ORANGE — Until recently, Orange’s lack of a local law concerning marijuana businesses meant an infinite number of pot shops could open up in town, with nothing any resident or official could do about it.
But not anymore.
At last week’s Special Town Meeting, resident’s voted to limit the number of recreational marijuana stores allowed in town to 20 percent of the number of off-site liquor licenses the town may issue.
Orange can issue eight such liquor licenses, a number dictated by the town’s population. So — with a rounding-up clause included in the bylaw — only two recreational marijuana stores are now allowed. The bylaw does not affect the number of marijuana growers or manufacturers or medical marijuana establishments permissible.
“This is so we don’t have one pop up on every corner,” said John McHale, a member of the Planning Board, which drafted the bylaw.
Orange has seen considerable interest from prospective marijuana companies over the last year, prompting discussions over whether or not a limiting bylaw should be adopted. The companies have frequently cited Orange’s proximity to the highway and its central location in New England as reasons the town is an attractive place for a marijuana business.
The Selectboard has issued eight approvals to marijuana businesses via letters of nonopposition and Host Community Agreements, which are part of the lengthy process of becoming licensed by the state.
Of those approved companies, only two actually plan on selling recreational marijuana directly to consumers, Silver Therapeutics Inc. and ELEV8 Cannabis LLC. The other companies are all either prospective growers or processors, also termed manufacturers, and would not be affected by the bylaw.
The two stores, if they become ultimately licensed and open up, would bring Orange to its limit for pot shops, now that the bylaw is passed. Silver Therapeutics Inc. has already purchased property at 5 South Main St. for a store and plans on opening early next year, with Chief Financial Officer Brendan McKee optimistic the company will obtain a state license.
The bylaw’s passage did not come without opposition. Andrea O’Brien implored the town to vote “no” on the limiting bylaw, arguing it will be bad for the town’s economy. She also said it’s unrealistic to think there will be lots of pot shops without the bylaw.
“We can’t support the businesses we have,” O’Brien said. “It doesn’t seem possible that more than one retail marijuana shop can survive, let alone two. We do not need this bylaw, and I’d rather see real businesses in town than empty storefronts and movie set stores.”
“This is too much interference in the free market,” she added.
Town Administrator Gabriele Voelker said, despite the bylaw, the town is still encouraging marijuana businesses, pointing to the fact that the bylaw only affects retail stores.
“We’re not stifling them,” Voelker said.
Voelker also said Orange’s downtown businesses gave input supporting the bylaw, and that there would not be enough parking spaces to facilitate a jumble of stores.
She said passing the bylaw makes sense “just like you would want to limit liquor stores or bars.”
Other topics voted at the Special Town Meeting included a new boom mower for the highway department, which will replace a nearly 20-year-old mower. The new mower, to be vehicle-mounted, was approved and will cost $127,554 for a five-year lease. The town also approved the first-year lease payment of $28,675.30.
A total of $122,011 was also approved for the following capital projects: tree removal, airport vehicle repair, vision software, a boiler for the Orange Armory, Occupational Safety and Health Administration (OSHA) equipment and a Federal Emergency Management Agency (FEMA) mitigation plan.
Reach David McLellan at dmclellan@recorder.com or 413-772-0261, ext. 268.