Mass. Town Must Allow Indoor Pot Farm In Agriculture Zone

Law360 (June 9, 2021, 10:21 PM EDT) -- A split Massachusetts appeals panel affirmed on Wednesday that the town of Charlton must permit the development of an indoor marijuana growing facility because it was being constructed primarily for agricultural use.

The 2-1 majority of the Massachusetts Appeals Court determined that the property proposed by Valley Green Grow Inc. may have had other non-agricultural functions, such as generating electricity and drying and processing the cannabis, but said these were incidental to its primary function as a cultivation space and therefore should be allowed in a district zoned for agricultural use.

The decision marks a rebuke to Charlton's Planning Board, a...

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