Police Chief: Petition Article Cannot Stop Haven Center's Recreational Pot Sales
If a petition article calling for a ban on recreational marijuana in town reaches Town Meeting floor in October, and if voters support it, the ban will not apply to The Haven Center, the marijuana establishment looking to move into the former Cartwheels II building on MacArthur Boulevard.
Bourne Police Chief Dennis R. Woodside said during an interview this week that any action taken by the town in October would not affect any marijuana establishment that has secured a provisional permit from the state, prior to the vote to ban recreational marijuana sales. That includes the Haven Center.
The chief repeated several times during the interview that his comments were only his opinion, based on discussions he has had with officials and what he has read and interpreted of the new state laws regarding marijuana and the state Cannabis Control Commission’s regulations.
The Cannabis Control Commission’s own website confirms the chief’s interpretation. Under the heading of Conversion, regulations stipulate that zoning bylaws or ordinances cannot prevent conversion of an existing Registered Marijuana Dispensary (RMD). The commission defines conversion as “either replacing or adding to existing RMD.”
“In other words, a registered marijuana dispensary that has received its provisional or final registration no later than July 1, 2017 is grandfathered against zoning bylaws or ordinances that would prevent it from conducting the same type of activities for adult use of marijuana that it is engaged in for medical use of marijuana,” the commission’s regulations stated.
Haven Center executive director Christopher G. Tamoulis said that the business was issued its provisional permit for medical marijuana sales in June 2016, long before the deadline in the commission’s regulations.
Bourne Town Counsel Robert S. Troy declined to comment on any legal