Marion has its own set of marijuana establishment regulations now that the Marion Board of Health has approved its proposed recreational cannabis regulations, but that final draft excluded controversial language that called for a local permit to grow cannabis plants at home.
On May 22, Board of Health Chairman Jason Reynolds said town counsel reconsidered the language and now recommends removing the section that would require residents to acquire a permit in order to home grow the six cannabis plants per adult, 12 plants per household, that Massachusetts already allows.
“I did have a few people come up to me who asked if it was legal,” said Reynolds. “They did not feel the Town should put up any barrier.”
Reynolds continued, “Personally, I also started to worry about enforcement – that would not be very easy. I would not propose going door to door doing inspections.”
“I think that is wise, too,” commented Health Agent Karen Walega.
Planning Board Chairman Eileen Marum said she found the regulation to be well written.
“And I agree. I don’t know how you could go and monitor that and count how many plants people are growing,” said Marum, who observed the meeting. “The other thing, that’s state law. State law supersedes local law.”
For the most part, Marion’s Regulation to Ensure the Sanitary and Safe Operations of Marijuana Establishments and the Sale of Marijuana mimics the Massachusetts Cannabis Control Commission’s regulations, restricting its retail sale to 21 years of age, prohibiting the conveyance of marijuana to anyone under 21, and the requirement of a local permit (in addition to a state permit) to establish and operate a cannabis retail or cultivation establishment.
Enforcement of cannabis establishments will fall under the purview of the Police Department as well as the Board of Health and its agents.
The regulation does not specify a permit fee for retail establishments, but language states that the Board of Health will determine that fee on an annual basis.
The state regulations allow for a “reasonable” fee to cover the Town’s administrative and enforcement costs, not to exceed 3% of total cannabis sales.
Also during the meeting, the board decided against pursuing an all-out ban on menthol cigarettes and will instead focus on banning other flavored tobacco and nicotine products.
Reynolds said he preferred to put flavored tobacco and nicotine regulations back on the agenda this summer after a brief hiatus.
“We need to consider whether or not we are going to include or exclude menthol from the regulations,” said Reynolds. “The likelihood of a lawsuit goes down when we exclude menthol,” by adding an exemption for menthol flavor like many other towns have done, Reynolds said.
“But we don’t want to,” commented Board of Health member Betsy Dunn.
Reynolds continued, “Personally, I’ve started to feel like, in the spirit of trying to move forward some flavored tobacco regulation, I’d be open to the menthol exclusion right now if it would reduce the likelihood of legal ramifications.”
Reynolds also said it would reduce the impact on some of the small businesses in town, referring to the various Marion establishments that sell liquor and other products where menthol cigarettes are roughly 20 to 30% of their cigarette sales. Store owners said a ban on menthol cigarettes would hurt their businesses since many often end up buying more than just cigarettes, and would simply go “next door” to buy their cigarettes – and milk, bread, and beer.
“I agree with that,” said Board of Health member John Howland.
“I was surprised to get that,” said Dunn, “…the information we did from small businesses. That really was an issue. I never ever perceived it to be.”
Reynolds said, however, that menthol-flavored cigarettes and nicotine-containing ‘vape’ products existed “for a reason,” making it more palatable and harder to quit, he said.
“But I think, if you’re looking at it from a town perspective, us getting rid of menthol is not really going to make that much of an impact if it’s still available next door.”
The focus now will be getting those flavors – peach, bubble gum, mango – “that really target youth,” said Reynolds, off of Marion shelves.
If successful in banning menthol cigarettes, Marion would have been the first municipality in the country to do so; however, tobacco companies did contact the Board of Health early in its exploration of a menthol cigarette ban, cautioning the Town against it and implying the certainty of legal action.
The next meeting of the Marion Board of Health is June 26at 4:30 pm at the Marion Town House. The board will then adopt a summer schedule and meet again monthly on July 24 and August 28.
Marion Board of Health
By Jean Perry