In November 2016, Massachusetts voters approved a law regulating the cultivation, processing, distribution, possession, and use of marijuana for recreational purposes. Rutland voters narrowly defeated the question by less than a 1.1 percent margin. The vote was close enough that officials decided to send out a survey with the annual town census in January asking residents whether they would vote to approve a bylaw to allow the limited presence of recreational marijuana businesses in town or vote to approve a bylaw that would prohibit recreational marijuana business.
The town will hold a Special Town Meeting on March 12 that will ask voters to establish a bylaw. Any bylaw change requires a two thirds majority, according to Town Clerk Anita Carlson.
Surveys were returned at a rate of 67 percent or 1,248 and the results showed 47.5 percent of those who took the survey were in favor of allowing marijuana shops to have a presence in town and 66.3 percent of results were in favor of prohibiting shops, said Peter Craine who reviewed the survey answers. The percentages add up to more than 100 because more responses were received than surveys sent out and multiple households members gave feedback.
According to Town Administrator Margaret Nartowicz, Town Meeting voters will be asked to enact a temporary moratorium or to pause town action to implement any bylaws regulating or banning recreational marijuana in Rutland until December 31, 2018. The purpose of the moratorium is to wait for the Massachusetts Cannabis Control Commission to fully implement regulations that are currently in draft form, and for the town to conduct a full and thorough planning process to consider whether any recreational marijuana license categories or activities should be presented as zoning and/or general bylaws to a fall 2018 Special Town Meeting, said Nartowicz. This will give the town time to do due diligence to decide and plan what licenses to approve, she added.
The law which allows certain personal use and possession of marijuana took effect on Dec. 15, 2016 and amendments followed which require the Cannabis Control Commission to issue regulations by March 15, 2018 regarding the licensing of commercial activities and to begin to accept applications for licenses no later than April 1. Draft regulations have been issued, but uncertainty remains. The town’s bylaws do not specifically address a non-medical marijuana establishment and final regulations set by the CCC may provide guidance on certain aspects of local regulation of recreational marijuana establishments, said Nartowicz.
Asked what his position on the issue is, Police Chief Nicholas Monaco said people are smoking marijuana and buying it from drug dealers and will continue to do so. “My concern would be if it’s available in retail stores,” he added.
Nartowicz said there were 19 categories and subcategories for licenses for marijuana, among them: marijuana cultivator, craft marijuana cultivator cooperative, marijuana product manufacturer, marijuana retailer, storefront retailer, delivery only retailer, marijuana social consumption establishment, primary use, [bar or café], mixed use, ancillary to primary use, research facility, independent testing laboratory, standards testing laboratory, marijuana transporter, and micro-business.
Nartowicz recommended the board put together an ad hoc committee consisting of the police chief and other stakeholders to review the issue. There were a huge range of responses to the survey, said Nartowicz. We have to keep in mind the state regulations are still being worked on and it’s still up in the air, she said.
Last day to register to vote in the March 12 Special Town Meeting to vote to amend the town’s zoning bylaws to place a temporary moratorium on recreational marijuana establishments, is Friday, March 2.
credit:thelandmark.com