Medical marijuana dispensaries

• A. Definitions.
  • 1. The following terms shall have the definitions as set forth in this code:

    Commercial day care.

    Education institution.

    Library.

    Municipal park/playground.

    Outdoor sports field.

    Place of religious worship.

  • 2. The following terms are hereby defined by this section:

    Athletic and recreational facility.

    Halfway house.

    Medical marijuana dispensary.

    Substance abuse treatment facility.

    Youth center.

    "Athletic and recreational facility" means any athletic or recreational facility including, but not limited to, any playing field, ballfield, basketball court, tennis court, soccer field, or playground.

    "Halfway house" means a licensed facility that offers services to formerly institutionalized individuals to adjust to life in society.

    "Medical marijuana dispensary" means a not-for-profit corporation, subject to the provisions of Chapter 6 of Title 7 [RIGL], and registered under § 21-28.6-12, that dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser. Retail sale for recreational use is not allowed.

    "Substance abuse treatment facility" means a licensed facility that offers recovery services for substance abuse.

    "Youth center" means a managed building and associated outdoor space where young people can meet to participate in a variety of leisure, athletic, educational, religious, and cultural or other activities.

• B. Licensing. A medical marijuana dispensary shall be licensed by the state of Rhode Island and shall be at all times in compliance with the laws of Rhode Island, regulations duly promulgated thereunder, and the provisions of this code.
• C. Proximity to Other Land Uses.
  • 1. No medical marijuana dispensary shall be located within one thousand (1,000) feet* from an educational institution.
  • 2. No medical marijuana dispensary shall be located within five hundred (500) feet* from the land uses listed below:
    • a. Commercial day care.
    • b. Library.
    • c. Municipal park/playground.
    • d. Outdoor sports field.
    • e. Substance abuse treatment facility.
    • f. Halfway house.
    • g. Youth center.
    • h. Athletic and recreational facility.
    • i. Place of religious worship.
  • 3. No medical marijuana dispensary shall be located within four hundred (400) feet* from a residential zoning district or a property with a residential use.
  • 4. *Distances shall be calculated by direct measurement from the nearest property line of the land uses listed above to the nearest portion of the building being used for a medical marijuana dispensary. Distances shall be verified by the applicant and confirmed by the inspector of buildings.
• D. Restrictions.
  • 1. A medical marijuana dispensary shall be prohibited within any zoning district other than M-1 restricted industry and M-2 general industry zoning districts and shall be permitted only by the granting of a special use permit by the zoning board of review.
  • 2. No activities associated with a medical marijuana dispensary shall be permitted as a home business.
  • 3. Medical marijuana dispensary sales shall only be located within a building.
  • 4. Medical marijuana dispensary waste shall be stored in secured waste receptacles in the possession of and under control of the medical marijuana dispensary or other person responsible for the site. Medical marijuana dispensary waste shall be managed in accordance with applicable state laws, including but not limited to rules promulgated by the Rhode Island Department of Health, Business Regulation, and Environmental Management in effect and as amended from time to time hereinafter.
  • 5. A medical marijuana dispensary shall provide adequate security on the premises which meets the minimum security requirements according to the rules and regulations promulgated by the Rhode Island Department of Business Regulation, Rhode Island State Police, or other state agency in effect and as amended from time to time hereinafter.
  • 6. Light cast by exterior lighting fixtures (e.g., security lights, driveway lights) shall be downcast, shielded and hooded, and not spill onto adjacent lots.
  • 7. No equipment or process shall be used that creates noise, dust, vibration, glare, or electrical interference detectable to the normal senses beyond the property boundary. The building shall be equipped with an effective odor control system which shall at all times prevent unreasonable interference of neighbors' use and enjoyment of their property.
  • 8. Storage and disposal of waste or any other hazardous chemical associated with the activities of a medical marijuana dispensary shall comply with local, state, and federal laws. An application for review of any use by a medical marijuana dispensary shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the local fire marshall.
  • 9. An annual inspection of medical marijuana dispensary may be conducted by the inspector of buildings and any other municipal regulatory agency with jurisdiction.
  • 10. Outdoor display of merchandise shall be prohibited.
  • 11. The hours of operation shall be between 10:00 a.m.—7:00 p.m.
  • 12. The minimum lot area shall be six thousand (6,000) square feet.
  • 13. Off-street parking requirements shall be determined by the zoning board of review through the special permit process.
  • 14. Signage requirements for building and free standing signs shall be consistent with the C-3 zoning district. Billboards are prohibited.
• E. Annual Reporting. An annual report may be required by the inspector of buildings which includes a fully executed consent to inspect premises form and documentation demonstrating compliance with the following:
  • 1. Land use and decisions and permits;
  • 2. Fire, health, safety, waste water, and building codes.
  • 3. State of Rhode Island licensing requirements.

(Ord. 2020-9, § 2, 2/24/2020)