Needahm Ban Open Hearing March 5th!!!
- Thread starter datguy
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datguy
Well-Known Member
LEGAL NOTICE
TOWN OF NEEDHAM
NOTICE OF HEARING
In accordance with the provisions of M.G.L., Chapter 40A, S.5, the Needham Planning Board will hold a public hearing on Tuesday, March 5, 2013 at 7:30 p.m. in the Needham Town Hall, James Hugh Powers Hall, 1471 Highland Avenue, Needham, Massachusetts, regarding certain proposed amendments to the Needham Zoning By-Law to be considered by the 2013 Annual Town Meeting. Persons interested are encouraged to call the Planning Board office (455-7550) for more information. A copy of the text of the proposed articles will be mailed on request. Copies of the text and any plans referred to may also be examined in the offices of the Planning Board, 500 Dedham Avenue, Needham, Massachusetts.
The proposed amendments are identified below in terms of subject matter. The article designations given have been assigned by the Planning Board for identification purposes only. An article number will subsequently be established by the Selectmen for the Warrant.
Article 1
B Amend Zoning By-Law – Interim Regulations for Medical Marijuana Uses
To see if the Town will vote to amend the Zoning By-Law, as follows:
(a) By adding a new Section 8, Interim Regulations for Medical Marijuana Uses, to read as follows:
“8 Interim Regulations for Medical Marijuana Uses
8.1 Purpose
This section is intended to provide restrictions that will allow the Town adequate time to consider whether to allow facilities associated with the medical use of marijuana, to the extent that such facilities are permitted under state laws and regulations, and, if so, where and under what conditions. Given that a law permitting the medical use of marijuana in the Commonwealth of Massachusetts shall be in effect beginning January 1, 2013, and that the Massachusetts Department of Public Health has yet to promulgate the regulations by which facilities that produce or dispense medical marijuana shall be registered and administered, a restriction on the establishment of such facilities in Needham shall provide the opportunity to study their potential impacts on adjacent uses and on general public health, safety and welfare, and to develop zoning and other applicable regulations that appropriately address these considerations consistent with statewide regulations and permitting procedures.
8.2 Definition
A Medical Marijuana Treatment Center shall mean any medical marijuana treatment center, as defined under state law as a Massachusetts not-for-profit entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers, which is properly licensed and registered by the Massachusetts Department of Public Health pursuant to all applicable state laws and regulations.
8.3 Exclusion of other Marijuana Uses
Any establishment that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers shall not be permitted if such establishment has not been properly registered and licensed in accordance with applicable state and local laws and regulations, or is not operated as a not-for-profit entity, or otherwise fails to meet the definition of a Medical Marijuana Treatment Center.
8.4 Exclusion of Accessory Uses.
In no case shall the acquisition, cultivation, possession, processing, transference, transportation, sale, distribution, dispensing, or administration of marijuana, products containing or derived from marijuana, or related products be considered accessory to any use.
8.5 Interim Restriction
8.5.1 Medical Marijuana Treatment Centers shall not be permitted in any zoning district in Needham so long as this Section 8 is effective, as set forth in Section 8.6 below.
8.5.2 The cultivation, processing, sale, distribution and distribution of marijuana, products containing or derived from marijuana or related products shall not be permitted in any zoning district in Needham so long as this Section 8 is effective, as set forth in Section 8.6 below.
8.6 Expiration
This Section 8 shall be effective through March 1, 2014.
(b) Amend the Table of Contents to add Section 8, Interim Regulations for Medical Marijuana Uses.
TOWN OF NEEDHAM
NOTICE OF HEARING
In accordance with the provisions of M.G.L., Chapter 40A, S.5, the Needham Planning Board will hold a public hearing on Tuesday, March 5, 2013 at 7:30 p.m. in the Needham Town Hall, James Hugh Powers Hall, 1471 Highland Avenue, Needham, Massachusetts, regarding certain proposed amendments to the Needham Zoning By-Law to be considered by the 2013 Annual Town Meeting. Persons interested are encouraged to call the Planning Board office (455-7550) for more information. A copy of the text of the proposed articles will be mailed on request. Copies of the text and any plans referred to may also be examined in the offices of the Planning Board, 500 Dedham Avenue, Needham, Massachusetts.
The proposed amendments are identified below in terms of subject matter. The article designations given have been assigned by the Planning Board for identification purposes only. An article number will subsequently be established by the Selectmen for the Warrant.
Article 1
B Amend Zoning By-Law – Interim Regulations for Medical Marijuana Uses To see if the Town will vote to amend the Zoning By-Law, as follows:
(a) By adding a new Section 8, Interim Regulations for Medical Marijuana Uses, to read as follows:
“8 Interim Regulations for Medical Marijuana Uses
8.1 Purpose
This section is intended to provide restrictions that will allow the Town adequate time to consider whether to allow facilities associated with the medical use of marijuana, to the extent that such facilities are permitted under state laws and regulations, and, if so, where and under what conditions. Given that a law permitting the medical use of marijuana in the Commonwealth of Massachusetts shall be in effect beginning January 1, 2013, and that the Massachusetts Department of Public Health has yet to promulgate the regulations by which facilities that produce or dispense medical marijuana shall be registered and administered, a restriction on the establishment of such facilities in Needham shall provide the opportunity to study their potential impacts on adjacent uses and on general public health, safety and welfare, and to develop zoning and other applicable regulations that appropriately address these considerations consistent with statewide regulations and permitting procedures.
8.2 Definition
A Medical Marijuana Treatment Center shall mean any medical marijuana treatment center, as defined under state law as a Massachusetts not-for-profit entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers, which is properly licensed and registered by the Massachusetts Department of Public Health pursuant to all applicable state laws and regulations.
8.3 Exclusion of other Marijuana Uses
Any establishment that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers shall not be permitted if such establishment has not been properly registered and licensed in accordance with applicable state and local laws and regulations, or is not operated as a not-for-profit entity, or otherwise fails to meet the definition of a Medical Marijuana Treatment Center.
8.4 Exclusion of Accessory Uses.
In no case shall the acquisition, cultivation, possession, processing, transference, transportation, sale, distribution, dispensing, or administration of marijuana, products containing or derived from marijuana, or related products be considered accessory to any use.
8.5 Interim Restriction
8.5.1 Medical Marijuana Treatment Centers shall not be permitted in any zoning district in Needham so long as this Section 8 is effective, as set forth in Section 8.6 below.
8.5.2 The cultivation, processing, sale, distribution and distribution of marijuana, products containing or derived from marijuana or related products shall not be permitted in any zoning district in Needham so long as this Section 8 is effective, as set forth in Section 8.6 below.
8.6 Expiration
This Section 8 shall be effective through March 1, 2014.
(b) Amend the Table of Contents to add Section 8, Interim Regulations for Medical Marijuana Uses.
datguy
Well-Known Member
Thats what I'm not sure of... I assume arrest you under town by-law, which I believe does over rule state like state over fed... Only question is how would you be tried where the town does not have its own court system... I just plan on harassing everyone I can to come to the meeting to speak against it, only way it can be stopped.
You've got it backwards, Federal law rules over state law.
That's why even though the state has passed MMJ it's still very illegal in terms of Federal law and the Fed's can come in any time they want and rain on everybody's parade whether it's been passed by the state or not.
To answer your question about where you would be tried, you would be tried in the normal district/superior court system for your county. No difference.
alzthestoner420
Active Member
yea wut he said.......^^^^^^^^^^^^^^^^^^^^^^^^^
This has more to do with dispensaries on a retail level. Anyone doing a private grow does so in the privacy of their own residence under MA state law Even so, the most the town can do is issue a fine. Town does not have the authority to set any guidelines that can have criminal implications.
datguy
Well-Known Member
Although in the hierarchy Fed is over State, in most cases involving MMJ fed yields to State law. look at the big cases in Cali a cpl years ago... all findings over turned and a non binding agreement that fed would stay out as long as the state laws were being followed ie plant limits etc. Thats why i said over rule
Attorney General in MA said towns cannot interfere or overrule the state law regarding medical marijuana.
Any towns trying to ban dispensaries were told they have no such authority. All they can do is develop zoning rules regarding their location. ie no liquor store next to a school