By Dolores Sauca Lorusso

Voters at the May 6 annual town meeting will once again consider regulations on the sale of marijuana in Hull, but the changes proposed in Articles 32A and 32B are intended to clarify past town meeting votes on the same issue.

“Town meeting can get messy sometimes,” Town Planner Chris DiIorio said at the planning board’s April 10 public hearing, adding that language needed to be cleaned up in the marijuana bylaw approved at special town meeting on August 31, 2023.

DiIorio explained when town officials looked at the bylaw more closely with legal counsel, they found the bylaw approved more than just retail marijuana establishments; it also removed some key details like buffer zones around children’s establishments; limiting retail to two businesses; and that no two retail marijuana establishments could be within 2,500 feet of one another.

As part of reviewing the town’s marijuana regulations, the town hired outside counsel (KP Law) to clarify what was adopted at the 2018 town meeting related to banning the sale of recreational marijuana in Hull and make recommendations for bylaw amendments to clear up confusion.

At the planning board public hearing, member Harry Hibbard said he was concerned voters will think a vote on retail marijuana is back on the table, when voters at special town meeting in August supported allowing the sale of recreational marijuana by a majority of 283 to 60.

He said people need to understand recreational marijuana is “approved and done,” and a vote against the marijuana zoning bylaw amendment and the general bylaw amendment next month does not change the approval of retail marijuana sales in Hull.

“We’re not changing what was passed (earlier),” Town Manager Jennifer Constable has said when the town meeting articles were discussed by various boards.

Click here to read the full text of the May 6 town meeting warrant

Town officials and legal counsel reviewed the tapes from the 2018 meetings to clarify the wording of the votes. It was identified that the moderator solicited a vote on the amendment to the motion, but didn’t go back for a vote on the original motion.

Constable has previously said the town “has been spending extensive time reviewing the bylaw and speaking with outside counsel to ensure it is effecting what we intended it to do and to move forward.”

Based on these reviews, 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.

“There was no ban posted in the bylaws prior to the initial town meeting … we told them [town officials and legal counsel], and they ignored us,” said Ellen Kasper, outreach coordinator for Alternative Compassion Services, which operates the town’s only medical marijuana dispensary on George Washington Boulevard.

“Legal counsel reviewed our petition in advance both times. We never heard back with changes,” said ACS President Stephen Werther. “We did not do anything but use the language on the town’s website.”

“The town messed up at a serious level two times,” Hibbard said. “At the eleventh hour, [town counsel] James Lampke said [the petition] can’t go forward…[a] tortured path all the way; I call this passive aggressive resistance.”

“It is confusing … not clear even sitting here in deliberations,” said planning board member Steve White. “We need to find ways to clarify at town meeting.”

Planning board Chair Meghan Reilly said if the new amendments pass, they “supersede” the bylaw at 2023 special town meeting, so that cultivators and testing labs will once again be prohibited.

In a vote of 5 to 1, the planning board voted to recommend marijuana bylaws in Articles 32A and 32B, and will announce its decision on the town meeting floor because the warrant has already been printed and mailed to voters. Member Jim Pitrolo was not in attendance at the hearing.

Nathan Peyton, who voted against the recommendation to town meeting, pointed out that over time, residents’ attitudes have changed toward recreational marijuana and have been “evolving for some time.”

“There is a growing acceptance in town…not sure this accurately reflects people’s thinking of what they want now,” he said.

According to Werther, the Attorney General certified the special town meeting vote on December 18, 2023, and they “continue to wait for review of the HCA [Host Community Agreement] application ACS submitted to the select board on November 10, 2023.”

A license for adult use retail sales requires a new HCA, a special permit and site plan review by the planning board, and a license from the select board. It also requires a determination that the applicant hasn’t negatively impacted the town in any way.

“We have been at the location two years and are good, quiet neighbors…we are active in the community supporting vets, senior programs, and the Anchor, even though we do not live in Hull,” said Werther.

At select board meetings held over the past few months, since the retail vote at special town meeting, select board member Irwin Nesoff has said “it is time to begin moving forward with this…whether we get 1 or 3 or 20 businesses interested in a possible HCA with the town doesn’t affect the application process.”

The town can negotiate two recreational marijuana agreements. At the select board meeting on April 17, Constable said the request for applications for adult use will be on the agenda for the May 1 select board meeting.

Nesoff replied he is “concerned because the board did vote to post a request for applications on or about April 1, and May 1 is no longer ‘on or about.’”

While ACS advocated for the warrant article at the special town meeting, any business can now apply for a recreational marijuana license with the town.

Another Hull business, Skarr Inc., owned by Mambo’s restaurant’s Anthony Ghosn, has already submitted an application. Constable confirmed ACS and Skarr Inc. will not need to resubmit when the RFA is posted.

“The big benefit to the town from recreational marijuana sales is that the host community receives three percent of the 20% sales tax on recreational marijuana sales,” Werther said. “We have lost a whole year of revenue as a company and the town lost a year of revenue from the 3% sales tax.”

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