Marijuana Study Committee Briefing Document April 23, 2018

Transcription

1 Marijuana Study Cmmittee Briefing Dcument April 23, 2018 I. Rle f the Cmmittee II. Why did the Selectmen frm the Marijuana Study Cmmittee? The Bard frmed the Cmmittee t help the Twn understand the new State law that legalized the persnal use, cultivatin, prcessing, lab testing and retail sale f recreatinal marijuana thrughut the Cmmnwealth, t assess its implicatins fr Lincln, and t make recmmendatins regarding ptential plicies, bylaws and regulatins that may be desired and/r required t prtect the Twn s interests. It cnsists f ne representative each f the Bard f Selectmen, Planning Bard, Schl Cmmittee, Bard f Health, and three At Large members. What will the Marijuana Study Cmmittee d? Identify the key public plicy questins that will need t be cnsidered by varius Twn fficials, and by the vters f the Twn; Cnsult with ther cities and twns t identify emerging best practices; Develp a timeline fr key milestne decisins; Prepare a reprt that summarizes the law and any current state regulatins, clarifies the Twn s ability t regulate, identifies key public plicy and regulatry issues and challenges; Wrk with the supprt f Twn Cunsel t draft necessary amendments t the Twn bylaws, regulatins, electin ballts and ther supprting materials; and, Cnduct its business in an pen and participatry manner, prviding multiple pprtunities fr input frm a diversity f Twn residents, as determined apprpriate by the Cmmittee, which may include public meetings, wrkshps, educatinal frums, surveys, and interviews. Overview f the Law Backgrund & Key Milestnes On Nvember 8, 2016, Massachusetts vters apprved Questin 4 legalizing the recreatinal use f marijuana. Lincln residents vted 2,088 t 1,799 in favr f the questin. Anticipating that the Twn wuld need time t study the Act and t frmulate its respnse, the Selectmen prpsed and Twn Meeting apprved a zning mratrium bylaw n March 25, 2017 t delay licensing f any marijuana establishments fr the Twn. The Twn s mratrium bylaw was apprved by the Attrney General in April, 2017 and will remain in effect until Nvember 30, The Attrney General has nted that, except in extenuating circumstances, he will nt apprve any mratriums that extend beynd December 31, Thus, it is nt an ptin fr the twn t extend its mratrium further. The Act was subsequently amended n July 28, 2017 when the Gvernr signed Chapter 55 f the Acts f Implementatin f the Act will require that Twn fficials understand 1

2 the Act, the imprtant public plicy questins that it raises fr lcal fficials and residents, the limits f the Twn s authrity t regulate, and the will f the citizens f Lincln. The Act created a State Authrity, the Cannabis Cntrl Cmmissin (CCC), t regulate the industry and t issue licenses. The CCC issued its final regulatins n March 9, 2018, which can be dwnladed frm the CCC website ( cannabis cntrl.cm/wpcntent/uplads /2018/03//Repsted CCC Final Regulatins with disclaimer.pdf). On April 1, 2018 the CCC will begin accepting applicatins fr recreatinal marijuana licenses. On June 1, 2018, the CCC will begin issuing licenses t qualified applicants. Since Lincln s mratrium will be in effect at this time and until Nvember 30, 2018, n license will be issued t any applicant that seeks t lcate in Lincln fr the duratin f ur mratrium. The Bard f Selectmen s Recreatinal Marijuana Study Cmmittee will use the intervening time under the mratrium t study the issues, t engage the public in discussin and t prepare a reprt and recmmendatins fr the Selectmen. In the event that the cmmunity cnsensus supprts a full r partial ban n recreatinal marijuana cmmerce in Lincln, the legal prcess fr enacting such restrictins includes a 2/3 vte by Twn Meeting t adpt a zning bylaw amendment, and by a majrity vte in a Twn Electin. All this wuld need t be cmpleted befre the expiratin f the Mratrium n Nvember 30, What are the key prvisins f the new law? Oversight (State & Twn Authrities) A new State agency, the Cannabis Cntrl Cmmissin (CCC) has the authrity fr adpting regulatins and issuing licenses, much as the Alchlic Beverages Cntrl Cmmissin (ABCC) des fr alchl. Twns have tw levels f authrity: 1) t be able t prhibit sme r all f the nw permitted cmmercial marijuana activities by vtes f their Twn Meetings and by ballt als in the case f municipalities, including Lincln, whse vters apprved Questin 4 in Nvember f 2016; and if nt prhibited, then 2) t regulate the time, place and manner f marijuana establishment peratins and adpt rdinances and bylaws that impse reasnable safeguards, prvided that they are nt unreasnably impracticable. Permitted Uses As a result f these recent changes in law, it is nw legal fr anyne ver the age f 21 in the State f Massachusetts t cultivate, prcess, distribute, pssess, and use marijuana fr recreatinal purpses, subject t the rules and regulatins f the Cmmnwealth, and any bylaws and rdinances the Twn may adpt. Persnal Use In public, any persn 21 years f age r lder may have ne unce r less in their pssessin. Within a persn s primary residence, each resident may have up t 10 unces, and may have n mre than six plants fr persnal use r 12 plants if there is mre than ne grwer living in the residence. A persn may give away n mre than ne unce f marijuana t persns ver the age f 21. Persns f legal age may als pssess, manufacture r sell accessries t ther persns f legal age. 2

3 The law als impses significant limitatins n the ways in which marijuana is stred and cnsumed, including: Marijuana exceeding ne unce kept at hme must be secured in a lcked cntainer; it may nt be cnsumed in public places r where tbacc smking is prhibited; and May nt be carried in pen cntainers in mtr vehicles. Scial Cnsumptin/Marijuana Cafes The law creates a mechanism fr municipalities t permit scial cnsumptin thrugh a petitin prcess. While the Cannabis Cntrl Cmmissin s final regulatins n lnger include licensing fr scial cnsumptin, a Twn that wishes t allw marijuana retailers but prhibit scial cnsumptin shuld specifically state s in its zning bylaw because the CCC will be addressing scial cnsumptin in the future. Cnsumptin f Marijuana & Alchl Licenses may be btained frm the State fr ne r the ther but nt fr bth. Thus, if alchl is sld at a restaurant r bar, marijuana may nt be sld r ingested in that same lcatin. Grwing & Cultivatin Generally speaking, the Twn s Zning Bylaw will cntrl where marijuana grwing may ccur, and the Cannabis Cntrl Cmmissin s regulatins will gvern what may be dne with the crp that is grwn. Under the Twn s Zning Bylaw, agriculture is permitted by right in the vast majrity f the Twn, in all the Residence zning districts (R 1, R 2, R 3, R 4) n all cnfrming lts with 80,000 square feet (r ptentially n nncnfrming lts as well). In additin t larger cmmercial scale grwing, the Marijuana Law permits s called Craft Cperatives that may grw marijuana fr grwing and prcessing fr sale t retailers but they may nt cnduct retail sales themselves. Marijuana micrbusinesses may be either a small scale cultivatr (limited t 5,000 sq. ft. grwing area) r a prduct manufacturer r bth. Greenhuses r any permanent structures may trigger site plan review and thus be subject t Planning Bard determinatins f suitability befre a building permit can be issued. The Twn may cnsider a new bylaw, shuld grwing f marijuana be allwed, that site plan review will be required. Deliveries The Twn cannt prhibit prperly licensed marijuana distributrs frm delivering marijuana t its Lincln custmers even if the Twn were t adpt a bylaw prhibiting marijuana establishments in Lincln. Revenue & Taxatin Shuld the Twn agree t permit retail marijuana sales, it culd, by vte f Twn Meeting, adpt a lcal tax f up t 3% n the sale r transfer f marijuana prducts by a marijuana retailer. The law als requires that recreatinal marijuana establishments enter int Hst Cmmunity Agreements that permit the Twn t impse reasnable cmmunity impact fees, capped at n mre than an additinal 3% f grss sales. Under the mst recent amendment, the state tax n the sale f recreatinal marijuana was increased frm 3.75% t 10.75%. Althugh the Twn des nt receive any prceeds frm the State tax, the funds cllected frm establishments acrss the Cmmnwealth may be used by the State t enhance scial and ther needs that culd have an indirect benefit n Lincln. 3

4 III. Hw des the new law gverning recreatinal marijuana impact the law gverning medical marijuana? The new law maintains the current regulatry scheme fr medical marijuana but shifts versight and regulatry authrity frm the Department f Public Health t the CCC by the end f If a medical marijuana establishment wants t cnvert fully r partially t cmmercial recreatinal marijuana, it must apply t the CCC fr such a license and wuld be subject t the Bylaws f the Twn. Hw des the Federal Law prhibiting recreatinal marijuana interact with the new law in the State f Massachusetts permitting recreatinal marijuana? In additin, can Federal agents enter Lincln and arrest grwers, shp wners and individuals wh cultivate, sell r use marijuana? Based n experience in ther states, such as Clrad, it is unlikely that Federal agents will shut dwn any establishments and charge anyne with vilating the Federal law, unless the marijuana is fund n Federal prperty. Hwever, because there is a ttal ban by federal law, marijuana establishments cannt d business with banks and btain credit. Thus, all transactins will be by cash unless there is a change in Federal law r plicy. The Twn s Optins What is the range f ptins the Twn has in cnsidering the extent t which it wuld like t regulate r prhibit the type and scale f cmmercial recreatinal marijuana uses and activities that are nw permitted under State law? The marijuana law is written s that recreatinal marijuana establishments are autmatically allwed in ALL municipalities. If a twn that vted in supprt f the legalizatin ballt questin in 2016 wishes t OPT OUT f allwing recreatinal marijuana establishments in their cmmunity, in full r in part, it must vte t d s bth at Twn Meeting and at the Electin ballt. Optin #1: D Nthing Optin #2: Enact a Full Ban Optin #3: Enact a Partial Ban Discussed in detail belw. IV. Cnsideratins & Tradeffs What are the varius cnsideratins invlved in each ptin? Optin #1: D Nthing 4

5 If the Twn elects t take n further actin, effective as f the expiratin f ur Marijuana Mratrium Bylaw n Nvember 30, 2018, the State culd begin issuing license/s t qualified Lincln based marijuana establishments f any type permitted by state statute (i.e., cultivatin, prcessing, lab testing, and retail sale). The Twn s existing Zning Bylaw wuld still apply s that marijuana retail sale culd nly ccur within the Twn s Retail Zne, and the Twn s Agricultural Bylaw, which wuld regulate marijuana as it wuld any ther crp, wuld cntrl where marijuana culd be grwn. Fr additinal details abut Lincln s Agricultural Bylaw, please refer t Page 3, Sectin II (Grwing & Cultivatin). Optin #2: Enact a Full Ban If the Twn were t ban all nw legally permitted marijuana establishments and activities, with the exceptin f licensed medical and persnal use, it wuld d s by vting t apprve a Zning Bylaw Ban by tw thirds vte f Twn Meeting and by majrity vte at an Electin ballt. What wuld be prhibited? Retail sale f any marijuana prducts, cultivatin f recreatinal marijuana fr cmmercial sale, manufacturing f any marijuana prducts, including accessries, independent testing labratries, and any ther types f licensed marijuana related businesses. Retail sale includes bth establishments that sell marijuana directly and thse that ffer n site cnsumptin as a "primary use", such as marijuana cafes r bars. It als will be banned frm secndary establishments such as Yga r massage studis, mixed use cffee huses, mvie theatres r restaurants. If a ttal ban is passed by twn meeting and vte at an electin, the Twn can at a later time revisit the ban based n experiences f ther lcalities that did nt enact a ttal ban. What wuld nt be prhibited? Residents ability t persnally pssess, grw, and use either prescribed medical r recreatinal marijuana. Optin #3: Enact a Partial Ban This might be t allw nly ne type f use, such as cultivatin, testing, manufacturing, r retail businesses t the exclusin f thers. Cultivatin The area being used fr utdr grwth wuld have t be a secured area (fr example, perimeter security fence, cmmercial grade lcks, cntinuusly mnitred security alarm system, and vide cameras and entries and exits)). It wuld als have t be sign psted, with ntice that it is a limited access area. 5

6 See page 3 abve, Grwing and Cultivatin, fr infrmatin n Twn zning requirements. Any marijuana establishment, including cultivatin r prcessing, wuld need t be lcated 500 frm a pre existing public r private schl (K 12). What are the health issues t be cnsidered? The Risks: Scientific studies have prvided strng evidence that marijuana is harmful t the develping brain, thus t the unbrn child, children and adlescents. The cnsequences include a decline in cgnitive functining, decline in mtivatin and academic achievement, and putting adlescent users at greater risk fr develping lng term psychtic illnesses, such as schizphrenia. Thus, the sale f marijuana edibles f unknwn cncentratins culd ptentially lead t harm t Lincln's children if readily accessible. The effects f inhaling its secndary smke r vaprs are unknwn; Experience in Clrad shws that accidental verdses, especially frm edibles, led t increased hspital emergency rm visits. Children are particularly vulnerable t verdsing n edibles; With legalizatin f recreatinal marijuana use cmes the changing perceptin that marijuana "is harmless." It sends a message t children that marijuana is a nrmal part f life and carries little risk; Marijuana use is addictive in abut 9% f users, which means stpping use will lead t withdrawal symptms. Als, Because Marijuana can impair shrt term memry, judgment and perceptin, it can cause prblems functining in schl r wrk in adults as well as adlescents; With legalizatin and regulatin cmes taxatin t thse undertaking a recreatinal marijuana enterprise f any kind. While regulated marijuana is prmted as safer in cntent than that which is sld n the black market, it is als inevitably mre expensive. Hence there is evidence that the black market remains un phased insfar as marijuana sales, and with thse sales cme a prduct that is nt regulated fr cntaining ther, ptentially dangerus substances, such as fentanyl; and The latest medical literature suggests that marijuana use may lead t increased piate use, althugh this issue is still debated by sme experts in the field. The Benefits: Sme cmpnents f marijuana are beneficial t peple, particularly children suffering frm seizure disrders and spastic muscular cnditins; There is als research t supprt claims that cmpnents f marijuana alleviate pain, insmnia, generalized anxiety, PTSD, and ther psychiatric cnditins. Hwever, large scale cntrlled scientific trials fr these cnditins have nt yet been cmpleted; There is sme indicatin that individuals wh use marijuana fr pain may use fewer piates, which are far mre dangerus; and 6

7 If there is a need fr medical marijuana, it is far better t purchase it in a legal establishment fr which labratries have verified the prprtins f its cnstituents (particularly CBD and THC) than t buy it illegally frm a surce whse rigins and cntent are uncertain. Having legal establishments is intended t make it less likely that peple will buy recreatinal marijuana frm the black market, which is likely t sell prducts with unknwn quantities f THC and ther substances that culd be dangerus i.e., marijuana laced with fentanyl. Are there recent studies n health utcmes frm legalizing the sale f recreatinal marijuana and n health effects f marijuana use in general? The fllwing three websites summarize the mst recent knwn health effects and the effects f legalizing marijuana: NAS: The Natinal Academy f Sciences, The Health Effects f Cannabis and Cannabinids: The Current State f Evidence and Recmmendatins fr Research, CDPHE Clrad Department f Public Health and Envirnment: Mnitring Health Cncerns Related t Marijuana in Clrad: health reprt NIDA, NIH: Natinal Institute f Drug Abuse, Natinal Institutes f Health: Marijuana. abuse/marijuana What are the Public Safety issues that need t be cnsidered? The fllwing is a list f public safety issues, nt unique t Lincln, assciated with the legalizatin f marijuana that may have implicatins fr Lincln plice and ambulance services if cmmercial establishments are permitted within the twn: Cnflict between State and Federal law: Althugh Federal agents may ignre peratins in states that have legalized recreatinal marijuana, it cannt be predicted whether Federal agents will r will nt act n this issue in Massachusetts; Increased access and use f marijuana amng underage yuth; Accidental verdses leading t increased respnse by Lincln Public Safety; Increased impaired driving due t marijuana cnsumptin, leading t increased number f plice respnses t accidents, althugh currently there are n reliable testing methds available t plice t detect active marijuana use and impairment; Burglaries f residences, retail businesses, and utside cultivatin facilities, as well as delivery drivers fr bth the large amunt f cash they have n site and fr the marijuana itself; and Increased traffic drawn frm ther twns if retail sales are readily available in Lincln but nt surrunding twns. 7

8 Benefits t the Twn f having marijuana establishments: The 3% sales tax is revenue fr the Twn; there is als revenue frm a Hst Cmmunity Agreement; Farmers in Lincln will prfit frm cultivatin f marijuana mre s than frm their usual crps; Sales in cmmercial establishments wuld indirectly bring in business t ther surrunding stres. Thus stres like Dnelan s wuld have mre shppers, assuming that a marijuana establishment attracts residents as well as peple frm ther twns; and The cnvenience f having this facility in their wn Twn is a benefit fr individuals wh get relief frm chrnic pain. What actins have the Twns in ur area taken? As f January 2018, 57 Massachusetts twns have enacted prhibitins n recreatinal marijuana establishments, including a number f Lincln's neighbrs: Bedfrd, Lexingtn, and Westn. The Twns f Cncrd, Sudbury and Actn will be vting n a ban n all recreatinal marijuana establishments in the next mnths. The Twn f Wayland is als taking up the matter later this year. V. What is the prbability f an applicatin fr a Lincln establishment It is impssible t predict the market s appetite fr lcating marijuana related businesses in Lincln. On the ne hand, we have a very small retail district, a small ppulatin base, and essentially n warehuse type facilities that are mst cnducive t year rund grwing. On the ther hand, we are gegraphically lcated near majr highways and larger ppulatin centers, hst an MBTA cmmuter rail statin, and ur farmers may cnsider the grwing f Craft Marijuana. We shuld als cnsider that as neighbring twns seem inclined tward a ttal ban f all types f recreatinal marijuana establishments, there will likely be increased market interest, shuld Lincln elect nt t enact a ban. 8

9 VI. Decisin Timeline What is the significance f the Marijuana Mratrium that was apprved by Twn Meeting in March f 2017? The Marijuana Mratrium Zning Bylaw apprved by Twn Meeting n March 25, 2017, will expire n Nvember 30, While the Mratrium is in place, the Twn s zning precludes the Cannabis Cntrl Cmmissin frm issuing a license t any applicant fr any recreatinal marijuana establishment lcated within Lincln. What are the key milestnes and Twn vtes that are likely t ccur, and when? Assuming that June 9 th STM Agenda is bked and unavailable fr marijuana: Date Mid Octber April 25th September Late September Mid Octber Mid late Octber Octber Nvember Nvember 30 th Actin 1 st Public Frum 2 nd Public Frum Submit Reprt t BOS Special Twn Meeting Special Electin Submit Bylaw/s t Attrney General Attrney General Apprval Mratrium Expires VII. Public Engagement What is the Cmmittee s plan fr public educatin and engagement? Our Cmmittee is cmmitted t cnducting its business in an pen and participatry manner. Tward this end, the public is welcme t jin us fr ur regular meetings, the schedule fr which has been psted t the Twn s website. A dedicated Marijuana Study Cmmittee Page has been established n the Twn s website: ( Study Cmmittee) where agendas, minutes, and key reference materials are being psted. We intend t use The Squirrel, Lincln Talk, and The Jurnal t help publicize ur activities. In additin, we will be hsting a Public Frum Wednesday evening, April 25 th, at 7:00 p.m. at Twn Offices in rder t share what we have learned and t receive feedback and input frm the public and frm ther public fficials. 9