Shedding some light on the matter?

Okay, last night's selectmen's meeting.  Town counsel interviews. No surprises.  Prediction for selection - Present counsel reappointed. I know, you don't need a crystal ball for that one.

Issue of medicinal marijuana. Presentation given. Questions asked. Two seemingly in favor, one wanting more info but seeing no downside.

Tonight's planning board hearing on the moratorium: No. 1 question to be explained, why we need more time to study it.  Can't ban them from town. A moratorium however absolutely would be a a death blow for it. The state isn't going to issue a license to a town with a moratorium.

So, what happens in town if the select board and board of health are opposed to a moratorium and the planning board seeks one? No clue to the answer for that one.   How the state would view such a situation is iffy at best.

Don't get me wrong. Other communities have implemented moratoriums. Last May and June, and earlier.

Will be interesting to hear the solid rationale behind a proposed moratorium.  Would be even more interesting if the state AG will allow a one year moratorium to go into effect after a vote in May of 2014.

Even more interesting would be whether you could get the 2/3 vote at town meeting at that point to put into effect a one year moratorium. At the point the horse would have been out of the barn for a year and a half.

Anyway ours is not to wonder why, ours is, well to vote in May. Hopefully one of the option will be an actual zoning by-law.

Social ill arguments aside, and I hate to bring up another alcohol analogy, however would we be having an issue if a distillery was coming to town?

Signage, not an issue. all ready dealt with under the state regs. Parking spaces requirements. Shouldn't take an additional year to figure it out.  Landscaping, well believe it or not, the debates that usually go on with that issue will unfortunately have to be limited due to the fact that state regs. limit certain aspects of landscaping due to security matters the state feels have to be addressed. If the five hundred feet under away from residences and schools isn't enough, well double it.  

What zone to put it in?  Personally, I care not.  It isn't going into residential primarily because of the state regs. Communities have been and are being reminded about the exceptions under c. 40A, Section 3 relative to "agriculture".  So that essentially leaves business or industrial zones, or create a special overlay district.

Business zones?  I say why not, but certainly can understand how some may not want. Not that I would agree with it all, but hey ... I am nothing if not an understanding type.

Create an overlay district? Well that might take some time to find a proper fit, not sure from my layman's perspective it is needed, but hey I am willing to listen how that would solve the complex and novel issues of the law.

Industrial zone.  There you go.

You can find the proposed moratorium on-line by the way.  The purpose behind it, from my read is stated in the first lettered section (the section entitled "Purpose").

The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of medical marijuana treatment centers and other uses related to the regulations of medical marijuana.

As novel and as complex as some see the issues, simple reality is nothing you can come up with can keep these places out of town. Nothing you try to do can regulate these places to some forsaken area of town (think back to a local community that tried to bury its adult entertainment district). 

Complex and novel legal issues?  Where?  

Let's talk public safety. I agree.  It should be a concern.  Get the police chief's input. Consider the fact also that by having such a facility in town you virtually insure doing away with home growing permits.  From a public safety perspective, I think that puts the facility in town in the plus column.

Other novel and complex issues?  Planning?  Maybe when the product becomes legal for general consumption.  The state has all ready stated in no uncertain terms however you have to allow medicinal facilities.  Pick a zone. 

Outside of the product being pot, I just don't see any novelty or complexity. We are talking about a facility seeking to locate in town that will manufacture a product for sale and distribution under state regulation. The general public is not going to be allowed into the store.  Only permitted buyers.  

Take the actual product out of the equation, insert any other legal product, and what is the difference? State legalized pot is no different than state legalized anything else. 

For the record by the way, I am not affiliated, nor represent any entity seeking any permit anywhere. I have not obtained, nor inquired about, nor intend to seek a permit for use based on any present existing condition (I will admit it has however been recommend I might want to in an attempt to mellow out a bit).

It may just be that this is one of those issues where I suffer from tunnel vision.  I readily admit it. I just cannot see how there should be any novel or complex issues on the periphery. I can't see what potentially lies in wait outside the scope beyond the light at the end of the tunnel. 

Hopefully I will be enlightened tonight.