The Zoning and Planning Committee of the City Council will hold a public hearing on a proposed temporary moratorium on recreational marijuana establishments in Newton on Monday, Feb. 12, at 7:00 p.m. in Room 205.
If the City Council passes the temporary moratorium through the end of 2018, Newton would join the approximately 90 other Massachusetts communities which have enacted similar measures.
Oh, for crying out loud.
When voters pass a legally binding ballot initiative, they have every right to expect their elected officials will implement that vote in a timely fashion. This is not just about cannabis. It’s about democracy and respect for the voters.
Not only did the measure pass statewide but it received overwhelming support from Newton voters as well. Any effort by the City Council to keep Newton residents from legally buying cannabis within city borders after 7/1/18 will be shameful, and will guarantee challengers in 2019. The message of the 2017 Newton election was that if you don’t like the makeup of the Council, change the councilors, not the formulation of the Council. To my mind this could become example #1 if the Council defies the will of the voters.
Mike Striar predicted that the committee studying the implementation of the marijuana law, overwhelmingly approved by Newton voters, would suggest a moratorium. I hoped he would be wrong.
Scrap the moratorium and regulate marijuana the same as alcohol. Or should Newton get rid of alcohol too? Protecting people from themselves isn’t a job for the government. It didn’t work with alcohol and it won’t work for Cannabis.
Before everyone jumps to conclusions – let me try to explain. The Warren Administration was watching the progress of State standards for adult use marijuana as was every city and town last year. Finally, at the very end of December 2017, the Commonwealth produced draft regulations. which are now in the comment period. The draft regulations will be promulgated by the state March 15th and they will start receiving applications on April 1. That doesn’t leave very much time for cities and towns to get their local regulations in place. The Fuller Administration came to the Council in January with the proposal to put a moratorium in place as have the majority of cities and towns in the Commonwealth. The moratorium is meant to give us time to develop our own local rules for this complicated law (and regulations). This is not just about the sale but about growth, testing, and delivery of the product as well. I attended a workshop at the annual meeting of the Mass. Municipal Association last month. The workshop was in a very large room but was packed to overflowing. I would say that there were over 300 representatives from the 351 cities and towns in the room. Every city and town is trying to understand what the state’s rules mean. The speakers were from the AG’s office, the Cannabis Commission and KP Law. The presentations were informative and the questions flowed on and on and on and only stopped when we were forced out of the room for the next workshop which was waiting.
This article from WCVB appeared last June and shows a map of which cities and towns were doing what. Many towns put their moratoria in place last spring because they need town meeting to do such work. We in Newton were impacted by the election this fall. We were getting a new Mayor and we knew that many members of the City Council would change.
Here is a link to what the marijuana map looked like in June. This change in administration has an effect on the work getting done by staff.
http://www.wcvb.com/article/marijuana-map-cities-towns-developing-rules-for-recreational-pot/9957607
I know we have waited a long time for implementation. The ballot question passed and then the state took a year to get themselves organized. We don’t even yet have final regulations from the state. We are in the same boat as all the other cities and towns who voted favorably on the ballot question.
While patience is a virtue it is very difficult to actually be patient. I feel the same way. I don’t know how many cities and towns will be ready on day 1 which i guess is April 1 but my guess is the number will be very small. There is a staff group that has been in place since the Warren Administration. They have met once since Mayor Fuller took over. The Council has been represented by Councilor Schwartz and they have asked me to join as Chair of the Zoning and Planning Committee. The question is how quickly can the Fuller Administration put together a regulation package for the Council to discuss. They are factoring this work into the work plan for all other zoning work.
One addendum, I said that day 1 is Aril 1. What that means is that the state will start receiving applications on April 1. The earliest possible day an adult use marijuana establishment can actually open is June 1 – which may actually be July 1 if there is a waiting period. The State regulations require a host community agreement – which they have just recently described. There is a lot to figure out in the new rules. If you want to have a look at the complicated state regulations you can find them through this link.
https://www.mass.gov/orgs/cannabis-control-commission
This, in combination with the refusal to allow a medical marijuana facility in the city, is disappointing at best. A moratorium lasting until the end of 2018 is simply too long and unnecessary.
I’m not impressed with a packed room at the MMA. As we’ve seen in Newton, packing a room may or may not mean anything in terms of the opinion of the general electorate. Overall support for this binding referendum was well established a year ago in an election.
If memory serves me correctly, using similar logic, Councilor Albright voted in favor of a moratorium on medical marijuana in order to delay implementation of that initiative after it was passed by voters. In that case, the City Council’s action forced medical marijuana patients–many with debilitating illnesses like brain cancer and MS–to travel outside of Newton for years after the ballot initiative was passed in order to fill their prescriptions…
Councilor Albright and the rest of the City Council would be well advised to read Marti Bowen’s post [above], because Marti nailed it… “Scrap the moratorium and regulate marijuana the same as alcohol.”
I remind every member of the City Council that the reason passions run so high against marijuana dispensaries can be traced back to the gross and over the top lies and distortions about the health and societal effects of marijuana that my generation and those that followed me were subjected to in movie theaters, the classroom, church sermons, radio, the military and television “public service” announcements. We were told that using it “even in small amounts” would cause us to rape, murder, rob, cheat, commit suicide etc.etc. I was living in Virginia when a young college student was sentenced to 40 years for smoking the weed. It took a pardon from the Governor to spring him and that was only after he had already spent some time in the can. These distortions about marijuana were taking place not long after “Birth of a Nation” and other popular films were suggesting not too subtly that the overwhelming desire of a black male is to rape a white female. When I was growing up, a lot of older people still took that as gospel. Let’s come into the 21st century and, as Marti said, treat this like alcohol.
Jane and Mike – the city moved to create medical marijuana zoning requirements pretty quickly. The one dispensary that we have in Newton is in my Ward and I and my colleagues in the Ward, supported it from day one over neighborhood objections. What delayed that site from opening was not the City but rather the applicant’s inability to find a city willing to serve as a host for her growing facility. Jane – As a Councilor, I can’t really say that I’m not impressed by a packed room because when citizens show up in the Council Chamber- that means something. However – a workshop at the MMA is not a political event. It was a fact finding/learning event and I believe the numbers reflected the large numbers of questions from cities and towns in the Commonwealth.
Marti – I hope you will follow the link I provided and actually read the draft regulations. Adult Use MJ is not being treated by the state just like package stores and therefore the city has certain obligations to meet in this regard.
I really do appreciate and understand everyone’s frustration with the pace. The proposed moratorium reflects no pre-defined negative disposition on this matter by the Council or the Administration.
@Councilor Albright– I could not disagree with you more…
Had the City not imposed a moratorium on medical marijuana at precisely the time that the State was issuing the first round of approvals–and the [then] BoA not been so restrictive in its zoning measures, patients in Newton would have had local access to their medication more than two years earlier than they did. To date, only one member of the City Council, Amy Sangiolo, has publicly acknowledged this mistake. It’s time you recognized it as well. The fact is, there were several applicant groups that wanted to open a medical dispensary in Newton, and they went elsewhere when Newton passed a moratorium…
[Worth noting: Newton’s only medical marijuana dispensary, Garden Remedies, has come out in opposition to this newly proposed moratorium, questioning both its objectives and legality]…
I also found your comment to Marti both misleading and uninformed…. “Adult Use MJ is not being treated by the state just like package stores and therefore the city has certain obligations to meet in this regard.” The fact is that Newton could allow cannabis stores in those zones where package stores are allowed. In this case that common sense solution is the right solution, and it’s certainly a better solution than disrespecting the voters who approved this measure. Those voters not only voted to legalize cannabis, they voted for a specific implementation timeline which our elected officials in the City of Newton should honor. That’s the way democracy works!
” The proposed moratorium reflects no pre-defined negative disposition on this matter by the Council or the Administration.”
So what is the purpose of the moratorium, then? If it will naturally take until June 1 for a shop to open due to the process put in place, what is the point of a moratorium until the end of the year?
Doug – the end date of Dec 31, 2018 is the typical time used by cities and towns for their moratoria, as I understand it. I didn’t pick the date but that is the date recommended by the Administration. It by no means indicates the intended date for completing the work. For example, as I spoke to the planner from Brookline yesterday, in May 2017 Brookline planner took to their town meeting, a Dec 31, 2018, end date for their moratorium.
Susan – It’s disappointing that you respect a packed room of people who may very well have an agenda over the overwhelming vote of the electorate. When citizens vote in support of a binding referendum, that’s impressive. One hundred people in the council chambers with an agenda isn’t in the same category. Not close.
It shouldn’t take ten months to work this out. The only outcome of this moratorium is the continued sale of marijuana on the streets. Why would the city council want that to continue for any period of time?
Here is what i suggest for anyone who doesn’t want a moratorium. Make your wishes known to the Council — write an email, send a letter or speak at the hearing. Tell us you think the work should be done by whatever date you think is right. I’m sure that this will be a topic of conversation in working session.
Jane – the electorate wants mj in Newton and it wants the program implemented well. We can’t go back in time and redo the last year when essentially nothing was done to implement the program. We can only start from Jan 1 and go forward. I think the Working group and the Mayor have picked a schedule that they feel works. I have already and will on Monday reflect the thoughts of those who have commented on this blog who feel there is a need to move this program along more quickly.
Thank you, Susan. It’s not really the moratorium that’s the problem. If you said the moratorium was going to be three months, I wouldn’t have an objection. But 10 months? It’s simply too long.
Please remember we’re coming off a 2-year debate on leaf blowers. This type of action worries people. We need to get these drugs off the streets and into regulated establishments ASAP.
Actually, Jane, it’s the moratorium that IS the problem. It’s not like the 7/1 date for retail store openings is a surprise. Many other communities like ours that favored legalization will be ready to go. Brookline, for instance. Not only will Newton look unprepared, and its residents inconvenienced by having to travel elsewhere to make purchases, but the city will lose out on thousands upon thousands of tax dollars while delaying. 7/1 will be a huge party day in MA, lots of municipalities will reap windfalls, but apparently not Newton. Ridiculous. Mayor Fuller’s transition had a task force for just about every issue facing the city. Didn’t anyone think about this one?
I don’t have a horse in this race. But it seems as though the state deserves the ultimate blame for the status quo. Many state officials, including the governor, were against the ballot initiative from the start. Now that it’s law, they appear to be interested in implementing it as slowly as possible with plenty of obfuscation. As an example, today’s Globe says that the governor’s administration is (now) concerned with energy efficiency of pot businesses, and not letting the cannabis commission exceed its legal mandate. At the same time, it seems many communities were caught off guard by the fact that, lo and behold, legal pot is really happening and they actually have to find a way to make it work, which they have shown themselves unable or unwilling to do. But it’s not all their fault. It seems as though pressure needs to be brought to the state to resolve this morass and to move forward – especially in an election year.
Gerry – I was actually thinking of the July 1 date and that’s why I mentioned the three months as a possible compromise.
I am genuinely puzzled. At the behest of the voters, the state has legalized the commercial sale of marijuana. Come June 1, selling recreational marijuana will be a 100% legal commercial business – like a pizza shop, a bank, a variety store.
The City already has a full complement of laws and regulations that regulate commercial businesses and the state has built (or is building) an entire regulatory framework specifically for marijuana dispensaries.
Why does the City of Newton feel it needs to do anything?
What uniquely Newton issues are involved? If there are any uniquely Newton issues worth considering I have no faith that the City Council will identify them correctly before the first shop has opened.
Leave it to the state regulators, allow the shops to open, and if issues subsequently arise, deal with them then when there are some actual facts and data to evaluate.
I remember how quickly the City Council moved to protect the rights of undocumented immigrants after Trump came to office. Now, I need them to protect my rights as a voter. Mayor Fuller should be ashamed of herself for suggesting they do otherwise. Fuller has not even been mayor for two months, and one of her first significant actions is to cavalierly propose that democracy be put on hold. The audacity she has to disenfranchise a majority of Newton’s voters is astounding.
Back in October, 2017 Councilor Albright said, “There is a Staff Committee led by Barney Heath that is examining our options. I would guess that this is something that the new Mayor and Council will be taking up in the spring.”
What happened in that committee? Did they just sit on their hands waiting for the new heat and get nothin g done? From what I read they made no notes or minutes.
A moratorium is not necessary. It’s just more of the stalling Newton is known for.
Bob Burke nailed it again. I remember being told as a young child that Art Linkletter’s son jumped off a building after smoking marijuana because he thought he could fly.
Does anyone know if Garden Remedies (the medical dispensary in Newtonville) would be included in the moratorium? I don’t like the idea of a moratorium at all, but I’d be even more upset to see the city temporarily shut down an establishment that provides necessary medication to patients.
Email from Garden Remedies:
Dear Loyal Patient,
As President and CEO of Garden Remedies, I wanted to reach out to you personally to say that I hope we have helped you find an effective remedy for managing your symptoms and enjoying a better quality of life.
It is our mission at Garden Remedies to provide patients with access to safe, organically grown medicine from our well-trained and knowledgeable staff.
We hope to continue providing these services to our Newton patients, but we need your help:
Newton officials are considering implementing a citywide moratorium on adult-use cannabis dispensaries, including Garden Remedies. A moratorium would place unnecessary hardships on the establishment by blocking our facility from converting its current medical-use license to an adult-use license.
First, I do not believe in the moratorium, its goals or its legality. IF, however, the city insists on its implementation, I believe that as a long-time and trusted local business, Garden Remedies should be exempt from any moratorium that would negatively impact the people who appreciate its benefits.
How you can help:
Please let Newton city officials know you support Garden Remedies by contacting them from the link below:
http://actnow.io/x8c5YeJ
We also ask you to please attend the Newton Zoning and Planning Commission (ZPC) hearing on the proposed moratorium:
Monday, February 12th
7:00 p.m.
Room 205, City Hall
Your comfort and peace of mind is, and always will be, our priority.
Many thanks in advance for your support,
Dr. Karen Munkacy
I am sorry to say, my former colleagues have lost their way.
Like the other Ted, I have no dog in this hunt. I don’t smoke put and probably never will. But a majority of Massachusetts voters thought legalizing it was a good idea, and I cannot find a reason to disagree. I’ve never heard of anyone overdosing on pot, although Massachusetts ranks 2nd in the nation in arrests and seizures from fentanyl and 4th in overdose deaths (not coincidentally). And if the moratorium has any impact whatsoever on medicinal marijuana, then I do have a bone to pick.
Two very close relatives have suffered from breast cancer, and my mother died from it. Had my mother had marijuana to treat the side effects of chemo, she might have opted to live longer–and her quality of life would have been better–by continuing chemo when her cancer was no longer curable.
Do the right thing councilcritters. Vote against this ill advised moratorium. Don’t make me come after you.
From Garden Remedies email (in Mike Striar’s comment):
Can a city councilor or mayor’s representative please tell us if this is true?
It strikes me that this moratorium is a relic of our Puritan heritage. HL Mencken defined Puritanism as “the haunting fear that someone, somewhere, may be happy.”
Gail – the moratorium would not apply to the current medical operations of Garden Remedies.
I like Councilor Albright and I appreciate her participation on V-14. Unfortunately, her [far too] simple response to Gail’s question indicates a lack of understanding about how the rapidly evolving cannabis industry actually functions…
I don’t speak for her, but I believe the reason Dr. Munkacy from Garden Remedies wrote, “A moratorium would place unnecessary hardships on the establishment…” is because they will be put at a serious competitive disadvantage from dispensaries in other cities and towns that [unlike Newton] have actually prepared to implement the new law on time.
Hi Mike- I think I answered the question that Gail asked. I understand Dr. Munkacy’s worries about her competitive place in the market vis a vis adult use mj. As i think I mentioned above, there is a legal question that will be discussed tomorrow night as to whether or not a moratorium can apply to an existing medical dispensary. I believe no adult use mj can open until July 1. The question is how long will it take staff to propose regulations given everything they have to do. i’m sure this will come up tomorrow night.
@Councilor Albright– Democracy postponed is not “democracy” at all. This issue was decided by the voters. The only real question at this point is whether or not Newton’s elected officials respect the voters and the democratic process.
Can’t we just have liquor stores sell marijuana? They already have the infrastructure and training to monitor age requirements. Why is this such a huge deal?
@Newtoner–The cannabis pushback is coming from people who just refuse to accept this kind of social change. They try to make the rules and regulations so onerous that it effectively mitigates the change…
I don’t believe Councilor Albright necessarily feels that way, but she certainly lacks the kind of commitment to the democratic process that I’d prefer from an elected official. But it’s really Mayor Fuller who is to blame for suggesting democracy be put on hold while [15 months after the vote] the City Council gets their act together…
The City of Newton should treat cannabis like alcohol in our zoning regs. It really is that simple!
The Zoning and Planning Committee voted tonight in favor (4 to 3, one abstention) in favor of a moratorium to the end of the year.
Most interesting detail came up towards the end of the discussion. One of the councilors (sorry, I forget which) asked what zoning rules does the city have for liquor stores. The answer was “none, they are just treated as retails stores.” Why these will be treated any differently escapes me.
Everyone was quite vocal in support of getting this done promptly, well before the moratorium expires. Given what I heard in the room, I wouldn’t hold my breath for that.