PITTSFIELD, Mass. — The mayor says she plans to bring together a working group to perform a comprehensive review of the state's recreational marijuana law in the coming weeks.

 

Mayor Linda Tyer says the purpose of the group, which includes representatives from law enforcement, health, and economic development, will come together in January to begin finding a balance between protecting public health while respecting the voter's will.

 

Massachusetts voters passed a ballot question to legalize recreational use of marijuana in November, following similar adoption in three other states.

 

"The purpose for convening city officials in January is this: to undertake a review of the new law with the lens of respecting the will of the voters while, at the same time, protecting public health and safety," Tyer wrote in a statement issued Friday.  

 

"For example, does the new state law allow the city to create zoning ordinances that will permit us to locally regulate the recreational marijuana industry? What are the current public health regulations that we need to be mindful of when the state begins implementing this new law?  How does the new law impact our law enforcement community? Do we want to allow for or limit retail sales and cultivation of marijuana? These are just some of my unanswered questions."

 

The law is far from being set in stone. Leadership in the state Legislature has already talked about altering the law and earlier this week, with just a half-dozen lawmakers in an informal session, delayed the next phase of implementation by six months. The earliest a recreational shop can open now would be in July of 2018.

 

Cities and towns are already keeping an eye on what it can do with the new law. The Massachusetts Municipal Lawyers Association issued guidance earlier this year which says cities and towns have put local laws in place "that impose 'reasonable safeguards' on time, place, and manner of operation of a [marijuana establishment] as long as the requires are not 'unreasonably impracticable." Town also have the ability to add up to 2 percent tax on the products.

 

But, cities and towns cannot outright ban either cultivation or recreational without going to the ballot. A vote would also be needed to restrict the number of operations to less than 20 percent of the number of alcohol retail licenses a municipality issues or limit to fewer establishments as medical marijuana. 

 

The MMLA continues to say that cities and towns have the ability to restrict manufacturing and cultivation if it is a nuisance, establish "reasonable" restrictions on signs, and establish fines for violations of the bylaws.

 

Pittsfield has already adopted zoning regulations for medical marijuana facilities - regulations which include limiting the number of establishments to three, outlawing them from being within 1,000 feet of a school or park, and ensuring that cultivation is properly secured. Medical marijuana operations need a special permit from the Zoning Board of Appeals. 

 

On Dec. 8, Permitting Coordinator Nate Joyner told the ZBA that he expects the city's ordinance to look a lot like the medical marijuana bylaw. But, the state's legislation could be different as time goes on and the Legislature gets back in session. He said his department plans to draft an ordinance and make adjustments as needed.

 

"We are anticipating putting for a draft in the next couple months," Joyner said at the time. "Most likely we'll stick to similar parameters for medical marijuana."

 

Tyer told the Berkshire Eagle on Wednesday that she sees an economic opportunity in cultivation operations and hoped the study group would make recommendations on zoning and licensing to guide the future business sector.

 

On Friday Tyer released a statement saying her intention is not to have the study group look at ways to use city-owned land for cultivation.

 

"It not my intention to use this study group to create a plan for how city-owned land can be used for the cultivation of marijuana. This is a multifaceted issue that will require many more conversations among the appropriate stakeholders. I hope this clarification provides a better understanding as to the city’s position regarding recreational marijuana and the work ahead," Tyer said.

 

Any marijuana operation in the city is still a long way away. The state needs to form a Cannabis Control Commission and craft further regulations around the licensing of establishments.