Marijuana Law - Comments from counsel

Hi Jason

There is nothing in the new law creating a special process for these ballot questions. They will be subject to the normal election laws for ballot questions. Accordingly, the question would need to be submitted to the Town Clerk 35 days in advance of the election. I’m sure Mary can advise you on the process.

The new language for ballot questions, in G.L. c.94G, s. 3(e), reads as follows:

(e) If an ordinance or by-law shall be submitted for approval pursuant to clause (2) of subsection (a), the following procedures shall be followed:

(1) The city solicitor or town counsel shall prepare a fair and concise summary of the proposed ordinance or by-law which shall make clear the number and types of marijuana establishments which shall be permitted to operate under the proposed ordinance and by-law and shall be included on the ballot.

(2) A ballot shall be prepared asking “Shall this [city or town] adopt the following [by-law or ordinance]? [solicitor/counsel summary] [full text of by-law or ordinance]”

(3) If the majority of the votes cast in answer to the question are in the affirmative, the city or town may adopt the by-law or ordinance, but if the majority of votes cast is in the negative, the city or town shall not adopt the by-law or ordinance.

A ballot question under this subsection may be placed on the ballot at a regular or special election held by the city or town by a vote of the board of selectmen or by the city or town council, with the approval of the mayor or chief executive officer of a city that does not have a mayor, and subject to a municipal charter, if applicable.

Note that subsection (2) calls for the ballot question to insert the full text of the proposed bylaw. Under the original law (i.e., November 2016), we had drafted ballot question and bylaw language for towns, which were voted. In those cases, the substance of the ballot question was the same as that of the bylaw, but they were not in identical form. Now the law requires that the text of the ballot question include the actual proposed bylaw.

We do not have a full understanding yet on how edibles will be handled and what role there may be for local boards of health. I will reply as we learn more.

Thank you.

.... I just wanted to be sure that you are aware that if the ban passes at a Town election, Town Meeting will still have to vote an amendment to the Zoning Bylaw to implement the ban. Of course, if the ban fails at the election, end of story.

Regards,

Joel

Schedule from Town Clerk -