Medical marijuana
(a) Purpose. It is the intent of this section to regulate the cultivation and distribution of medical marijuana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (G.L. 1956, § 21-28.6-1 et seq.) The town is dedicated to supporting the needs of patients requiring care through the use of medical marijuana consistent with the health, safety and general welfare of the community at large.
(b) Patient cultivation. Patient cultivation shall be permitted in all zoning districts in the Town of Burrillville.
(1) The patient cardholder shall comply with all building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The building official shall approve the application for permits pursuant to G.L. 1956, § 23-27.100.01 et seq.
(2) Possession limits: Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Statutes.
Mature Plants Immature Plants
(Seedlings) and Unusable MarijuanaUsable Marijuana Patient cardholder 12 plants 12 plants 2.5 ounces
(c) Primary caregiver cultivation. Primary caregiver cultivation shall only be permitted in commercial and industrial zoning. Additionally, primary caregiver cultivation shall not be allowed unless each of the following criteria has been met:
(1) If the primary caregiver cardholder does not own the subject property, the owner(s) of the subject property shall provide notarized affidavit of approval of the proposed use prior to review and approval by the town.
(2) The primary caregiver cardholder shall apply for the appropriate approvals and inspections of the local fire chief or state fire marshall or their designee. The local fire chief or state fire marshall shall approve the application for permits pursuant to G.L. 1956, § 23-28.1 et seq. All permits applied for in furtherance of the application shall be sealed and kept confidential by the local fire chief and shall not be subject to review by any party other than the cardholder.
(3) The primary caregiver cardholder shall apply for a zoning certificate and the primary caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The building official shall approve the application for permits pursuant to G.L. 1956, § 23-27-100.01 et seq.
(4) A property containing medical marijuana, and cultivated by a primary caregiver, shall not be located closer than 500 feet to any house of worship, school, public or private, park, playground, play field, youth center, licensed daycare center, or other location where groups of minors regularly congregate. The distance cited in this subsection shall be measured by a straight line between the structure of the proposed site for the registered cardholder and the structure of the site or the use listed above at their closest points.
(5) Notwithstanding subsection (c), no primary caregiver cultivation shall be permitted on any property located within a redevelopment area or a redevelopment district designated pursuant to this Code.
(6) In addition to the requirements above, the primary caregiver cardholder shall demonstrate to the building official that the following requirements have been met.
a. That the area used for growing be secured by locked doors;
b. That the area used for growing has two means of egress;
c. That the area used for growing shall not be within ten feet of a heating or other ignition source such as an electric, propane, natural gas or oil;
d. That the area used for growing shall have proper ventilation to mitigate the risk of mold;
e. That the area used for growing shall have carbon filters installed to reduce odors;
f. That a monitored fire alarm system with hard-wired smoke detectors is installed on the premises in accordance with state fire code and/or to the satisfaction of the local fire chief.
(7) Possession limits.
Mature Plants Immature Plants
(seedlings) and Unusable MarijuanaUsable Marijuana Primary caregiver 12 plants per patient cardholder (to whom he/she is connected through RIDOH
registration process)12 plants 2.5 ounces per patient cardholder (to whom he/she is connected through RIDOH
registration process)
(d) Cooperative cultivation.
(1) Residential cooperative cultivation, as defined under this chapter, shall be prohibited in all zoning districts.
(2) Non-residential cooperative cultivation shall be prohibited in all zoning districts except in all industrial zoning districts and in the general commercial zone and only upon the issuance of a special use permit by the Burrillville Zoning Board of Review in accordance with section 30-34(e) of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:
a. A cardholder shall only cooperatively cultivate in one location;
b. No single location shall have more than one cooperative cultivation. For the purpose of this section, location means one structural building, not units within a structural building;
c. The cooperative cultivation shall not be visible from the street or other public areas;
d. A written acknowledgement of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, and shall be prominently displayed on the premises;
e. The property owner shall apply for the appropriate approvals and inspections of the local fire chief or the state fire marshall or their designee; the local fire chief or state fire marshall shall approve the application for permits pursuant to G.L. 1956, § 23-28.1 et seq.
f. If the cooperative cultivation does not own the subject property, the application shall include notarized affidavit of approval of the owner(s) of the subject property;
g. The property owner shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The building official shall approve the application for permits pursuant to G.L. 1956, § 23-27-100.01 et seq.
h. A non-residential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes;
i. The location of the cooperative cultivation must be reported to the division of state police by the applicant for the special use permit.
j. Notwithstanding subsection (d)(2):
1. [(i)] A property containing medical marijuana, and cultivated by a non-residential caregiver cooperative, shall not be located closer to than 500 feet to any house of worship, school, public or private, park, playground, play field, youth center, licensed daycare center, or (ii) other location where groups of minors regularly congregate. The distance cited in this subsection shall be measured by a straight line between the structure of the proposed site for the registered cardholder and the structure of the site or the use listed above at their closest points.
2. No caregiver cultivation shall be permitted on any property located within a redevelopment area or a redevelopment district designated pursuant to this Code.
(3) In addition to the requirements above, the non-residential cooperative cultivation shall demonstrate to the building official that the following requirements have been met.
a. That the area used for growing be secured by locked doors;
b. That the area used for growing has two means of egress;
c. That the area used for growing shall not be within ten feet of a heating or other ignition source such as an electric, propane, natural gas or oil;
d. That the area used for growing shall have proper ventilation to mitigate the risk of mold;
e. That the area used for growing shall have carbon filters installed to reduce odors;
f. That a monitored fire alarm system with hard-wired smoke detectors is installed on the premises in accordance with state fire code and/or to the satisfaction of the local fire chief.
(4) Possession limits.
Mature Plants Immature Plants
(seedlings) and Unusable MarijuanaUsable Marijuana Non-residential cooperative cultivation 48 plants 24 plants 10 ounces
(e) Compassion centers. Compassion center uses, as established under G.L. 1956, § 21-28.6-1 et seq., shall be prohibited in all zoning districts except in the general commercial and industrial zones and only upon the grant of a special use permit by the Burrillville Zoning Board of Review in accordance with section 30-34(e) of this chapter. No use permitted under this subsection shall be established prior to submission and approval of a special use permit by the zoning board of review with the technical advice of the zoning official. Additionally, such special use permit shall not be granted unless each of the following standards have been met:
(1) The application for a special use permit pursuant to this section shall provide the legal name and address of the compassion center, a copy of the articles of incorporation of the compassion center, and the name, address and date of birth of each principal officer and board member of the compassion center.
(2) The site plan shall depict all existing and proposed building, parking spaces, driveways, service areas and other open uses. In addition to all other restrictions defined in this chapter, the site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.
(3) Findings.
a. That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community;
b. That the requested use at the proposed location will not adversely affect the use of any property used for school, public or private, park, playground, play field, youth center, licensed daycare center, or other location where groups of minors regularly congregate;
c. That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area; and
d. That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
e. Upon issuance of a special use permit, the compassion center shall apply for the appropriate approvals and inspections by the local fire chief or the state fire marshall or their designee. The local fire chief or state fire marshall shall approve the application for permits pursuant to G.L. 1956, § 23-28.1 et seq.
f. Upon issuance of a special use permit, the compassion center or its licensed contractor shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the state building code. The building official shall approve the application for permits pursuant to G.L. 1956, § 23-27-100.01 et seq.
(4) Location.
a. All uses granted under subsection (e), compassion centers, shall not be located within:
1. One thousand feet of the nearest residential zoning district, and lot line of a residence which is a nonconforming use in a non-residential zone in existence as of the effective date of this section; or
2. One thousand five hundred feet of the nearest house of worship, school, public or private, park, playground, play field, youth center, licensed daycare center, or other location where groups of minors regularly congregate; or
3. Two thousand feet of any other compassion center or non-residential cooperative cultivation site; or
4. One thousand feet of any of the Burrillville town lines.
b. The distances specified in this subsection shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.
(5) Hours of operation. The proposed compassion center hours of operation shall be limited to the hours of no earlier than 7:00 a.m. and no later than 8:00 p.m.
(6) Lighting.
a. Lighting shall adequately illuminate the compassion center, its immediate surrounding area, any accessory uses, including storage areas, the parking facilities, the compassion center's front façade, and any adjoining public sidewalk.
b. Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.
(7) Security. The proposed compassion center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall insure that each location has an operational surveillance system, monitored intruder alarm system and security alarm system.
(8) Parking. All uses permitted under this subsection shall comply with the off-street parking and loading requirements and regulations as set forth in this chapter.
(9) Signage and advertising.
a. All signage and advertising for a compassion center shall comply with all applicable provisions of this Code.
b. In addition, no signage or advertising shall use the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols on the sign. Such signage and advertising must clearly indicate that the products and services are offered only for medical marijuana patients and primary caregivers.
(10) Possession limits.
Compassion center Inventory of seedlings, plants and usable marijuana limited to reflect the projected needs of registered qualifying patients.
(f) Marijuana extraction. The use of butane, propane or other solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.
(g) Enforcement.
(1) Any person or organization found to be in violation of this article shall be subject to enforcement in accordance with section 30-32 of this chapter and subject to violations and penalties as provided in chapter 1, section 1-6, general penalty; continuing violations.
(2) All unpermitted pre-existing cultivation shall be required to comply with this section.
(3) All use permitted under this article shall comply fully with all licensing requirements of the town and laws of the State of Rhode Island.
(h) [Documentation confidential.] Unless otherwise provided herein, all documentation, including but not limited to applications, approvals and permits in furtherance of any application by a cardholder, caregiver, residential or non-residential cooperative shall be sealed and kept confidential by the building official and shall not be subject to review by any party other than the cardholder(s).
(i) [Declared invalid or unenforceable.] In the event that any of the terms or provisions of this act are declared invalid or unenforceable by any court of competent jurisdiction having jurisdiction over the subject matter of this act, the remaining terms and provisions that are not affected thereby shall remain in full force and effect.
(Ord. of 12-13-2017)