By Mary Romaniec
Grafton News Reporter-
The Nature’s Remedy medical marijuana dispensary received a letter of nonopposition from Selectmen after a long, context-laden discussion at Tuesday’s meeting.
The vote was 3-2 with Selectmen Jennifer Thomas and Craig Dauphinais opposed.
The letter allows the business to move forward with the next phase of approval toward licensing, and eventual building, of a 10,000 square foot facility at 8 Millennium Drive.
Bob Carr, president of Nature’s Remedy and his attorney, Philip Silverman, relayed the intent was to build the facility in stages, up to 50,000 square feet, which could bring 20 to 25 local area jobs to Grafton.
Based on the current draft of the community benefit agreement, Grafton stands to reap in tax revenue from 1 to 1.5 percent of total sales, plus 0.5 percent of Grafton sales. The agreement was still in draft form and needed further clarification from both parties.
The caveat is the unknown ramifications should Question 4 — to legalize recreational marijuana — pass at the ballot in November. Town counsel Ginny Sinkel-Kremer described the language in the citizen’s petition ballot as “atrocious.”
“This was written by lawyers to make a lot of money,” she said. “There is going to be a lot of litigation if this passes.” Of particular concern to her is the loss of authority for towns to oppose recreational marijuana coming to their towns, if they already have a medical marijuana facility.
The language is so contentious, in her opinion, because any signed agreement between a town and dispensary to bar recreational marijuana could not be enforced if the dispensary changes its mind and opts to offer nonmedical products.
Carr said it is his intention to keep the facility for medical marijuana only, and valued his working relationship with the town.
“We will not move without asking permission of the Board of Selectmen,” he said. Selectman Brook Padgett asked Carr if he could wait six weeks until after the ballot vote to secure the letter of nonopposition. Carr said it would be too long because he is facing pressure from the landowner to commit or the property would go back on the market. Silverman added Nature’s Remedy was under a state-issued deadline of February 2017 to get certified by the local Board of Health.
Sen. Michael Moore, the Democrat from Millbury, weighed in to say he was one of eight state senators to travel to Colorado to see the impact of legalized recreational marijuana, which he strongly opposes. He added that if the ballot passed, the senate would work to put in legislative changes.
Padgett said the side agreement with Nature’s Remedy to not include recreational marijuana needed to be binding. But Sinkel-Kremer said any agreement may still not be binding.
“There are plenty of towns that have passed these agreements and now those agreements are called into question,” she said.
“Your reaction is not unusual,” said Silverman, who has represented other dispensary companies in the state. “We want to make this fair for you.”
Resident Mark Johnson spoke in opposition to the business, armed with a stack of documentation that suggested a conflict of interest. He said that while Carr said he did not plan to bring in recreational marijuana, both he and Silverman have donated to the “Yes on Question 4” campaign. Neither Carr nor Silverman responded to Johnson’s comments.
Selectman Craig Dauphinais and Chair Jennifer Thomas suggested the full content and context of the agreement needed to be finished before Selectmen could approve. However, Selectman Sargon Hanna, Bruce Spinney and Padgett concurred the motion of nonopposition, with a contingent approval of the agreement, was in the best interests of the business owner and Grafton.
The agreement will be finalized and put on the Oct. 4 agenda for discussion and approval.
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