Product Description

Recent updates:

• Update: February 2023

  Dear Subscriber:

  Thank you for choosing to keep your copy of the Massachusetts Cannabis Law Manual current with this 2023 edition. . Inside, you will find new information on topics such as these, which represent only a fraction of what is included in this update:

  • Municipal zoning controls related to cannabis business development. Chapter 3 offers a discussion of the recently enacted legislation, "An Act Relative to Equity in the Cannabis Industry," Chapter 180 of the Acts of 2017 (the equity act), which makes numerous amendments to laws relative to land use considerations for cannabis business development. The chapter lists the act's practical effects.

  • Impact fees. See chapter 4 for a discussion of the amount being charged to the operator for so-called host community impact fees. The chapter mentions what was addressed in the 2022 legislation.

  • Court-supervised proceedings. Chapter 4 also discusses 500 C.M.R. 104(3), which provides for the role of court-supervised proceedings in the life cycle of a cannabis business licensee and the regulatory framework the commission has created for oversight of licensees' operations.

  • Hemp-related products. Chapter 5 discusses hemp-derived products, including those containing delta-8 and delta-10 THC, or synthetically enhanced products inclusive of delta-9 THC derived from Cannabis sativa L. plants that still meet the legal definition of hemp.

  • Regulation of cannabinoids under federal law. Chapter 7 discusses the Schedule I substance classification, by the DEA, of intermediate hemp extract (IHE) and waste hemp material (WHM) that exceeds the 0.3 percent delta 9 THC limit and two 2022 lawsuits challenging DEA conclusions regarding whether such products were subject to regulation.

  We at MCLE trust that you will find this new material useful in your law practice, and valuable in maintaining your law library.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

Historical Development of Massachusetts Zoning Law

Buy Chapter

Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Checklist 1.1

- Amendments to Chapter 808 of the Acts of 1975 (Through 2020 Mass. Acts c. 358, §§ 16–25) Buy Form

Exhibit 1A

- Index of General Zoning Acts Buy Form

Chapter 2 expand

Zoning Power and Its Limitations

Buy Chapter

Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Chapter 3 expand

Procedure for Amending a Zoning Ordinance or Bylaw

Buy Chapter

Michael K. Murray, Esq., Sullivan & Worcester LLP
Alexander A. Randall, Esq., Goodwin Procter LLP

Checklist 3.1

- Procedure for Adoption or Change of a Zoning Ordinance or Bylaw (Except in Boston) Buy Form

Chapter 4 expand

Limitations on Application of Local Zoning Regulations to Governmental Entities

Buy Chapter

Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 5 expand

Low- and Moderate-Income Housing: The Anti-Snob Zoning Act, Linkage, Inclusionary Zoning, and Incentive Zoning

Buy Chapter

Benjamin B. Tymann, Esq., Tymann, Davis & Duffy LLP

Chapter 6 expand

Nonconforming Uses and Structures

Buy Chapter

Mary T. Marshall, Esq.,

Chapter 7 expand

Zoning Freezes

Buy Chapter

Brian W. Blaesser, Esq., Dinsmore & Shohl LLP
Michael S. Giaimo, Esq., Robinson+ Cole LLP
Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 8 expand

Special Permits

Buy Chapter

Michael S. Giaimo, Esq., Robinson+ Cole LLP
Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 9 expand

Variances

Buy Chapter

Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Chapter 10 expand

Procedures for Obtaining Variances and Special Permits

Buy Chapter

Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 11 expand

Judicial Review of Variances and Special Permits

Buy Chapter

Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Chapter 12 expand

Judicial Construction of Zoning Ordinances and Bylaws

Buy Chapter

Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Sullivan & Worcester LLP

Chapter 13 expand

Enforcement of Zoning Requirements

Buy Chapter

Michael K. Murray, Esq., Sullivan & Worcester LLP
Gareth I. Orsmond, Esq., Pierce Atwood LLP

Chapter 14 expand

Landowner Actions to Determine the Validity or Applicability of Zoning Ordinances

Buy Chapter

Michael K. Murray, Esq., Sullivan & Worcester LLP
Johanna W. Schneider, Esq., Hemenway & Barnes LLP

Chapter 15 expand

Legal Opinions on Zoning Compliance

Buy Chapter

Martin R. Healy, Esq., Goodwin Procter LLP

Exhibit 15A

- Sample Zoning Opinion Buy Form

Exhibit 15B

- Sample Zoning Statement of Fact Buy Form

Chapter 16 expand

Special Zoning Acts: Boston

Buy Chapter

Cynthia M. Barr, Esq., CM Barr LLC
Jennifer Schultz, Esq., Sullivan & Worcester LLP

Exhibit 16A

- Corresponding Sections of the Enabling Act, Boston Zoning Code, and Massachusetts Zoning Act Buy Form

Exhibit 16B

- Boston Zoning Acts and Selected Special Acts Buy Form

Exhibit 16C

- Websites for Boston Zoning Buy Form

Exhibit 16D

- Inspectional Services Department Documents: Sample Refusal Letters and Commissioner’s Bulletin No. 97-1 (Wireless Communications) Buy Form

Exhibit 16E

- Selected Issues Addressed in Multiple Zoning Provisions Buy Form

Exhibit 16F

- The Boston Zoning Code: Table of Contents Buy Form

Exhibit 16G

- Downtown Planning: The Downtown IPOD (Article 27D—Superseded and Expired) Buy Form

Exhibit 16H

- South Boston Waterfront Planning (Principles from the South Boston Waterfront IPOD, Article 27P) Buy Form

Exhibit 16I

- Article 80 Development Review: Flowcharts Buy Form

Exhibit 16J

- Boston Zoning Commission: Sample Hearing Notices and Procedural Rule Buy Form

Exhibit 16K

- Parking Freeze Map Buy Form

Exhibit 16L

- East Boston Parking Freeze Buy Form

Exhibit 16M

- Downtown Parking Freeze Buy Form

Exhibit 16N

- City of Boston/South Boston Parking Freeze Buy Form

Chapter 17 expand

Subdivision Control Law

Buy Chapter

Lauren C. Galvin, Esq., Verrill Dana LLP

Exhibit 17A

- Excerpt from Clows v. Planning Board of Middleton Buy Form

Exhibit 17B

- Pre-file Review of Proposed Subdivisions of Registered Land Buy Form

Exhibit 17C

- Excerpt from Gifford v. Planning Board of Nantucket Buy Form

Exhibit 17D

- Board of Health Transmittal Letter Buy Form

Exhibit 17E

- Covenant Buy Form

Exhibit 17F

- Memorandum of Facts and Request for Waivers and Approval of Definitive Subdivision Plan Buy Form

Chapter 18 expand

Smart Growth (G.L. c. 40R and 40S)

Buy Chapter

Jennifer Schultz, Esq., Sullivan & Worcester LLP
Jordan A. Smith, Esq., Sullivan & Worcester LLP

Exhibit 18A

- DHCD Guidance for Smart Growth Zoning and Starter Home Zoning Buy Form

Chapter 19 expand

Expedited Permitting

Buy Chapter

Robert H. Fitzgerald, Esq., Goodwin Procter LLP

Exhibit 19A

- Draft Warrant Language Buy Form

Exhibit 19B

- Priority Development Site Application Form Buy Form

Editor(s)

Author(s)