AG Disapproves Charlton Marijuana Host Agreement Bylaw Provisions as “Unreasonably Impracticable”

In the Attorney General’s letter sent today to the Town of Charlton, the AG disapproved most of a proposed general bylaw amendment regulating community host agreements. The AG determined that the amendment “conflicts with G.L. c. 94G, § 3, and interferes with the contracting authority of the Board of Selectmen. Under Article 13, a citizen petition warrant article, the Town voted to amend the Town’s general by-laws to add a new Chapter 157 Marijuana and Section 157-4, “Host Agreement” to require that Town Meeting approve any community host agreements regarding marijuana establishments. The proposed by-law also declares “null and void” any previously signed host community agreements that do not comply with G.L. c. 94G (“Regulation of the Use and Distribution of Marijuana Not Medically Prescribed”).”  The AG concluded that proposed amendment “conflicts with G.L. c. 94G, § 3, in that it imposes “unreasonably impracticable” by-law requirements and interferes with the contracting authority of the Board of Selectmen.  Click here for the full text of the Attorney General’s letter.

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