Alexander Hymowitz: Valley Green Grow, Inc. v. Charlton

Alexander Hymowitz: Valley Green Grow, Inc. v. Charlton
CANNANNEW REPORT

 Alexander Hymowitz 99 Mass. App. Ct. 670, 173 N.E.3d 395 (2021) Overview Existing zoning laws of the municipality need to be looked at prior to establishing a recreational and/or medical marijuana grow sight. In this specific case, the municipality allowed for a commercial horticulture establishment and marijuana falls under the category of “an indoor commercial horticulture/floriculture establishment (e.g. greenhouse)” and it is a “use allowed by right”. Background The piece of property, which was nearly 95 acres, was previously used for the commercial growing and processing of apples. The plaintiffs purchased the lot of land. As part of the purchase the plaintiffs proposed that they would construct a marijuana grow sight. The project would “consist of a one million square foot indoor marijuana growing and processing facility, including 860,000 square feet of closed greenhouses; a 130,000 square foot postharvest processing facility; and a 10,000 square foot cogeneration facility.” Furthermore, the marijuana would “be grown hydroponically without chemical pesticides in closed greenhouses that would carefully maintain environmental conditions, filter air contaminants, and mitigate odors.” The proposal also included information about the sights expected electrical, water and waste production. In 2016 the State of Massachusetts legalized recreational marijuana and through their legislation codified the established and regulations of marijuana grow sights. As part of the legislation, municipalities, cities, or towns could “impose reasonable local control over the time, place, and manner of marijuana establishment operations, and a proposed marijuana establishment must comply with local bylaws and ordinances.”[1] In 2017 the law was amended to provide that “nothing in this section shall preclude a municipality from establishing zoning by-laws … which allow commercial marijuana growing and cultivation on land used for commercial agriculture, aquaculture, floriculture, or horticulture.”[2] Issue There are specifically two issues here: Was the marijuana cultivation and processing plan in violation…

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Source : Alexander Hymowitz: Valley Green Grow, Inc. v. Charlton

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