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CMA 2018-192

A draft zoning petition concerning the regulation of cannabis establishments in the City of Cambridge in response to Awaiting Report Item Number 18-75

How it started
Jul 30, 2018 · Submitted by Louis A. DePasquale, City Manager.
What happened
Jul 30, 2018 · Referred to committee
Dec 17, 2018 · Amendment carried Moved by Mayor Marc McGovern; carried on a voice vote.
section 11.806 entitled Effective Date by deleting June 17, 2019 and inserting March 17, 2019
The clerk's words, from the minutes of Dec 17, 2018, p. 16.
Dec 17, 2018 · ⚖️ Became law, 7–1. The Council ordained the amendments over one councillor's objection. (Ordained · one absent)
View the roll call

Voted yes (7)

  • Dennis Carlone
  • Craig A. Kelley
  • Alanna Mallon
  • Marc McGovern
  • Sumbul Siddiqui
  • E. Denise Simmons
  • Quinton Zondervan

Voted no (1)

  • Timothy J. Toomey

Absent (1)

  • Jan Devereux
Roll call of Dec 17, 2018 · from the city’s record · photos: City of Cambridge
What’s next
Entered the Municipal Code: these amendments became law as ordained in December 2018. The Code can be amended at any time; its current text is the authority on what’s in force today. (This page is the transmittal; the path ran through the Ordinance Committee, timeline below.)
The document Agenda item attachment · 18 pages

Page 1 of 18 Add the following definitions to Article 2.000 of the Zoning Ordinance: Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Cultivator to cultivate, process and package cannabis or marijuana, and to transfer cannabis or marijuana to other Cannabis or Marijuana Establishments, but not to consumers. A Craft Marijuana Cooperative is a type of Marijuana Cultivator, pursuant to 935 CMR 500.000. Cannabis Establishment. A Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Marijuana Retailer, Independent Testing Laboratory, Marijuana Research Facility, Marijuana Transporter, or any other type of marijuana-related business licensed by the Massachusetts Cannabis Control Commission, except a medical marijuana treatment center. Cannabis Independent Testing Laboratory. A laboratory that is licensed by the Massachusetts Cannabis

Control Commission and is:

(a) accredited to the International Organization for Standardization 17025 (ISO/IEC 17025: 2017) by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission; (b) independent financially from any Medical Marijuana Treatment Center (RMD), Cannabis or Marijuana Establishment or licensee for which it conducts a test; and (c) qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and M.G.L. c.

94C, § 34. Cannabis Microbusiness. A co-located Cannabis or Marijuana Establishment that can be either a Tier 1 Marijuana Cultivator or Product Manufacturer or both, pursuant to 935 CMR 500.00, in compliance with the operating procedures for each license. A Microbusiness that is a Cannabis Marijuana Product Manufacturer may purchase no more than 2,000 pounds of marijuana per year from other Cannabis Marijuana Establishments, pursuant to 935 CMR 500.000. Cannabis Product Manufacturer.

An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Product Manufacturer to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Cannabis or Marijuana Establishments, but not to consumers. Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format.

Page 2 of 18 Cannabis Products. Cannabis or marijuana and its products unless otherwise indicated. These include products that have been manufactured and contain cannabis or marijuana or an extract from cannabis or marijuana, including concentrated forms of cannabis or marijuana and products composed of cannabis or marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures. Cannabis Production Facility. An establishment authorized to cultivate, manufacture, process, or package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Production Facility may be licensed to operate as a Cannabis or Marijuana Cultivator or Cannabis or Marijuana Product Manufacturer, or registered as a Medical Marijuana Treatment Center (also known as a Registered Marijuana Dispensary or RMD), or both, in accordance with applicable state laws and regulations. Cannabis Research Facility. An entity licensed to engage in research projects by the Massachusetts Cannabis Control Commission. Cannabis Retail Store. An establishment authorized to sell or otherwise transfer cannabis or marijuana products to consumers for use off the premises, but not to cultivate, manufacture, process, or package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Retail Store may be licensed to operate as a Cannabis or Marijuana Retailer or registered as a Medical Marijuana Treatment Center (also known as a Registered Marijuana Dispensary or RMD), or both, in accordance with applicable state laws and regulations. Cannabis Retailer. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Retailer to purchase and transport cannabis or marijuana products from Cannabis or Marijuana Establishments and to sell or otherwise transfer these products to Cannabis Marijuana Establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a Cannabis or Marijuana Establishment. Cannabis Use. A Cannabis Production Facility or Cannabis Retail Store, as defined in this Zoning Ordinance. Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format.

Page 3 of 18 Amend the definition of “Registered Marijuana Dispensary” in Article 2.000 to read as follows: Cannabis Marijuana Dispensary, Registered. Registered Marijuana Dispensary, also known as Registered Marijuana Dispensary, RMD or Medical Marijuana Treatment Center , shall mean an establishment properly registered with the Massachusetts Department of Public Health a not-for-profit entity registered under 105 CMR 725.100: Registration of Registered Marijuana Dispensaries that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana infused cannabis products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana cannabis products, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use in accordance with applicable state laws and regulations. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of cannabis or marijuana for medical use.

Additions to the Zoning Ordinance shown in underline format. Deletions shown in strikeout format.

Page 4 of 18 Amend Section 4.35 of the Table of Use Regulations to read as follows:

Res

C, C-1, Off

C-1A, 1,

Bus B,

Open Res A Res 2, 2A, 2B, 2A,2, A-2, C,

Space 1&2 3, 3A, 3B 3,3A A-31 A,A-4 C-1 A-2

4.35

Retail Business and Consumer Service Establishments

Store for retail sale of merchandise 23

Establishment providing convenience goods

such as drug stores, food stores, tobacco,

newspaper and magazine stores, variety

stores, and liquor stores. 24

Other retail establishments

Place for the manufacturing, assembly or

packaging of consumer goods 25 SP51

Barber shop, beauty shop, laundry and dry

cleaning pickup agency, shoe repair, self-service

laundry or other similar establishment

Hand laundry, dry cleaning or tailoring shop 26

Lunchroom, restaurant, cafeteria 27

Establishments where alcoholic beverages are

sold and consumed and where no dancing

or entertainment is provided

Lunchroom, restaurant, cafeteria Yes28

Bar, saloon, or other establishment

serving alcoholic beverages but which is not

… read the rest →

🗓 The meeting where this was taken up: Jul 30, 2018

↩ Answers awaiting report: Awaiting report 2018 · #75