Pubdate: Wed, 13 Mar 2013
Source: Boston Globe (MA)
Copyright: 2013 Globe Newspaper Company
Contact: http://services.bostonglobe.com/news/opeds/letter.aspx?id=6340
Website: http://bostonglobe.com/
Details: http://www.mapinc.org/media/52
Authors: Peter Schworm and Kay Lazar

WAKEFIELD'S BAN ON MEDICAL MARIJUANA DISPENSARIES STRUCK DOWN

The state attorney general's office Wednesday struck down Wakefield's 
ban on medical marijuana dispensaries, ruling that towns can 
regulate, but not prohibit the centers under state law.

Such bans would frustrate the purpose of the medical marijuana law, 
passed by referendum last fall, that allows patients with certain 
medical conditions to obtain marijuana for medical use.

"The act's legislative purpose could not be served if a municipality 
could prohibit treatment centers within its borders, for if one 
municipality could do so, presumably all could do so."

Wednesday's ruling addressed only Wakefield's prohibition. Other 
Massachusetts communities have also approved bans, fearing the 
centers would spur an increase in crime. Other communities have 
focused on limiting where the centers can operate.

In a separate decision, the attorney general's office approved 
Burlington's temporary moratorium on medical marijuana treatment 
centers, which bans such centers until mid-2014.

Geoffrey Beckwith, executive director of the Massachusetts Municipal 
Association, said the attorney general's ruling allowing cities and 
towns to adopt moratoriums on medical marijuana treatment centers 
sends a clear signal that communities can retain control over many 
aspects of the contentious issue.

"Certainly the door is open, and we believe wide open, for 
communities to be able to regulate this," Beckwith said. "For 
example, they will be able to proscribe the locations where a 
facility could be allowed or not allowed, for example not in a 
residential area, not near schools, not in a downtown commercial district."

The association continues to push for a six-month delay, until Oct. 
1, in implementing the law, because most communities do not hold town 
meetings or elections until later this spring, making it difficult 
for them to enact bylaws before the new marijuana rules are scheduled 
to go into effect.

State public health regulators Wednesday announced that they will 
release draft regulations of the rules on March 29, hold public 
hearings on April 19, and vote on the final rules May 8. If approved 
those rules will go into effect May 24.
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MAP posted-by: Jay Bergstrom