Health officials hazy on scope of Fall River marijuana regulations

FALL RIVER — City officials are unclear as to just how many products and businesses will be affected by a new regulation passed last week by the Board of Health that will limit where so-called “marijuana accessories” can be sold.

The regulation, which also outlawed commercial gifting of marijuana and set an age limit for CBD edible sales, prohibits the sale of anything qualifying as a “marijuana accessory” to dispensaries and adult-only tobacco retailers. The regulation passed in a unanimous vote by the board. City Council approval, according to Board of Health Agent Tess Curran, will not be required before the regulation goes into effect July 1.

The regulation defines “marijuana accessories” as “equipment, products, devices or materials of any kind that are intended or designed for use in ingesting, inhaling or otherwise introducing adult-use marijuana into the human body.”

But what exactly does that mean?

When reached for comment Friday, Curran said the language applies to smoking pipes, bongs, and any vape pens or vaping products that can be filled with marijuana. Under this new regulation, none of these products will be allowed for sale in any convenience store that admits minors in as customers.

Waiting until July 1, Curran said, “will give retailers the opportunity to sell products down and make sure they don’t place additional orders. Then, it will be up to the board to enforce.”

When asked whether the regulation would apply to blunt wraps, rolling papers or digital scales, Curran was unable to provide an answer. She did say that the regulation won’t affect lighters.

Thomas Cory, a pharmacist who serves as chairman of the Board of Health, said he and his two fellow board members had not been briefed as to what specific products “marijuana accessories” included prior to the April 24 vote. When asked what products the regulation might include, he referenced meetings the board had with local police officials in 2007, 2008 and 2009 about “drug paraphernalia,” which he said covers similar items. Cory said he also believed that all three of the board’s current members had been serving on the Board of Health at the time of the meetings held over 10 years ago.

“I wouldn’t be able to describe other than what I saw,” he said of the meetings with police officials. “I know there were different types of scales and pipes.”

When asked whether the regulation might affect rolling papers, which are also used in tobacco consumption and commonly sold at convenience stores, Cory said, “I’d prefer not to comment on that because I don’t have the rule in front of me.”

Cory noted that he does have some concern for how this regulation might affect local businesses. This was an issue raised by Curran as well, who said, “It’s certainly a consideration but the board has decided and voted on this regulation.”

Curran said she had not heard any protest from business owners in the days since the board voted. However, her department had yet to send out notifications to retailers that will likely have to cease sales of certain products. Curran said she intends to mail notifications to the 130 businesses in Fall River that have tobacco licenses and possibly sell products now banned under the regulation. Of these 130, Curran said 13 prohibit minors from entering the store, and therefore would be unaffected by the regulation.

While Curran said her office has yet to receive any negative feedback from the business community since the vote, the board did have several convenience store owners, as well as the owner of a local CBD business, speak in opposition to the regulation at the April 24 meeting.

Once active, a penalty system will be put in place for any store found in violation of the new restrictions. According to Curran, first offenses will result in a $100 fine. Second offenses within 24 months of the first will result in a $200 fine and third offenses will result in a $300 fine.