Pubdate: Wed, 28 Nov 2012
Source: Tufts Daily (MA Edu)
Copyright: 2012 Tufts Daily
Contact:  http://www.tuftsdaily.com/
Details: http://www.mapinc.org/media/2705

MUNICIPAL ATTEMPTS TO ZONE OUT MEDICAL MARIJUANA UNJUST

This month's election saw 63 percent of Massachusetts voters approve 
Question 3, legalizing the use of medical marijuana in the 
Commonwealth. A number of municipalities in the state, however, have 
begun to change their zoning laws to prevent the opening of new 
dispensaries near schools or in other public spaces. According to an 
article in yesterday's Boston Globe, some local boards and town 
councils, including those of Reading and Wakefield, have taken this a 
step further by enacting bylaws that ban the establishment of medical 
cannabis dispensaries.

Not only are these policies myopic, as the legal strength of their 
laws is questionable in the face of a widely approved state-level 
question, but they are also unfair to those who could benefit from 
medical marijuana for pain management but may not have the ability to 
travel great distances to obtain it.

The ballot question itself reads, "A YES VOTE would enact the 
proposed law eliminating state criminal and civil penalties related 
to the medical use of marijuana, allowing patients meeting certain 
conditions to obtain marijuana produced and distributed by new 
state-regulated centers or, in specific hardship cases, to grow 
marijuana for their own use."

The reactionary decisions from Reading and Wakefield attempt to 
reapply those same "civil penalties" related to the dispensaries -- 
penalties that a majority of Massachusetts' citizens are against.

The intent of the law is to help patients assuage pain. Wanda James, 
co-owner of the dispensary Simply Pure in Denver, Colo., was quoted 
by the Globe as saying, "It's important for us to be able to show 
it's not for kids, it's not about being stoned, it truly is bringing 
help to people who are suffering from nausea ... We see a lot of 
cancer patients, we see a lot of end-of-life patients."

Not all attempts to organize how the law will take effect have been 
as contrary to the Question's intent. Some towns have been 
constructive in trying to determine how the process of medical 
marijuana distribution will take place. Malden and Salem both decided 
to allow dispensaries to operate where other medical services are 
located, an approach that promotes patient access and addresses the 
concerns of those who would attempt to eliminate access to medical 
cannabis outright in their townships. Changes like these are sensible 
approaches to accommodating the reform that received overwhelming 
support statewide.

Now that the law has taken effect, it promises to receive much 
attention from consultants and lawyers with great amounts of 
experience in other states. We hope the process moving forward can be 
as orientated toward alleviating the pain of patients as the law is itself.
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MAP posted-by: Jay Bergstrom