The Marijuana Policy Initiative

Prevent Don't Promote Drug Use–Do You Want More Marijuana in Your Community or Less?

A volunteer non-partisan coalition of people from across the US and Canada who have come to understand the negative local-to-global public health and safety implications of an organized, legal, freely-traded, commercialized and industrialized marijuana market.

Massachusetts Commercial Marijuana — How to “Opt Out” — An Action Plan

Commercial Recreational Marijuana Opt-Out Action Plan

UPDATE: November 16, 2017: Updates include addition of the excellent opt-out language passed by Longmeadow; and a link to a video of testimony to Bridgewater Town Council: “Commercial Marijuana Opt Out | What Every Elected Official Should Consider”

* UPDATE: October 31, 2017

Having received an interpretation from Beacon Hill we have updated this post to once again advise that both a General Bylaw and Zoning Bylaw with identical language be voted on by your community’s legislative body. Nowhere in the recreational marijuana law does it explicitly require a Zoning Bylaw as the confirming action of a local legislative body. Therefore a General Bylaw, only requiring a simple majority vote (51%) is believed to be sufficient to confirm a community’s desire to Opt-Out or ban recreational marijuana establishments. Zoning Bylaws require a super majority (2/3 affirmative) vote to pass. It is recommended, out of an abundance of caution, that your community in addition to voting a General Bylaw vote on a Zoning Bylaw (after voting on the General Bylaw). Regardless of the outcome of the vote on the Zoning Bylaw, the General Bylaw is expected to be sufficient to uphold an Opt-Out intention of a community.

UPDATE: October 9, 2017

After the passage of House Bill No. 3818 that became the recreational marijuana law in July 2017, the process for opting out of commercial recreational marijuana activity has changed slightly since Westborough became the first of about 30 communities to do so before this compromise law was signed by Governor Baker. A growing number of more than 100 communities have either Opted-Out or have passed moratoriums on recreational, commercial marijuana establishments citing among their reasons:

The law applies differently to each community based on whether that community voted in opposition (No On Q4 Community) or support (Yes on Q4 Community) of ballot Question 4 in November 2016.

Here is our understanding now based on information from the Massachusetts Municipal Association:

No On Q4 Communities:
Communities who voted “No” on Q4 in Nov 2016 have until December 31, 2019 to Opt-Out of recreational marijuana commerce (after that date they must follow the same procedure for Yes on Q4 communities).

These communities are required to prevail on one vote to OptOut locally (since local voters already voted against commercial marijuana in Fall 2016, enabling further local legislative action to Opt Out):

  1. a vote of the local legislative body to approve a zoning ordinance or bylaw Opting Out.
    (For example, the City of Lawrence is a No on Q4 Community that has Opted-Out by virtue of a unanimous vote of their City Council).

Yes on Q4 Communities:
Communities with “Yes” on Q4 majority votes in Fall of 2016 are required to prevail on two votes to OptOut locally:

  1. a vote of the voters at the ballot box, enabling:
  2. a vote of the local legislative body to approve a general bylaw or ordinance and (optionally) a zoning or bylaw Opting Out.

On opting out in a Yes on Q4 Community, the MA Municipal Association opinion of their lawyers is that based on the law (House 3818), passage of a ballot question is only an “enabling” action, that gives authority to the local legislative body to go through the process of adopting a zoning by-law.

Their opinion, and that of MA town counsels, is based on subsection (e) of Section 3:

(e) If an ordinance or by-law must be submitted for approval pursuant to subsection (a)(2), the following procedures will be followed:

(1) The city solicitor or town counsel shall prepare a fair and concise summary of the proposed ordinance or by-law which will make clear the number and types of marijuana establishments which will be permitted to operate under the proposed ordinance and by-law and shall be included on the ballot.

(2) A ballot shall be prepared asking “Shall this [city or town] adopt the following [by-law or ordinance]? [solicitor/counsel summary] [full text of by-law or ordinance]

(3) If the majority of the votes cast in answer to the question are in the affirmative, the city or town may adopt the by-law or ordinance, but if the majority is in the negative, the city or town shall not adopt the by-law or ordinance.

A ballot question under this subsection may be placed on the ballot at a regular or special election held by the city or town by a vote of the board of selectmen or city or town council, with the approval of the mayor, and subject to a municipal charter, if applicable.

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How to Proceed:

Step 1: Check this list to find out if your community was one of the 90 “No On Q4 Communities” in November 2016. Follow the requirements for either a “No on Q4” or “Yes on Q4” community listed above.

Step 2: Figure out who your local legislative body is: City Council? Town Council? Town Meeting? Continue reading

Opponents speak out as pot-control panel tours state

Past Month Youth Marijuana Use Legal vs Not Legal StatesBy Colin A. Young

State House News Service

BOSTON — One year ago, the battle over whether marijuana should be legal for adults to use was raging in Massachusetts. Now that it’s settled, the combatants are still engaged in a skirmish over how the legal marijuana market should be structured and regulated in Massachusetts.

The Cannabis Control Commission is in the middle of a series of listening sessions around the state and organizations from both sides of the legalization debate are hoping to pack those sessions to sway the commission’s regulations in their favor.

“We need the prevention community’s voice heard at these meetings,” the Massachusetts Prevention Alliance, which opposed medical marijuana and adult use legalization, wrote to supporters in an email Tuesday. “PLEASE arrange your schedules to attend the remaining four of seven sessions THIS WEEK.”

Jody Hensley, policy adviser for the Prevention Alliance, said the organization wants to make sure community health supersedes interests of the marijuana industry as the CCC writes the rules of the budding industry.

“The overarching point is that the Cannabis Control Commission needs to be very clear that this drug is not harmless,” Hensley said. “Our government is here to protect us from the excesses of industry that could harm the public, and the Cannabis Control Commission is here to protect the people, not the industry.”  Continue reading

Massachusetts Commercial Marijuana Law Opt Out — Westborough Voter Guide

Opt Out Marijuana Massachusetts Westborough Guide

When voters become educated on the true nature of the predatory industry behind the MA Marijuana Law, they become very concerned about what this industry might do to the character of their communities. Educate, vote, opt out.

VOTE YES to OPT OUT to KEEP OUT Pot Shops:

(download this guide to print & share)

Q&A:

When do we vote?
TOWN ELECTIONS BALLOT – Tuesday, March 7, Westborough High School, 8am-8pm

TOWN MEETING – Saturday, March 18, Westborough High School, 1pm, (potential continuation to Monday, March 20, 7pm)

Do we have to vote twice?
We encourage you to vote twice. The two voting venues are independent of each other. If you are unable to vote twice, it is absolutely fine to just vote in one of the two voting dates.

Why do we need 2 votes – Town Ballot: Tues, Mar 7 and Town Meeting: Sat, Mar 18-20th?
To avoid the state mandate in the new marijuana law that our community host pot shops, we must “opt out.”

To “opt out” of commercial pot sales requires a “vote of the voters” to pass a “bylaw” preventing pot shops. A “vote of the voters” occurs at the ballot box. A “bylaw”, however, must be passed on the Town Meeting floor. To withstand legal challenge, Westborough, under the current law, must do both. The Board of Selectman and Town Manager are referring to it as a belt and suspenders approach.

Who can vote?
To vote you must be a U.S. Citizen, age 18 and older, and a Massachusetts resident. You must register 20 days prior to the election. Continue reading