Falmouth Board of Selectmen on Monday, October 24, continued discussion on whether to issue letter of support for Seven Point, which is planning to open a medical marijuana dispensary in Teaticket.
Selectmen voted 4-1 on October 17 to authorize Town Manager Julian M. Suso to prepare a community benefit agreement with Seven Point, a medical marijuana dispensary based out of Oak Park, Illinois. Seven Point has expressed interest to the town in opening a dispensary at 31 Teaticket Highway. The facility would be the first of its kind to open in Falmouth.
At their October 17 meeting, selectmen said that working with Seven Point on the agreement would put the town in a better position to reap community benefits from the new facility, as well as put some restrictions on the facility’s operation. On Monday, Town Counsel Frank K. Duffy Jr. told the board that with an agreement, the town could arrange for certain monetary benefits from Seven Point. Those could include lump sum payments to the town or a percentage of the business’ gross income, as well as payments to the town’s police, fire and human services departments for services. The agreement could also be used by the town to ensure that Seven Point hires local workers for the facility, Mr. Duffy said.
In addition to entering into an agreement, selectmen would also likely be asked to include a letter expressing their support for the facility, Mr. Duffy said. He added that Seven Point might not be granted a license by the state without a letter of support from the town. The Massachusetts Department of Public Health oversees applications for medical marijuana licenses, and Mr. Duffy said he believes that the state will not consider applications that do not come with a municipal letter of support.
“That’s a huge point,” said Selectman Susan L. Moran, who voted against supporting the facility last week. Ms. Moran said if the state will not consider applications without a letter, then the town should not issue one to go with the application.
However, Mr. Duffy said the letter could become insignificant if Question 4 passes at the general election on November 8. If passed, the question would legalize marijuana in Massachusetts.
“You won’t have the same level of control if Question 4 passes,” he said.
Selectman Samuel H. Patterson asked if the town could wait until after the election to decide whether to issue a letter in support of the facility.
“I feel very uncomfortable making this decision for the town when we don’t know the will of the voters,” he said.
However, Selectman Megan E. English Braga noted that while the town awaits results on Question 4, 63 percent of voters across the state supported the legalization of medical marijuana in 2012.
“Falmouth is our community but on the whole this is something that was supported by a vote,” she said.
“I’m interested in supporting the interests of our population,” Mr. Patterson said.
Others on the board voiced concern about the potential for increased drug dealing in town with the opening of a medical marijuana facility. Philip C. Silverman, an attorney representing Seven Point, said that residents who are licensed to purchase medical marijuana are allowed up to 10 grams of marijuana in a 60-day period, and that waivers can be filled out allowing licensed users to get more.
“The people who get these [medical marijuana] cards can get a lot of marijuana, and it’s super powerful,” Selectman Douglas C. Brown said.
However, Mr. Silverman said there are numerous forms of medical marijuana available to those that need it, each tailored to address specifics ailments. Some strains do not contain THC, the agent that gives marijuana its psychotrophic effects.
“Different people with different illnesses need different things,” he said.
Mr. Silverman also discouraged the town from trying to prevent the new facility from coming to town, noting the the town has zoning that allows for the facility. There are three areas in town that allow for a medical marijuana facility, including Seven Point’s proposed location on Teaticket Highway. The facility would be able to operate upon being issued a special permit from the Falmouth Planning Board, Mr. Duffy said.
The Town of Wakefield attempted to stop a medical marijuana facility from coming to its town, going as far as to sue then-attorney general Martha Coakley to prevent the facility from opening, Mr. Silverman told selectmen. The suit was unsuccessful.
“They said you can zone it, but you can’t ban it,” Mr. Silverman said.
Selectmen Chairman Douglas H. Jones said Wednesday, October 26, that Mr. Suso has prepared a community benefit agreement, which will be sent to Seven Point as well as two other companies that have expressed interest in opening up a facility in Falmouth. Selectmen would then discuss whether or not to write a letter of support for a facility if and when an agreement is signed.
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Full Article: Additional Discussion Held On Medical Marijuana Facility
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