Foxborough Needs to Establish Medical Marijuana District Following AG’s Ruling

Unable to ban marijuana treatment centers in Foxborough, the community will need to establish a zoning district to avoid a dispensary being constructed in an unwanted section of town.

“What we need to do is address the situation before a business comes to Foxborough to apply for that permit now that [marijuana treatment centers] are legal,” said Foxborough Board of Selectmen chair James DeVellis. … “We need to decide where it is or isn’t appropriate in town and under what circumstances just like any other business.”

On Wednesday, Attorney General Martha Coakley’s office announced its ruling in a decision regarding a by-law passed by the town of Wakefield. In the decision issued to the town of Wakefield, the AG ruled that the outright ban conflicted with the statute passed by ballot petition in 2012 that ensures reasonable access to marijuana treatment centers, according to the AG’s office.

“That law’s purpose cannot be served if a municipality were to prohibit treatment centers within its borders, for if one municipality were allowed to do so, all could do so, making reasonable access impossible,” the AG’s office said in a press release issued Wednesday. “The AG’s office did conclude that municipalities can adopt other zoning by-laws to regulate, for example, the location of these treatment centers within the town.”

DeVellis stressed the importance of establishing a zoning district to regulate marijuana treatment centers, similar to how towns regulate adult entertainment businesses.

“I use the analogy of an adult entertainment business, which is legal, that knocks on a town’s door for a permit,” said DeVellis. “If a town’s zoning regulations are silent on it and does not recognize it as being allowed or not allowed and therefore not regulated, it may open up next to an elementary school or worse.

“That is why many towns, although they do not want that business, is forced to create entertainment districts that are in appropriate places with appropriate restrictions.”

Foxborough, which currently does not have any zoning bylaws in place to regulate medical marijuana treatment centers, attempted to bring the issue before voters at May’s Annual Town Meeting but could not generate enough interest during recent public hearings.

“Kudos to our planning board for being as proactive as they are and having public hearings on [zoning by-laws for marijuana treatment centers],” DeVellis said. “Unfortunately, nobody showed up [to the public hearings] and there are still questions [about marijuana treatment centers] and most importantly the state has not completed its regulatory process so the article was pulled for this spring’s town meeting.”

DeVellis said he expects the planning board will remain persistent in drafting appropriate regulations to “protect the town if it needs protecting” from marijuana treatment centers.

Foxborough Town Planner Sharon Wason said she believes if the town addresses marijuana treatment centers, either through a bylaw or short moratorium, at the next special Town Meeting [fall 2013] that Foxborough “will be fine.”

“The Planning Board at the conclusion of its public hearing noted that no members of the public rose to speak in favor or against this article,” Wason said. “The board noted that the Foxborough Zoning By-Laws state in section 3.1 that ‘except as provided by law or in these By-Laws in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the Table of Use Regulations.’ Uses not included in the Table of Use Regulations are not allowed.

“As medical marijuana treatment centers are not included in the Table of Use Regulations, they would not be allowed. The board felt the additional moratorium article was unnecessary and would address it at the next Town Meeting [in fall 2013].”

DeVellis hopes the public will take more interest in the topic following Coakley’s decision.

“I understand being busy and I understand apathy, but we now have a second opportunity to address this by having another hearing now that the AG has made her position clear by putting smart regulations in place to address this future business just like any other business that comes to town with special concerns,” DeVellis said. “Much easier to set the table before dinner is served.”

DeVellis added local zoning is something her holds “very sacred” and is appreciative of the proactive efforts by the town’s Planning Board to address this issue.

“The Planning Board is constantly updating, codifying and changing the zoning through town meeting and their experience and efforts, including the Master Plan. … They do a great job balancing Foxborough’s business and residential opportunities and issues … we should all stay involved.”

Massachusetts – and Foxborough – voted overwhelmingly in favor of legalizing medical marijuana use in Massachusetts. .

Foxborough Police Chief Edward O’Leary went on the record opposing medical marijuana last December. He said while he respects the law; he has no interest in seeing a medical marijuana facility open in Foxborough.

“I certainly would not be an advocate of one of the 35 licensed premises in our community,” O’Leary said. “Again, based on what I learned from looking at the California situation … I think it is more appropriate in other areas than Foxborough.”

What O’Leary says he learned from the “California situation” is “there will be an escalation in both criminal activity and dangerous behaviors caused by [medical marijuana] but it’s the law.”

Walpole’s Board of Selectmen asked Foxborough officials last December if they would join the town in requesting legislators pass legislation to delay the effective date of medical marijuana.

Foxborough selectmen respectfully declined the request.

“Unless somebody can articulate something specific I think sending a letter saying don’t implement [the medical marijuana law] against the overwhelming will of the voters is kind of throwing it in the face of the voters,” Town Manager Kevin Paicos said.

To read Attorney General Martha Coakley's ruling in its entirety, click here.

TELL US: Would you like to see a medical marijuana treatment center in Foxborough? Why or why not? Let us know in the comments section below!