patching...
Welcome back, Patch Blogger!

No Medical Marijuana Treatment Center in Reading, Town Meeting Says

Votes 113-39 preemptively to change zoning to prohibit such a center here.

 

Reading Town Meeting voted 113-39 last night to prohibit any future medical marijuana treatment center from opening here.

On Nov. 6, Election Day, Massachusetts voters approved a ballot question that allows the use of marijuana for medical purposes.

Reading voters supported the question by just under 60 percent, Town Manager Peter Hechenbleikner told Town Meeting.

Town Meeting members spent an hour and a half discussion the zoning article that would prohibit such a center here.

Proponents of the article, including Police Chief James Cormier, argued that the possession, distribution and cultivation of marijuana violate federal law. A treatment center would draw transient traffic, he said, and could become a target for robbery.

Town Public Health Director Ruth Clay and Elaine Webb, president of the Reading Coalition Against Substance Abuse’s board of directors, also urged the town to close the door, via the zoning article, on a treatment center here. It’s important to protect our youth, Webb said. They want us to be leaders, she said and protect and support them. A marijuana shop is, she concluded, the “antithesis” of that.

Arguing against what they said were scare tactics, opponents of the zoning change said allowing a treatment center here would support Reading voters’ position on the ballot question and be compassionate for patients who are prescribed marijuana for medicinal use

Since the ballot question passed, up to 35 centers could open statewide – five in Middlesex County, Cormier told Town Meeting.

Proponents and opponents argued about whether treatment centers increase or decrease marijuana use and crime.

If Town Meeting chose to allow a center to open here, Cormier said before the vote, the Reading Police Department would “do our very best to assure the quality of life you expect.”

Town Counsel Gary Brackett reviewed the warrant article before Town Meeting.

“We think this is legal,” he said, of zoning approach.

One of the issues with voting so soon after voters approved the ballot question, according to the discussion, is that some questions about future treatment centers remain unanswered, such as state regulations. There are a lot of unknowns, according to Town Planner Jean Delios.

Sentiment seemed to swing toward the zoning change after a Town Meeting member suggested that treatment centers might be better located in communities with more expertise in using marijuana medically.

Ironically, Reading revised its zoning bylaws to make it easier for businesses to open in town, if they need to make only minor changes to their storefronts, Delios pointed out.  She described zoning as a legal avenue for local government to determine what they want in their community.  

Related Topics: Town Meeting and reading town meeting

Jessica

6:45 am on Wednesday, November 14, 2012

Good for Reading! It was bad enough when they had that porn shop in town.

Reply
Comment_arrow

Jessica

9:14 am on Wednesday, November 14, 2012

The shopping strip across from Home Goods. Someone burned it down.

Comment_arrow

FlyingTooLow

8:45 am on Monday, November 19, 2012

Several years ago, I had surgery on my right shoulder. Pain medication was prescribed..."take one capsule every 4 hours."

I took one capsule.
I was down for over 20 hours. When I came to, I felt like I had been hit by a truck. The next time I felt discomfort, I smoked a small amount of marijuana ...pain gone, no after effects.

I threw the pills out.

Then I wrote:

Shoulda Robbed a Bank

My contribution to helping point out just how ludicrous our pot laws truly are.

I would be honored by your review .

Rob

7:14 am on Wednesday, November 14, 2012

Then why did we vote overwhelmingly for medical marijuana in Reading?

Reply

Jessica

7:47 am on Wednesday, November 14, 2012

I think think the bigger question is why its not being treated like any other prescription. Why does it need its own store front?

Reply
Comment_arrow

Emily M

9:09 am on Wednesday, November 14, 2012

yeah, can't they just dispense THC pills at CVS rather than having farms of pot plants? or would that just harsh people's mellow?

Comment_arrow

Margo

10:44 am on Wednesday, November 14, 2012

Because Marijuana is FEDERALLY ILLEGAL:

As DOJ has said on many occasions, Congress has determined through the Controlled Substances Act (CSA) that marijuana is a Schedule I drug and as such growing, distributing, and possessing marijuana in any capacity save a federal research program is in “violation of federal law regardless of state laws permitting such activities” (U.S. DOJ, U.S. Attorneys Durkan and Ormsby, April 14, 2011). DOJ has further stated that “this core priority [of disrupting drug trafficking organizations] includes prosecution of business enterprises that unlawfully market and sell marijuana”(U.S. DOJ, U.S. Attorneys Durkan and Ormsby, April 14, 2011).

Rob

7:55 am on Wednesday, November 14, 2012

Because that's the law that was voted on.

Reply

Kevin M Sexton

7:57 am on Wednesday, November 14, 2012

@ Rob, I'm a town meeting member in Reading and the sentiment last night was that while we voted yes by 59% for question 3 on the ballot as a community, we did so to make it easier for people who are suffering and can benefit from it, to be able to purchase it. The overwhelming tone from the town meeting members last night was that we didn't want to presume that meant we as a community wanted to have one if the facilities here in town. There are no current answers coming from the state as to how those facilities will be regulated, which makes it tough to vote for something. By-laws can always be changed in the future if the need/will of the people deem it necessary.

Reply
Comment_arrow

Pete

7:42 pm on Wednesday, November 14, 2012

Kevin- I have MS. Every day is a struggle with pain and discomfort. I applaud the state supporters of Medical Marijuana for their compassion. I'm embarassed, however, by the Town Meeting members who are attempting to circumvent the distribution provision of the soon-to-be-law by zoning it out of the town. How righteous of them ... How many of them are painfully disabled?

These people do not represent my best interests. 113-39? How do I find out who voted which way? I want to be sure to show the supporters of the narrow-visioned effort the same compassion they've shown me. OBTW - while I'm in some other local town seeking relief from my deteriorating condition, I'll probably shop there for other legal, town-acceptable goods and fare.

I thought Reading was "business friendly"? Isn't there an "adult" zoned area over by the DPW (convenient on/off access from Rte 95) whose zoning would support such a state legalized and tax paying enterprise?

Reading needs to get its head out of the sand. The winds of change are blowing and the answer isn't to simply don another sweater.

Readingite

8:01 am on Wednesday, November 14, 2012

Medical marijuana in illegal under federal law so pharmacies are prohibited from supplying it. So when it is voted under state law all you can have is store fronts.

Reply

Rob

8:27 am on Wednesday, November 14, 2012

Kevin, you say you don't have answers from the state, which makes it tough to vote for. So why not wait for those answers before voting against something?

Reply
Comment_arrow

Margo

10:45 am on Wednesday, November 14, 2012

As DOJ has said on many occasions, Congress has determined through the Controlled Substances Act (CSA) that marijuana is a Schedule I drug and as such growing, distributing, and possessing marijuana in any capacity save a federal research program is in “violation of federal law regardless of state laws permitting such activities” (U.S. DOJ, U.S. Attorneys Durkan and Ormsby, April 14, 2011). DOJ has further stated that “this core priority [of disrupting drug trafficking organizations] includes prosecution of business enterprises that unlawfully market and sell marijuana”(U.S. DOJ, U.S. Attorneys Durkan and Ormsby, April 14, 2011).

Comment_arrow

Reading girl

6:47 am on Friday, November 16, 2012

My thoughts exactly. Rushing to judgement.

Rob

8:29 am on Wednesday, November 14, 2012

Sorry to sound blunt, but the town meeting members appear to be hypocritical on this topic. Its ok, as long as its not in my backyard, right?

Reply
Comment_arrow

Reading girl

5:55 pm on Thursday, November 15, 2012

Agreed. Alcohol, the REAL gateway drug. Typical not in my backyard. Sure didnt waste anytime. Voters approved medical marijuana by a majority.

Jessica

8:54 am on Wednesday, November 14, 2012

Most people dont want a pot den in their town, but they do want sick people to be able to get relief from pain. So until there are strict rules and regulations on how it is sold then most sane people will be NIMBY.

Reply
Comment_arrow

Reading girl

5:25 am on Friday, November 16, 2012

This is the "problem". It would not be a "Pot Den". How out of touch. It would be just like a pharmacy. Sick people going for "medication" that helps the.

Comment_arrow

Jessica

6:03 am on Friday, November 16, 2012

You should investigate what these places are like in the other states that allow the store fronts. They are very far from pharmacies.

Kevin M Sexton

8:55 am on Wednesday, November 14, 2012

Rob, I felt that most people in town would not want a storefront in their community even if they new the how, what and where. That is why I voted to not allow them under our zoning laws, even with the little info we have on the subject. If the people in town decide that they do want a storefront after the state outlines how these places will be regulated, than I would have no problem sitting down with you or anyone else that would like me to put it on the April town meeting for another vote. No worries about being blunt as its a very fair question. Again, it's not about simply not wanting it in our backyard, it's about the lack of info about how those businesses will operate under state guide lines.

Reply

Rob

10:51 am on Wednesday, November 14, 2012

What's your point Margo? Quoting federal law doesn't answer any of the questions asked here.

Reply

Emily M

11:20 am on Wednesday, November 14, 2012

suddenly having a Planet fitness near REI doesn't seem like such a bad use of the space, does it?

Reply

Brandon Chapman

11:27 am on Wednesday, November 14, 2012

I think people were/are conflating the two pieces. The debate last night was whether to amend zoning by-laws to preclude "medical marijuana treatment centers" from doing business in town. That is totally different than the vote on Question 3 in my mind.

Whether voters think people of the state as a whole should have access to medical marijuana is a totally different issue than what type of businesses we want to allow to operate in Reading.

For those arguing that 59% of voters in town supported Q3, wanna bet that if the question said "in Reading" the result of the town-wide vote might have been different?

Reply
Comment_arrow

Derek

11:16 pm on Saturday, November 17, 2012

This is absolutely not a different issue from Question 3. The ballot question read "IN MASSACHUSETTS", which most certainly implies "IN YOUR HOMETOWN". We ARE in Massachusetts, aren't we?

But I admit that I haven't read the details of our zoning law. Maybe it said "Treatment Centers", so a "Sales Location" will still be allowed? A Treatment Center is probably not a great idea anyway (i.e. come here to use it when you need to)... that would create a lot of DUIs. Exactly what was the wording of the zoning change?

Perhaps the states official wording will work around our new zoning law?

I would expect ANY distribution center to be required to store their controlled substances securely.

shmalphy

12:20 pm on Wednesday, November 14, 2012

If you are at all consistent, you would be banning liquor stores.. The people have spoken, the tide has turned. Reading is a shit hole anyway, just another reason to avoid it.

Reply

Joe

1:46 pm on Wednesday, November 14, 2012

Quoting federal law is silly. All laws are made and modified based on the times that we are in, if they were not, then women would still be be allowed to vote. . Reading is hypocritical , why don't the members of the town committee ask the people who voted them into their seats what they want? Oh wait, the residents already did that!!

Reply

Joe

1:47 pm on Wednesday, November 14, 2012

Sorry for the typo, should read "women would NOT be able to vote"

Reply

Jessica

1:54 pm on Wednesday, November 14, 2012

See, if everyone were high right now, this would be a mellow conversation.

Reply
Comment_arrow

Mary Juana

2:06 pm on Wednesday, November 14, 2012

Jessica, right on. This decision makes sense for the superficial appearance Reading continues to present. As a town we wouldn't want to receive any of the tax revenue one of these centers could generate. Let's just wait a few more years until they want to raise our taxes again, and see what happens.

Rob

2:32 pm on Wednesday, November 14, 2012

We'll be lucky if its a few years before they want to raise taxes again.

Reply

Brandon Chapman

4:41 pm on Wednesday, November 14, 2012

These "centers" are supposed to be not for profit, so there would be no substantial tax revenue to realize.

Reply
Comment_arrow

Pete

6:04 pm on Wednesday, November 14, 2012

Why is the Reading police captain spending any time whatsoever trying to subvert a law passed by the majority of state residents? I thought he was supposed to enforce the laws. These actions are akin to the southern states passing laws to dilute voter registration and racial integration.

Comment_arrow

Pete

8:15 pm on Wednesday, November 14, 2012

Actually Brandon, I think you're confusing corporate income taxes with local taxes. Reading has no direct linkage to corporate taxes but does to sales tax, property taxes and meals tax. Not sure how much "substantial" is but I'm pretty sure it would be more than an empty store front or new construction.

Comment_arrow

Brandon Chapman

11:02 am on Thursday, November 15, 2012

I understand that, Pete. The point I was trying to make is that just because a business may generate some tax revenue does not mean it's a great idea to let them operate in town. I disagree with that reasoning

Joe Veno

6:26 pm on Wednesday, November 14, 2012

Pete, The Reading Police do not have a Captian. ???

Reply

Pete

6:53 pm on Wednesday, November 14, 2012

OK. The chief. Why's he wasting my tax dollars trying to invalidate a law?

Reply
Comment_arrow

Karl Weld

11:47 pm on Wednesday, November 14, 2012

The law is not invalidated by the fact that Reading amended its zoning bylaws to prevent the operation of one of these businesses. A vast majority of Town Meeting members decided that this is not something desirable to have in town, in much the same way they could decide that any other type of business is not desirable, even if it's legal. For instance, Town Meeting could decide that Reading will be a dry town. No liquor licenses given, even though alcohol is a legally sold product.

Comment_arrow

Karl Weld

11:50 pm on Wednesday, November 14, 2012

And the Chief has an obligation to report his concerns to Town Meeting so that Town Meeting Members can make an informed decision. Arguments were presented both for and against this zoning change. It's called good government.

Comment_arrow

Pete

9:36 pm on Thursday, November 15, 2012

Let me rephrase that as "circumvent the law". I believe that's more in tune with the southern states approach.

Comment_arrow

Fred Van Magness Sr.

10:02 pm on Thursday, November 15, 2012

There is no law right now. The legislature had not taken a vote as of May 1, 2012 according to the Secretary of State. The Reading Police Chief is a professional and was doing nothing to subvert any law. What was on the ballot (Question #3) was for voters to express an opinion to the legislature. Voters do not make laws....only legislators, and they have not taken a vote yet. And we know from MA history, ballot initiatives don't always become law, even if the voters support the question.

Comment_arrow

Pete

11:49 am on Friday, November 16, 2012

Excellent point Fred. The ballot initiative (the whole initiative not just pieces of it) that was passed overwhelmingly by the people of Mass. and the residents of Reading, kicks off a legislative process that will create the law. We’ve all been a bit lax in our terminology.

That fact further demonstrates just how ludicrous and, to me anyway, plain silly the Town Meeting vote was. What were they voting on? Hypothetical zoning issues?

When’s the vote on where we might locate an inter-galactic refueling station?

Comment_arrow

Pete

11:52 am on Friday, November 16, 2012

Also, I certainly do not mean to question the professionalism of our chief of police. What I question is his use in this situation. He’s facing a massive paradigm shift that anyone in his position would have difficulty promoting. It’s like having oil executives provide their views on green energy proposals.

That role would have been better served by an independent third party.

Sparket Schmooz

6:57 am on Thursday, November 15, 2012

If patients need to grow there own cannabis search out Jorge Cervantes, he has some grow video's online. You maybe covered under section 11: "Section 11. Hardship Cultivation Registrations.
The Department shall issue a cultivation registration to a qualifying patient whose access to a medical treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient’s residence." See www.mass.gov for full text

Reply
Comment_arrow

Pete

9:15 pm on Thursday, November 15, 2012

Thanks. Understand. Unfortunately I'm not much of a farmer ...

Reading girl

6:02 pm on Thursday, November 15, 2012

Love the quote "treatment centers might be better located in communities with more expertise in using marijuana medically." Which means NOT Reading. Where could that possibly be in Mass where the law was just passed?

Reply

Pete

9:10 pm on Thursday, November 15, 2012

I agree Karl. Reading’s Town Meeting does provide a forum for good government. Procedures, however, do not guarantee good government. Especially not when they are subject and succumb to outside pressures. How else could this initiative receive such overwhelming support in a secret ballot election but lose so badly in a public meeting of our elected representatives? Might it have been a sense of intimidation from their peers and our “proponent” police chief who, judging by the article, does not appear to have been there as an impartial contributor. A target for robbery chief? Really? Judging from our past, just like all the gas stations and convenience stores in town I guess.

Reply
Comment_arrow

Reading girl

5:27 am on Friday, November 16, 2012

Thank You Pete. Very well said.

Pete

9:13 pm on Thursday, November 15, 2012

Also, I find the analogy to alcohol sales in town to be rather ironic given the vast number of liquor licenses doled out to local businesses the last several years. That reflects business supply expanding to fill user demand. Hmmm … Maybe Reading isn’t as strait-laced as we like to pretend.

Reply

Reading girl

6:50 am on Friday, November 16, 2012

Pot Den...what an antiquated phrase. There are already pot dens in your neighborhood, you apparently do not know it. This would be a LEGAL regulated store for people with a prescription from their doctor. NIMBY as usual in Reading. BTW, I do not require this product nor do I use it illegally.

Reply

knowa

3:18 pm on Saturday, November 17, 2012

Please sign the White House petition to let Marc Emery complete his sentence in Canada
http://wh.gov/XXp9

Reply

Leave a comment