BOSTON — Uncertainty over the process that cities and towns must follow to opt out of the sprouting legal marijuana market has sparked confusion across the state and needs to be clarified by the Legislature, the attorney general’s office and a municipal lobby said Monday.
Cities and towns are urging lawmakers to let them restrict or prohibit commercial marijuana sales within their borders by a vote of the municipal legislative body, rather than a community-wide referendum as is called for under the law.
“The new law … makes it impossible for selectmen, mayors, councils or town meetings to make this decision,” the Massachusetts Municipal Association wrote in a letter to the Legislature’s Committee on Marijuana Policy. “Instead, communities are only allowed to enact a ban if they place a question on the ballot and voters approve the question at their next state or local election.”
The MMA said in its letter that it “is clear that the marijuana industry lobbyists learned a lesson from Colorado,” where 70 percent of municipalities have imposed a ban on retail sales via a vote of the local governing body.
Last week, when asked what changes to the ballot law would be seen as violating the will of the voters, Yes on 4 campaign spokesman Jim Borghesani pointed first to allowing marijuana establishments to be prohibited from a town by a vote of the selectmen, rather than town referendum.
The ballot law was approved in November with 54 percent of voters agreeing to it, and it became legal for adults to use, possess, grow or gift marijuana in December.
The process that cities and towns must follow to opt out of the legal marijuana market has sparked concern in city and town halls, the MMA and attorney general’s office said.
Margaret Hurley, who runs the attorney general’s Worcester regional office and focuses on municipal law, said the marijuana law provides an avenue for municipalities to restrict what kinds of marijuana facilities will be allowed to open, but that the law is not clear enough on the process of doing so.