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Planning board recommends marijuana zoning ordinance to Town Council, 4–1

North Smithfield Planning Board · October 10, 2024
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Summary

After discussing state limits and public-health concerns, the North Smithfield Planning Board voted 4–1 to forward a positive recommendation to the Town Council on a consolidated medical and recreational cannabis zoning ordinance that would allow retail sales by special-use permit in certain commercial zones.

The North Smithfield Planning Board voted 4–1 to forward a recommendation to the Town Council to adopt a consolidated medical and recreational cannabis zoning ordinance, the planner told the board after the roll-call vote.

Planner remarks summarized the policy background: a 2022 referendum approved retail cannabis in North Smithfield and state law requires municipalities that approved retail referendums to adopt implementing ordinances. The planning office consolidated medical cannabis, licensed cultivators, testing laboratories and retail sales into a single zoning section to make the rules easier to find and to align local rules with state licensing requirements.

The draft ordinance would allow retail sales, testing laboratories and certain cannabis-related businesses in business highway, limited-commercial and manufacturing zones by special-use permit. The planner said special-use permits under the new statute must be based on objective criteria; examples in the draft include a state license, defined hours of operation, security measures, and air-filtration systems intended to limit odor. The planner described separation distances from sensitive uses, noting the draft references 1,000 feet for public parks/playgrounds/youth centers and 500 feet for other specified uses; the draft limits retail hours to 8 a.m.–8 p.m. Monday–Saturday and noon–6 p.m. on Sundays.

During discussion, board member Doctor Benoit voiced opposition on health and safety grounds, saying, "We have heard no evidence whatsoever that marijuana is safe," and that he "cannot in good faith certify that this is going to be in the town's best interest of health, safety, and welfare." The solicitor responded that the referendum and state statute effectively require an implementing ordinance when a community votes to allow retail cannabis and that the state list of allowable local standards constrains adding additional local restrictions.

The board then voted. The roll call in the transcript shows Doctor Bryant voting No; Doctor Roberts, Mr. Porter and Mr. Menard voting Yes; and the chair voting Yes. The motion to forward a positive recommendation to the Town Council passed 4–1.

The recommendation is advisory; the Town Council will consider the draft ordinance, hold any required public hearings, and determine whether to adopt local zoning changes consistent with state law.