When Town Administrator Tim Bragan received an email from Neil Phelan, a Massachusetts resident expressing interest in growing marijuana in Harvard, it was a wake-up call to both the Board of Selectmen and the Planning Board. So far, the state is on track to allow retail sales, manufacture, and cultivation of recreational marijuana on July 1, 2018, and towns across the state are scrambling to figure out what might need to be done in advance of that date. Harvard is no exception.
Bragan brought up the letter from Phelan, who currently owns no property in Harvard, at the July 11 selectmen’s meeting. At the next meeting on Aug. 1, Bragan informed the board that Town Counsel Mark Lanza had looked into the Massachusetts Right to Farm regulations and said marijuana is not covered by those regulations because it is a controlled substance. Bragan told the Press that it was unclear exactly what Phelan was looking for from the town other than to “discuss this opportunity and any requirements” with town officials. So far, the town has defined local zoning regulations only for medical marijuana.
That will likely change, but at an Aug. 7 Planning Board meeting, members expressed confusion over whether they needed to wait for state regulations to be in place before crafting a local zoning bylaw specifying where marijuana businesses may be located in Harvard. Governor Charlie Baker signed the recreational marijuana bill into law on July 28. The next step is for various state officials to make five appointments to the Cannabis Control Commission and 25 appointments to its advisory board by Sept. 1. Once all appointments are made, the commission will write the rules and regulations governing the many facets of the new industry, such as packaging, labeling, potency, advertising, health and safety standards, and transportation. The regulations are targeted for completion on Mar. 15, 2018.
‘Sooner rather than later’
The 260 Massachusetts towns that voted “yes” on last year’s ballot question to legalize recreational marijuana in the state, including Harvard and all of its neighbors except Lancaster, cannot ban marijuana sales without a voter referendum. But some Harvard selectmen voiced concern at their Aug. 1 meeting that the Planning Board should have marijuana zoning bylaws ready for a vote at next year’s Annual Town Meeting. At the Aug. 7 Planning Board meeting, members grappled with the complexities of the issue, such as outdoor and indoor cultivation, manufacture of edibles, and even farmstand sales of locally grown marijuana.
The Planning Board is also concerned about the state’s April 1 date to begin accepting license applications, and Chairwoman Erin McBee plans to research whether the town’s marijuana bylaws should be in place before that date. Town Planner Bill Scanlan told the Planning Board, “It would be better to work on this sooner rather than later.”
Some regulations for towns are included in the state law, such as banning retail shops near school zones. Section 27 of the bill also specifies that anyone seeking to operate a “marijuana establishment” in a town that permits it must “execute an agreement with the host community” specifying the responsibilities of both the community and the marijuana establishment.
The town will also have an opportunity to vote on a local marijuana retail sales tax, which can be up to 3 percent. Bragan said that vote will likely come up at next year’s Annual Town Meeting. In addition, an “impact tax” of up to 3 percent may be included in a host community agreement to cover any town costs incurred by a local marijuana establishment. The costs must be documented and made available as public record, and the impact tax has a limit of five years.
