Pubdate: Wed, 16 Jan 2013
Source: Worcester Telegram & Gazette (MA)
Copyright: 2013 Worcester Telegram & Gazette
Contact:  http://www.telegram.com/
Details: http://www.mapinc.org/media/509
Note: Rarely prints LTEs from outside circulation area - requires 
'Letter to the Editor' in subject
Author: Donna Boynton

PLANNERS DRAFT BAN ON MARIJUANA CENTERS

New State Policy Labeled 'Convoluted, Open-Ended'; Town Meeting to Have Say

WESTBORO - Saying communities across the state were handed a law that 
was "six pages of a convoluted, open-ended, undefined piece of 
policy" with the passage of the medical marijuana ballot question, 
the Planning Board is drafting a bylaw to ban medical marijuana 
treatment centers and dispensaries, or at the very least restrict 
where they can be located.

The Planning Board said Tuesday night it expects to present its bylaw 
at the annual town meeting in March, and scheduled a public hearing 
for 7:30 p.m. Feb. 5.

The bylaw being drafted by the Planning Board first aims to prohibit 
medical marijuana treatment centers and dispensaries from locating in 
town. However, if the state does not allow for an outright ban, the 
bylaw offers a fall-back position by allowing such facilities to be 
located in the adult entertainment zone through an overlay. That 
overlay designation would have to be approved by town meeting voters.

"We have said we want to disallow them completely, and if somebody 
else does something beyond our control, then we are prepared," said 
Town Planner Jim Robbins, later explaining, "As long as a ban is 
possible, we have a ban. If not, we have something where we can say 
here's the zone it is allowed in."

The Planning Board has been researching its approach to medical 
marijuana treatment centers and dispensaries for months, taking what 
Planning Board Chairman Lester Hensley called the "precautionary approach."

The medical marijuana referendum legalizing the usage, dispensing and 
growing of marijuana for medical purposes was passed in November. As 
of Jan. 1, doctors can write a prescription for medical marijuana; 
however, the state has until April to set guidelines and regulations 
for dispensing and use of that marijuana.

With a prescription in hand, patients can begin growing marijuana at home.

The law allows for 35 dispensaries to be established, with at least 
one per county.

Westboro was among several communities that asked the state 
Legislature to delay implementing the medical marijuana law for at 
least six months to give the state time to craft regulations.

"Medical marijuana treatment centers and dispensary facilities are 
not covered in our bylaws nor is there any guidance from state 
authorities," Mr. Hensley said. "We have taken the precautionary 
approach that restricts the use while the state works to develop 
guidelines about the use."

Mr. Hensley said the bylaw can be relaxed if required at a later 
date, but the town must have something in place to protect the residents.

"What we were handed when this law passed was six pages of a 
convoluted, open-ended undefined piece of policy," Mr. Hensley said, 
"I think that when people voted for this they expected a tightly 
controlled law under which people would get the benefit they needed."

Without that in place, Mr. Hensley said the town had to move forward 
in that "precautionary approach."

Mr. Hensley said the bylaw was crafted after researching states that 
have successfully adopted medical marijuana laws and the action other 
communities in Massachusetts are taking. Mr. Hensley said a bylaw 
banning medical marijuana dispensaries and treatment centers in 
Wakefield is currently under review by the attorney general's office, 
and Westboro, like many other communities, is waiting to see the 
outcome of that challenge.

"We want to get on the right path," said Planning Board member Brian 
Bush. "We want to take a reasonable approach to act accordingly. I 
think we want to be as restrictive as we can."
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MAP posted-by: Jay Bergstrom