Pubdate: Sun, 25 Nov 2012
Source: Boston Globe (MA)
Copyright: 2012 Globe Newspaper Company
Contact: http://services.bostonglobe.com/news/opeds/letter.aspx?id=6340
Website: http://bostonglobe.com/
Details: http://www.mapinc.org/media/52
Author: Kathy McCabe

MARIJUANA ZONING IN QUESTION

A new law legalizing medical marijuana in Massachusetts is challenging
communities north of Boston to write new zoning identifying areas
where shops distributing the substance may - or may not - open after
the new law takes effect on Jan. 1.

Proposals vary widely, from bans in Reading, Wakefield, and
potentially Melrose, to zoning amendments proposed in Malden, Salem,
and Woburn, and to restricting medical marijuana dispensaries to Route
1 in Peabody.

"It's what we did with adult zoning," said Ward 5 Councilor David
Gamache, whose Peabody district includes Route 1. "It would be in an
area where there are no children, churches, or schools. I would not
want to see it downtown or near the [Northshore] mall."

Melrose Mayor Robert J. Dolan said a ban is the way to ensure the
shops would not have a negative impact on the Victorian City.

"Melrose has very few business districts," Dolan said. "And all of
them are located within 100 yards or so of a school, a church, a day
care center, a playground. I feel strongly that [dispensaries] are not
an appropriate use in that area."

A proposal introduced Tuesday to the Woburn City Council would require
medical marijuana treatment centers no closer than 1,000 feet from a
residential neighborhood, school, church, or where "large numbers of
minors regularly congregate." A center must be at least 2,000 feet
from a public park, playground, nursery school, or day care center,
the proposal states.

Jennifer Manley, a spokeswoman for the Committee for Compassionate
Medicine, which proposed the Nov. 6 ballot question, did not respond
to an e-mail request for comment.

The law calls for the state Department of Public Health to allow up to
35 marijuana dispensaries to open across the state. At least one
facility, but no more than five, would be located in each of the
state's 14 counties. Marijuana could be grown, stored, and sold from
the dispensaries.

Patients with debilitating conditions, such as cancer or multiple
sclerosis, would have to show a written certification from a doctor to
obtain up to a 60-day supply, the law states.

In a statement, Dr. Lauren Smith, interim commissioner for the state
Department of Public Health, said her office is working to develop a
policy to regulate medical marijuana in the state.

"The department will work closely with health care and public safety
officials to develop smart and balanced policies and procedures over
the coming months. We will work carefully, learn from other states'
experiences, and put a system in place that is right for
Massachusetts," the statement read.

Some local public health directors are eager for clear
guidance.

"It remains to be seen what the DPH is going to do," said Chris Webb,
public health director in Malden. "If past practice is any indication
. . . they'll probably put together some model regulations for cities
and towns to follow."

"We're assuming we'll get some direction from DPH," said Brian
LeGrasse, public health director in Methuen. "We're trying to be
proactive. We're looking into what local regulations we should have."

City councils in Lawrence, Methuen, and Revere have yet to take up the
question, according to city clerks in those communities. Lawrence was
one of only two Massachusetts communities, along with the town of
Mendon, where residents voted against legalizing medical marijuana.
The measure lost by 51 percent to 49 percent in each community,
according to election results.

The Lowell City Council has yet to propose any zoning, but it did
adopt a motion stating that the city's state representatives and
senators be involved in any final drafting, said City Clerk Michael
Geary.

"I think they wanted to make sure our delegation is involved, in case
there is some tweaking of the bill" in the Legislature, Geary said.

In Malden, Webb is drafting language to amend the city's zoning code
to allow dispensaries in areas zoned for medical use. A joint public
hearing of the Planning Board and City Council will be held in
December, he said.

"It basically puts them in the same zoning as medical services," Webb
said. "It's on the edges of our industrial zone."

In Salem, the City Council is looking to amend zoning that allows
medical clinics in a business or industrial zone by special permit to
include medical marijuana shops. "We're proposing a clarification of
our existing zoning," said City Planner Lynn Duncan.

Melrose, Reading, and Wakefield, which share a public health director,
started working on language to ban marijuana facilities even before
the Nov. 6 election. ""We planned for this," Dolan said. "We feel
strongly it doesn't belong in any of the communities."

While voters voted overwhelmingly to approve medical marijuana in the
Nov. 6 election, there is a fear that a dispensary located in a
community could undercut local antidrug efforts.

"All three communities have active substance abuse prevention
coalitions," said Ruth Clay, director of public health for the three
communities. "In Melrose, we have 11 years, and over $1 million in
grant money, to work with our youth. We don't feel that having one of
these [dispensaries] in our community really fits in with our vision."

At the Nov. 15 Wakefield Town Meeting, Police Chief Richard Smith
urged residents to support the ban. He cited data showing a spike in
crime and illicit drug use in other states where medical marijuana is
legal.

"My concern for us as a community is to protect our property values,
and more importantly, to protect our children," Smith said.

Some parents agreed.

"If children see medical marijuana dispensaries on a street corner,
their perception of risk will go down," said Catherine Bingham, a
mother of two. "They will not see [marijuana use] as risky behavior."
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