State Strikes Down Bans on Medical Marijuana Facilities

When state voters approve something through a referendum, individual towns can't prohibit it. 

That's the gist of a state Attorney General's Office ruling, which strikes down bans on medical marijuana facilities, as conflicting with state law. In November, state voters overwhelmingly approved a ballot referendum that allowed medical marijuana treatment facilities and dispensaries.

Attorney General Martha Coakley's decision came in a review of a bylaw approved in Wakefield.

Towns are able to adopt zoning bylaws that will regulate the treatment centers, as well as enact temporary moratoriums on development of the centers, according to the Attorney General's Office.

In Milford, the Board of Selectmen will place an article on the upcoming annual town meeting warrant, which would regulate medical marijuana facilities through zoning. The centers would be restricted in location to the two industrial zones in town, and allowed by a special permit.

In a meeting with the town's Planning Board, Town Counsel Gerald Moody said last month that selectmen were not in favor of a ban. "That would be contrary to the will of the voters."

The Attorney General's office reviews all by-laws adopted or amended by a town. For access to the Wakefield decision, click here. For access to the Burlington decision, which involved the moratorium, click here.