Justin Supports Marijuana Businesses Bylaw

This week the Board of Selectmen voted to finalize the warrant for the May 2 Town Meeting, and Article 41 is likely to get the most attention. This article proposes a repeal of the current prohibition on recreational and medical marijuana retail, cultivation, and manufacturing facilities in town and places sensible restrictions on up to five facilities, no more than three of which may be recreational retailers. I support this change.

In 2012 Whitman voters, by a vote of 4472 to 2832 supported legalizing medical marijuana in Massachusetts. Then in 2016 voters in the Town of Whitman supported legalizing recreational marijuana by a margin of 4339 to 3634.  This was followed by a Special Town Meeting on December 11, 2017 (while the Patriots were playing Monday Night Football, the Jay Cutler led Dolphins had an upset win) amending the Town’s General Bylaws to prohibit marijuana establishments by a vote of 125 to 41. Another Special Town Meeting March 12, 2018, amended the Town’s Protective Zoning Bylaws to prohibit marijuana establishments by a vote of 113 to 26. That zoning bylaw change, due to a clause in the bylaw, was effective upon the vote of a Special Town Election on St Patrick’s Day 2018 which affirmed it 543 to 307. I believe the will of the voters is better reflected by the 80% turnout in 2016, not the 1.5% turnout at a Special Town Meeting.

Since that time, we’ve watched our neighboring communities of Brockton, Abington, and Rockland authorize recreational marijuana retail establishments and Hanson authorize cultivation, manufacturing, and delivery services. Plymouth, Carver, Kingston, Halifax, Plympton, Marshfield, Hanover, Norwell, Holbrook, Bridgewater, Lakeville, and Middleborough have all licensed either recreational or medical facilities. These towns have seen a huge investment of private businesses coming to town, revitalizing some older vacant land or buildings, and an influx of revenue in the form of a 3% excise tax and a community impact fee of up to 3% of revenue. In 2021 total Massachusetts excise tax collected for Marijuana sales exceeded that of Alcohol. At a time when we’re cognizant of the cost-of-living increases on our residents, we shouldn’t overlook creative opportunities to reduce the tax burden.

According to the Cannabis Control Commission, 115 licenses have been granted in Plymouth County. If the will of Town Meeting in 2018 was to keep these establishments away, that hasn’t happened. Instead, revenues that could have stayed in Whitman were received by our neighbors. Rockland in 2021 purchased two police cruisers with Community Impact Fees and based on their Host Community Agreements will collect a minimum of $100,000 and a maximum of $500,000 per establishment each of the first five years of operation. That’s on top of the 3% excise tax on sales, as well as real estate and personal property tax. Abington assesses a Community Impact Fee of 3% of gross sales and asks for an additional charitable donation of $10,000.

This is a legal business. The proposed bylaw takes great care to make sure the establishments are limited to the Highway Business district or the Industrial District north of South Ave (the industrial park off Essex). It limits the number of recreational retail establishments to fewer than the licensed All Alcohol Retailers. It also requires the establishments be discrete, with no external windows or marijuana related signage. It was proposed by the Bylaw Study Committee and has been recommended by the Planning Board following a public hearing. Maintaining the prohibition within the Town of Whitman doesn’t keep marijuana out of town, it only keeps businesses out of town. I encourage you to read the proposed bylaw and consider repealing the prohibition on these establishments as most of our nearby communities have already done.