Coakley: Towns Can't Zone Out Marijuana Dispensaries
Attorney General Martha Coakley said today that communities cannot ban medical marijuana treatment centers within their borders.
Coakley's letter to to the town of Wakefield, which was considering a ban, said a ban would conflict with a state law approved by voters in November that legalizes marijuana use for medicinal purposes.
However, cities and towns can enact zoning bylaws to regulate the location, size and other characteristics of the dispensaries, Coakley's opinion stated.
Westborough officials had been weighing a ban but were aware the state may issue an opinion against bans.
Voters in that community will decide March 16 on a bylaw that would prohibit the siting of dispensaries in most locations. The bylaw would also ban cultivation within residential dwelling and prohibit off-site deliveries of the drug.
Coakley's opinion comes as the state's public health department is in the midst of drafting regulations for the medical marijuana law. DPH was in Worcester last month taking public input on its rule-making process. The department expects to issue regulations in May.
The DPH issued a statement today saying it would begin filing draft regulations March 29. A public comment period will be held in April.
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