The Franklin Regional Council of Governments was formed in 1997 to serve and represent the 26 towns of Franklin County. We provide our towns with regional and public health planning, professional municipal services, advocacy and capacity building. As part of representing our member towns, we have been gathering input on the state’s new marijuana legalization process.
Much of the responsibility for implementing the new marijuana law will fall to the commonwealth’s municipalities, and, as a result, local officials have many questions. After consulting with our member communities, we submitted a number of comments to the state’s Marijuana Policy Committee.
We have the following concerns:
There are concerns about the increased demand on emergency responders, including police and EMS. We request that the state institute processes to track any increase in demand and identify if the taxes gathered cover the increase in costs. In addition, our local law enforcement officers need a test similar to alcohol Breathalyzers to use to establish DUI.
Language is needed to require the Board of Health in each town to ensure and permit the sanitary conditions in any facility making or selling edibles or infused products. Please note that exempting any food product that contains marijuana from inspection could open up a loophole to food that includes only a tiny amount as a spice or additive.
Massachusetts has a long history of local determination on issues of business and zoning. We request that the committee amend the legislation to restore local control and allow towns to prohibit the retail sale of marijuana and marijuana cafes through local zoning amendments in accordance with M.G.L. Chapter 40A. In addition, we ask that the committee consider removing the requirement that towns may not prohibit the sale of recreational marijuana at locations that sell medical marijuana
In addition, local licensing for commercial sales is important for towns, and seems like the best way to mirror the alcohol licensing system in Massachusetts.
We ask that the committee consider what steps could be taken to address the huge amounts of energy and water used in production of cannabis, a water and electricity-intensive indoor process. One possibility is renewable energy offset requirements at production facilities. This new sector has the potential to seriously impact our clean energy goals as a commonwealth.
In addition to the FRCOG, a number of the Franklin County preventions coalitions have submitted testimony to the committee as well. We ask that the Legislature add minimum pricing language to ensure that “loosies” that contain THC/marijuana are priced too high to be attractive to children. This is a current loophole for cigars in the tobacco laws and is leading to high rates of cigar smoking among youth. In addition, we ask that the Legislature require restrictions on edible marijuana product packaging including graphic warning labels, bans on cartoons and candy-bar lookalike packaging, and requirements for clarity on what constitutes a serving and requiring only single-serving packaging, to prevent poisonings. In terms of advertising, we request that the Legislature significantly limit advertising to protect young people, starting with better defining what is meant by “reasonable limits” on advertising in the current law.
As has been suggested by local medical leaders, we request that the committee add a maximum THC concentration for recreational products sold, to protect the public health.
Local farmers request that the committee amend the language to ensure the legalization of hemp growing (it is in the law as a “may” section). This is a potentially lucrative crop for the Massachusetts agricultural sector. We also recommend making marijuana growing ineligible for the local tax benefit of MGL Chapter 61A, even if it is allowed to be grown outside at some point in the future.
We request the following additional seats on the state Cannabis Advisory Board (CAB) – one small town, one large town and additional public health seats, including public health professionals who focus on prevention.
We request the committee increase the percentage of tax that can be assessed to provide adequate funding for the state and municipalities. According to the Massachusetts Municipal Association, the rates proposed are the lowest in the nation.
The Massachusetts rates in Question 4 are 3.75 percent for the state and 2 percent local, which are lower than in Colorado (State 25 percent and local up to 8 percent) and in Washington (State 37 percent and local up to 3.4 percent).
In Franklin County, the evidence-based substance abuse prevention curriculum LifeSkills is being implemented in all middle schools. We believe such curriculum would be valuable in all middle schools and recommend that some of the tax revenue from the sale of marijuana support prevention programming in schools.
It is our hope that the Legislature will act on these important concerns as our state navigates this enormous transition.
Linda Dunlavy is executive director of the Franklin Regional Council of Governments.