The Massachusetts Medical Marijuana Initiative, also known as "Ballot Question Three," was approved by voters at the Massachusetts State election on November 6, 2012. The law regulates the cultivation, distribution, possession, and use of marijuana for medical purposes. The law is effective on January 1, 2013, and the State Department of Public Health is directed to promulgate regulations regarding implementation of the law within 120 days after the law's effective date.
Under the current Zoning Ordinance, a medical marijuana treatment center is not defined and is not a permitted use in the Town. The Department of Public Health regulations should provide guidance to communities regulating medical marijuana treatment centers at the local level. 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 medical marijuana treatment center. The moratorium, of a finite duration, will allow the Town to carefully study the potential impacts, both primary and secondary, of such centers and, through a directed planning process, recommend zoning ordinance amendments to address the Town's concerns in the context of the Master Plan and other Town planning goals and objectives.