Southborough, MA Cannabis Regulations: Dispensary Zoning (2026)

Chapter 53, adopted by Town Meeting on 4-25-2017 (Annual Town Meeting, Art. 31), is a flat prohibition. The operation of any marijuana establishment as defined in MGL c. 94C, § 1, including a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana facility, is prohibited in all zoning districts of the Town. The prohibition does not apply to the sale, distribution or cultivation of marijuana for medical purposes, licensed under Chapter 369 of the Acts of 2012 and currently permitted in the Town. The zoning bylaw repeats the same sentence in many of the district sections of Chapter 174.

Medical dispensaries are handled by § 174-9J. Subsection (1)(b) provides that the cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted under that section. Under subsection (2)(a), the Board of Appeals acts as special permit granting authority and can grant a special permit for a registered marijuana dispensary only in the Highway Business District, the Industrial Park District or the Industrial District.

The location tests are specific. The property must border Route 9. It must be not less than 1,000 linear feet from a property line of a school, recreational facility or day-care center, or any facility in which children commonly congregate, and not less than 100 linear feet from a property line of a residence in Southborough. Distances are measured from all property lines of the proposed facility. The section defines SCHOOL as any public or private educational facility that provides services to children in grades 12 or under, and DAY-CARE CENTER as an establishment licensed by the Massachusetts Department of Early Education and Care.

Other conditions include a written consent to a criminal background check that includes jurisdictions beyond Massachusetts, compliance with the Town's Sign Bylaw (§ 174-11), and a ban on off-site signage or advertising in any form. No activities, products or treatment inside can be displayed in the windows or be visible to the public. A special permit is valid for two years from issuance, and a renewal is governed by the standards and procedures then in the bylaw.