BOS to rule on marijuana host community agreement

February 15, 2018

The Board of Selectmen is drafting a marijuana host community agreement that will further restrict the activities of marijuana establishments within the town.

As towns all over the state prepare for the July 1 date when the sale of recreational marijuana will become legal, town boards are drafting host community agreements, which act as an additional layer of restriction on top of the statewide requirements and the regulations enacted by towns. The Massachusetts Cannabis Control Commision requires such agreements to be in place before issuing licences. While bylaws drafted by town boards are voted on at town meetings, host community agreements are made directly by the boards of selectmen and do not require public approval. In comparison to regular bylaws, these agreements have more flexibility in what they may restrict. Additionally, they allow the leveraging of an “impact fee” of up to 3 percent of the gross revenue of the marijuana establishments. These agreements can have a duration of up to five years, after which time they must be renegotiated.

In other towns throughout the state, certain provisions are common across multiple agreements, the most common being the requirement of an impact fee. Some towns, such as Plainfield, require a flat payment, while others, such as Salisbury, require the state limit of 3 percent. In addition to the 3 percent impact fee paid to the town, host community agreements may require establishments to pay some amount to charity. Another common provision is the requirement that the marijuana establishment make an effort to support the local economy by hiring residents and partnering with local businesses where possible. These agreements may also require marijuana establishments to work cooperatively with local police by attending regular security meetings and following police guidance about security measures.

Edible products

One common provision of specific interest to Harvard concerns edible products infused with marijuana. As the Planning Board drafted marijuana bylaws, members wished to ban the sale of such products but were unable to do so, as it was outside the scope of the zoning bylaws. The primary factor behind concerns about edible products is their appeal to children. This can be seen in the Salisbury agreement, which specifically bans edible products that appear similar to candy. At their Feb. 5 meeting, Planning Board members resolved to advise the Board of Selectmen to ban edible products as part of the host community agreement they would draft.

Because these agreements do not require the approval of a town meeting or town election, there is less room for town residents to express their opinions. Residents wishing to weigh in on the matter should make their opinions known to members of the Board of Selectmen.

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