No Marijuana Treatment Center Bans; Yes to Regulation

Swampscott officials were awaiting today's announcement by the Massachusetts attorney general on by-laws prohibiting medical marijuana dispensaries in Massachusetts towns including Wakefield.

They learned that towns can not prohibit the dispensaries.

But they also learned that towns can regulate their location.

In 2012 Massachusetts became the 18th state to legalize medical marijuana. Patients with HIV, multiple sclerosis, hepatitis C, or other conditions can obtain a card from the state allowing them to purchase the drug.

The law allows up to 35 nonprofit dispensaries in the state, and there must be at least one in each county, Swampscott Town Administrator Tom Younger said earlier. 

Younger was one of four Swampscott officials who attended the Local Government and Medical Marijuana workshop at the Massachusetts Municipal Association's annual meeting in January.

According to a news release from the attorney general today, towns are not permitted to enact a total ban on marijuana treatment centers.

Attorney General Martha Coakley’s Office ruled Wednesday in a decision regarding a by-law passed by the Town of Wakefield. Towns, however, are able to adopt zoning by-laws to regulate such treatment centers and to enact temporary moratoriums on the development of the centers, according to the Attorney General’s Office.

In the decision issued today to the Town of Wakefield, the AG ruled that the outright ban conflicted with the statute passed by ballot petition in 2012 that ensures reasonable access to marijuana treatment centers. 

That law’s purpose cannot be served if a municipality were to prohibit treatment centers within its borders, for if one municipality were allowed to do so, all could do so, making reasonable access impossible. 

The AG’s office did conclude that municipalities can adopt other zoning by-laws to regulate, for example, the location of these treatment centers within the town.

In a separate decision also issued today, AG Coakley approved a by-law imposing a temporary moratorium on marijuana treatment centers in the Town of Burlington, pending further study of the zoning issue.

The decision was in response to a by-law passed by the Town, which imposed a temporary moratorium on these centers until June 30, 2014. The temporary moratorium is consistent with the Town’s authority to impose reasonable time limitations on development while it conducts planning studies and considers the implication of state Department of Public Health regulations concerning such centers, which are expected to be issued in May 2013.

The AG’s Municipal Law Unit reviews all by-laws adopted or amended by a town. The AG’s Office reviews by-laws solely to ensure their consistency with state and federal law; the review is not based on any policy views of the Attorney General or her office.

For access to the Wakefield decision, click here. For access to the Burlington decision, click here.

The Swampscott officials, including Town Administrator Tom Younger, are also awaiting the Massachusetts Department of Public Health's establishment of regulations governing the dispensaries.

Last fall voters in Massachusetts overwhelmingly approved the use of marijuana for medicinal purposes.

The voting on Question 3 in Swampscot was: