Recreational Marijuana Moratorium For One Year

Ron Strider

Well-Known Member
No recreational pot shops will be allowed in Ipswich until the planning board has figured out how they will be regulated and zoned. The moratorium lasts for a year, and a zoning proposal is likely at 2018's annual town meeting.

The moratorium was recommended until state rules are in place and ambiguities in the law are sorted out, said Selectman Nishan Mootafian.

Introducing the warrant article, he urged voters to approve the temporary ban.

Josh Gerloff stood to oppose the moratorium. "The spirit of it seems kind of cruel. There's already an unregulated black market," he said.

He said the town would be doing a service to pot users by allowing safer products.

"Cannabis is a wonderful plant," Gerloff said, extolling the seeds for having protein and omega-3 and omega-6.

He said CBDs in the plant "cure cancer" and cannabis oil is used for the treatment of seizures.

"We have an opportunity to offer safer methods of dosing" other than smoking, Gerloff said.

Glenn Henderson noted two medical marijuana dispensaries have already been approved in town.

He wanted to amend the motion to turn it into a permanent moratorium on pot shops.

"I know plenty of recreational marijuana users that have a medical marijuana card," Henderson said.

"It's very easy for them to get. They go in [to doctors] with their phony migraine or anxiety," he said.

However, one Central Street resident disagreed and said he had to "jump through severe hoops" to get a marijuana certificate from his doctor.

On the complete moratorium, Town Counsel George Hall said one was put in place when medical marijuana was first legalized.

The medical cannabis law prevents outright bans on medical marijuana facilities, and Hall said he doubted the attorney general would allow a second moratorium.

Ben Fierro, an attorney and member of the zoning board of appeals (ZBA), strongly supported the moratorium.

All it does is give some time for the town to plan for marijuana stores, he said.

Even then, communities' ability to regulate the stores will be "extremely limited," Fierro said.

If there are no regulations in place by July 1, 2018, they can automatically start selling marijuana on the date, he added.

"We're aware of that, we addressed that," replied Jim McCambridge, a retired attorney and member of the planning board.

One facility has waived the right to sell for recreational use, and the other has agreed to come back to the board if it wants to start, he said.

Planning board Chair Heidi Paek said the board draws up proposed zoning bylaws in public. There are then three public hearings in the four months leading up to town meeting.

A May 2018 town meeting means those hearings would be held in January, February, and March, Paek said.

"I support the moratorium, so we have time to do that carefully," she said.

Carla Villa agreed that marijuana is available on the black market and said safe and legal pot should be available.

"This isn't the pot of the 60s," she said. "The longer we let the black market flourish, the more potential for harm there is," she added.

In addition to regulation, it also represents a new industry and tax base for the town, Villa argued.

As a zoning amendment, it required a two-thirds vote. Moderator Tom Murphy declared it passed after a show of hands.

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