Communities assess responses to marijuana law

Municipalities across the Commonwealth are discussing the local implications of the state’s new medical marijuana law, which takes effect on Jan. 1, and are weighing their options for zoning changes as well as bans and moratoriums regarding medical marijuana dispensaries within their borders.

The law allows for the establishment of up to 35 nonprofit dispensaries in the state, with a requirement of at least one per county.

The law gives the Department of Public Health until the end of April to establish regulations governing medical marijuana dispensaries and patient usage, but doctors will be able to recommend marijuana to patients beginning on Jan. 1, and these patients will then be able to cultivate it at home until regulations are promulgated and dispensaries are established.

The MMA has called for a six-month delay of the law’s effective date in order to allow cities and towns adequate time to update local zoning codes and create any necessary regulations to ensure that the law does not create adverse impacts in communities. Many municipalities have also made direct appeals to state leaders.

The Sandwich Board of Selectmen expressed concerns in a letter to Gov. Deval Patrick and House and Senate leaders, pointing out that the medical marijuana law was set to go into effect without regulations in place.

Local governments “need sufficient time to react to the standards and regulations DPH issues, and the current implementation framework does not allow this to occur,” the board wrote. “This is especially true for the siting of medical marijuana dispensaries in locations that may not make sense for a municipality.”

Other municipalities that have sent similar letters to state leaders include Dedham, Mashpee, Norwood, Stoughton, Walpole, Westborough and Wrentham.

The Department of Public Health has begun the process of assessing best practices in other states as it begins to formulate regulations. Speaking at a Public Health Council meeting in November, interim Public Health Commissioner Lauren Smith said there is “a recognition within both the administration and the Legislature that that’s a very aggressive timeline, and that to try to meet that timeline would be potentially contrary to the more important emphasis on trying to do it correctly.”

In many of the 17 other states that have legalized medical marijuana, implementation delays and corrective legislation have been commonplace.