By Jennifer Lilonsky (staff@latinospost.com) | First Posted: Mar 13, 2013 10:06 PM EDT

Massachusetts state attorney general's office ruled that Wakefield cannot place a ban on medical marijuana dispensaries because of state law. 

And while towns have the right to regulate the medical marijuana dispensaries, they are not allowed to ban them entirely.

"The act's legislative purpose could not be served if a municipality could prohibit treatment centers within its borders, for if one municipality could do so, presumably all could do so," the state explained in a ruling Wednesday.

There are other Massachusetts towns that have placed a ban on medical marijuana dispensaries because of a fear that they would increase crime rates, but the latest ruling only affects Wakefield-according to the Boston Globe.

And the attorney general's office also approved a temporary moratorium for Burlington that will last until the middle of 2014 and permits a ban on medical marijuana treatment centers.

"Certainly the door is open, and we believe wide open, for communities to be able to regulate this," executive director of the Massachusetts Municipal Association Geoffrey Beckwith said.

"For example, they will be able to proscribe the locations where a facility could be allowed or not allowed, for example not in a residential area, not near schools, not in a downtown commercial district."

Massachusetts public health regulators said that they will unveil a draft of regulations on March 29 and hold public hearings on April 29.

A vote is slated to take place on May 8 for the final regulations and if they are approved they will be effective starting May 24.

(SOURCE) 

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