Wayland Town Crier 10/17/18: Wayland marijuana vote is invalid. A vote earlier this month to ban recreational marijuana businesses in town is not valid, because officials failed to provide public notice before the vote, according to Town Administrator Louise Miller.

The following press release was submitted by Town Administrator, Louise Miller:

In 2016, the voters of the Commonwealth of Massachusetts voted to legalize recreational marijuana.  The State Legislature subsequently adopted a statute that provides that if a city or town voted in favor of legalization in 2016, the municipality may prohibit recreational marijuana establishments through a zoning by-law approved by voters at both a town election and town meeting.  Because Wayland voted to support the statewide ballot measure in 2016 (by 74 votes), the statute requires this two-step process in order to adopt a town-wide ban.

To meet the two-step requirement, a special election for Wayland voters to consider a zoning by-law banning recreational marijuana establishments was held on October 2, 2018, and the November 13, 2018 Special Town Meeting Warrant includes a zoning by-law prohibiting recreational marijuana establishments.

At the October 2 special election, Wayland residents supported the ban with 1,226 in favor and 465 opposed.  Unfortunately, a technical requirement for notice of the special election was overlooked.  To rectify this situation, the Board of Selectmen is currently planning to include the same ballot question as part of the annual town election in April 2019.

The updated two-step process for prohibiting recreational marijuana establishments in Wayland will begin with consideration of the zoning article at the November 13, 2018 Special Town Meeting.  Adoption of this article requires a two-thirds vote.  If this amendment is passed by Town Meeting, it would become effective upon the approval of the ballot question in April 2019 by a majority of the voters.

If Town Meeting voters do not approve the zoning amendment by the necessary two-thirds, there would be no ballot question in April 2019.

The Planning Board is also submitting a zoning by-law at the Special Town Meeting to create a new restricted district where marijuana establishments would be permitted.  This article also requires a two-thirds vote.  If approved at Town Meeting, this new restricted zone would replace the temporary moratorium on all Marijuana establishments in Wayland that expires on December 31, 2018.  If the voters approve the ban on recreational marijuana establishments, then the new zoning district would apply only to medical marijuana facilities, which cannot be prohibited.

More information can be found on the Planning Board website: https://www.wayland.ma.us/planning-board-department/pages/marijuana-material