§ 240-129.1. Temporary moratorium on recreational marijuana establishments and marijuana retailers and associated activities., Article XIV. Amendment; Definitions; Moratorium, Chapter 240. Zoning, Part I. General Ordinances, Code of Ordinances, Barnstable

Definitions. As used in this § 240-129.1, the following terms shall have the meanings indicated:

MARIJUANA ACCESSORIES: Equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.

MARIJUANA CULTIVATOR: An entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.

MARIJUANA ESTABLISHMENT: A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.

MARIJUANA MANUFACTURING: To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

MARIJUANA PRODUCTS: Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

MARIJUANA PRODUCT MANUFACTURER: An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.

MARIJUANA TESTING FACILITY: An entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.

RECREATIONAL MARIJUANA RETAILER: An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.

No building permit, special permit, variance, site plan approval decision or other permit may be issued under this chapter for recreational marijuana establishments and marijuana retailers or associated activities, as those terms are defined herein.

The moratorium shall be in effect through and including December 31, 2018.

During the moratorium period, the Town shall undertake a planning process to address the complex and novel planning, legal and public safety issues related to recreational marijuana establishments and marijuana retailers, to consider the Cannabis Control Commission regulations regarding recreational marijuana establishments and marijuana retailers and related uses, to determine whether the Town shall restrict any, or all, licenses for recreational marijuana establishments and marijuana retailers and to determine whether the Town will prohibit on-site consumption at recreational marijuana establishments and marijuana retailers and shall consider adopting new provisions of this chapter to address the direct and secondary impacts and operation of recreational marijuana establishments and marijuana retailers and related uses.

Applications for permits submitted after the first publication of the notice of the public hearing which results in the adoption of this moratorium but before its effective date shall be dealt with in due course until the effective date of this moratorium; and if a permit or other relief is granted prior to such effective date, it shall be subject to the effectiveness of this moratorium and shall be issued subject to any reliance thereon being at the peril of the recipient. During the effective period of this moratorium, any application shall be denied on the basis of this moratorium. In no event shall any permit or other relief applied for after the first publication of the notice of the public hearing create or result in any protections with respect to the land, its uses or structures upon it,.

Unless extended, continued or modified by a subsequent action of Town Council, this section shall cease to be effective on January 1, 2019.

Severability. The provisions of this section are severable. If any provision, paragraph, sentence, or clause of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this section.