Pubdate: Sat, 24 Nov 2012
Source: Boston Herald (MA)
Copyright: 2012 The Boston Herald, Inc
Contact:  http://news.bostonherald.com/
Details: http://www.mapinc.org/media/53
Author: Erin Smith

SOME BAY STATE TOWNS LOOK TO BAN POT SHOPS

City and town leaders feeling burned by the state's new medical
marijuana law are rolling out bans and restrictions to keep pot shops
out of their neighborhoods.

Wakefield and Reading banned dispensaries last week and Melrose held a
public hearing to consider a similar law earlier this week. Peabody
also is reportedly mulling a ban.

Boston City Councilor Rob Consalvo told the Herald he plans to
introduce a proposal Wednesday to keep medical marijuana stores near
hospitals.

They're all rushing to beat the Jan. 1 pot law.

"We're watching extremely closely what's happening in the other towns
and everybody's like, 'Not in my back yard.' I think all the towns are
jumping on the bandwagon," said Westboro Planning Board member Joanne
Mallozzi.

Mallozzi said Westboro leaders signaled a willingness to ban medical
marijuana shops - or at least confine dispensaries to certain sections
of town.

"Of course you want to help the people who are ill, but at what cost?"
Mallozzi said. "The school committee was very concerned about having
them anywhere near schools."

Voters overwhelmingly approved a ballot measure earlier this month to
open up to 35 medical marijuana dispensaries statewide. Westboro
officials said they won't approve any pot shops until after Town
Meeting weighs in on the matter in March.

Reading Selectmen Chairman Stephen Goldy said the town's ban is being
met with praise.

"The constituents I've heard from - absolutely they're pleased with
how Town Meeting voted," he said.

Similar bans in California, Colorado and Michigan have withstood legal
challenges, said Reading town attorney Gary S. Brackett, who told the
Herald the right to open a pot shop is not protected under state law.

Goldy said Reading took up the ban after learning officials in Lynn
and elsewhere wanted to regulate the marijuana stores.

Lynn City Council President Tim Phelan said he hopes to limit pot
shops to one area of the city - similar to laws governing strip clubs.

"A ban is not out of the question," Phelan said. "We have not ruled it
out. We just want to make sure we're in compliance. We're trying to
avoid any unfounded lawsuits."

Phelan said he's working with city lawyers to draft the
restrictions.

"We want to make sure every Tom, Dick and Harry isn't opening up a
medical marijuana shop and distributing it illegally," Phelan said.
"You never want kids to be exposed to drugs."

Consalvo said he's concerned about pot shops in neighborhoods and
business districts.

"I believe they shouldn't be allowed in residential areas," he
said.

"I get it's the voters' will, but we have a responsibility to make
sure if we do it, it's going to be done right."
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