Town hires outside counsel to untangle confusion on retail marijuana regulations
By Carol Britton Meyer
As part of reviewing the town’s marijuana regulations, the town hired outside counsel to clarify what was adopted at the 2018 town meeting related to banning the sale of recreational marijuana in Hull and related issues and to recommend bylaw amendments to clear up any confusion.
“There are some questions as to what is actually on record with the town,” Town Manager Jennifer Constable explained at this week’s select board meeting. “Town Counsel James Lampke worked with [outside counsel] to clean up the language in the existing bylaws.”
Since the 2018 town meeting, voters at subsequent town meetings have given the sale of medical marijuana a green light and also the sale of recreational marijuana on an affirmative town meeting vote at the August 31, 2023 special town meeting, subject to the granting of a special permit.
Attorney Nicole Costanzo of KP Law presented virtually to the board a Hull cannabis bylaw update and proposed bylaw amendments that will be considered at the May 6 annual town meeting.
“We need to go back and determine what the intent of the town was in 2018 and what was amended in 2023, with guidance from the Attorney General’s office,” Constable said.
Correcting past mistakes
Mistakes were made that need to be corrected for the town’s protection, which is why the town hired Costanzo, Chair Greg Grey explained.
If the amendments pass, “that vote will supersede all prior votes,” according to Costanzo.
Constable noted that the language currently included in the warrant article could be amended on the floor of town meeting.
“We’re not changing what was passed [earlier],” she said.
The recommended amendments would add language that was included on the 2018 warrant to regulate marijuana establishments, allowing the sale of both medical and recreational marijuana but prohibiting marijuana cultivators, craft marijuana cooperatives, marijuana product manufacturers, independent testing laboratories, or any other type of licensed marijuana-related businesses.
The licensing process is a long one, requiring state AG approval of changes to the town’s bylaws approved by voters, crafting a Host Community Agreement between the businesses applying for the right to sell recreational marijuana and the town, and reviewing new Massachusetts Cannabis Control Commission procedures to ensure compliance, among other considerations.
The town is now in the process of accepting applications from potential recreational marijuana retailers, with a maximum of two permits allowed.
While the Alternative Compassion Services medical marijuana facility on George Washington Boulevard advocated for the warrant article at the special town meeting, any business could now apply for a recreational marijuana license with the town.
The proposed amendment is posted on the town website. Go to “boards and commissions” click on “select board,” and go to the top left link to access the March 20 packet that contains this information.
The select board referred the matter to the planning board for a public hearing prior to town meeting.
In other business at the meeting…
Constable reported that a discussion between the select board and school committee about the memorandum of agreement for use of the Memorial School building once it is vacated is planned for next Monday, March 25, in the morning.
The town is also working with the MBTA and Rep. Joan Meschino for repairs to be made to the Pemberton Pier “to get us through the upcoming season,” Constable said.
The board met in executive session prior to the meeting to consider the purchase, exchange, lease, or value of real property along Beach Avenue around 169 Beach Ave. and 33 Malta St. and to discuss strategy with respect to the wrongful termination suit by former schools Superintendent Michael Devine.
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