Medical Marijuana Dispensary Ban Struck Out By Attorney General
The prohibition of medical marijuana dispensaries by Wakefield was struck down by the office of the state attorney general. It indicated that under state law towns cannot ban centers since they can only regulate them.
Prohibitions such as these can hinder the reason for the law that allows marijuana to be legally used by patients with specific medical conditions. The law was passed last fall after a referendum.
The ruling was only applicable in Wakefield even as other communities in Massachusetts have also banned medical marijuana centers. They are concerned on the possible increase in crimes due to the centers. Some communities have opted to limit the operation of these centers.
In a different decision, the office of the attorney general approved the temporary moratorium of Burlington on treatment centers using marijuana, which prohibits these centers before the middle of next year. The decision of the attorney general that allows towns and cities to approve moratoriums on medical marijuana treatment centers shows that communities still have power over the controversial issue, the Massachusetts Municipal Association executive director, Geoffrey Beckwith, said.
He said the ruling has opened the door for communities to regulate the operation of such centers. He indicated that they can limit the location of the facilities. They may opt to prevent medical marijuana treatment centers from operating in close proximity to schools, downtown commercial districts or residential areas.
The association is still aiming to delay the implementation of the law for at least six months since many communities will not have elections or meetings until spring. This will make it difficult to pass laws prior to the time the new marijuana laws will be implemented.
Public health regulators will announce that the draft regulations of the rules will be released by March 29. Public hearings will be held on April 19. The final rules will be voted on by May 8 and will take effect by May 24, if the rules on the medical marijuana treatment centers are approved.