Amendment ID: S2090-12

Amendment 12

Decisions by the Local Legislative Body

Ms. Gobi and Mr. O'Connor move to amend the bill by striking section 11 and inserting in place thereof the following section:-

“SECTION 11. Chapter 94G of the General Laws, as so appearing, is hereby amended by striking out section 3 and inserting in place thereof the following section:-

Section 3. (a) The provisions of this chapter shall apply to all municipalities; provided, however, that a municipality may vote to reject the provisions of this chapter relative to adult use cannabis establishments, medical use cannabis establishments, a marijuana product manufacturer or a marijuana cultivator pursuant to subsection (b).

(b) A municipality may reject the provisions of this chapter relative to an adult use cannabis establishment, a medical use cannabis establishment, a marijuana product manufacturer or a marijuana cultivator by a vote conducted in the following manner: in a city having a Plan D or Plan E charter, by a majority vote of its city council and approval of the city manager; in any other city, by a majority vote of its city council and approval by the mayor or, in a city without a mayor, the chief executive officer; and in a town, by a majority vote of the board of selectmen and a majority vote of the town at a town meeting.

(c) An adult use cannabis establishment, a medical use cannabis establishment, a marijuana product manufacturer or a marijuana cultivator seeking to operate in a municipality which permits such operation shall execute an agreement with the host community setting forth the conditions to have a cannabis establishment located within the host community which shall include, without limitation, all stipulations of responsibilities between the host community and the adult use cannabis establishment or medical use cannabis establishment. An agreement between an adult use cannabis establishment or medical use cannabis establishment and a host municipality shall include a community impact fee for the host community; provided, however, that the community impact fee shall be reasonably related to the costs imposed upon the municipality by the operation of the cannabis establishment. Any cost to a city or town by the operation of cannabis establishment shall be documented and considered a public record as defined by clause Twenty-Sixth of section 7 of chapter 4 of the General Laws.

(d) A municipality may adopt ordinances or by-laws that impose reasonable safeguards on the operation of an adult use cannabis establishment, a medical use cannabis establishment, marijuana product manufacturer or a marijuana cultivator consistent with this chapter and regulations promulgated pursuant to this chapter. The ordinances or by-laws may, without limitation:

(1)reasonably govern the time, place, manner and business dealings of an adult use cannabis establishment or medical use cannabis establishment, including reasonable restriction of certain marijuana accessories and public signage;

(2)reasonably restrict cultivation, processing and manufacturing activities if deemed a public nuisance; and

(3)establish a civil penalty for violation of an ordinance or by-law enacted pursuant to this subsection.

(e) No municipality may prohibit the transportation or delivery of marijuana or otherwise adopt an ordinance or by-law that makes the transportation or delivery of marijuana through said municipality unreasonably impracticable.