Medical Marijuana Applicant To Ask Sturbridge To Reinstate 'Non-Opposition'

Katelyn Baker

Well-Known Member
Sturbridge - Although the selectmen will speak with representatives of a proposed medical marijuana dispensary Monday about the board's recent change of heart on the proposal, that doesn't mean they are going to change their vote.

In a 3-2 vote Jan. 18, the Board of Selectmen authorized the town administrator to prepare a "letter of non-opposition" to accompany Heal Inc.'s application to the state Department of Public Health seeking a license to operate a registered medical marijuana dispensary at the Sturbridge Business Park, 690 Main St., on the west side of Route 20. Selectmen Mary B. Dowling and Craig A. Moran voted against.

However, on June 20, state Sen. Anne M. Gobi, D-Spencer, and state Rep. Todd M. Smola, R-Warren, spoke of a worst-case scenario if the "Regulation and Taxation of Marijuana Act" passes in the state. That prompted selectmen, in a 3-1 vote (that was not listed as an agenda item), to rescind the letter of non-opposition.

Selectman Priscilla C. Gimas, who had voted in favor of the letter in January, voted along with Ms. Dowling and Mr. Moran in June to rescind it.

This week, Mr. Moran said he does not plan to change his vote.

"When Heal Inc. came in on the first time, I couldn't get enough information on what the bottom line was that they were after," Mr. Moran said. "And they didn't have any information on who owns the property, and they didn't have any information on who they are going to rent from. They had nothing. All they are doing is throwing a dart against the wall and saying, 'Yep, that's where I want to go, right there.' "
Ms. Gimas wants a guarantee in writing of Heal Inc.'s intentions.

"If they're going to stay with medical marijuana and they give a guarantee, meaning, in writing that they will not go to retail, regardless of the outcome of the law, I might consider supporting it. If they can't do that, then I won't," Ms. Gimas said. "It's going to take a few years for this law, once it passes, to have all the kinks pulled out. I want no less than seven years guarantee that they will not — and there is no loopholes — not if, this, that or the other, that they will not under any condition do retail and not even under the guise of medical."

Both Ms. Gimas and Mr. Moran said they are not against the medical component of marijuana but they share major concerns about keeping the nonprofit dispensary from becoming for-profit.

"If you got a medical marijuana dispensary, you're all set if it turns to for-hire or for-profit. You can just put it right in there and you don't have to check with anybody," Mr. Moran said. "It doesn't make any difference to me what Heal says, because of the fact that it's what the state government is going to do. My understanding is, if you do vote for the medical, there's nothing here they can't get in."

"I know we say it's allowed in this district and this kind of stuff and I get all that. But, you've always got to know what you're putting in that district. Because at the time they allowed the medical marijuana in the district, there's nothing that states anything about the retail operation because it wasn't even a question to be discussed. And now it is," Ms. Gimas said. "You can say it's just a letter of non-opposition and it means nothing. Some fancy lawyer is going to turn those words and they're going to bite you in the end."

Mr. Moran said he can't imagine the amount of damage, deaths and injuries that would come if the bill passes.
"It looks like if this law passes, the Commonwealth of Massachusetts has seven months to come up with laws, regulations, a medical marijuana commission or a marijuana handling commission, whatever you want to call this, on how to deal with this stuff," Mr. Moran said. "But if they don't come up with the laws in seven months, it's automatic. It's just done and that's the end of it and go plant your plants in the backyard."

Ms. Dowling said she wants town counsel's opinion on whether a letter of non-opposition is mandatory or a matter of discretion under the existing law. She could not be reached for comment.

"As a matter of policy, I believe the letter in essence means that the board does not oppose the facility on any grounds," Ms. Dowling said this week. "As such, I believe such a letter is premature unless and until the proponent proves that it is consistent with all aspects of our bylaws, which can't be determined until the regulatory process takes place, including public hearings addressing safety and other matters."

Board Chairman Mary Blanchard voted against rescinding the letter of non-opposition because the letter didn't say selectmen support the medical marijuana dispensary, just that use is allowed in that zone. This week, she said she stands by her vote.

For the rescinding of the letter to be reconsidered, one of the three selectmen who voted for it - Ms. Dowling, Ms. Gimas and Mr. Moran - must make a motion to do so.

Attorney Katherine Braucher Adams said her client, Heal Inc., plans to ask the Sturbridge Board of Selectmen to reinstate its Jan. 19 letter of non-opposition at its Monday meeting.

"We welcome the opportunity to address any concerns about Heal Inc.'s proposed dispensary operations in Sturbridge at that time," Ms. Adams said. "Heal Inc. hopes to have the opportunity to serve patients in the Sturbridge community who can be helped by medical marijuana."

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Full Article: Medical Marijuana Applicant To Ask Sturbridge To Reinstate 'Non-Opposition'
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