On June 12, 2009 Sunderland at the continued date of its Annual Town meeting voted to amend the Code of the Town of Sunderland Bylaws, by inserting in Chapter 89, the following new bylaw: 

§89-5. Public Consumption of Marijuana or Tetrahydrocannabinol: 

No person shall smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in M.G.L. c. 94C, § 1, as amended) while in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the town; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public.

This bylaw may be enforced through any lawful means including, but not limited to, enforcement by criminal indictment or complaint pursuant to M.G.L. Chapter 40, Section 21, or by noncriminal disposition pursuant to M.G.L. Chapter 40, Section 21D, by the Board of Selectmen, their duly authorized agents, or any police officer. The fine for violation of this bylaw shall be one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the second offense and three hundred dollars ($300.00) for a third or subsequent offense. Any penalty imposed under this by-law shall be in addition to any civil penalty imposed under M.G.L. c. 94C, §32L.

Majority Vote -G.L. c. 40, §§21, 21D

SUBMITTED BY: Police Chief

SELECTMEN RECOMMENDATION: 3-0

Motion to Table Article 24 did not receive a second so motion to table Article 24 FAILED.

Motion to move question: Seconded Declared passed by 2/3 vote by Moderator

Main Motion: Passed Majority