Massachusetts: Confusion Remains over Local Control of Recreational Marijuana

Revised law in most instances requires voter approval on restrictions.

Although legislators spent eight months revising the state’s new recreational marijuana law, confusion remains on the issue of local control.

Despite recent statements by lawmakers and advocates, the law does not allow town selectmen to act unilaterally to ban retail pot businesses from their communities.

Before imposing any restrictions, the selectmen in towns that voted against the statewide ballot question in November to legalize the drug must submit a bylaw to town meeting. That forum must approve the bylaw with a two-thirds majority, as is necessary with any zoning bylaw.

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