I was surprised to read in the Recorder on Aug. 2 that the Gill Board of Health voted unanimously to adopt regulations that modify the cannabis buffer zone defined in the Massachusetts regulations. The modifications are similar to those under consideration by the Boards of Health and Planning in Buckland and other Franklin County towns.
The changes may appear small, but they result in a buffer zone more restrictive than the one defined by the state.
The changes could have an outsized impact on the ability of local businesses and property owners to obtain permits for marijuana establishments. Under state law, a marijuana establishment may “not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades one through 12, unless a city or town adopts an ordinance or bylaw that reduces the distance requirement.”
Cities and towns may make the buffer zone less restrictive by reducing the distance requirement. They are given no option for making the regulation more restrictive. Despite that, local boards are creatively attempting to make buffer zones more restrictive. The inclusion of “preschools” excludes a greater number of properties from obtaining a cannabis establishment license. The removal or modification of the legal term “pre-existing” enables the un-licensing of a cannabis business and adds a level of insecurity to a nascent industry. The attorney general will determine the legality of these changes.
Many people question why the rollout has been delayed. More questions will arise when property owners find they are excluded. To protect the majority vote, it’s important to show up for board meetings with cannabis on the agenda, seek election or appointment to boards, and register and show up to vote.
Clarissa Spawn
Shelburne Falls