Today, the Attorney General of the Commonwealth issued two notable decisions affecting local planning for addressing concerns resulting from Chapter 369 of the Acts of 2012, “An Act for the Humanitarian Medical Use of Marijuana” (Enacted as Question 3 of the November 2012 state ballot).
We are pleased to announce that the Attorney General approved a temporary moratium voted in Burlington, which employed the reasoning and the wording that Kopelman and Paige provided in order to create a zoning moratorium extending from January 28, 2013 until June 30, 2014. In doing so, the Attorney General determined that “Such a temporary moratorium is clearly within the Town’s zoning power when the stated intent is to manage a new use, such as medical marijuana treatment centers, and there is a stated need for ‘study, reflection and decision on a subject matter of [some] complexity…’.” To read the decision of the Attorney General approving the Burlington moratorium, click HERE.
In contrast, the Attorney General today also disapproved a total ban enacted by the Town of Wakefield. The deficiencies noted in a total ban included that such a ban would frustrate the purpose of the Act as expressed by the voters who approved Question 3, and have the negative result of “throwing off” a controversial use to another town…. “To read the decision of the Attorney General disapproving the Wakefield total ban, click HERE.