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Taunton, MA Cannabis Regulations: Buffer Zones (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Buffer distance
500 feet between marijuana retailers
Measurement
Straight line, closest points of the two parcels
Waiver
Two-thirds vote of the Municipal Council
Effective date
Added October 2, 2018
Enforcing office
Zoning Enforcement Officer, Chapter 440
Penalty
Up to $300 per day, per offense

Summary

Taunton's Zoning Ordinance bars any marijuana retailer from locating within 500 feet of another marijuana retailer, with distance measured on a straight line between the two closest points of the two parcels. The Municipal Council can waive the buffer by a two-thirds vote if it finds the waiver serves the City's best interest.

§ 440-604. Marijuana establishment buffer. ... No marijuana retailer shall be located within 500 feet of another marijuana retailer. The buffer shall be calculated on a straight line between the two closest points between the two parcels. This buffer provision may be waived by a two-thirds vote of the Municipal Council that said waiver is in the best interest of the City of Taunton.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4508986; v12 updated 2025-09-22; through 09-22-2025).

Full Breakdown

Section 440-604 sits in Article VI, Intensity of Use Regulations, within Chapter 440, the City's Zoning Ordinance, adopted under the authority of the state Zoning Act, MGL c. 40A (§ 440-102). The Council added the buffer on October 2, 2018, as marijuana retail licensing expanded statewide. The rule is narrow: it only spaces retailer from retailer, measured on a straight line between the two closest points of the two parcels, not between a retailer and any school, park, playground or residential use. Taunton's zoning code contains no separate school- or park-proximity buffer for marijuana establishments; a setback of that kind would come from the state Cannabis Control Commission's own siting regulations, not this ordinance.

The Municipal Council holds sole authority to waive the 500-foot spacing, and only by a two-thirds roll-call vote finding the waiver in the City's best interest, so an applicant cannot obtain relief through the Zoning Board of Appeals or a simple majority vote. Because the section sits inside the general Zoning Ordinance rather than a standalone cannabis chapter, applications and enforcement route through the same offices that handle other zoning matters: the City Planner reviews site plans and the Zoning Enforcement Officer confirms compliance before any certificate of occupancy issues.

Marijuana retailers must still separately clear Taunton's cannabis licensing process and any host community agreement before opening, but the buffer itself is purely a zoning-map spacing rule tied to parcel distance, not a use-based or population-based cap.

Violations & Fines

Violating the buffer, or any other Chapter 440 zoning requirement, carries a fine of up to $300 per offense under § 440-301B(1), with each day of noncompliance a separate offense. The City may instead pursue noncriminal disposition under § 440-301B(2): $50 for a first offense, $100 for a second, and $300 for a third and each later offense. The Zoning Enforcement Officer administers Chapter 440, including § 440-604's spacing rule, and can withhold zoning sign-off for a retailer opening inside the buffer without a Council waiver.

Frequently Asked Questions

Does Taunton require a buffer between marijuana retailers and schools or parks?
No. Section 440-604 of the Zoning Ordinance regulates spacing only between marijuana retailers themselves, requiring at least 500 feet between any two retailers measured between the closest points of their parcels. The ordinance sets no retailer-to-school or retailer-to-park buffer; that kind of siting restriction would come from state Cannabis Control Commission regulations, not Taunton's local code.
Can Taunton's 500-foot marijuana retailer buffer be waived?
Yes. Under § 440-604, the Municipal Council can waive the buffer by a two-thirds vote if it determines the waiver serves the City of Taunton's best interest. No other exception appears in the ordinance, and the Zoning Board of Appeals has no independent authority to grant this particular waiver.
Who enforces Taunton's marijuana retailer buffer, and what's the penalty for violating it?
The Zoning Enforcement Officer administers Chapter 440, including § 440-604. Violators face a fine of up to $300 per offense under § 440-301, or the City can pursue escalating noncriminal fines of $50, $100 and $300 for repeated violations, with each day of noncompliance counted separately.

Sources & Official References

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