AG Says Towns Can't Ban Medical Marijuana, Tewksbury Officials Push For Delay
Tewksbury voters to decide on moratorium at upcoming Town Meeting.
Tewksbury town officials are not discouraged by a ruling by Attorney General Martha Coakley this week that said Massachusetts communities cannot ban medical marijuana distribution centers.
In her ruling, Coakley struck down a Wakefield bylaw that would have completely and permanently banned such centers from the town.
However, Coakley did uphold a Burlington bylaw that placed a moratorium on medical marijuana distribution centers until that town can complete an examination of zoning issues, according to an article appearing on Boston.com.
The second part of the ruling is what has Tewkbury officials smiling. An article on the warrant for the Annual Town Meeting in May, calls for a moratorium similar to that in Burlington.
"That's why we went for the moratorium and not the ban," said Town Manager Richard Montuori. "We feel like we're in pretty good shape."
When proposing the article at a Board of Selectmen's meeting earlier this year, Montuori said the state hadn't yet established any rules or regulations regarding the facilities for the towns to use as guidelines. If passed at town meeting and signed off on by the Attorney General, the moratorium would stay in effect until those regulations are established, giving Tewksbury time to working appropriate zoning bylaws.
In the November election, Bay State voters legalized medical marijuana as a treatment for medical conditions such as AIDS, cancer and Parkinson's disease.
As many as 35 medical marijuana distribution facilities could be opened in Massachusetts.
‘‘The (law's) legislative purpose could not be served if a municipality could prohibit treatment centers within its borders, for if one municipality could do so, presumably all could do so,’’ Coakley's decision read, in part.
Coakley also ruled, however, that cities and towns can put in place bylaws to restrict the location of such facilities within the community.
Tewksbury2001
6:47 am on Saturday, March 16, 2013
Why can towns ban fast food chains but not this?
Mary
8:01 am on Saturday, March 16, 2013
Very good point Tewksbury2001. There are a lot of laws on the books that contradict each other. They just make rules as they go along without any thought of what is all ready adopted in the laws. Ridiculous!
Mark
9:07 am on Saturday, March 16, 2013
Ban fast food chains, or merely ban take-out food? HUGE difference...
Tewksbury2001
12:56 pm on Saturday, March 16, 2013
@Mark- There are towns that ban chains.
Dan
7:43 am on Saturday, March 16, 2013
We have so much MJ coming into the town already, the store will always be stocked up!!!
Robert L Homeyer
8:14 am on Saturday, March 16, 2013
Good move...do whatever we can to keep this stuff out of town
Mark
9:11 am on Saturday, March 16, 2013
Yup, keep that marijuana, and the $millions of tax receipts out of town, too...
Considering that 1 in 3 Americans suffer from some sort of chronic pain, you'll have so many residents going to another town to buy their medical marijuana... while they're out, they may as well stop to shop, buy gas, and have a meal, too.
Not that the trees are in the way of seeing the forest, or anything, and it's not like there isn't already a load of marijuana in Tewksbury already.... ahh, I see, you must be one of the dealers protecting his "turf."
Nathan Jenkins
9:07 am on Saturday, March 16, 2013
What!? You people need to calm down. Its just marijuana. Its EVERYWHERE ALREADY. If u don't believe that, then you are completely blind.
Dirk Anderson
9:38 am on Saturday, March 16, 2013
We already have 2 dispensaries in town. Caswell and Motel6
Mary
5:48 pm on Saturday, March 16, 2013
We sure do, Dirk. I agree with you totally.
Steevo
10:15 am on Saturday, March 16, 2013
I smoked it for many years as an adolescent and young adult along with so many I hung with. The only things it could cure was a lack appetite and sleep. Also the desire to do just about anything productive if a dope head is a healthy state of mind.
Mike
11:33 am on Saturday, March 16, 2013
It's all around town all ready so we don't need dispensaries to get weed
jbcamel
11:47 am on Saturday, March 16, 2013
I have a daughter with MS. MJ is one of the few things that helps her pain. If you were in my shoes you wouldn't be so happy about this ban.
Kathleen Brothers
4:32 pm on Saturday, March 16, 2013
jbcamel, It is not a ban. The Attorney General has said the cities and towns cannot ban that which has been voted by the citizens of the commonwealth. It will be a moratorium if the voters at town meeting so vote that way. This is something that was voted in by Massachusetts before anyone did any research on the how, what, and why's. We need the moratorium until the MA. Department of Pulblic Health figures it all out. There are lots of questions and few answers. Every citizen should be concerned about this matter. I invite you all to research the state of Colorado and see what is going on there.
Jill
3:28 pm on Monday, March 18, 2013
I'm with you. My sister has ms and got her medical card. She will be using the vaporizer method. My sister a retired consulate did more resource on this issue then anyone I know. If you are not affected by this please back off and give them there right to do so.
tbone
11:56 am on Saturday, March 16, 2013
not really happy about this law passing, but since it did, implement it and tax it as written... far too many people try skirting the law with little "bylaws" . it was put to a vote and passed, thats what our country was based on. do i want my children near it ?? NO WAY !!! but thats up to me to teach them to stay away from it and explain how it became a legal medication ...
Karyn
12:35 pm on Saturday, March 16, 2013
It's not a ban.....it's a temporary moratorium until the state gets their act together.
Don Ordway
1:29 pm on Saturday, March 16, 2013
It's just a new tax gimmick, it does not matter how many lives are ruined or goals limited. This is not grandpa's dope. This is mind boggling poison that is much stronger than the Hippies played with. Even their lives were limited they just haven't figured it out yet.
Gordon Pickguard
6:25 pm on Saturday, March 16, 2013
OK Preacher Don. Everyones life is limited in some way. Medical use of weed helps some people deal with the limitations that their condition places on them. What about that ? Who are you to deny them ? Are you one of those right wing lunatics that think we never should have left Vietnam ? Stop telling other people how to live; it dosen't work. "You're out of your element Donny"
Don Ordway
7:46 pm on Saturday, March 16, 2013
Gordie, I'm still right wing but no longer a lunatic. A few Ministers and Priest are rolling over in their graves thinking people are calling me a preacher man. You have no idea what my life has involved. I have seen many good friends fight that Demons and that only led to more demons. All lives are limited, however, when we have control of our lives we should do a better job when it is within our power. I once thought alchohol was the answer that would soothe all wounds, it did until the next day when the cycle had to be repeated. About 25 years ago I decided to try something else turning to a Greater Power and I am now in my seventh decade of life and the pain disappeared many years ago. I was fortunate to learn discipline from my Uncle Sam that has been priceless. I have never been more fulfillled, accomplishing dreams most people only dream about. It has opened new doors and closing others changing my life . I am not without sin but I certainly would stop far short of recommending marijuna to anyone, The mind is a wonderful thing as long as you are controlling it. I could get a prescription for marijuana tomorrow but will never do that as long as I am in control of my life. I understand your anxiety but everyone experiences life in different ways. When I enter Heavens Gate I want a clear head. You have great intentions, but, that does not make you right. Thank you.
Honest Joe
10:10 pm on Saturday, March 16, 2013
The people have spoken........Medical Marijuana has been passed. For people that are dealing with chronic pain now have a choice for pain management. Marijuana, alcohol or pain medications made with Acetaminophen, Oxycodone or Hydrocodone. Hhmmmm I wonder which one is safer for the liver? They have all been deemed to have mind altering affects..........except maybe acetaminophen.
tbone
12:44 pm on Sunday, March 17, 2013
.... and the acetaminophen is the most "liver toxic" of the bunch you named !!
your right though, the people have spoken. we really need to make an effort in this country to get back to following the constitution as written. jefferson did a wonderfull job of writing it, lets try to follow it ....
Joe Bill
8:03 am on Sunday, March 17, 2013
This has put a kink in my plans to open up a combination gun, liquor, marajuana, and cigarette megastore.
malcolm nichols
8:13 am on Monday, March 18, 2013
Ban Martha Coakley, "it's not illegal to be illegal".