EASTHAMPTON — With the state set to begin accepting applications for licenses to sell cannabis on April 1, the City Council hashed out its own rules for pot purveyors Wednesday night.
“Overall, the city deserved to have some measure of local control in place before April 1,” Councilor James “JP” Kwiecinski said Thursday morning. “Without the ordinance we would have absolutely no local limits: from cultivation to retail sales to bring-your-own-cannabis membership clubs to home delivery and social consumption.”
Following seven months of public hearings, the council passed a recreational cannabis zoning ordinance 7-1, with one abstention, in a special meeting Wednesday night. Councilor Daniel Rist said the council read all of the emails and commentary the public sent and that their comments were taken into consideration.
At-large Councilor Daniel Carey voted no and Rist abstained. Both said the deciding factor in their votes was the failure of an amendment proposed by Kwiecinski to create a 500-foot buffer between schools and cannabis businesses.
The ordinance caps the number of retail licenses in the city at six and requires 200 feet between cannabis retailers, except in the mill industrial zone. Retailers will be able to operate from 10 a.m. to 11 p.m. Industrial hemp manufacturing, as allowed by state agricultural regulations, will be allowed, but growing and selling cannabis from residential buildings will not be allowed.
The council also voted not to allow onsite consumption of cannabis at retailers, unless allowed by state law for membership clubs such as cannabis cafes.
Kwiecinski said he strongly supported education experts and parents of students who asked for the state-recommended 500-foot buffer, but that amendment failed, as well as a second proposal of 400 feet. The council eventually settled on a 350-foot buffer. The original proposal was for a 200-foot buffer.
During the back-and-forth on the question of buffers, Ordinance Subcommittee Chairman Salem Derby asked what harm could come from cannabis establishments that must abide by visual impact, signage, security, odor, and nuisance conditions, as established by the ordinance. Derby compared it with tobacco and alcohol retailers who are not restricted from advertising.
Rist said he was putting all his cards on the table when it came to the buffer and said he had to respect the concerns and wishes of schools and parents.
“I cannot support this ordinance at its level of 350 feet. I will vote against the entire ordinance if we don’t increase the buffer,” Rist said at the meeting. “I can’t.”
Carey said he supported the 500-foot buffer because that’s the number suggested by the state Cannabis Control Commission, and he didn’t see a compelling enough reason to lower that number.
“It’s here, it’s legal. I’m glad we’ve got the 2 percent tax on it and I’m glad businesses are coming to Easthampton,” Carey said. “But adolescent accessibility and public safety are the two issues closest to my heart.”
Kwiecinski also proposed three other measures that were adopted: requiring the building inspector to have annual inspections of cannabis establishments; assuring that cannabis establishments operate from a fixed location; and assuring that the city be notified within 24 hours anytime a cannabis establishment is cited for any violation by a state agency.
Going forward, Kwiecinski said he will advocate for the city to consider protective measures in case a cannabis establishment and the city are sued for claims involving the marijuana business.
An amendment that did not move forward at Wednesday’s meeting was a proposal for a 500-foot buffer between cannabis cultivation facilities. The amendment was proposed by Stephen Reilly Jr., a lawyer for the INSA medical marijuana dispensary on Pleasant Street. Reilly said the buffer would protect cultivation operations from spores, mold or pesticides that might travel from another cultivation facility through building ventilation systems if they were placed too close together.
However, Reilly said Thursday that INSA will continue to work with the subcommittee on such a buffer and other zoning considerations, and said Easthampton should be commended for being proactive in creating an ordinance.
“I think the Easthampton City Council has done a great job taking a lead in even developing an ordinance,” Reilly said. “Not a lot of communities have that foresight.”
Police Chief Robert Alberti said Thursday he was glad of the vote so the city can move forward and begin planning, and said he appreciated the amount of work and effort the City Council and Planning Department put into creating the ordinance.
However, he said, the police department still has significant concerns about public safety, including the large amount of cash on hand at cannabis businesses and how to address impaired driving.
“It’s reasonable, but we’re going to move forward cautiously,” Alberti said. “We’re in the business of public safety and that’s our priority.”
Mayor Nicole LaChapelle said the process behind the ordinance was a great example of community government and said she admired the council for delving into the numbers to figure out the best solution both for stakeholders and for the stewardship of the community.
“I have to give huge kudos to the City Council for their process and deep public consideration,” she said Thursday. “All concerns were heard and considered.”
Sales of legal, adult-use cannabis are scheduled to begin July 1 at licensed retailers.
M.J. Tidwell can be reached at mjtidwell@gazettenet.com.