Small City Braces for Marijuana Dispensaries with New Zoning Restrictions

Burlington, Massachusetts is considering a zoning bylaw to determine the location of “Registered Marijuana Dispensaries” before a state deadline for creating land use controls for dispensaries. The legal distinctions in zoning for RMDs are tricky.

2 minute read

March 27, 2014, 9:00 AM PDT

By James Brasuell @CasualBrasuell


The Planning Board in Burlington, Massachusetts recently reviewed proposed zoning bylaws that would determine where Registered Marijuana Dispensaries (RMDs) could potentially locate in the city, according to the reporting of Mark Biagiotti.

The town’s government will have to move fast in approving the proposed zoning changes. “[The] need to create a compliant zoning bylaw for RMDs in Burlington is getting urgent because the town filed for a moratorium with the Attorney General’s Office to allow the town to better understand this new RMD process and craft a local bylaw that will protect patients’ rights without increasing risks to public safety.” The moratorium expires June 30. If the town is still without zoning restrictions at that point, RMDs would be largely unfettered in where they could locate around town.

Under state law, the process by which an RMD could come to Burlington is a bit like winning (or losing, depending on your politics on the matter) the lottery. “In January, the Department of Public Health (DPH) allocated 4 of its 5 medical marijuana dispensary licenses in Middlesex County. Burlington was not selected but that doesn’t mean they won’t, as one allocated license remains and the DPH may add more dispensary licenses in the coming years,” according to Biagiotti. By preparing the new zoning restrictions, Burlington is taking the precaution of having more control over the siting of potential RMDs than those laid out by state law. For instance, the proposed zoning bylaws add an additional restriction for RMDs: that they would not locate within 500 feet of a place of worship.

But Burlington must be cautious not to add too many limitations: “the key of the zoning maps where RMDs can and cannot be located in the proposed bylaws in Burlington is whether or not the town is sufficiently complying with state law and providing enough of an opportunity for an RMD to locate.” Too many limitations, according to the state Attorney General’s office, and any legal challenges to RMDs are not likely to stand.

Monday, March 24, 2014 in Daily Times Chronicle

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Use Code 25for25 at checkout for 25% off an annual plan!

Redlining map of Oakland and Berkeley.

Rethinking Redlining

For decades we have blamed 100-year-old maps for the patterns of spatial racial inequity that persist in American cities today. An esteemed researcher says: we’ve got it all wrong.

May 15, 2025 - Alan Mallach

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

May 21, 2025 - Diana Ionescu

Interior of Place Versailles mall in Montreal, Canada.

Montreal Mall to Become 6,000 Housing Units

Place Versailles will be transformed into a mixed-use complex over the next 25 years.

May 22, 2025 - CBC

Flat modern glass office tower with "County of Santa Clara" sign.

Santa Clara County Dedicates Over $28M to Affordable Housing

The county is funding over 600 new affordable housing units via revenue from a 2016 bond measure.

May 23 - San Francisco Chronicle

Aerial view of dense urban center with lines indicating smart city concept.

Why a Failed ‘Smart City’ Is Still Relevant

A Google-backed proposal to turn an underused section of Toronto waterfront into a tech hub holds relevant lessons about privacy and data.

May 23 - Governing

Pale yellow Sears kit house with red tile roof in Sylva, North Carolina.

When Sears Pioneered Modular Housing

Kit homes sold in catalogs like Sears and Montgomery Ward made homeownership affordable for midcentury Americans.

May 23 - The Daily Yonder