Easthampton Woman Plans 'Cannabis Cafe' As Massachusetts Marijuana Rules Take Shape

Ron Strider

Well-Known Member
A recent business school graduate who hopes to open a "cannabis café" says she plans to operate in full compliance with state and local laws -- even though regulations around the recreational use of marijuana are still a work in progress.

"There will be uncertainties," said Karima Rizk. "But I'm moving forward. It's called 'early adopters syndrome,' and I'm fine with that."

Rizk, who earlier this year earned a master's degree from the Isenberg School of Management at the University of Massachusetts Amherst, plans a gathering spot called "Café Vert" where adults may consume marijuana products while relaxing in a coffee shop. If she succeeds, she would be among the first wave of such entrepreneurs in Massachusetts and the U.S.

Rizk said the cafe's Easthampton location has not yet been set, but that she's been in discussions with commercial property owners. "I'm not at liberty to talk about the location at this point," she said. "I hope to make an announcement soon."

For months, Rizk has been a familiar sight at Easthampton Planning Board meetings, where she has argued for onsite consumption language in the city's pending recreational marijuana zoning ordinance. The board last week wrapped up its proposed regulations, and language that could allow social consumption -- so long as it is compliant with state law -- was part of that package.

The discussion is far from over. The ordinance will be debated by a City Council subcommittee, aired at a public hearing, and finally require a two-thirds vote of the full City Council. The onsite consumption piece could be nixed or amended as the process unfolds.

While Rizk and others have advocated for local cannabis cafes, others -- including adult leaders of the Easthampton Healthy Youth Coalition, with its five-year federal grant to fight teen substance abuse -- have spoken against the idea.

The state's Cannabis Control Commission must issue its marijuana regulations by mid-March. While members of the separate Cannabis Advisory Board have recommended onsite consumption licenses, it is the five-member commission -- appointed by Gov. Charlie Baker, Attorney General Maura Healey and Treasurer Deb Goldberg -- that will have the final word.

The commission will start accepting retail applications April 1, and plans to issue its first state recreational marijuana licenses June 1. Easthampton officials have said they want their local zoning ordinance nailed down before that date.

Rizk said that with all the moving parts, she plans to "be flexible, take plenty of deep breaths, and understand that there will be growing pains."

In the meantime, she said there's nothing to stop her from opening a coffee shop. "It could be that I have to take things one step at a time."

Rizk said she plans a center that will allow safe on-site consumption -- including edibles, vaping and possible smoking -- while encouraging responsible use. "There will be a strong educational component," she said.

Rizk said she has conducted market research, consulted with lawyers, developed a business plan and is engaged in discussion with potential investors.

"I'm now a member of the Greater Easthampton Chamber of Commerce," she said. "I plan to be a responsible member of the local business community."

Petition drive

Massachusetts voters authorized medical marijuana in 2013, and in 2016 approved Question 4 to legalize its recreational use. The state Legislature subsequently rewrote the bill, and Baker signed "An Act to Ensure Safe Access to Marijuana" July 28.

The law authorized onsite consumption licenses, but did not require them. And the jury is out on how towns and cities would go about authorizing cannabis cafes.

The new law describes a ballot initiative process where at least 10 percent of local residents who voted in the last statewide election would need to sign a petition, then the question would be put to a citywide vote at the next biennial state election.

If that's the only way for cities and towns to authorize onsite consumption, it means that Cafe Vert could take months or years to get off the ground, if it flies at all.

One prominent pot advocate reads the law differently. Northampton lawyer Richard Evans, who led the statewide "Yes on Question 4" campaign, insists local elected officials may authorize onsite consumption without a ballot initiative.

"I construe (the law) as meaning that if the city council or select board are recalcitrant about allowing social consumption, then citizens, with ample signatures, can force a referendum," Evans wrote in an email. "But I see nothing in the law that prevents the council or select board from moving ahead with local bylaws allowing social consumption."

Evans said a ballot petition to allow social consumption may be launched by residents as an escape valve "if their local legislative body is unwilling to enact local bylaws allowing it."

If Evans is correct, Easthampton could allow cannabis coffee shops with a simple City Council vote. In reality, the nine-member council is unlikely to take advice from Evans, and is expected to seek a legal opinion from city solicitor John Fitz-Gibbon.

Evans, Rizk and City Planner Jessica Allan have all expressed hope that the Cannabis Control Commission will clarify the onsite consumption authorization process.

Rizk argued that cannabis cafes would reduce public consumption, saying it would be a "public nuisance" to have people smoking, for example, on the Manhan Rail Trail or in city parks. Smoking marijuana in public remains illegal.

Cannabis cafés would provide a safe, legal place for renters to imbibe, even if their landlords don't allow it, Rizk said. She named veterans, the disabled and medical marijuana patients among her potential customers.

She has said tourists who visit Easthampton for its live music and restaurants need a welcoming place to enjoy a little cannabis, instead of being forced to buy pot at a marijuana "package store" and smoke it in their car.

"What's more, many responsible parents may want to consume marijuana from time to time, but don't want to bring it into their home," she said.

Rizk told The Republican she supports strong air quality standards, careful security, clear packaging, a maximum daily dose, training for café employees to detect impairment and the development of impairment detection technology for use by police.

She said she's considering a model where members would pay a monthly fee, and agree to a set of rights and responsibilities. Visitors could pay a one-day fee. Members would be eligible for value-added services such as co-working space and yoga and painting classes.

"This is more than just an idea," she said. "It's a realistic vision for a viable business."

Medical marijuana is now legal in 29 states, and recreational cannabis is legal in eight states and Washington, D.C.

In California, it's legal to smoke medical cannabis wherever cigarette smoking is allowed, and the state plans to allow cannabis cafes with local approval in 2018. San Francisco already allows consumption in medical dispensaries.

In Colorado, onsite consumption has been authorized, and Denver plans to license cannabis social clubs. Maine's new law allows for onsite consumption in 2018. A few cannabis cafes in Oregon closed in 2015 when they ran afoul of the state's indoor air quality law. In several states, people imbibe in private clubs that are closed to the public.

As for Easthampton, Rizk noted that Hampden Care Facility will soon open its medical marijuana dispensary in the city's mixed-use mill district, and said the legal cannabis business will help boost economic development.

"There's a spirit of teamwork here, and I plan to give preference to local contractors and vendors," she said. "We're all pretty excited about being part of the city's growing creative economy."

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Full Article: Easthampton woman plans 'cannabis cafe' as Massachusetts marijuana rules take shape | masslive.com
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