Licensing Review Committee: registered marijuana dispensary

A regular meeting of the Licensing Review Committee on Thursday, January 29, started at 8:30 am in the fifth-floor meeting room at Town Hall. This committee considers licensing policy and new types of licensing. The agenda was initial review of the proposed form of license for a registered marijuana dispensary. Patricia Corea, associate town counsel, is a member of the committee and described the proposed license conditions and the proposed form of a license application.

In addition to committee members, attending this meeting were Alan Balsam, the health director, Kara Brewton, the economic development director, Daniel Bennett, the building commissioner, Todd Kirrane, the transportation administrator, Peter Ditto, the engineering director, Polly Selkoe and Lara Curtis Hayes of the Planning Department, Supt. Mark Moran and Lt. Philip Harrington of the Police Department and one member of the public. The town departments had presented their reviews at a previous meeting held on December 11.

Business plans: New England Treatment Access (NETA), now headed by Arnon Vered of Swampscott, proposes operating from the former Brookline Bank building at the intersection of Boylston and Washington Sts. The company is also planning a dispensary in Northampton and a production facility in Franklin. Present for the company were Mr. Vered, Norton Arbelaez, a lawyer, Amanda Rossitano and Jim Segel, a lawyer and a former state representative from Brookline. Mr. Arbelaez said the company hopes to open its production facility in March and be in full operation by fall.

The company is being reviewed for state certification. The Department of Public Health would act as primary regulator for the strength and purity of products. According to Mr. Vered, most sales are expected to be oil-based liquids, not solid or smokable marijuana. If the company receives state and local licenses, it will also need a special permit under Brookline zoning enacted in November, 2013, and maintained without change at the 2014 fall town meeting. The Board of Selectmen issued regulations for a registered marijuana dispensary last year.

Brookline requirements: Mr. Arbelaez, representing NETA, questioned a proposed requirement to report racial and income information about customers. He said the company would not have the information. Asking for it could be an invasion of privacy. Dr. Balsam of the Health Department said his department’s intents were to keep track of how many customers received health-care subsidies and to check for potential discrimination. There was no apparent resolution of the issues at this meeting.

Mr. Arbelaez questioned proposed requirements to avoid “illegal” conduct, noting that marijuana distribution is expected to remain illegal under federal law, even if the federal government does not enforce the law against a state-regulated operation. The committee agreed to modify the requirements. Mr. Arbelaez also questioned requirements not to create “nuisance conditions” from illegal parking, littering and other activities–noting lack of control over activities outside the place of business.

Kenneth Goldstein, a committee member and chair of the Board of Selectmen, explained that proposed requirements were modeled after other town licensing and that the Board of Selectmen, as the licensing authority, understood practical circumstances and could not be “arbitrary or capricious.” Mr. Arbelaez noted that the company had submitted a “transportation demand management” plan, intended to reduce traffic problems.

There was an extended discussion of home delivery. The state is requiring that home delivery be available, but Mr. Vered maintained that while it might reduce traffic issues, home delivery was probably less secure than a well protected and highly visible business location. Police representatives indicated that they preferred deliveries be made from NETA’s production facility. Mr. Vered said that was also the company’s preference.

The proposed license application includes financial information about Brookline operations. Mr. Arbelaez noted that the information would not meaningfully reflect the company’s operations, since over 80 percent of its costs were expected to be incurred in production, not distribution. The committee agreed that audited financial statements, already required as public information, would suffice. It will hold another review in mid-February.

– Beacon staff, Brookline, MA, January 29, 2015


Registered marijuana dispensary regulations, Town of Brookline, MA, 2014

Fall town meeting: bylaw changes, no new limits on marijuana dispensaries, Brookline Beacon, November 18, 2014

Zoning Bylaw Committee: no new restrictions on marijuana dispensaries, Brookline Beacon, October 28, 2014

Implementation of an Act for the Humanitarian Medical Use of Marijuana, 105 CMR 725, Massachusetts Department of Public Health, May 24, 2013

An Act for the Humanitarian Medical Use of Marijuana, St. 2012 C. 369, Massachusetts General Court, November, 2012 (enacted by voters through a ballot initiative)

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