Greetings, Speaker Mariano, House Ways and Means Committee and Honorable Legislators,
I am the town manager in Athol and the current chair of the Small Town Administrators of Massachusetts. This commentary is offered in my capacity as town manager, the Athol Board of Selectmen and likely dozens more chief administrators, managers and mayors throughout the commonwealth.
The Legislature is on the cusp of making some outstanding improvements to the social equity aspect of the cannabis industry and I am sure most municipalities will applaud this action and embrace a set of uniform procedures — even if overdue — to improve access to this industry by social equity participants and businesses.
My concern throughout this trail of bills and amendments remains centered on the attempts to undo contract agreements that cities and towns bargained in good faith while embracing a new industry — cannabis — as host communities. These pioneering communities certainly sought a financial benefit for the citizenry in exchange for their willingness to be on the forefront of a new industry that was previously deemed illegal and for which latent impacts may not be known. Substantial time, effort and money was expended to create local bylaws, ordinances and zoning reforms necessary to allow these new enterprises.
Now, perhaps because a very few bad actors acted in bad faith, the entire host community agreement process that was followed in good faith and that has resulted in at least 1,000 mutually agreed contracts across the commonwealth appears to be under fire. These existing contracts should speak for themselves and not be subject to ex post facto regulation. The courts already have jurisdiction over contract law. Accordingly, I respectfully request that the House accept the following suggested amendments to H-4791:
Support Amendment #19 to H4791 sponsored by Ms. Blais and co-sponsored by Mr. Kushmerek, Ms. Whipps, Mr. Philips and Mr. Argosky LeBoeuf to add language stating that “any host community agreement in effect prior to the effective date of this act shall not be subject to commission review throughout the initial term of such agreement.”
Support Amendments #15 and #21 to H4791 sponsored by Mr. Kushmerek to streamline documentation requirements.
Oppose Amendment #23 to H4791 sponsored by Ms. Sabadosa regarding impact fees as unnecessary whereas breach of contract already falls within the subject matter jurisdiction of the courts.
Thank you for your service to your district constituents and our commonwealth.
Shaun A. Suhoski is the Athol Town Manager.