Pubdate: Wed, 26 Jun 2013
Source: Republican, The (Springfield, MA)
Copyright: 2013 The Republican
Contact: http://www.masslive.com/contactus/
Website: http://www.masslive.com/republican/
Details: http://www.mapinc.org/media/3075
Author: Jeanette Deforge

CHICOPEE CITY COUNCIL ADOPTS LIMITATIONS FOR MEDICAL MARIJUANA DISPENSARIES

CHICOPEE --Medical marijuana dispensaries will be limited to a small
section of the city's industrial zone and will not be allowed next
door to schools, homes or churches.

After months of writing and re-writing the ordinance, the City Council
recently passed the final version in a 13-0 vote.

"The city will have to have an ordinance in place so we can have
control over this," said Councilor James K. Tillotson, who oversaw the
effort to create the regulations.

In November voters overwhelming passed a statewide referendum that
would legalize medical marijuana.

Since the vote, legislators have been working on ways to regulate the
creation of dispensaries. It has determined up to 35 will be allowed
in the state and each must be accompanied with a facility to grow marijuana.

Attorney General Martha M. Coakley has ruled towns and cities cannot
ban dispensaries for medical marijuana but can adopt measures to
regulate or postpone them.

Several councilors have spoken against the dispensaries but said they
will follow the law. Having an ordinance in place will allow them to
keep the facilities away from schools and homes.

The original ordinance which was created was rejected by the Planning
Board, which said it was too restrictive and would make it nearly
impossible to find a location where one could be opened. Concerned the
ordinance would be overturned, members made a number of
recommendations to change it, including adding a provision that would
allow them in business zones.

While the City Council did not change the ordinance, it did add a
clause that will allow the group to waive some requirements with a
two-thirds vote. Any dispensary will need a special permit issued by
the City Council, Tillotson said.

"The City Council...may waive setback requirements...provided the
applicant submits its request in writing and can demonstrate the
proposed site will not have an adverse effect upon the surrounding
neighborhood," the ordinance reads.

The regulations currently only allow a dispensary on industrially
zoned land. It also cannot be closer than 300 feet from a residential
area, 500 feet from a church, park or youth center and 1,000 from a
school, a day care center or a correctional facility.
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MAP posted-by: Matt