AMHERST — Voters in Amherst gave tremendous support to legalizing marijuana two years ago, but without a process in place for town officials to consider potential applicants, it’s unclear how soon retail sales might begin in town.
The Select Board Monday began what is expected to be a lengthy discussion on establishing a way to review those companies interested in running adult-use marijuana businesses, including retail stores and cultivators.
Select Board member Constance Kruger said she is worried that without soon establishing a policy and path for applicants to navigate, Amherst is creating a mini moratorium in what is an otherwise open-door policy for legalized marijuana.
The challenge, Kruger said, is differentiating proposals and identifying qualitative criteria, and at the same time making sure there is a level playing field for companies that have not already pursued medical marijuana facilities in town.
RISE Amherst, the lone medical marijuana site in Amherst, is poised to begin selling recreational marijuana from 169 Meadow St. Three other companies are working their way through the process of establishing medical marijuana sites, which included getting a letter of non-opposition from the Select Board, a special permit from Zoning Board of Appeals and signing a host community agreement that outlines the financial benefits to the town.
Tom Reidy, an attorney with Bacon, Wilson LLC of Amherst who represents RISE, said the company wants timely action from Amherst officials so it can have predictability in beginning adult-use sales.
“Really, what we’re looking for is the most certainty we can get from the town in laying out the rules,” Reidy said.
Economic Development Director Geoff Kravitz said one potential quick fix would be to allow medical marijuana dispensaries to serve as the recreational market while a local licensing process is implemented.
“Without some sort of process, we felt it would create a race that could potentially be a race to the bottom,” Kravitz said.
Kravitz said staff is not sure if Town Manager Paul Bockelman should negotiate and then sign host community agreements with companies, as there is no process in place to evaluate if they have good track records and solid business plans.
Bringing what he calls a rational approach to the topic, Bockelman said he won’t sign host community agreements until he gets more direction from the Select Board.
Bockelman said the industry is seeking guidance from the Select Board.
“There are people eager to open facilities in the town of Amherst, hoping to have discussions with you about how we are proceeding,” Bockelman said.
Select Board member Alisa Brewer said the vote in Amherst, with nearly three-quarters in favor, indicated that there is widespread support for decriminalizing marijuana, but not necessarily having it available in every corner of the town.
Brewer said her underlying concern is having some form of local licensing that would be similar to ways in which the Select Board handles alcohol and the Board of Health oversees tobacco.
Select Board Chairman Douglas Slaughter said he is leaning toward creating a policy for licensing that would be built upon by the new town council, which will be seated later this year.
Frank Perullo, CEO of the Novus Group and a consultant for Herbology Group Inc., also advocated for the Select Board to set a clear process. He told the board that Herbology continues to seek a letter of non-opposition for a medical marijuana facility at 422 Amity St., the site of Rafter’s restaurant, and that Herbology wants to enter into a host community agreement to sell a variety of products.
“We will not do either/or — our preference is to do both,” Perullo said.
Scott Merzbach can be reached at smerzbach@gazettenet.com.
