BERNARDSTON — Another decision on marijuana has been added to the “special town meeting to-do list,” as described by Selectman Brian Keir.
Representatives from the Heirloom Collective, the marijuana-growing company previously called the Happy Valley Compassion Center, met with the Selectboard and state Rep. Paul Mark, D-Peru, on Monday to discuss changing how the company’s growing facility on Northfield Road is legally classified as a business.
Under state law, marijuana cultivation is not considered agricultural use of land, which all three selectmen agreed was not reasonable. The cultivation of tobacco and hops is considered agriculture, even though as Selectman Stan Garland pointed out, they are used in products for public consumption that are considered drugs, just as marijuana is.
The problem is that because the growing facility is not classified as an agricultural use of the land, the Heirloom Collective has to apply for special permits from the town for any expansions or construction projects it may undertake in the future.
Some expansions that the company knows it will need to make, like the construction of greenhouses, would be allowed by default if the company were classified as an agricultural use of land.
To address this, Mark has proposed that the town petition to have the law changed specifically in how it applies to Bernardston, so that the town could classify the Heirloom Collective’s property on Northfield Road as an agricultural use of land.
The process would involve a “home rule petition,” which must be approved by a majority in a town meeting. If it is approved, Mark would file it as a bill in the Massachusetts House of Representatives, and it would be treated like a regular bill.
Mark explained that lawmakers are hesitant to consider issues related to marijuana at the state level for fear of reopening the entire debate, so a home rule petition would likely be more palatable.
“The idea here is, if it’s a home rule petition, then it’s something that is sent directly from the town, it’s the town making a law for itself through legislative action, then that argument won’t be valid, the argument that this could re-open the entire marijuana debate,” Mark said.
The special town meeting to vote on the home rule petition likely won’t be held for at least three months, the selectmen said. Because it costs money to hold special town meetings, it is most economical to address as many issues as possible at a single meeting, and the Selectboard anticipates that the financial situation of the Pioneer Valley Regional School District will require a special town meeting some time in the fall.
Contact Max Marcus at
413-772-0261 ext. 261, or mmarcus@recorder.com.