Town Meeting Vote Means Medical Marijuana Dispensary Can Open in Framingham

Framingham Planning Board asked Town Meeting members to approve a moratorium on medical marijuana dispensaries until June 30 2014.

Town Meeting rejected the proposal by a vote of 51-62-5 Tuesday night, the final session of the 2013 Annual Town Meeting.

That vote means a medical marijuana dispensary could open anyone in town where a business is permitted, according to the Massachusetts department of Public Health, which is overseeing the new medical marijuana business in the Commonwealth, after voters approved a ballot question in Nov. 2012.

Originally, the

In not having that zoned marijuana district article submitted to or voted on at Town Meeting, and with the state's new medical marijuana laws going into effect on May 24, it leaves Framingham vulnerable to a dispensary opening any where a business is permitted under the current Framingham zoning laws.

Framingham's current zoning laws would prohibit a dispensary in a residential neighborhood, but with no local restrictions approved by Town Meeting, a dispensary could open, for example, at either the vacant Nobscot Plaza or Mt. Wayte Plaza or any other vacant business in Framingham.

Town Manager Bob Halpin said the town could still propose a zoned medical marijuana district to a special Town Meeting in the fall, but he said there is the possibility a dispensary could open before then.

The new state law allows for up to 35 dispensaries around the state, including at least one but no more than five in each county.

The Commonwealth, under the new law, requires medical marijuana dispensaries to pay an initial $1,500 application fee, followed by a $30,000 non-refundable permit process fee to the state.

After receiving a license, each dispensary would pay a $50,000 annual registration fee to the state.

It is not clear if the town would collect any money during the process or after the license is granted, and if the town would have any say in approving the license.

With Tuesday's vote, a company could file an application fee for Framingham immediately.

Framingham was the first community in the Commonwealth to host a medical marijuana practice. CannaMed opened officially in January 2013.

Framingham Patch was live blogging during the Town Meeting vote Tuesday night on the request to place a moratorium on medical marijuana dispensaries through June 30, 2014.