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HomeMy WebLinkAboutLocal Recreational Marijuana Regulation OptionsPROHIBIT the operation of one or more types of marijuana establish- ments; or LIMIT the number of any type of mari- juana establishment to fewer than the number of medical marijuana treat- ment centers; or LIMIT the number of marijuana retail- ers to fewer than 20% of the number of retail o premises alcoholic beverage licenses. In November 8, 2016, the citizens of Massachuses voted in favor of Massachuses Marijuana Legalization Initiative, also known as Question 4. Out of 6,581 ballots cast, 4,083 votes were in favor of Question 4. The Massachuses Marijuana Legalization Initiative proposes to legalize marijuana but regu- late it in ways similar to alcoholic beverages. At the November 6, 2017 Special Town Meet- ing, Nantucket adopted a temporary morato- rium on the use of land or structures for a recreational marijuana establishment and other uses related to recreational marijuana. THE MORATORIUM IS IN EFFECT UNTIL DECEMBER 31, 2018. Massachusetts Nantucket 53.66% 46.34% 62% 35% How will these regulations aect Nantucket? Since Nantucket voted YES to Question 4, two votes must be taken before a prohibiting or limit- ing bylaw can be eective: (1) the bylaw MUST be approved at town meeting; (2) the bylaw MUST be approved by the voters by ballot at an election. What can municipalities regulate via a bylaw? Municipalities may regulate the “TIME, PLACE and MANNER” of marijuana estab- lishment operations and impose reasonable safeguards. •May include special permit or site plan review. •May include creation of overlay districts. Also, the Cannabis Control Commission regu- lations provide that a municipality may imple- ment its own licensing process/fees provided it does not conflict with state law. For more information and latest updates on this maer, visit: www.nantucket-ma.gov/MarijuanaRegulations The purpose of the October 10, 2018 Special Town Meetingis for Nantucket voters to decide whether or not to limit or prohibit recreational marijuana establishments. Additional procedural requirements may apply to implement the following: LOCAL MARIJUANAREGULATION RECREATIONAL OPTIONS The purpose of the moratorium is to allow for a planning process to: – address the potential impacts of recreational marijuana in the Town; – consider the March 23, 2018 Cannabis Control Commission final regulations regarding recre- ational marijuana establishments; – consider adopting or amending new bylaws in response to these new issues. See map on reverse page for current zoning. + + With no prohibition or limits, the Select Board retains licensing authority through a Host Com- munity Agreement (HCA) and planning will be required to approve a special permit. CI (commercial industrial) CN (commercial non-residential) - Recreational marijuana establishments shall be located in standalone facilities and are not allowed within a building or structure containing other retail, commercial, residential, industrial, or other uses, except for co-location with a licensed medical marijuana treatment center. - A minimum separation of 500 feet, measured between lot lines, between recreational marijuana establish- ments and state-certified public or private schools or state-licensed day-care centers. - No building permit for a recreational marijuana establishment shall issue until the applicant has executed a Host Community Agreement with the Town. Town of Nantucket 16 Broad Street Nantucket, MA 02554 LOCAL CURRENT ZONING OF ADULT USE (RECREATIONAL) MARIJUANA MARIJUANA REGULATION RECREATIONAL OPTIONS