MA: Legal Dispute Kills Potential Dispensary In Danvers

Katelyn Baker

Well-Known Member
Danvers – A business dispute over the sale of a building in the Danvers Industrial Park has killed what would have been the town's first medical marijuana dispensary.

Alternative Therapies, which opened the first such dispensary in the state in Salem in June 2015, was expected to open one in Danvers at 2 Electronics Ave., which is located in the industrial park off Route 1. An unnamed third party planned to buy the building and lease space to the clinic. The town OK'd the dispensary in March.

But the real estate firm that owns the building had also been negotiating with another buyer, St. John's Holdings of Wakefield, who also wanted to lease the space for a clinic, but to a different marijuana company.

"Both had tenants ready to go," said Concord attorney Kevin Smith, who represents the building's owner, Two Electronics LLC.

After weeks of back-and-forth negotiations, including meetings, emails and text messages, St. John's made an offer of $3.2 million, though the seller had issues with some of the terms, according to court documents.

At the 11th hour, the owner accepted an offer of just over $3 million from the buyer who wanted to lease to Alternative Therapies.

St. John's went to Land Court to stop the sale. After a judge ruled against them this fall, St. John's appealed.

As the legal case dragged on, Alternative Therapies decided to go elsewhere, Smith said, and that buyer decided not to purchase the building.

Smith said it is his opinion a medical marijuana dispensary will eventually locate in the building. There is nothing in the works now, however.

Town Manager Steve Bartha said yet another group has expressed interest in bringing a dispensary to town, but he did not say where. There is uncertainty, however, with the coming of recreational pot use, which was legalized through a statewide ballot question in the Nov. 8 election.

"We are actively trying to weigh our options," Bartha said, as the town works with town counsel on the issue and what the implication for medical dispensaries might be.

The regulations governing recreational facilities have yet to be written by a cannabis control commission. However, the new law states that regulations shall not "prohibit a medical marijuana treatment center and an experienced marijuana establishment operator from operating a medical marijuana treatment center and a marijuana establishment at a shared location."

Another section of the law states that if the cannabis control commission fails to adopt regulations on or before Jan. 1, 2018, medical marijuana treatment centers can begin to cultivate, process, manufacture, package, and sell marijuana to people who are at least 21 years old until the commission adopts regulations and begins to issue licenses for such establishments.

"We don't have the guidance from the state where local control starts and stops," Bartha said.

Danvers voted no on Question 4, the legalization of marijuana for recreational use in Massachusetts, during the presidential election Nov. 8.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Legal Dispute Kills Potential Dispensary In Danvers
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Photo Credit: Sam Goresh
Website: The Salem News
 
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