planning for medical marijuana facilities in massachusetts · medical use of marijuana new england...

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Boston | Hartford | New York | Providence | Stamford | Albany | Los Angeles | Miami | New London | rc.com © 2015 Robinson & Cole LLP O CTOBER 29, 2015 K ARLA L. C HAFFEE B ERKSHIRE R EGIONAL P LANNING C OMMISSION 5 TH T HURSDAY P RESENTATION D INNER Planning for Medical Marijuana Facilities in Massachusetts

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Boston | Hartford | New York | Providence | Stamford | Albany | Los Angeles | Miami | New London | rc.com © 2015 Robinson & Cole LLP

O C T O B E R 2 9 , 2 0 1 5

K AR L A L . C H AF F E E

B E R K S H I R E R E G I O N AL P L AN N I N G C O M M I S S I O N

5 T H T H U R S D AY P R E S E N TAT I O N D I N N E R

Planning for Medical Marijuana

Facilities in Massachusetts

2 2

An Act for the Humanitarian

Medical Use of Marijuana

3 3

STATUS: An Act for the Humanitarian

Medical Use of Marijuana

As of October 1, 2015:

13,607 registered and active patients

Based on Colorado’s experience, Massachusetts

projects that 2% of the population (132,000

people) will qualify as registrants.

554 registered and active caregivers

19,783 active physician certifications issued

4 4

STATUS: An Act for the Humanitarian

Medical Use of Marijuana

New England Treatment Access, Inc. in

Northampton (approval to sell, Sept. 23, 2015)

In Good Health, Inc. in Brockton (approval to sell,

Sept. 3, 2015)

Alternative Therapies Group Inc. in Salem (approval

to sell, June 23, 2015)

Final Certificates of Registration granted to RMDs in

Ayer and Lowell

154 RMDs have submitted an application of intent

5 5

The Act Requires….

Between one and 5 RDMs per county

“Hardship” cultivation

Buffers of 500 feet from facilities where “children

commonly congregate”

Stocks based on projected need

Annual registration renewal

Online registration for patients,

caregivers, physicians and dispensary

agents

6 6

Becoming a Registered Marijuana Dispensary

Requirements:

Non-profit

Vertically integrated

Process:

Application

● Siting Profile

● Letter of Support or Non-Opposition

Inspection Phase/ Local permitting

Final Certificate of Registration

Approval to Sell

7 7

Municipal Options

Do Nothing

Moratorium

Pass consistent local regulation

“Although we conclude that a municipality may not

completely ban such centers within its borders,

we also conclude that municipalities are not

prohibited from adopting zoning by-laws to

regulate medical marijuana treatment centers, so

long as such zoning by-laws do not conflict with

the Act …..” Attorney General decision (March 13, 2013)

8 8

Municipal Options

What laws conflict with the Act?

Prohibition

● Compliance with federal law

Some local registration requirements

Home-cultivation special permit or other limitation

Prohibition on home delivery

Certain screening requirements

Compromises to facility security

“Mitigation” payments

9 9

Municipal Options

What can a municipality regulate?

Reasonable hours of operation

Reasonable buffer requirements

Dimensional requirements

Designate zones

Traffic & circulation

Design review

Signage & lighting

The Act also requires coordination with local law enforcement

10

Summary: Drafting

Keep in mind:

Supremacy and

Preemption

To avoid preemption by state, local

zoning ordinances should:

Avoid direct conflict with state statutory

scheme

Be aware of rights created by state

statute

To avoid preemption by state, local

zoning ordinances should not:

Permit conduct which state prohibits

Prohibit conduct which state permits

Penalize conduct which state exempts

from penalty

11

State Laws: Status of Marijuana Laws

12

What to expect with

recreational legalization?

13 13

Higher visibility = cultural change?

14 14

Remind you of anything?

15 15

Is dope the next craft beer?

16 16

“Artisanal” edibles

17

Federal Laws: Schedule I Drugs

Marijuana maintains its

Schedule I classification

The drug or other substance has a high

potential for abuse

The drug or other substance has no currently

accepted medical use in treatment in the

United States

There is a lack of accepted safety for the use

of the drug or other substance under medical

supervision

Schedule I drug examples:

Heroin

LSD

Ecstasy

Schedule II drug examples:

Cocaine

Morphine

Oxycodone

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KARL A L . CHAF F EE

RO BI NSO N & CO L E L L P

O NE BO STO N PL ACE, 25T H F L O O R

BO STO N, MA 02108

DI RECT 617 . 557 . 5956

KCHAF F EE@RC. CO M

BL O G : W W W. RL UI PA- DEF ENSE. CO M

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