Marion Planning Board approves marijuana bylaw

Aug 24, 2018

Marion Planning  Board approved a recreational adult-use marijuana bylaw aimed at protecting the town under a variety of circumstances, while allowing cannabis-related businesses but limiting them to small areas zoned for light industrial use.

The final incarnation of the town's proposed adult-use marijuana bylaw did not change substantively as a result of the Aug. 23, special planning board hearing from when it was first presented in draft at the board's Aug. 2,  bylaw subcommittee meeting.

The final draft of the adult use of marijuana bylaw pays much attention to the location of marijuana processing facilities, and in general where smoking is and is not permitted. It states that no adult use marijuana establishments be within 300 feet of a residential zoning district, or within 500 feet of schools, child-care facilities or playgrounds. It also states that no smoking, burning, vaping or consumption of any product containing marijuana products can be smoked on the premises of a retail marijuana establishment.

A special permit would be needed for cultivation of marijuana for adult use, processing and packaging of marijuana, including marijuana that is in the form of smoking or vaping materials, food products, oils, aerosols, ointments, tinctures and other products, and for retail sale or distribution of marijuana.

It also lays out what is required of people wanting to start an adult use marijuana establishment in town, including the name and address of each business partner, copies of all required licenses and permits issued to the applicant by the state, and any other agencies for the establishment. If the premises to be used for a marijuana facility is leased, proof that the building owner’s “assent to the application.” There must also be security measures at the establishment, including, but not limited to, secure storage area and limited access areas. Security measures will have to be reviewed and approved by local police.

The bylaw proposal also requires that signs for all marijuana establishments be approved by the special permit granting authority through a site plan review by the town planning board.

Like tobacco and alcohol products, the legal age to purchase marijuana and its derivatives is 21 years and older.

Planning board members Will Saltonstall, Norm Hills, Steve Kokkins, Eileen Marum, Andrew and Kristen Saint Don-Campbell some time tweaking verbiage in the six-page document researched and written by Marum.

There was not total agreement with the end result of the bylaw, with board member Kristen SaintDon-Campbell saying several times she thinks that cannabis-related businesses should be allowed in business districts. However, the majority of board members were more comfortable limiting those businesses to a light industrial area.

Marion Planning Board's Aug. 23, hearing, which was held at Marion Music Hall, drew just eight people to the spacious hall. One of those people was Henry Mauro, who expressed some concern that marijuana would be allowed on any level in town. The law legalizing adult-use recreational marijuana  passed in Marion last November by just seven votes. Mauro said he planned to start a citizen's petition to get the town to repeal that vote, and not allow any pot businesses in town.

The planning board was in a race to beat the clock. The board had to have a public hearing before an August 31, deadline in time to make it on the Oct. 22, special town meeting warrant.

Meanwhile, a public hearing on the warrant is supposed to take place prior to the special town meeting, however, as of Aug. 23, no date has been set for that public hearing.