Marijuana Bylaw and Zoning in Foxborough: Spring 2022 Update
Evolving landscape of marijuana regulations in Foxborough, from past bans to potential changes driven by financial benefits. Discover the impact on nearby communities and the insights gathered since the legalization of marijuana sales. Delve into the financial implications at both state and local levels, shedding light on the revenue generated and the collaborative efforts underway for informed decision-making.
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Presentation Transcript
MARIJUANA BYLAW AND ZONING Spring 2022 Annual Town Meeting Sponsored by Foxborough Board of Selectmen With assistance from the Foxborough Planning Board
Marijuana timeline 11/20/18 - First two recreational marijuana retail dispensaries in MA open for business 11/4/08 MA voters decriminalize possession of small amounts of marijuana 11/8/16 MA voters legalize recreational marijuana 11/6/12 - MA voters legalize medical marijuana 5/8/17 - Foxborough bans recreational marijuana
Why change Foxboroughs rules now? 2017 non-binding referendum and town meeting vote to ban, based on uncertainty around regulations and impacts What we ve learned since marijuana sales became legal Demonstrated financial benefits to nearby communities Minimal impacts Nearby Marijuana Retail Locations Town Date Opened Sharon August 2020 Plainville February 2021 Mansfield October 2021
Research Town of Brookline recommendations Police Chief Other communities Town Counsel Collaboration between boards and departments Preliminary meetings to review draft warrant Incorporate feedback
Financial benefits - state Massachusetts received $122 million in tax revenue in the first two fiscal years of recreational cannabis sales. The funds come from a 20% tax on recreational cannabis, implemented on all non-medical sales since the first recreational stores opened in November 2018. The tax includes a 6.25% sales tax, a 10.75% excise tax, and local option tax for cities and towns up to 3%. As of December 2021, the state took in $51.3 million from alcohol taxes and $74.2 million from cannabis at the halfway point of the fiscal year.
Financial benefits local Massachusetts Dept of Revenue for Fiscal Year 2021 Actual Receipts Sharon $325,431 revenue + $228,541 impact fee Population: 17,612 Plainville $35,062 revenue + $18,072 impact fee Population: 9,945 Lakeville $191,480 revenue + $100,000 impact fee Population: 11,418 Millis $370,773 revenue + $487,927 impact fee Population: 8,460 Middleboro $159,361 revenue + $161,430 impact fee Population: 25,121 Rockland $530,000 revenue + $0 impact fee Population: 17,803 Rowley $129,463 revenue + $50,811 impact fee Population: 6,358
Towns role A town may implement its own licensing process, as long as it does not conflict with state laws and regulations governing marijuana establishments. Local laws cannot be so difficult to comply with that they would subject licensees to unreasonable risk, or require such a high investment of risk, money, time or any other resource or asset, that a reasonably prudent business person would not operate a marijuana establishment A town may not prohibit or inhibit the transport of legal marijuana through its locality. A town may pass a bylaw limiting the number of marijuana establishments to 20% or more of the number of liquor licenses issued pursuant to G.L. c.138 15 (sale for off-premises consumption) in that municipality without going to the ballot.
Concerns/Considerations No marijuana in/around Uptown Foxborough. Sensitivity to residential areas. Under state law, an 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. A town may adopt an bylaw to reduce that distance requirement (but not increase). Updates since last meeting Since Foxborough has 10 package stores, 2 marijuana retailers could be permitted in Foxborough, not 1. If the Town allows a marijuana retailer, which this Bylaw would authorize, it cannot prohibit Delivery/Couriers licensed by the CCC from operating in the Town. We can only prohibit Foxborough marijuana retailers from delivering in town.
Approval Process Applicant meets with Town Administration Applicant completes the Marijuana Host Community Agreement Application (form to be developed if bylaw is approved) Applicant presents their materials at a BOS meeting in a ten-minute presentation At a second BOS meeting, the board decides if they would like to begin negotiating a Host Community Agreement (HCA) with the applicant or not The HCA is approved by BOS after negotiations The applicant is required to host a community outreach meeting this must happen within six months of filing its application with the Cannabis Control Commission (CCC) 1. 2. 3. 4. 5. 6.
Approval Process (continued) The applicant applies for a Provisional License from the CCC While they wait for the Provisional License, the applicant can begin obtaining local permits including Planning Board, Board of Health, Foxborough Police Department approval of security plan The CCC will reach out to the Town of Foxborough to confirm compliance with local bylaws the town has 60 days to respond 10. CCC will grant the Provisional License 11. After all local permits have been granted the applicant can apply to the CCC for the final license 12. A final license may be issued by the CCC 7. 8. 9.
Foxboroughs proposal Use Number Allowed Notes Retail establishments 2 Based on 10 package stores. To limit number below 2, a ballot vote before Town Meeting vote required. Marijuana establishments No limit Subject to local approval. Social consumption Not permitted Delivery Permitted Cannot prohibit if retail establishment allowed in town.
Next steps Town meeting vote If passed, BOS and Planning Board will adopt regulations for marijuana applications If passed, adopt rule to prohibit public smoking of marijuana Town to issue Request for Proposals seeking best financial package and locations for community Thank you
