AG: Wakefield Medical Marijuana Bylaw Incompatible With State Law
Attorney General Martha Coakley determines that Wakefield's medical marijuana zoning bylaw from the November town meeting is incompatible with the voter-approved state law.
Photos
State Attorney General Martha Coakley's office has determined that a zoning ban on medical marijuana dispensaries approved at last November’s Wakefield town meeting conflicts with state law.
Voters who attended the November Wakefield town meeting approved the zoning change against medical marijuana dispensaries by a 143-9 margin. Earlier in November, voters in the general election approved Question 3, the measure legalizing medical marijuana in Massachusetts, by a 54.3 – 45.6 margin.
“The AG ruled that the outright ban conflicted with the statute passed by ballot petition in 2012 that ensures reasonable access to marijuana treatment centers,” said the announcement. “That law’s purpose cannot be served if a municipality were to prohibit treatment centers within its borders, for if one municipality were allowed to do so, all could do so, making reasonable access impossible.”
Still, the attorney general also stated that towns “can adopt other zoning by-laws to regulate, for example, the location of these treatment centers within the town.”
Last September, an area resident, Carl Swanson, briefly had an article on the town meeting warrant that would have essentially asked the town to authorize one specific dispensary.
The town meeting essentially saw two competing proposals on the ballot – the withdrawn one by Swanson, and the one in question this week that was promoted during that time by town officials such as Board of Health Director Ruth Clay and Police Chief Richard Smith.
In a related decision, Coakley also reported that she had approved a by-law in the town of Burlington placing a temporary moratorium on medical marijuana centers until June 30, 2014.
“The temporary moratorium is consistent with the Town’s authority to impose reasonable time limitations on development while it conducts planning studies and considers the implication of state Department of Public Health regulations concerning such centers, which are expected to be issued in May 2013,” wrote Coakley in regard to that case.
Chris J Carino
3:43 pm on Wednesday, March 13, 2013
Excellent interpretation by the AG!
Dave Gray
4:33 pm on Wednesday, March 13, 2013
I completely agree.Wakefield completely overreached, and it's by law was a deliberate attempt to circumvent both the letter and the spirit of the law. Zoning restrictions are the best way to go.
FlyingTooLow
11:52 am on Thursday, March 14, 2013
In 2009, over 26,000 Americans were killed by prescription medications.
Deaths caused by marijuana: NOT ONE in recorded history.
Several years ago, I had surgery on my right shoulder. Pain medication was prescribed..."take one capsule every 4 hours."
I took one capsule.
I was down for over 20 hours. When I came to, I felt like I had been hit by a truck. The next time I felt discomfort, I smoked a small amount of marijuana ...pain gone, no after effects.
I threw the pills out.
Then I wrote:
Shoulda Robbed a Bank
My contribution to helping point out just how ludicrous our pot laws truly are.
CannaCareDocsMA
8:44 am on Tuesday, March 19, 2013
Are you from MA ? Are you Interested in obtaining your Medical Marijuana Card sooner than later ? Canna Care Docs based in the Boston area can help !!. We are not a dispensary , we are a Dr. evaluation office. If you are 18+ , and ready for more information on YOUR qualification status, PLEASE CALL US @ 781 – 382 – 8053, OR visit our website : http://cannacaredocs.com/marijuana/index.php :: We now have a FB page as well: facebook.com/pages/CANNA-CARE-DOCS-MA/564346113584079?fref=ts ::
Anne Gilroy
9:00 am on Thursday, March 14, 2013
This is horrible. I don't want my children anywhere near a drug dispensary. If one ends up here we will see our crime rates go up, our housing prices go down and all manner of other negative consequences. Mark my words this is a bad day in history for the town of Wakefield.
Chris J Carino
10:25 am on Thursday, March 14, 2013
Anne this would mean your kids can not go to downtown Wakefield at all then. They dispense Oxcodone(Also known as Hillbilly Heroin), Alcohol and I think Methadone there now and have been for years. A few liquor stores and even drive thru pharmacies for those who do not want to get out of the car.
Dave Gray
11:38 am on Thursday, March 14, 2013
Again I agree with Chris. Prescription drug abuse is a far bigger problem than most would care to admit, certainly more damaging than marijuana use.
Sean N
7:52 pm on Wednesday, March 20, 2013
WOW, okay wait a minuet here. First, Marijuana doesn't make you a criminal. 2, It's a million times safer then drinking alcohol. 3, Its a hundred-million times safer then one puff of a cigarette.
Even if a dispensary comes to the area you kids will still be exposed to it in the school system. 61.3% of student in Massachusetts that were asked have answered yes that they have tried or currently smoke marijuana. They are going to be exposed to it at some point.
At least do some research before you go and start tearing down good honest people, by fearing what you don't understand and insinuating that all pot smokers are criminals.