Medical Marijuana Moratorium to be Voted on by Upton Residents.

Last night the Upton Planning Board voted to place a change in the Upton Bylaws before the voters regarding a moratorium on medical marijuana.

Planning Board member Paul Carey presented to the board that towns have reacted to the legalization of medical marijuana in three ways; doing nothing, prohibiting dispensaries by zoning bylaws, and seeking a temporary moratorium.

Option two, prohibiting medical marijuana facilities, was taken off the table when on Wed March 13, 2013 Martha Coakley ruled towns could not block medical marijuana dispensaries from opening up shops within their borders. Coakley stated that the legalization of medical marijuana is enshrined in state law and “cannot be served if a municipality were to prohibit treatment centers within its border, for if one municipality were allowed to do so, all could do so, making reasonable access impossible.” According to Paul Carey, Coakley views a town placing a temporary moratorium favorably.

There are two issues the town needs to consider. The first is where a facility would be zoned within the town and regulations about the structure; lighting, vegetation surrounding the facility, security cameras, etc. The second issue is those who request a permit to grow for their own consumption, hardship cultivation. Carey stated if a person  requires medical marijuana for their illness and can’t get to a facility they can request to grow in their home.

Board Member Thomas Davidson was concerned a moratorium puts Upton in danger to be forced to have a facility, asking what would happen if every other town around us acted before Upton, where would that leave Upton? Planning Board Member Gary Bohan expressed this is a complex issue and that “what the moratorium offers us is a chance to catch our breath for a year.” Carey said the moratorium is not a way to avoid the issue but instead “it’s a moratorium to enable us to plan.” Tom agreed.

The board all voted favorably to put the change in the bylaw before the voters.

Attached is the proposed bylaw. DraftTemporary Marijuana Moratorium Bylaw V 1 1