§ 648-1. Statement of purpose and authority.

A. 

Whereas, Massachusetts voters approved the regulation of the use and distribution of marijuana not medically prescribed on November 8, 2016 pursuant to Chapter 344 of the Acts of 2016, as amended by Chapter 55 of the Acts of 2017, an Act to Ensure Safe Access to Marijuana; and

B. 

Whereas, the prevention of the illegal sale and use of marijuana, particularly involving youth is a public health priority; and

C. 

Whereas, the state regulation at 935 CMR 500.000 allows for lawful local oversight and regulation, including local fee requirements; and

D. 

Whereas, Chapter 55 Acts of 2017 specifically allows municipalities to "adopt ordinances and by-laws that impose reasonable safeguards on the operation of marijuana establishments" specifically related to "the time, place, and manner of marijuana establishment operations and of any business dealing with marijuana accessories," provided that such restrictions "are not unreasonably impracticable and are not in conflict" with the state statute or regulations regulating to marijuana sales.

E. 

Whereas, local oversight and inspection of adult-use marijuana establishments is within the legal authority of local boards of health to protect public health, safety and welfare; and

F. 

Whereas, local oversight and inspection of marijuana establishments is within the legal authority of local boards of health to protect public health, safety and welfare; and

G. 

Whereas the Massachusetts Supreme Judicial Court had held that" . . . [t]he right to engage in business must yield to the paramount right of government to protect public health by any rational means." [Druzik et al v. Board of Health of Haverhill, 324 Mass. 129 (1949)]

Therefore, in furtherance of its mission to protect, promote, and preserve the health and well-being of all Plainville residents and pursuant to the authority granted to it pursuant to MGL c. 111, § 31, the Board of Health of Plainville enacts a Regulation to Ensure the Sanitary and Safe Operations of Marijuana Establishments and the Sale of Marijuana in the Town of Plainville as follows: