WESTFIELD – The Legislative & Ordinance Committee voted 3-0 last night to send a positive recommendation to the full City Council to adopt a temporary ban on the establishment of medical marijuana facilities in the city.
The moratorium, requested by the Planning Board to allow time for development of local zoning regulations, would be in effect for a year or until a local zoning regulation is adopted.
The L&O members discussed the proposed ordinance that would establish a moratorium with Principal Planner Jay Vinskey, who suggested that the wording of the ordinance ban be modified to be consistent with just released state regulations from the Public Safety Council.
“The Planning Board endorsed (a ban for) a year ‘or until such time as an ordinance is in place’,” Vinskey said. “The state has released regulations now. The name, in the new regulations, changed from medical marijuana treatment centers, which is the language in the law, to dispensaries.”
Vinskey suggested that the moratorium ordinance reflect that change.
“I want to be prepared if a dispensary ever comes to Westfield,” Ward 1 Councilor Christopher O’Keeffe, who is also the L&O chairman, said. “We have to decide where we’d put it. Is the Planning Board hammering out the (zoning) ordinance?”
Vinskey said the Planning Board has accepted an offer from the Pioneer Valley Planning Commission to assist the city in developing zoning codes to control the location of dispensaries. The city cannot ban those facilities outright, but it can identify certain zoning districts and establish other requirements, such as 1,000-foot buffers from churches, schools and other institutions.
The L&O voted to amend the proposed moratorium ordinance, to bring it in line with the new state regulations and bring it out Thursday night at the full City Council session.
The citizens of the Commonwealth approved a referendum last November to allow the use of marijuana for medical purposes and the law went into effect in January, before the state Department of Health could provide regulations to control establishment of medical marijuana dispensaries, marijuana growing facilities and other aspects of the new law.
Boards of Health have also been awaiting the DPH regulations to determine what role they will play in the new medical marijuana processes.
The proposed moratorium reads:
Section 4-92 – Interim Restriction for Medical Marijuana Uses. While the City recognizes An Act for the Humanitarian Medical Use of Marijuana (Chapter 369 of the Acts of 2012, enacted by the People of the Commonwealth of Massachusetts), but since the Massachusetts Department of Public Health has yet to promulgate the regulations for Medical Marijuana Treatment Centers (Dispensaries), as defined and registered pursuant to the laws and regulations of the state, and where such regulations must be known and duly considered in order to effectively evaluate any impact of such novel use in regard to public health, safety and welfare, this interim restriction is hereby established. This section is not intended, nor shall it be construed, to restrict marijuana from qualifying patients (or their personal caregivers), where properly licensed and registered pursuant to all applicable state laws and regulations, for their own personal use.
In any zoning district, a Medical Marijuana Treatment Center, or any other establishment that acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers marijuana, or products containing marijuana, shall not be permitted, whether as a principal or accessory use.
This section shall remain effective until, and through, May 1, 2014, or such time that zoning regulations superseding any provision of this section are duly adopted.
