Progress Made, But Work Remains on Proposed Marijuana Dispensary Zoning Bylaw

Following a decision by the Attorney General’s office prohibiting municipalities from permanent moratoriums on medical marijuana facilities, the town of Westford is moving forward to a possible zoning bylaw to regulate registered medical marijuana dispensaries can be placed in town if any decide to come here.

The Registered Marijuana Dispensary Bylaw Subcommittee approved a four page working draft bylaw on Thursday night, although plenty of work remains on a variety of topics.

Most notably, the locations of where the facilities can be placed was one of the main points of discussion, with the pending proposal indicating an overlay district over Groton Road from the Chelmsford border to Russell’s Way as well as all of Route 110 and most of Powers Road.

However, it is unclear if this district will remain intact or whether there will further limitations related to distance from schools, which would eliminate areas in the overlay district near Nashoba Tech, as well as possibly daycare centers, which would eliminate all of the Groton Road section of the district and large portions of the Route 110/Powers Road segment.

A question also remains pending on how the proposed zoning bylaw would interact with the town’s current bylaw relating to civil penalties for the public consumption of medical marijuana as well as whether or not the facilities should face police oversight regulations now in place for facilities like bars and liquor stores.

Committee member Susan McNeill Spuhler presented a variety of other nearby communities who have been working on their own bylaws ranging from Concord, where facilities are limited to Emerson Hospital and right across the street, to Leominster and Chelmsford limiting facilities to certain areas of town, to a broader approach being taken by Lowell to avoid lawsuits relating to economic hardship cases.

However, it still pending whether Westford what portions of zoning bylaws in those towns will be emulated, or if Westford will forge its own path.

Ultimately, all that is known is that there will be a proposed bylaw presented to voters at Town Meeting in the spring.

“All we need to have is feasibility,” said Committee chairman Dennis Galvin. “We don’t need to give abundant opportunity, as long as we make it feasible to do it, we’ve met our charge.”

The next meeting of the committee is scheduled for 7:30 a.m. on Dec. 5.