Despite the impassioned pleas of petitioners, the Planning Board voted not to take a stance on the citizen petition seeking a ban of retail sale of marijuana. Approximately 15 residents attended the board’s April 1 hearing to plead their case, including petition author Bill Medeiros of Trail Ridge Way, and anti-marijuana organizer Theresa Hoggins of Ann Lees Road.
Regardless of the outcome of the town meeting vote on the proposed zoning bylaw change, Coil Brothers LLC would not be affected. Coil Brothers is a marijuana manufacturing company that has been granted Harvard’s only marijuana business permit. Coil Brothers has not yet filed its application with the state Cannabis Control Commission (CCC), though according to Planning Board Chair Erin McBee, it has until fall 2020 to receive approval from the CCC without needing to renegotiate a deal with Harvard.
Medeiros opened discussion on his petition by giving four arguments in favor of the ban. He argued that Ayer Road would be unable to support the out-of-town traffic a retail sale business would bring. He cited a Rochester Medical Center study indicating that marijuana reduces driving ability as evidence that impaired drivers would decrease traffic safety. He contended that the addition of a retail establishment would interfere with Harvard’s rustic reputation, thus damaging property values. He also argued the town has a moral imperative to not support a drug which harms its users, before repeating the fatherly wisdom, “If everyone else was jumping off a bridge, would you do so as well?” as a warning against blindly following the example of other towns.
Jim Breslauer of Poor Farm Road countered that all the amendment would accomplish would be to deny Harvard much-needed tax dollars by limiting an already small commercial base. He argued that any traffic issues caused by a Harvard dispensary will occur anyway as customers drive through town on their way to Central Ave. Compassionate Care, Inc. a retail marijuana establishment that will soon open in Ayer. He also stated that Harvard’s residents, including teens, have always been able to acquire marijuana despite the lack of a local store.
Reason to ban retail
According to Hoggins, the pro-marijuana message Harvard would send its children by allowing a retail establishment would be reason enough to ban it. Will Engler of Babbitt Lane contested the assertion that a retail shop would be a significant source of income, noting that due to the state’s 3 percent cap on the sales tax, Harvard would make just $9,000 on a store bringing in $300,000 annually. Note that the 3 percent sales tax exclusively on dispensaries is in addition to a 3 percent gross income tax on all marijuana businesses, bringing the town’s total tax yield to 6 percent (half of which would also be paid by a nonretail marijuana business). Additionally, while individual businesses vary widely in sales, informational materials prepared by the CCC and distributed to the Planning Board during the process of drafting the current bylaw estimated yearly gross income of a retail marijuana establishment at over $1 million.
Director of Community and Economic Development Christopher Ryan suggested additional updates to the wording of the bylaw if the petition passes, as the bylaw’s language pertaining to retail sale would no longer be needed with that use eliminated. The board voted to include this concern in its message to the Select Board.
After a discussion during which Planning Board member Fran Nickerson clarified the state of Coil Brothers LLC, and the fact that it is currently blocking the addition of a retail establishment, the Planning Board voted to neither support nor oppose the petition.
Residents will vote on this petition at the May 4, 2019, Annual Town Meeting. There will also be a petition to ban all marijuana businesses, though former proponents have withdrawn support for that measure.
