1,000-Foot Buffer Rule Could Lead to Federal Action in MA

Legal marijuana dispensaries face potential prosecution if a U.S. attorney enforces federal guidelines banning marijuana businesses from opening within 1,000 feet of schools, playgrounds or public housing.

U.S. Attorney Carmen Ortiz said dispensaries may face prosecution and asset forfeiture if they open too close to a school even if they’re allowed under state and local regulations, according to the Boston Globe.

At least six Massachusetts dispensaries fall into that category, the Globe reported.

Last year, the Justice Department guided federal prosecutors via the Cole Memo that enforcement should be left to local authorities, but said preventing children from getting marijuana remains a federal priority, the Globe said.

Vanderbilt University law professor Robert Mikos said most states have taken the Justice Department advisory to heart and incorporated the 1,000-foot setback into their licensing process, the newspaper said. In Massachusetts, however, dispensaries must be 500 feet from schools, day-cares or facilities where children frequently congregate.

According to the Globe, Patriot Care Corp., which won conditional approval for a marijuana dispensary in Boston, Greenfield and Lowell, has dispensaries within 1,000 feet of schools in Boston and Greenfield.

Dennis Kunian of Patriot Care said the company has not had contact with government officials, but “would cooperate fully” with authorities if the law is implemented.

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4 comments on “1,000-Foot Buffer Rule Could Lead to Federal Action in MA
  1. Brian on

    These six groups are screwed, time to look for another location. Typical fed move, come in at the last minute to slow down the process. In another few months when a dispensary is ready to start growing the Feds will be back threatening not to exceed plant count to patient ratio. Which in turn will really delay the process in implementing the law that passed in 2012 because the patient registration process is way behind schedule.

  2. lee on

    This just infuriates me!! A drug store, supplied by big pharma, can, and is located on every damn corner. Heroine, MA’s biggest concern, is killing sons and daughters on every other corner. But marijuana, which has never killed anyone, ooh, THATS the big bad wolf?! Please! Open the dispensaries, that were legalized almost four years ago, and stop deaths from legally prescribed and lethal street drugs. Common sense and compassion must prevail!!!

  3. massvocals on

    Let me ” me ” be the first to state that the Federal Government agency in supporting CSL for ” cannabis ” against our ” own people ” whom the public by overwhelming voted 68 % or better should not have to face odds of there diseases vs thug pigs , yes that is what you are taking under color of law a law which is unjust and base in lie yet you act is an act of war You not the big and people are really bent piss off YOu federal thugs who refuse to stop your attacks and or remove cannabis form 1 to 2 or even off the record of CSL are committing this war on our own citizens . I want say and i do believe that many of us have had it with this continue attacks . the measure of patients going to dispensaries then only being high jack by these agency who take records and cannabis is an act of war , The federal government is limited to its jurisdiction. Over the years the prohibitionist law thugs in hope of showing them selves off as being hard on crime . Did Gemini state law to federal yet federal government is limited to power The Supremacy law does not allow a like UCC legal record This is government of two master fighting upon its own citizen such as to collapse the foundation As a patriot I ,m very upset over this over much of the debt and its slavery cannabis may well come to be the revoke and reason to overthrow this government I say YES , to revolution we should shall not allow this any longer ,

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