With recreational marijuana possession – and eventually, commercial sale – legal, the Georgetown Board of Selectmen is looking into implementing a moratorium on it in Georgetown to allow the Planning Department to come up with new guidelines for the controversial new industry.
"We’re not looking to say no, we’re just looking to say hold," Selectman Gary Fowler said.
Some communities have already done this. But complicating the issue more in Georgetown is that there is a medical marijuana grow facility and dispensary opening in town, owned by Healthy Pharms.
Town Administrator Mike Farrell met with town counsel to discuss the issue, because something jumped out at him that was written in the Healthy Pharms Host Agreement, in Section 17, which reads: "The town further agrees that in the event that marijuana becomes legal for recreational uses, it shall not oppose the company’s decision, if any, to pursue permitting to engage in recreational marijuana operations."
This means Healthy Pharms can legally now try to get permits to cultivate cannabis for recreational use and possibly – once recreational marijuana shops become legal in 2018 – set up such a shop, in addition to its medical marijuana dispensary and grow operation.
"So preventing it in total will probably be out of question – that ship has sailed," Farrell said. "It complicates the matter. So we need to be in discussions with Healthy Pharms as we go along this trail."
As for the moratorium, Farrel said legal counsel suggested waiting until the laws are settled. Massachusetts voters approved recreational marijuana possession and cultivation as well as cannabis shops in the 2016 election. But then, a group of legislators passed a bill delaying some parts of the legalization, including the allowance of shops, to about mid-2018, and efforts are still underway to alter the legalization language approved by voters in 2016.
"[The laws] are going to change a lot, and they’re not going to be settled for another year and a half," Farrell said. "And if we restrict it too much, there’s a possible lawsuit for damages. Or Healthy Pharms can say, ‘Well, you abrogated the agreement so we’re not paying you.’ That’s another possible problem."
Zoning ordinance or bylaws cannot prohibit placing a marijuana establishment in any area where a medical marijuana treatment center is registered.
Little marijuana shops
"I think the use of the term ‘moratorium’ is a crock," Selectman Doug Dawes said. "I think that what we don’t want to see are these little marijuana shops popping up all over the center of town, or a marijuana caf, or allowing restaurants to have a marijuana section."
Dawes suggested that, since Healthy Pharms is legally allowed to apply for permitting to conduct recreational marijuana business, Georgetown should restrict recreational marijuana to the area of town in which the Healthy Pharms facility will already be.
"They do have that right, according to the host agreement, to go before Planning," Dawes explained. "But I’m just more concerned about the business area of the community. And although things are going to change now because it’s legal I don’t want that stuff within a thousand feet of a school."
Dawes cited current state alcohol law as a possible model.
"Alcohol is legal to consume and purchase within the state, but there are communities that are dry towns and limited," Dawes said. "Topsfield has Gilly’s now. They can sell beer and wine. But that’s the only place you’re going to buy any form of alcohol in that town.
"So towns have the right to determine what is sold within their borders," said Dawes. "And if we want to determine that we have one establishment, and if there was a recreational component for that, and they wanted to do that, it’s already in the hosting agreement that we can’t block it. But we can, as a community, say that’s the only place we’re going to allow any type of marijuana sales."
The new state law also allows communities to limit recreational marijuana facilities to 10 percent of the number of alcohol stores in those communities, which Farrell said would mean just one recreational marijuana shop in Georgetown.
And communities can prevent marijuana cafes, Farrell added.
The board will continue to look into the town’s options for recreational marijuana policy. Any measures would be placed on the local election ballot by the board, as they cannot be put up for a vote by petition.
News Moderator: Katelyn Baker
Full Article: Georgetown Selectmen Mull Recreational Marijuana Restriction Options
Author: Bryan McGonigle
Contact: 978-739-8506
Photo Credit: Bob Pennell
Website: Wicked Local Georgetown
