Medical Marijuana Moratorium Before Braintree Town Council

The Town Council will soon take up an ordinance that would block medical marijuana dispensaries from coming to Braintree for a year while local officials use finalized state guidelines to create new zoning regulations.

The mayor's office has drafted a temporary moratorium that will “allow the Town sufficient time to carefully consider the proper placement, permitting requirements and impacts of a medical marijuana treatment facility in our Town,” according to a memo from Mayor Joseph Sullivan to the council.

Councilors voted Tuesday night to refer the measure to the Committee on Ordinance & Rules.

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.

“Since December, our Town Solicitor, Carolyn Murray, has monitored the experiences of other communities, such as Wakefield, [and] a total ban on a medical marijuana treatment facility has been determined to be contrary to law per the Attorney General,” Sullivan wrote. 

“Further on May 8, 2013, the [Department of Public Health] approved regulations pertaining to these facilities, which provides municipalities and medical marijuana treatment centers with some insight as to what will be required of an applicant to operate such a facility.”

Voters in Massachusetts overwhelmingly approved the legalization of marijuana for medical use last fall, allowing non-profit treatment centers to grow and distribute the drug to people with AIDS, cancer and other conditions.

Braintree voters approved the measure 57 percent to 43 percent. That was slightly less favorable than voters statewide, who supported it 63 percent to 37 percent.

The moratorium requires a two-thirds vote of the council for approval and a separate public hearing by the Planning Board.