The state's Cannabis Control Commission released its
draft regulations today. Once finalized, the regulations will govern the licensure of recreational marijuana establishments in Massachusetts, a process intended to start this spring.
Of note to municipalities: the draft regulations do not provide much in the way of additional guidance on the local regulation of recreational marijuana, beyond the limitations set forth in the statute approved by voters in November of 2016 and amended by the Legislature in July of 2017.
Under the draft regulations, marijuana operators would need to hold "community outreach hearings" before submitting a license application to the Cannabis Control Commission. In addition, the draft regulations provide that upon written request from the Cannabis Control Commission, municipalities have 60 days to certify that a proposed marijuana establishment complies with local zoning provisions. The draft regulations also provide that if a municipality has no local siting requirements, recreational marijuana establishments may not be sited within 500 feet of a public or private school, daycare center, or any facility in which children commonly congregate.
The final regulations are due by March 15, 2018. The Cannabis Control Commission will hold public hearings on the draft regulations in February according to an agency
press release.
Mirick O'Connell will provide additional client alerts on this topic upon the promulgation of final regulations.