Staff Report - TC - 2022-159 Medical Marijuana OD1
Town of Barnstable
Planning and Development Department
Staff Report
Citizen Petition Article
Proposed Text Amendment to the Medical Marijuana Overlay District
Town Council Item No. 2022-159
Date: September 13, 2022
To: Town Council
From: Elizabeth Jenkins, AICP, Director of Planning and Development
Kate Maldonado, Assistant Director of Planning and Development
Jim Kupfer, AICP, Senior Planner
A citizen’s petition to amend the Town of Barnstable Zoning, Chapter 240-30, Medical Marijuana Overlay
District, has been submitted to the Town of Barnstable Town Council. Specifically before the Council is a
proposed amendment by citizen’s petition that seeks to delete §240-30(E)4 in its entirety and replace with
amended separation requirements. The Petition in its entirety is attached.
This proposed citizen’s petition would establish the following:
That any proposed registered marijuana dispensary (RMD)* or any medical Marijuana use shall,
“not abut a religious institution/place of religious assembly, and is located at least 500 feet from any school,
day-care center, preschool, or afterschool facility or any facility in which children commonly congregate. In
no case shall a RMD directly abut another RMD or any medical marijuana use.”
The existing Barnstable Zoning Ordinance, §240-30(E)4 states:
“Separation requirements. The site is located at least 1,000 feet distant from a religious
institution/place of religious assembly, school, day-care center, preschool or afterschool facility or any
facility in which children commonly congregate, or if not located at such a distance, it is determined by the
Zoning Board of Appeals to be sufficiently buffered from such facilities such that its users will not be
adversely impacted by the operation of the registered marijuana dispensary, but in no case shall the
distance be less than 500 feet measured from parcel boundary to parcel boundary. In no case shall a RMD
directly abut another RMD or any medical marijuana use.”
The difference in what is proposed by the petitioner and what the Barnstable Zoning Ordinance states is
shown through track changes: The site is located at least 1,000 feet distant from does not abut a religious
institution/place of religious assembly, and is located at least 500 feet from any school, day-care center,
preschool or afterschool facility or any facility in which children commonly congregate, or if not located at
such a distance, it is determined by the Zoning Board of Appeals to be sufficiently buffered from such
facilities such that its users will not be adversely impacted by the operation of the registered marijuana
dispensary, but in no case shall the distance be less than 500 feet measured from parcel boundary to parcel
boundary. In no case shall a RMD directly abut another RMD or any medical marijuana use.
* The definition of Medical Marijuana Treatment Center in the Barnstable Zoning Ordinance comes from
the State’s original adoption of the use and is defined as, “an entity registered under 105 CMR 725.100, to
be known as a registered marijuana dispensary (RMD), that acquires, cultivates, possesses, processes
(including development of related products such as edible MIPs, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana,
related supplies, or education materials to registered qualifying patients or their personal caregivers. Unless
otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.”
This definition has been updated by the State of Massachusetts as the industry and State response has
evolved to be defined as: “Medical Marijuana Treatment Center (MTC), formerly known as a Registered
Marijuana Dispensary (RMD), means an entity licensed under 935 CMR 501.101 that acquires, cultivates,
possesses, Processes (including development of related products such as Edibles, MIPs, Tinctures, aerosols,
oils, or ointments), Repackages, transports, sells, distributes, delivers, dispenses, or administers Marijuana,
products containing Marijuana, related supplies, or educational materials to Registered Qualifying Patients
or their Personal Caregivers for medical use. Unless otherwise specified, MTC refers to the site(s) of
dispensing, cultivation, and preparation of Marijuana for medical use.”
2
Beyond the Town’s local ordinance, the Massachusetts Cannabis Control Commission defines separation
requirements for this use as follows: “Buffer Zone. An MTC Entrance may not be closer than 500 feet from
the nearest School Entrance, unless a city or town adopts an ordinance or bylaw that reduces the distance
requirement. (a) The buffer zone distance of 500 feet shall be measured in a straight line from the
geometric center of the MTC Entrance to the geometric center of the nearest School Entrance unless there is
an Impassable Barrier within those 500 feet; in these cases, the buffer zone distance shall be measured
along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the
MTC Entrance to the geometric center of the nearest School Entrance. (b) The buffer zone distance of 500
feet may be reduced if a city or town adopts an ordinance or bylaw that reduces the distance requirement.”
With that being said, a City or Town may create an ordinance that is further restrictive than that of the
State but not less restrictive.
Enclosed attachment
Petition to Town Council to Amend §240-30(E)4, Medical Marijuana Overlay District, Separation
Requirements