Judge Upholds Bourne Recreational Marijuana Shop Ban

Falmouth MA

14 June, 2021

2:42 PM

Description

BARNSTABLE, MA — A Barnstable Superior Court judge denied a motion to reconsider a ban on recreational marijuana dispensaries in Bourne. The court denied the motion on June 4, submitted by The Haven Center Inc., the Cape Cod Times reported. The Haven Center wanted to open a recreational and medical cannabis dispensary a 340 MacArthur Blvd. But in October 2018, Bourne town meeting voters passed a bylaw prohibiting recreational marijuana facilities but allowing medical dispensaries. The Haven Center filed a complaint arguing Bourne's bylaw was invalid because it enacted a temporary moratorium established in 2017 as a bylaw. Judge Thomas Perrino ruled in mid-April Bourne's ban was legal. He's since reaffirmed his initial ruling, saying The Haven Center failed to identify newly discovered evidence, highlight the development of relevant laws or demonstrate flaws in the original ruling. "The moving party should specify the appropriate ground or grounds at the outset of the motion," Perrino wrote in his ruling. "In the absence of that preface, the judge may exercise his or her discretion to refuse to entertain motion." For more on this story, read the Cape Cod Times.