Efforts To Restrict Medical Marijuana in Massachusetts Spark Legal Questions

Many area communities are mobilizing in response to the state’s new medical marijuana law — proposing bans on distribution centers, prohibitions against home-growing, stiffer fines for using pot in public, or moratoriums.

But it remains unclear whether attempts to restrict a measure approved by voters statewide will pass legal muster.

Among the towns pondering some kind of response to the new state law are Acton, Dover, Framingham, Needham, Wayland, Wellesley, and Westborough.

“Even though it was passed overwhelmingly by the voters, I frankly don’t think much attention was paid to it in terms of what would happen next,” said Patricia Cantor, a lawyer with Kopelman & Paige, a firm representing scores of cities and towns.

Because marijuana is illegal at the federal level, she added, it can’t really be compared to other measures to restrict, say, adult video stores, so this is new terrain for local lawyers.

Although the law went into effect Jan. 1, it is largely on hold while the state Department of Public Health devises regulations for implementation. The state agency has until May 1 to come up with those rules, but many cities and towns aren’t waiting.

– Read the entire article at The Boston Globe.

Comments

8 Comments

  1. Anonymous on

    I agree with the Will of the People, but local Municipal entities must support their decisions and if the Federal Government could come in and file suit against the locality, then their coffers could be drained very quickly. I think that’s the reason for not wanting to jump on this bandwagon first, and it will be interesting to see how ths is resolved. Colorado and Washington, and what phappens there, will impact this, I’m sure.

  2. gutrod on

    The same people that are fighting the new laws probably make a living off prohibition with their livelihoods depending on it. They are sore losers and will carry on their holy war for eternity to get their way. Probably all members of the NRA as well.

  3. gutrod on

    America: The land of the free (LoL)

    The Good: The non violent cannabis community
    The Bad: The DEA and the laws they uphold
    The Evil: Republican Drug War Mongers, The Justice System and the NRA

    The reality is that the government is at war with America, it’s own citizens.

  4. Bhonze on

    I’m High all the time that’s the Point!!! The people Voted overwhelmingly for Legal Pot so F&^# Them it will be bought and Smoked!

  5. Anonymous on

    This is people in power trying to push their own agenda because they don’t like the results (Legalized Marijuana)

  6. @DrugWarEnd on

    Did you read the whole thing? Are you high? Anyone who lives in a state with mmj knows there can be blowback from the community. Many cities in California have banned dispensaries. Delivery services get around this ban. It can take years for attitudes to normalize.

  7. Bhonze on

    What The F^$( are they talking about the people know what they voted for and so they can go in a shop and buy weed then smoke it! What the F#^$ are U talking about????