ASHBY — The Planning Board is calling for input on a bylaw to regulate recreational and medical marijuana facilities this summer, two months after residents approved a one-year moratorium on sales and growth in the town.
A two-question survey for residents was posted online this week. It is the first of what Planning Board member Alan Pease said would be multiple opportunities for the public to comment on the process.
The moratorium on the commercial growth and sale of marijuana expires in May 2018. If the town does not approve any bylaw changes by the end of this period, commercial growing would be prohibited, but the sale of marijuana would be permitted in districts zoned residential/commercial, according to a website set up by the Planning Board.
“What is unknown is how state licensing regulations will unfold,” the website said.
The survey, which will remain open until Sept. 12, asks residents if commercial growth of marijuana and the sale of marijuana should be permitted in the town. A link to the survey is on the town website, www.ashbyma.gov, and available in print at the Ashby Free Public Library and Ashby Market.
Pease said the survey will give the board an idea of what residents want prior to a public hearing on the issue at Town Hall 7:30 p.m. on Sept. 27.
“We hope a lot of people attend that public forum,” Pease said.
The town’s land-use agent will also look into the ways other towns and city’s have approached marijuana regulation during a presentation at the Sept.
Ashby residents voted in favor of legalizing recreational marijuana when the issue appeared on the state ballot last fall. Of the 1,848 residents who weighed in, 60.1 percent voted in favor, higher than the 53.6 percent of voters statewide who cast ballots in support.
A bill passed by the Legislature, but not yet signed by Gov. Charlie Baker, would amend the voter-approved recreational marijuana law in ways that could affect Ashby’s ability to regulate the commercial sale of marijuana in the town.
Among the proposed changes, towns where voters supported legalization of recreational marijuana, like Ashby, would require a referendum to prohibit marijuana stores in the community.
In communities that voted against the ballot question, selectmen or city councilors would have the ability to prohibit the shops.
However, some experts have suggested this portion of the law could be challenged on the basis of equal protection provisions.
Pease said the Planning Board is requesting public input on recreational and medical marijuana well in advanced of the spring Town Meeting.
“The board felt it wanted to start the process earlier,” he said.
In past years warrants that appeared on the May Town Meeting were initiated in December, giving a four- or five-month window for comment, according to Pease.
“That may be where people felt things weren’t transparent, because there really wasn’t enough time for people to have the opportunity to gain input,” he said.
credit:lowellsun.com