MapLink™ | Procedures | Medical Marijuana Uses

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Medical Marijuana Uses
In such zoning districts where a special permit is required for medical marijuana treatment center, adult use marijuana retail business, marijuana accessories business, or medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter, upon application, the special permit granting authority shall grant the special permit only upon its written determination that any adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this chapter, the determination shall include, but is not limited to, consideration of each of the following:

(1) Social, economic, or community needs which are served by the proposal;
(2) Traffic flow and safety, including parking and loading;
(3) Adequacy of utilities and other public services;
(4) Neighborhood character and social structures;
(5) Impacts on the natural environment;
(6) Potential fiscal impact, including impact on City services, tax base, and employment;
(7) Hours of operation;
(8) Requiring that contact information be provided to the Chief of Police, the Building Commissioner, and the special permit granting authority;
(9) Requiring payment of a community impact fee;
(10) Requiring the submission to the special permit granting authority of the same annual reports that must be provided to the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission;
(11) Requiring regular inspections by City officials or their agents, and access to the same records which are available for inspection to the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission;
(12) Requiring employees to undergo a criminal background check, including but not limited to CORI and an additional background check, by the Police Chief who shall have the authority to disapprove the employment of any person(s) as a result of said background check;
(13) Requiring surveillance cameras, capable of twenty-four-hour video recording, archiving recordings and ability to immediately produce images, in, on, around or at the premises;
(14) Prohibiting the sale of any materials or items unrelated to the purposes of registration by the Commonwealth of Massachusetts Department of Public Health and/or the Massachusetts Cannabis Control Commission, including, without limitation, tobacco products, clove cigarettes, or c-cigarettes;
(15) The ability for the business to:
(a) Provide a secure indoor waiting area for clients;
(b) Provide an adequate and secure pickup/dropoff area for clients, customers and products;
(c) Provide adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals; and
(d) Adequately address issues of traffic demand, parking, and queuing, especially at peak periods at the business, and its impact on neighboring uses; and
(e) Provide opaque exterior windows.
(16) Signs and signage; and
(17) Names of businesses, business logos and symbols, subject to state and federal law and regulations.

The special permit granting authority may require the applicant to provide a traffic study, at the applicant's expense, to establish the impacts of the peak traffic demand.

Applicants for a special permit shall be subject to site plan review under § 270-2 of the Code of the City of Marlborough.

The number of Special Permits issued to adult use marijuana retail business establishments shall not exceed the number that is 20% of the number of liquor licenses for off-premises alcohol consumption that have been issued by the Licensing Board pursuant to MGL c. 138, § 15.

See § 650-32: Medical marijuana treatment centers; adult use marijuana retail; marijuana accessories retail; medical and/or adult use marijuana cultivator; independent testing laboratory product manufacturer or transporter for complete, detailed information.

See Permitting for information on permits.
See Online Services for information on site plan reviews.