Legality of medical marijuana conflict

WESTFIELD, Mass. (WWLP) - A burning question for cities and towns in Massachusetts. How will they regulate medical marijuana now that it's legal?

Just because medical marijuana is now legal in Massachusetts, it doesn't mean that pharmacies can go ahead and distribute it right now.

In fact, as Westfield Planning Board members learned Tuesday night, building marijuana dispensaries is a complicated process.

Medical marijuana is now legal in Massachusetts. But because it's a brand new legislation, members of the Westfield Planning Board are trying to learn more about the law before any dispensaries come to their neighborhood.

Chairman of the Westfield Planning Board Phil McEwan told 22News “As far as the placement goes, we wouldn't necessarily want a dispensary next to a school or church or a residential neighborhood.”

Heather Fields of Westfield said “I don't know much about it but it's good that they are here, so more people get more information.”

But experts say all cities and towns should know before they pass any ordinances that the federal law still says any use of marijuana is illegal.

That means even if voters approved the medicinal use of marijuana, the federal government says that is still against the law.

David Baker, assistant professor of pharmacy administration at Western New England University said “Federal law is supreme over state law, and it's also being right now in Colorado, in California where the federal government is prosecuting what laws call medical marijuana providers.”

That's why the State Department of Public Health is saying it will take months before any dispensary can be built here in Massachusetts.