Medical marijuana uses
(a) Licensed cultivator classes. The following are classes of licensed cultivators as defined by the size of the facility through regulations promulgated by the department of business regulation:
(1) Micro means a facility that is 0 to 2,500 square feet.
(2) Class A means a facility that is 2,501 to 5,000 square feet.
(3) Class B means a facility that is 5,001 to 10,000 square feet.
(4) Class C means a facility that is 10,001 to 15,000 square feet.
(5) Class D means a facility that is 15,001 to 20,000 square feet.
(b) All licensed compassion centers, cultivators, nonresidential and residential cooperative cultivators shall apply for all appropriate building, electrical, mechanical, and plumbing permits as required by the building official. The building official shall grant the application for permits pursuant to G.L. § 23-27.3, State Building Code.
(c) All licensed compassion centers, cultivators, nonresidential and residential cooperative cultivators shall apply for all appropriate and inspections by the local fire marshal. The fire marshal shall grant the application for permits pursuant to G.L. § 23-28.1, Fire Safety Code—General Provisions.
(d) In addition to the requirements above, the building official shall require compassion center, licensed cultivator, nonresidential cooperative cultivation, and residential cooperative cultivation to the following:
(1) The area used for growing be secured by locked doors and an alarm system.
(2) The area used for growing have two means of ingress and egress.
(3) The area used for growing not be below grade and not in the basement.
(4) The area used for growing shall not be within ten feet of a fuel or heating source including but not limited to propane, natural gas, or an oil tank.
(e) Confidentiality. Any application for permit or any other up pursuant to this section, any inspection reports, approvals, certificates of occupancy or any other document prepared or created pursuant to this section shall not include the term marijuana, cardholder, caregiver, cooperative cultivation, or any other term that may indicate that such document is or has been prepared or created pursuant to this section.
(f) Probable cause and searches. Once permitted, the growing of medical marijuana shall not constitute probably cause or reasonable suspicion, nor shall it be used system to support the search of the property of the person processing, or otherwise subject the property of the person to inspection by any governmental agency.
(Ord. of 2-28-2019(1))
Editor's note— An ordinance adopted Feb. 28, 2019(1), set out provisions intended for use as § 38-293. Inasmuch as there were already provisions so designated, the provisions have been included as § 38-294 at the discretion of the editor.