Massachusetts law allows—but does not require—municipalities to pass bylaws and ordinances governing the time, place, and manner of MEs and MTCs, including cultivators, retailers, manufacturers, testing labs, and businesses dealing with marijuana accessories. These bylaws and ordinances shall not be “unreasonably impracticable,” meaning that local laws cannot impose requirements subjecting licensees to unreasonable risk, or require such a high investment of money, time or any other resource or asset, that a reasonably prudent businessperson would decide not to operate an ME or MTC.

Alternatively, a municipality may determine a proposed marijuana-related use falls under an existing use authorized by its bylaws or ordinances.

A municipality cannot prohibit conversion of a facility from medical to adult use.

Zoning bylaws, ordinances, or local rules are not permitted to prevent the conversion of an MTC licensed or registered no later than July 1, 2017, that is engaged in the cultivation, manufacture or sale of marijuana or marijuana products to an ME for adult use engaged in the same type of activity.

A municipality may restrict the number of MEs in its locality.

A municipality may pass a bylaw or ordinance limiting the number of MEs to 20% or more of the number of liquor licenses issued pursuant to G.L. c. 138, § 15 (commonly known as “package stores”) in the municipality.

For example, if a municipality has 100 liquor licenses, the municipality may set a maximum limit of 20 MEs. If a municipality seeks to ban MEs, limit the percentage to fewer than 20% of granted liquor licenses, or limit the number of MEs to fewer than the number of MTCs in its locality, the municipality must submit that ballot question to the voters of the municipality at a regular or special election, according to the process laid out in Section 25 of Chapter 55 of the Acts of 2017.

A municipality may choose to increase its existing limit on the number of MEs or MTCs permitted to operate. However, a minimum of 50% of the additional licenses (and not fewer than one license) beyond the previous cap must be allocated for:

• license applicants designated a Social Equity Program (SEP) Participant or Economic Empowerment Priority Applicant (EEA), or
• individuals or entities verified or pre-verified as Social Equity Businesses, including those that have already been designated as Social Equity Businesses, Economic Applicants, or both.

MEs and MTCs may not be within 500 feet of a school.

MEs and MTCs may not be located within 500 feet of a pre-existing public or private school providing education in kindergarten through grade 12. Municipalities may adopt an ordinance or bylaw to reduce that distance requirement. Municipalities may set their siting requirements. However, if they do not, the default buffer zone of 500 feet applies.

A municipality may regulate, by bylaw or ordinance, signage regarding marijuana-related uses.

A municipality may regulate signage for MTCs and MEs. However, the ordinance or bylaw may not impose a standard more restrictive than that applied to retail establishments selling alcoholic beverages within the municipality and may not violate the protected free speech protections under the First Amendment to the United States Constitution.

A municipality cannot prohibit the transportation of marijuana or marijuana products through its locality.

Municipalities also cannot adopt ordinances or bylaws that make the transportation of marijuana or marijuana products unreasonably impracticable.

A municipality’s ordinances or bylaws must comply with statute and Commission regulations.

Pursuant to Chapter 180 of the Acts of 2022 and 935 Code Mass. Regs. (CMR) 500, et seq., and 935 CMR 501, et seq., municipal bylaws and ordinances must comply with minimum standards to promote an equitable industry.  Municipalities should review these statutes and regulations to ensure the community is compliant with equity standards. For more information on municipal equity requirements, please visit the Commission’s Guidance on Municipal Equity and Industry Participation (forthcoming).  If the municipality has specific questions on how to comply with the law, we recommend consulting with legal counsel.

For More Information

Guidance on Municipal Equity & Industry Participation

Model Municipal Equity By-Law or Ordinance Template

Municipalities Roles and Responsibilities

Licensing Process