Tuesday, December 31, 2013

Medical Marijuana Moratorium - What Happened and What`s Next

The City Council met last night (12/30/13) to, among other things, give final consideration to a proposed 6 month zoning moratorium on any activity related to the cultivation or dispensing of medical marijuana in Amesbury.  The moratorium failed on a technicality--state zoning law requires that any zoning measure must be heard in a public hearing by the local Planning Board.  The PB had been unable to hear this measure yet.  The meeting was scheduled as a joint meeting with the Planning Board, but the PB failed last night to raise a quorum, so they could not lawfully meet. Without a PB hearing on the measure, the Council could not legally vote on it and today marks the last day of this Council`s session, effectively ending any chance for the moratorium to be voted on.

Nonetheless, the evening was tremendously informative; it was a shame that it was not televised.  Both ATG and Greenheart - the two not-for-profit corporations applying for state licenses to cutlivate MM in Amesbury - were there to make presentations and answer questions.  There were about 40 members of the public there last night, a good crowd for a Council meeting, and 99% of them stuck it out until the meeting ended at 10:30 p.m.  The Council and members of the public asked excellent questions and the providers, to my mind, gave thorough and satisfying answers.  Though the Council could not formally vote on the measure, a public hearing by the Council was nonetheless held and quite a few members of the public stood up to speak on the moratorium.

I would estimate that the distribution of for/against a moratorium was about the same as the percent of Amesbury residents who supported medical marijuana in the first place.  2/3 of the public speakers and a majority of the Councilors were against the moratorium (and thus were for paving the way for these businesses to operate in Amesbury, should they receive state licenses) and 1/3 spoke in favor of the moratorium.  The public comments all around were thoughtful.  If the measure had come to a vote, it would have failed (as a zoning measure, it required a 2/3 vote in favor to pass).  I joined the good number of people who spoke against the moratorium.

What is next?  The MA Dept. of Public Health is scheduled to issue licenses at the end of January, 2014.  If neither ATG nor Greenheart are given licenses, then this question is moot in Amesbury....for now.  If one or both receive a license, then they have 180 days to open shop, start growing, and start dispensing MM products.  Along with several other Councilors, I will be introducing a Medical Marijuana Zoning Overlay District bylaw this coming Friday, the day after we are all sworn in.  This measure will give the community the framework that it has needed to fully review and discuss the relevant issues.  It will allow us to look ahead and tackle what I believe is of most concern to residents of Amesbury, the prospect of having a MM dispensary in Amesbury - but no entity has applied for a license to do dispense in town at this time. Councilor McClure has already re-introduced the 6 month moratorium as a "late file" for our first official Council meeting on 1/2/14, the night we are sworn in.