORY
An entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.
[Added 5-7-2018ATM by Art. 36]
MANUFACTURE
To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
MARIJUANA ACCESSORIES
Equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.
MARIJUANA CULTIVATOR
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.
MARIJUANA ESTABLISHMENT
A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
[Amended 5-7-2018ATM by Art. 36]
MARIJUANA PRODUCT MANUFACTURER
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.
MARIJUANA PRODUCTS
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.
MARIJUANA RETAILER
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.[1]
[1]
Editor’s Note: The former definition of “marijuana testing facility,” which immediately followed this definition, was repealed 5-7-2018 ATM by Art. 36. See now the definition of “independent testing laboratory.”
§ 325-136 Temporary moratorium.
[Amended 5-7-2018ATM by Art. 36]
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 recreational marijuana establishments. The moratorium shall be in effect through December 31, 2018. 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's regulations regarding recreational marijuana establishments and related uses, determine whether the Town shall restrict any, or all, recreational marijuana establishments and shall consider adopting new provisions of the Zoning Bylaw to address the impact and operation of recreational marijuana establishments and related uses.
§ 325-137 Severability.
The provisions of this bylaw are severable. If any provision, paragraph, sentence, or clause of this bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.