Southborough: Medical Pot Debate Heads To Town Meeting

Robert Celt

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The battle against a medical marijuana dispensary opening on Rte. 9 is heading to Town Meeting.

At Monday's Planning Board meeting, Marnie Hoolahan, who lives on Clifford Street, presented three citizen petitions to amend the town's zoning bylaws on registered marijuana dispensaries opening in town. Town Meeting starts on April 11.

The Planning Board voted Monday night to the support the petitions in a 3-0 vote.

The petitions aim to push dispensaries 1,000 feet away from schools, regulate hours of sales and prevent a registered medical marijuana dispensary from selling marijuana for recreational use, if state law changes.

Hoolahan said 467 residents support the effort through an online petition. She said a planned dispensary is too close to schools, homes and gives a false perception to "our students that marijuana is safe to use."
"It is simply not worth the risks to the children of our community," she said.

The Commonwealth Cannabis Co., known as CommCan Inc., is hoping to open a dispensary at 255 Turnpike Road, on the westbound side of the highway next to the Volvo dealership. Selectmen last month voted to sign a "letter of non-opposition," which is required in order for CommCan to receive a certificate of registration from the state Department of Public Health.

Last week, the Zoning Board of Appeals voted 4-1 to approve a special permit for the dispensary to open. Residents have 20 days to appeal the decision.

It is unknown how the Town Meeting petitions will affect CommCan's application. The town bylaws allow dispensaries in the business highway district and must be at least 500 feet from schools and similar uses. Building Commissioner Mark Robidoux previously said the Neary School is about 630 feet away.

Robidoux on Tuesday afternoon said how the changes could impact CommCan could go either way, depending if the ZBA's decision is appealed.

"There are a lot of things it is contingent on," he said.

Hoolahan said she worries about marijuana getting into the hands of children at the Neary Elementary and Trottier Middle schools. She said a dispensary is a "high cash drug business" that could bring increase crime to town. She said many residents want to maintain a 1,000-foot "drug free" zone around the schools.

"Our mission is to decrease diversion of medical marijuana," she said. "It's an edible that looks like yummy treats to our children ... and to reduce the likelihood of our children being injured by drivers operating under the influence of marijuana on surrounding streets near these schools."

Selectman Paul Cimino warned against approving a measure that would essentially ban all dispensaries from opening in town. He said the state's Attorney General wouldn't allow it.

"You got to find a happy medium here that is going to pass muster at the state level," he said.

The zoning was approved by a two-thirds vote at Town Meeting in 2014 after failing at a Special Town Meeting in 2013. At the time, a proposed 1,000 foot buffer zone from schools was then reduced to 500 feet.

"I was in favor of having the larger buffer the first time," said Planning Board Member Andrew Mills. "I'd be in favor of increasing it again. Because I think we would have strong reason to be able to say that we are providing access, or there is access to those who need it."

Karen Muggeridge, of Parmenter Road, said the bylaw was well vetted when approved by Town Meeting.
"I am comfortable with the way it is written," she said. She instead recommended the town place a minimum distance requirement between dispensaries.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Southborough: Medical Pot Debate Heads To Town Meeting
Author: Jonathan Phelps
Contact: Wicked Local Southborough
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Website: Wicked Local Southborough
 
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