If the Rochester Planning Board has its way, Town Meeting voters on May 22 will adopt a new zoning bylaw to place a temporary moratorium on marijuana retail sale in Rochester.
Massachusetts voters approved a referendum question to legalize the sale and use of marijuana recreationally back in November 2016.
During the public hearing for the bylaw on May 9, the Planning Board felt that Town Counsel Blair Bailey figuratively has the bylaw language rolled up tight and ready to light at the Annual Town Meeting.
The moratorium bylaw was borrowed from another town’s draft that was approved by the Attorney General’s Office.
The moratorium would allow the town to wait until the Commonwealth issues guidelines for towns and cities to craft their recreational marijuana regulations surrounding the dispensing, processing, cultivation, storage, and sale of marijuana.
The state is expected to provide these regulations in January 2018, said Planning Board Chairman Arnold Johnson.
“This is a moratorium which a lot of cities and towns are doing, placing a moratorium until January 2018 so that we can wait for the state to issue their guidelines and come up with guidelines of our own,” said Johnson. “The majority of the [Rochester] townspeople have expressed support for control on where it’s sold…”
Johnson will be taking the draft bylaw to the Board of Selectmen in the near future for discussion. Johnson said the selectmen appear poised to also recommend the moratorium at Town Meeting.
The Planning Board voted to recommend Town Meeting adoption of the moratorium, and Johnson said that once it is time for the Town to regulate marijuana next year, the Town would likely default to the current medicinal marijuana zoning bylaws.
In Rochester, medicinal marijuana facilities could only be allowed in the adult entertainment overlay section of the industrial zone located on Route 28.
Planning Board member Ben Bailey expressed concern over federal law versus state law pertaining to marijuana use and sales.
“I’m still curious how we’re doing this when it’s against federal law,” Bailey said. “Federal law trumps it, so it’s an interesting thing…. It’s still illegal to possess marijuana and use it federally.”
Bailey added that he personally is not comfortable approving any recreational marijuana regulations in Rochester until the federal government allows it.
Planning Board member John DeMaggio cited the Tenth Amendment of the U.S. Constitution, which states “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
“I think you ought to be able to do whatever you want,” said Bailey. “I think it’s horrible to regulate drugs…”
Bailey was delegated by the board to introduce the article on Town Meeting floor.
Also during the meeting, the continued public hearing for the Site Plan review for Wellspring Farms at 42 Hiller Road, applicants Holly and Jim Vogel, was continued until May 23 at the applicants’ request.
In other business, the board granted an Approval Not Required for Stephen and Sandra Hunt of 43 Featherbed Lane.
The next meeting of the Rochester Planning Board is scheduled for May 23 at 7:00 pm at the Rochester Town Hall.
Rochester Planning Board
By Jean Perry