Staff Writer
SOUTH HADLEY — The future of retail marijuana sales in South Hadley will likely take a step forward at a special Town Meeting Wednesday, where members will decide whether to restrict the establishment of commercial marijuana operations — or ban them outright.
Three articles will come before voters. Two of those, Article 4 and 6, are tied together and would ban the operation of any marijuana establishment in town. A third, Article 5, supported by the Planning Board, would allow such businesses but place restrictions on them. The town had previously placed a temporary moratorium on recreational marijuana outlets.
The three articles were discussed at a Planning Board public hearing on Monday.
Communities that want to completely ban recreational marijuana facilities are being asked by the state attorney general’s office to draft two separate bylaw amendments — one addressing zoning restrictions (Article 4) and another as a general bylaw banning all marijuana establishments (Article 6).
Article 4 would need a two-thirds majority at special Town Meeting to pass. Article 6, meanwhile, would need a simple majority. The amendments would then be placed on the ballot for the annual municipal election in April. If passed, the ban would remain in place indefinitely unless similar steps are taken to repeal it.
When Helen Fantini, a former Planning Board member, asked a question about how Article 6 and Article 4 relate, Planning Director Richard Harris declined to go into specifics.
“I can’t speak to Article 6,” Harris said. “That’s not even something I’ve spent time reading about.”
“I think context is helpful,” Planning Board member Melissa O’Brien said. “You had mentioned that this came from the Select Board. When we initially approached these articles we came up with the regulations assuming they would go into effect. These came up after the fact.”
Article 6 was written by the Select Board, while the Planning Board wrote Article 5, and Harris drafted Article 4 at the request of the Select Board.
Several people at Monday’s meeting supported some restrictions but questioned an all-out ban.
“I think it’s wrong-headed of us to turn our backs on commercial entities that might come into this town, and I think we should not have a ban,” said Liz Austin, a South Hadley resident concerned with the retail sale of marijuana, but supportive of associated commercial operations.
Planning Board Chairman Jeff Squire agreed. “I think we’ve got a lot of good buildings that would lend themselves to some of these uses,” he said.
Squire said the town might want to look at allowing cultivating and testing but not allow retail sales.
Marie Rohan asked the board whether individuals could grow their own marijuana in public garden plots for personal use. The board agreed it was a good question, and would raise it at the special Town Meeting.
“I’m president of the community garden, and I don’t want it in the community garden,” Rohan said.
“Nothing in this article would prohibit somebody from having nonmedical marijuana cultivated and used for their own personal consumption,” Harris said. “It only deals with the commercial statutes.”
The Planning Board chose not to endorse or oppose Article 4 — Article 6 was not addressed by the board Monday — and will continue to support its original suggestion, Article 5.
“Article 5 puts in reasonable restrictions,” Town Administrator Michael Sullivan said on Jan. 3. “So if you voted not to go forward with the ban, at least some protections would still be in place.”
The special Town Meeting to vote on the three bylaw amendments, among other items, will be held on Wednesday at 6 p.m. in the Town Hall auditorium.
Sarah Robertson can be reached at srobertson@gazettenet.com
