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.
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.
FULL STORY: Marijuana zoning bylaw ready for vote

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

Chicago’s Ghost Rails
Just beneath the surface of the modern city lie the remnants of its expansive early 20th-century streetcar system.

Amtrak Cutting Jobs, Funding to High-Speed Rail
The agency plans to cut 10 percent of its workforce and has confirmed it will not fund new high-speed rail projects.

Ohio Forces Data Centers to Prepay for Power
Utilities are calling on states to hold data center operators responsible for new energy demands to prevent leaving consumers on the hook for their bills.

MARTA CEO Steps Down Amid Citizenship Concerns
MARTA’s board announced Thursday that its chief, who is from Canada, is resigning due to questions about his immigration status.

Silicon Valley ‘Bike Superhighway’ Awarded $14M State Grant
A Caltrans grant brings the 10-mile Central Bikeway project connecting Santa Clara and East San Jose closer to fruition.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
Caltrans
City of Fort Worth
Mpact (founded as Rail~Volution)
City of Camden Redevelopment Agency
City of Astoria
City of Portland
City of Laramie