CommCan, Inc. v. MansfieldAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the Land Court determining that, pursuant to Mass. Gen. Laws ch. 94G, 3(a)(1), the town of Mansfield may not prevent CommCan, Inc. from converting to a retail marijuana establishment, holding that there was no error.
Mass. Gen. Laws ch. 94G, 3(a)(1) exempts, with some exceptions, medical marijuana dispensaries from zoning ordinances that would prohibit them from converting to retail marijuana sales. Plaintiff, the president of CommCan, received authorization from the town to construct a building that would house a medical marijuana dispensary. Before construction began, chapter 94G legalized the sale of recreation marijuana. Plaintiff sought a determination that, pursuant to section 3(a)(1), the town may not prevent CommCan from converting to a retail marijuana establishment. The Supreme Judicial Court granted summary judgment for Plaintiff. The Supreme Judicial Court affirmed, holding that the town's arguments on appeal lacked merit.