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HomeMy WebLinkAboutAct to Ensure Safe Access to Marijuana - with Sample Docs (3)_1Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2017 KP Law, P.C. AUGUST 1, 2017 Cannabis Advisory Board SEPTEMBER 1, 2017 Cannabis Control Commission MARCH 15, 2018 CCC Adoption of Regulations A A E S A M A GUIDE TO THE REVISED LAW LEGALIZING RECREATIONAL USE OF MARIJUANA AUGUST 2017 Appointment of a 25-member Cannabis Advisory Board, with members appointed by a variety of ocials and organizations, charged with making recommendations on guidelines, rules, and regulations for the recreational use of marijuana. e President (or a designee) of the Massachusetts Municipal Association shall hold one seat. On the November 2016 state election ballot, Massachusetts voters approved Question 4 to allow the non-medical (hereinafter “recreational”) use of marijuana by adults in the Commonwealth (Chapter 334 of the Acts of 2016, entitled, “e Regulation and Taxation of Marijuana Act”). We issued a guide to the new law in January, 2017. On July 28, 2017, Governor Baker signed the General Court’s revised law on the subject, “An Act to Ensure Safe Access to Marijuana” (the “Act”), adopted as Chapter 55 of the Acts of 2017. e Act makes numerous changes to the laws that were approved by the voters. e most signicant changes from the municipal perspective involve the licensing process, the optional local tax surcharge, and amendments to the optional local restrictions or prohibitions that may be considered. Additionally, the Act will soon repeal Chapter 369 of the Acts of 2012, entitled “An Act for the Humanitarian Medical Use of Marijuana,” and move the statutory requirements for the limited cultivation, distribution, possession and use of marijuana for medical purposes into a new G.L. c.94I. is guide will summarize the key points. Appointment of a ve-member Cannabis Control Commission (“CCC”), by the Governor, Attorney General and Treasurer. e CCC will have authority to adopt regulations and issue licenses for commercial production and sale of marijuana, much like the Alcoholic Beverages Control Commission for alcohol. e CCC shall also assume authority over the licensing of medical marijuana treatment centers, which will be transferred from the Department of Public Health before December 31, 2018. CURRENT TIMELINE Adoption of regulations, guidelines and protocols by the CCC for the issuance of licenses for recreational marijuana establishments. e CCC must additionally make necessary accommodations and promulgate special regulations for the counties of Dukes and Nantucket by May 1, 2018. Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2017 KP Law, P.C. April 1, 2018 License Applications Begin Acceptance of applications by the CCC for recreational marijuana licenses pursuant to G.L. c.94G will begin not later than April 1. IMPORTANT: e CCC will be governed by the zoning bylaws or ordinances in eect at the time of application . Municipalities must inform the CCC of any bylaw or ordinance that would make the applicant noncompliant if the license is issued. e CCC may begin issuing licenses, prioritizing applications under statutory criteria. e CCC must approve or deny applications within 90 days. June 1, 2018 License Issuance ZONING MORATORIA e emerging area of marijuana regulation presents many policy and planning issues for municipalities. A zoning moratorium, which would impose a temporary limit on the ability of applicants to locate marijuana establishments within a municipality, is a powerful tool available to municipalities to provide additional time to consider how a community will regulate marijuana uses. Many municipalities have already adopted a zoning moratorium on locating a recreational marijuana facility. In light of the revisions to Chapter 94G, it appears that the Attorney General will continue to approve such moratoria for towns. We recommend that municipalities not seek to impose a moratorium beyond December 31, 2018. A moratorium may be important if a municipality is considering seeking a prohibition or other limitation but may not be able to have the bylaw or ordinance in place before April 1, 2018. A sample zoning moratorium is attached. LOCAL REGULATION UNDER G.L. c.94G, §3 Municipalities may regulate the time, place and manner of marijuana establishment operations and may adopt ordinances and bylaws that impose reasonable safeguards on the operation of marijuana establishments, provided they are not “unreasonably impracticable.” Ordinances and bylaws may also restrict licensed cultivation, processing and manufacturing of marijuana that is a “public nuisance,” establish restrictions on public signs related to marijuana establishments and establish a civil penalty for violation of an ordinance or bylaw. Municipalities seeking to prohibit or otherwise limit the number or types of marijuana establishments within a community must follow the method revised by the General Court to impose such limitations. Prohibitions or Limitations Permitted by Bylaws or Ordinances Pursuant to G.L. c.94G, §3, a municipality may prohibit or limit recreational marijuana establishments by bylaw or ordinance with respect to the following: • prohibit the operation of one or more types of marijuana establishments; • limit the number of marijuana retailers to fewer than 20 per cent of the number of retail o-premises alcoholic beverage licenses issued under G.L. c.138 by the municipality; or • limit the number of any type of marijuana establishment to fewer than the number of medical marijuana treatment centers registered to engage in the same type of activity in the municipality. e procedure for adopting a bylaw or ordinance to prohibit or limit the number of recreational marijuana establishments has signicantly changed. • If a municipality voted in favor of Question 4 on November 8, 2016 [i.e., a majority of voters casting ballots voted “yes” on the question], then two votes must be taken before an ordinance or bylaw can be eective – (1) it must be approved by the voters by ballot at an annual or special election, and (2) the ordinance or bylaw must be approved by the local legislative body. • If a municipality voted against Question 4, a ballot question is not required and the ordinance or bylaw may be adopted by the local legislative body. is special provision will expire on December 31, 2019, after which the two-step process requiring a ballot question and legislative approval will apply to all municipalities. Chapter 94G, §3 now provides the general form for a ballot question. e question must include the entire proposed bylaw or ordinance and also directs that the City Solicitor/Town Counsel prepare a brief summary that makes clear the number and types of marijuana establishments that will be permitted to operate. As with all ballot questions, pursuant to G.L. c.54, §42C, a City or Town Clerk must receive notice of the ballot question, with the full legislation text and counsel summary, no less than 35 days prior to the date of the election. Sample ballot questions are attached. Additional Issues to Consider When Imposing Prohibitions or Limitations e Act is silent on several issues concerning the adoption of local legislation. ese issues include: Zoning v. General Legislation: e language in the Act is ambiguous with respect to whether a bylaw or ordinance implementing a prohibition or limitation must be zoning or general in nature. We recommend that a municipality consider adopting both a general and a zoning bylaw or ordinance to prohibit or limit recreational marijuana establishments. A general bylaw or ordinance may serve to protect the Town from zoning issues such as zoning freezes and “grandfathering” of existing uses. A lower quantum of vote is also required to pass a general bylaw. e Attorney General has already approved zoning bylaws imposing prohibitions and limitations on recreational marijuana establishments. e Attorney General has also approved a similar general bylaw, but recommended that the town adopt a zoning bylaw as well. is is an evolving issue that will also involve dierent policy considerations. Samples of bylaw/ordinance language are attached. Agreement of Bylaw or Ordinance Language with Ballot Question: For municipalities subject to the two-step approval process for implementing a prohibition or limitation, it is important that the bylaw or ordinance approved by ballot be the same or substantially similar as that approved by the local legislative body in order to avoid any challenge to its validity. Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2016 KP Law, P.C. Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2017 KP Law, P.C. Conversion of Existing Marijuana Treatment Centers e prior law required a city or town to allow a recreational marijuana establishment to be located in “any area in which a medical marijuana treatment center is registered to engage in the same type of activity.” e new Act rescinded that requirement, but added a new requirement prohibiting a zoning bylaw or ordinance from preventing a medical marijuana establishment, licensed by the Commonwealth on or before July 1, 2017, from converting to a recreational marijuana establishment “engaged in the cultivation, manufacture or sale of marijuana or marijuana products to a marijuana establishment engaged in the same type of activity.” It is important to note, however, that such a conversion may be prohibited if the municipality has adopted a total prohibition of all recreational marijuana establishments by ordinance or bylaw. Petition for Ballot Question to Permit Marijuana “Cafés” e procedure for allowing consumption on the premises where marijuana is sold remains unchanged from the previous legislation. A petition, which must be signed by at least 10% of the registered voters, is the only mechanism to put this question on a ballot, and it can only appear on a ballot for the biennial state election, the next of which will be held in November 2018. Marijuana Growing and Cultivation As our previous memorandum indicated, Chapter 351 of the Acts of 2016 amended the Zoning Act, G.L. c.40A, §3, to provide that the “growing, cultivation, distribution or dispensation of marijuana” does not qualify for the agricultural exemption under the Zoning Act. e new Act expressly adds, however, that municipalities are not precluded “from establishing zoning bylaws or ordinances which allow commercial marijuana growing and cultivation on land used for commercial agriculture, aquaculture, oriculture, or horticulture.” HOST COMMUNITY AGREEMENTS e Host Community Agreement (HCA) provision in G.L. c.94G, §3 was substantially revised to cover both recreational and medical marijuana establishments. e Act now requires that recreational marijuana establishments and medical marijuana treatment centers enter into such agreements with host communities. e Act authorizes a “reasonable” community impact fee but caps it at no more than 3% of the establishment’s gross sales and limits the terms of the agreement to no more than ve years. e Act does not preclude renegotiation of a HCA at the end of the initial ve-year term. e Act continues to require that a host community agreement only include community impact fees that are “reasonably related” to the costs imposed upon the municipality by the operation of the marijuana establishment. e municipality is required to document its costs. TAXATION ON SALE OF RECREATIONAL MARIJUANA e Act increases the amount of local tax that municipalities may impose on the “sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the city or town” to 3% of the total sales price, an increase from 2%. • limit the number of marijuana retailers to fewer than 20 per cent of the number of retail o-premises alcoholic beverage licenses issued under G.L. c.138 by the municipality; or • limit the number of any type of marijuana establishment to fewer than the number of medical marijuana treatment centers registered to engage in the same type of activity in the municipality. e procedure for adopting a bylaw or ordinance to prohibit or limit the number of recreational marijuana establishments has signicantly changed. • If a municipality voted in favor of Question 4 on November 8, 2016 [i.e., a majority of voters casting ballots voted “yes” on the question], then two votes must be taken before an ordinance or bylaw can be eective – (1) it must be approved by the voters by ballot at an annual or special election, and (2) the ordinance or bylaw must be approved by the local legislative body. • If a municipality voted against Question 4, a ballot question is not required and the ordinance or bylaw may be adopted by the local legislative body. is special provision will expire on December 31, 2019, after which the two-step process requiring a ballot question and legislative approval will apply to all municipalities. Chapter 94G, §3 now provides the general form for a ballot question. e question must include the entire proposed bylaw or ordinance and also directs that the City Solicitor/Town Counsel prepare a brief summary that makes clear the number and types of marijuana establishments that will be permitted to operate. As with all ballot questions, pursuant to G.L. c.54, §42C, a City or Town Clerk must receive notice of the ballot question, with the full legislation text and counsel summary, no less than 35 days prior to the date of the election. Sample ballot questions are attached. Additional Issues to Consider When Imposing Prohibitions or Limitations e Act is silent on several issues concerning the adoption of local legislation. ese issues include: Zoning v. General Legislation: e language in the Act is ambiguous with respect to whether a bylaw or ordinance implementing a prohibition or limitation must be zoning or general in nature. We recommend that a municipality consider adopting both a general and a zoning bylaw or ordinance to prohibit or limit recreational marijuana establishments. A general bylaw or ordinance may serve to protect the Town from zoning issues such as zoning freezes and “grandfathering” of existing uses. A lower quantum of vote is also required to pass a general bylaw. e Attorney General has already approved zoning bylaws imposing prohibitions and limitations on recreational marijuana establishments. e Attorney General has also approved a similar general bylaw, but recommended that the town adopt a zoning bylaw as well. is is an evolving issue that will also involve dierent policy considerations. Samples of bylaw/ordinance language are attached. Agreement of Bylaw or Ordinance Language with Ballot Question: For municipalities subject to the two-step approval process for implementing a prohibition or limitation, it is important that the bylaw or ordinance approved by ballot be the same or substantially similar as that approved by the local legislative body in order to avoid any challenge to its validity. Conversion of Existing Marijuana Treatment Centers e prior law required a city or town to allow a recreational marijuana establishment to be located in “any area in which a medical marijuana treatment center is registered to engage in the same type of activity.” e new Act rescinded that requirement, but added a new requirement prohibiting a zoning bylaw or ordinance from preventing a medical marijuana establishment, licensed by the Commonwealth on or before July 1, 2017, from converting to a recreational marijuana establishment “engaged in the cultivation, manufacture or sale of marijuana or marijuana products to a marijuana establishment engaged in the same type of activity.” It is important to note, however, that such a conversion may be prohibited if the municipality has adopted a total prohibition of all recreational marijuana establishments by ordinance or bylaw. Petition for Ballot Question to Permit Marijuana “Cafés” e procedure for allowing consumption on the premises where marijuana is sold remains unchanged from the previous legislation. A petition, which must be signed by at least 10% of the registered voters, is the only mechanism to put this question on a ballot, and it can only appear on a ballot for the biennial state election, the next of which will be held in November 2018. Marijuana Growing and Cultivation As our previous memorandum indicated, Chapter 351 of the Acts of 2016 amended the Zoning Act, G.L. c.40A, §3, to provide that the “growing, cultivation, distribution or dispensation of marijuana” does not qualify for the agricultural exemption under the Zoning Act. e new Act expressly adds, however, that municipalities are not precluded “from establishing zoning bylaws or ordinances which allow commercial marijuana growing and cultivation on land used for commercial agriculture, aquaculture, oriculture, or horticulture.” HOST COMMUNITY AGREEMENTS e Host Community Agreement (HCA) provision in G.L. c.94G, §3 was substantially revised to cover both recreational and medical marijuana establishments. e Act now requires that recreational marijuana establishments and medical marijuana treatment centers enter into such agreements with host communities. e Act authorizes a “reasonable” community impact fee but caps it at no more than 3% of the establishment’s gross sales and limits the terms of the agreement to no more than ve years. e Act does not preclude renegotiation of a HCA at the end of the initial ve-year term. e Act continues to require that a host community agreement only include community impact fees that are “reasonably related” to the costs imposed upon the municipality by the operation of the marijuana establishment. e municipality is required to document its costs. TAXATION ON SALE OF RECREATIONAL MARIJUANA e Act increases the amount of local tax that municipalities may impose on the “sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the city or town” to 3% of the total sales price, an increase from 2%. Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2016 KP Law, P.C. Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2017 KP Law, P.C. • If a municipality wishes to adopt the local sales tax, it must accept G.L. c.64N, §3 by a vote of its Town Meeting, Town Council, or the approval of a City Council and Mayor. If a municipality has already accepted §3, a new vote of the legislative body will be required in order to increase a sales tax rate between 2% – 3%. • is local tax does not apply to sales of marijuana or marijuana product between marijuana establishments. e Act, at G.L. c.64N, §2, increased the amount of state tax on sales of recreational marijuana from the original 3.75% up to 10.75%. CHANGES TO MEDICAL MARIJUANA LAWS e Act makes a number of signicant changes to the regulation of medical-use marijuana including the following: • e eventual repeal of chapter 369 of the Acts of 2012, “An Act for the Humanitarian Medical Use of Marijuana.” • e adoption of a new Chapter 94I – “Medical Use of Marijuana.” • e transfer of the oversight and regulation of medical-use marijuana to the Cannabis Control Commission. • e continuation of the Department of Public Health regulating medical-use marijuana in the short-term under its existing regulatory scheme, 105 CMR 725, until the transfer of oversight and regulation is complete. is transfer must occur on or before December 31, 2018. We will address these changes in more depth in a separate update. PERSONAL USE OF RECREATIONAL MARIJUANA e following personal use of recreational marijuana is permitted under the Act: • Persons 21 years of age or older may possess two ounces or less of marijuana. G.L. c94C, §32L. • Within a person’s “primary residence,” a person may possess up to 10 ounces of marijuana and any marijuana produced on the premises for personal use by not more than six marijuana plants. If there is more than one grower at the residence, there may be up to 12 plants cultivated on the premises. • A person may give away or transfer without “remuneration” to a person age 21 years or older up to one ounce of marijuana, of which no more than ve grams may be in the form of marijuana concentrate, provided that such transfer is not advertised or promoted to the “public.” • A person 21 years of age or older may also possess or manufacture marijuana accessories or sell such accessories to a person 21 years of age or older. Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2016 KP Law, P.C. Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2017 KP Law, P.C. e following are signicant limitations imposed on personal use of recreational marijuana under the Act: • Cultivation and processing marijuana plants may not be visible from a public place. • Marijuana or marijuana products exceeding 1 ounce within the person’s place of residence must be secured by a lock. • No person shall consume marijuana in a public place or smoke marijuana where smoking tobacco is prohibited. e term “public place” is not dened in the Act but is generally understood to include areas both privately and publicly owned to which the public have rights of access by invitation, either express or implied. • Open containers of marijuana or marijuana products are prohibited in the passenger area of any motor vehicle. FURTHER DEVELOPMENTS We shall continue to monitor developments in this changing area of the law, particularly as the proposed regulations of the CCC are made public. In the meantime, if you have any questions concerning regulation or recreational marijuana, please contact Attorneys Joel Bard (jbard@k-plaw.com), Katherine Laughman (klaughman@k-plaw.com), or Brian Riley (briley@k-plaw.com) at 617.556.0007. Members of our Labor and Employment Practice Group are also available to assist with employment-related questions. Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2016 KP Law, P.C. Boston | Hyannis | Lenox | Northampton | Worcester | www.k-plaw.com | 617-556-0007 © 2017 KP Law, P.C. Boston • Hyannis • Lenox • Northampton • Worcester • www.k-plaw.com Model Moratorium Warrant Article To see if the Town will vote to amend the Town’s Zoning Bylaw by adding a new Section _____, TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS, that would provide as follows, and further to amend the Table of Contents to add Section ___, “Temporary Moratorium on Recreational Marijuana Establishments:” Section _____ Purpose On November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016 and (as amended on December 30, 2016 by Chapter 351 of the Acts of 2016 and thereafter, on July 28, 2017 by Chapter 55 of the Acts of 2017) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses no later than April 1, 2018. Currently under the Zoning Bylaw, a non-medical Marijuana Establishment (hereinafter, a “Recreational Marijuana Establishment”), as defined in G.L. c. 94G, §1, is not specifically addressed in the Zoning Bylaw. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of Recreational Marijuana Establishments. The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and address such issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Recreational Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner. Section _____ Definition “Recreational Marijuana Establishment” shall mean a “marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.” Section _____ Temporary Moratorium For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Recreational Marijuana Establishment and other uses related to recreational marijuana. The moratorium shall be in effect through December 31, 2018. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, and to consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments, and shall consider adopting new Zoning Bylaws in response to these new issues. Or take any action relative thereto. Boston • Hyannis • Lenox • Northampton • Worcester • www.k-plaw.com Model Recreational Marijuana Establishment Ban Warrant Articles for Municipalities Requiring a Ballot Vote Zoning Bylaw Article: To see if the Town will vote to amend the Town’s Zoning Bylaw by adding a new Section [INSERT BYLAW SECTION REFERENCE HERE], MARIJUANA ESTABLISHMENTS, that would provide as follows, and further to amend the Table of Contents to add Section [INSERT BYLAW SECTION REFERENCE HERE], “Marijuana Establishments”: Section [INSERT BYLAW SECTION REFERENCE HERE] Consistent with G.L. c.94G, § 3(a)(2), all types of non-medical “marijuana establishments” as defined in G.L. c.94G, §1, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana- related businesses, shall be prohibited within the Town of ________. This Section shall be effective upon passage by the voters at a Town Election. Or take any action relative thereto. General Bylaw Article: To see if the Town will vote to amend the Town’s General Bylaw by adding a new Section [INSERT BYLAW SECTION REFERENCE HERE], MARIJUANA ESTABLISHMENTS, that would provide as follows, and further to amend the Table of Contents to add Section [INSERT BYLAW SECTION REFERENCE HERE], “Marijuana Establishments”: Section [INSERT BYLAW SECTION REFERENCE HERE] Consistent with G.L. c.94G, § 3(a)(2), all types of non-medical “marijuana establishments” as defined in G.L. c.94G, §1, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana- related businesses, shall be prohibited within the Town of ________. Boston • Hyannis • Lenox • Northampton • Worcester • www.k-plaw.com This Section shall be effective upon passage by the voters at a Town Election. Or take any action relative thereto. Boston • Hyannis • Lenox • Northampton • Worcester • www.k-plaw.com Model Recreational Marijuana Establishment Ban Warrant Articles for Municipalities NOT Requiring a Ballot Vote Zoning Bylaw Article: To see if the Town will vote to amend the Town’s Zoning Bylaw by adding a new Section [INSERT BYLAW SECTION REFERENCE HERE], MARIJUANA ESTABLISHMENTS, that would provide as follows, and further to amend the Table of Contents to add Section [INSERT BYLAW SECTION REFERENCE HERE], “Marijuana Establishments”: Section [INSERT BYLAW SECTION REFERENCE HERE] Consistent with G.L. c.94G, § 3(a)(2), all types of non-medical “marijuana establishments” as defined in G.L. c.94G, §1, including marijuana cultivators, independent testing laboratory, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of ________. Or take any action relative thereto. General Bylaw Article: To see if the Town will vote to amend the Town’s General Bylaw by adding a new Section [INSERT BYLAW SECTION REFERENCE HERE], MARIJUANA ESTABLISHMENTS, that would provide as follows, and further to amend the Table of Contents to add Section [INSERT BYLAW SECTION REFERENCE HERE], “Marijuana Establishments”: Section [INSERT BYLAW SECTION REFERENCE HERE] Consistent with G.L. c.94G, § 3(a)(2), all types of non-medical “marijuana establishments” as defined in G.L. c.94G, §1, including marijuana cultivators, independent testing laboratory, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of ________. Or take any action relative thereto. Boston • Hyannis • Lenox • Northampton • Worcester • www.k-plaw.com Model RECREATIONAL Marijuana Establishment BALLOT QUESTION FOR IMPOSING LIMTATION OR PROHIBITION Shall this [City or Town] adopt the following [bylaw or ordinance]? [Insert solicitor/counsel summary] [Insert full text of bylaw or ordinance]