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a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on April 11, 2019 to discuss a proposed amendment to the Municipal Code to add a new Chapter 5.50 entitled “Cannabis Business Permitting”

From Donna P. Lopez, City Clerk·Council meeting Apr 22, 2019·18 pages·📄 Original PDF (city portal)

⚠ This document is a scan; its text was recovered by optical character recognition and may contain errors. The original PDF is authoritative.

ATTACHMENT A. FIRST PUBLICATION NO. 3488 CITY OF CAMBRIDGE In the Year Two Thousand Nineteen AN ORDINANCE In amendment to the Municipal Code of the City of Cambridge Be it ordained by the City Council of the City of Cambridge as follows: That the Municipal Code of the City of Cambridge be amended in Title 5 entitled "Business Licenses and Regulations" by adding a new Chapter 5.50 entitled "Cannabis Business Permitting" which reads as follows: Chapter 5.50 Cannabis Business Permitting 5.50.010 Purpose This ordinance is intended 1o create a separate local permitting requirement for Cannabis Retail Store, Cannabis Cultivator, Cannabis Product Manufacturer and/or Cannabis Transporter (collectively "Cannabis Business") applicants to certify compliance with certain conditions in the public interest prior to being permitted to operate, a Cannabis Business in the City. The City deems it to be in the public interest to give initial permitting preferences for Cannabis Businesses to Priority Applicants, as defined herein. 5.50.020 Definitions Cannabis Business. A Cannabis Retail Store, Cannabis Cultivator, Cannabis Product Manufacturer and/or Cannabis Transporter, Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Cultivator to cultivate, process and package cannabis or marijuana, and to transfer cannabis or marijuana to other cannabis or marijuana establishments, but not to consumers. A craft marijuana cooperative as defined by state regulation is a type of Cannabis Cultivator. Cannabis Product Manufacturer. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Product Manufacturer to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other cannabis or marijuana establishments, but not to consumers. Cannabis Retail Store. An establishment authorized to sell or otherwise transfer cannabis or marijuana products to consumers for use off the premises, but not to cultivate, manufacture, process, or package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Retail Store may be licensed to operate as a Cannabis or Marijuana Retailer or registered as a Medical Marijuana Treatment Center, also known as a Registered Marijuana Dispensary (hereafter "RMD"), or both, in accordance with applicate state laws and regulations. Cannabis Transporter. An entity, not otherwise licensed by the Cannabis Control Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana, or cannabis or marijuana products, solely
2 for the purpose of transporting, temporarily storing, selling and distributing them to cannabis establishments, not for selling to consumers. Priority Applicant. A person, corporation, or other legal entity applying for a Cannabis Business permit pursuant to this Chapter to operate in the City who is: 2. Group A Priority Applicant. An Economic Empowerment or Social Equity Program Applicant certified as such by the Commonwealth's Cannabis Control Commission; or a Women or Minority Owned business as certified by the Commonwealth-- to be known as Group A Priority Applicants. b. Group B Priority Applicant. An RMD within the City that will sell cannabis products in a Cannabis Retail Store pursuant to the Commonwealth's medical use of marijuana laws, either alone or in addition to operating as a licensed marijuana retailer pursuant to the Commonwealth's adult use of marijuana laws - to be known as Group B Priority Applicants. 5.50.030 Applicability This Chapter shall apply to any proposed Cannabis Cultivator, Cannabis Product Manufacturer, Cannabis Retail Store, or Cannabis Transporter that is seeking licensure from the Cannabis Control Commission on or after the effective date of this Chapter. This Chapter shall not apply to RMDs that have already been permitted in the City and are not seeking licensure as a Cannabis Retail Store for retail cannabis sales prior to the effective date of this ordinance ("Existing RMD"*). 5.50.040 Permitting Preferences for Priority Applicants a. For the first two years from the effective date provided in Section 10 below, the City shall issue a Cannabis Business permit pursuant to this Chapter only to Priority Applicants. The City will only issue a Cannabis Business permit to a Group B Priority Applicant if, after issuance, there will be an equal or greater number of currently active Cannabis Business permits of that type held by Group A Priority Applicants, or if the applicant is an RMD that has been granted a special permit from the Planning Board and a Provisional Certificate of Registration from the Cannabis Control Commission before the effective date of this Chapter and is seeking licensure as a Cannabis Retail Store for retail cannabis sales. b. After two years from the effective date provided in Section 10 below, the City may issue Cannabis Business permits to any qualifying applicant, whether or not such applicant is a Priority Applicant. However, after two years from the effective date in Section 10 below, the City shall continue to prioritize the issuance of permits to Priority Applicants when applications for Cannabis Business permits from both Priority Applicants and non-Priority Applicants are pending approval by the City at the same time. 5.50.050 Permitting Requirements a. Ill order to obtain a Cannabis Business permit pursuant to this Chapter, an applicant must certify that: 1. It will comply with employee pay standards set out in the City's Living Wage Ordinance; 2. It will hire at least 51% of minority, women and/or veterans as employees; 3. If applicant has a Board of Directors, the board makeup will be at least 51% minority, women and/or veterans;
3 4. It consents to unannounced, periodic compliance inspections by City officials of its Cannabis Business, including any Cannabis Business activities it conducts off-site: 5. It will comply with all State and local laws and regulations regarding its Cannabis Business operations; 6. No person under the minimum legal sales age shall be permitted to enter the Cannabis Business site unless such person possesses a state-issued registration card demonstrating that the person is a registered qualifying medical marijuana (cannabis) patient and the Cannabis Business site is, or is co-located with, an RMD; 7. It will work with the Cambridge Public Health Department to create and distribute educational materials to its customers as directed by the Cambridge Public Health Department; 8. It will sell only cannabis and cannabis accessories, and not other products, including tobacco products or alcoholic beverages of any kind; 9. It will comply with directives of the Police Commissioner and of the Director of Traffic Parking and Transportation, or their designees, regarding traffic measures to be taken at and near the Cannabis Business site; and 10. It has received a special permit from the Planning Board for its Cannabis Business and has entered into a Host Community Agreement with the City. b. No discretionary permit conditions may be imposed by the permit issuing authority pursuant to this Chapter. c. A Cannabis Business permit shall be valid only for the applicant to which the Cannabis Business permit was issued, and only for the use and for the site approved in the permit. A proposed change of controlling ownership, change of use, or change of site shall require a new Cannabis Business permit. 5.50.060 Permitting Procedure This Chapter shall be administered by the City's Inspectional Services Department, except that Priority Applicant status shall be certified by the Director of the Economic Development Division of the Community Development Departnent. Applications for Cannabis Business permits shall be obtained trom and submitted to the Inspectional Services Department. If permit applications are properly completed and certified, and the conditions of this Chapter are met, the Commissioner of Inspectional Services (the "Commissioner") shall issue a Cannabis Business permit to the applicant. No public hearing process on individual applications shall be conducted. 5.50.070 Permit Expiration and Renewal The Cannabis Business permit issued pursuant to this Chapter shall be subject to renewal annually. If the applicant fails to timely renew or fails to meet the requirements of this Chapter at the time of each renewal, including the Permitting Requirements in section 5 above, the Cannabis Business permit issued hereunder shall expire. A Cannabis Business permit will not be renewed if the permit holder has failed to pay all fines issued pursuant to this Chapter. 5.50.080 Enforcement a. Failure to comply with this Chapter, including a failure to maintain the status of a Priority Applicant, failure to obtain or 1o comply with the provisions of a Planning Board special permit
4 or State license to operate a Cannabis Business, or failure to comply with any applicable laws, may result in revocation by the City, through the Commissioner, of the Cannabis Business permit granted pursuant to this Chapter. Failure to meet the annual Cannabis Business permit renewal requirements will result in the expiration of the Cannabis Business permit. If a permit holder's State license is revoked, then the Cannabis Business permit issued by the City shall be revoked. A Cannabis Business permit may be revoked or not renewed if the permit holder has sold a cannabis product to a person under the minimum legal sales age three times or more, or if the permit holder has failed to pay to the City all outstanding fines issued pursuant to this Chapter. b. An applicant must cease to operate if it does not hold and maintain a valid Cannabis Business permit pursuant to this Chapter. Prior to revoking a Cannabis Business permit issued hereunder, the Commissioner will notify the Cannabis Business permit holder in writing and allow the Cannabis Business permit holder at least fourteen (14) days to submit written information to the Commissioner establishing that the Cannabis Business permit holder is in compliance with the terms of this Chapter. The Commissioner shall make a final determination on the Cannabis Business permit expiration or revocation thereafter. If a permit holder requests, the Commissioner in his discretion may hold a hearing before deciding whether to revoke a Cannabis Business permit. c. Any violation of this Chapter by a permit holder shall be subject to a fine of up to $300 for each violation. Each day a violation exists shall constitute a separate violation. d. Fines pursuant to this Chapter may be issued pursuant to the non-criminal ticketing procedure in G.L.c.40, §21D. The Commissioner of Inspectional Services, the Police Commissioner, and the Commissioner of Public Health, or their designees shall be the enforcement officials for this Chapter. 5.50.090 Regulations The Commissioner of Inspectional Services, as well as the Assistant City Manager for Community Development, with the approval of the City Manager, are authorized to promulgate regulations and to create the necessary application and permit forms, to implement this Chapter with respect to their respective responsibilities pursuant to this Chapter. Regulatory requirements implementing this ordinance may differ for Priority Applicants and non-Priority applicants, such that the regulatory burden for Priority Applicants is less burdensome. 5.50.100 Effective Date This Chapter shall take effect on - 2019. 5.50.110 Severability The provisions of this Chapter are severable, and if any part of this Chapter should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the Chapter, and the remainder of the Chapter shall remain in full force and effect. In City Council April 1, 2019. Passed to a second reading and on or after April 22, 2019 the question comes on passing to be ordained. ATTEST:- Donna P. Lopez, City Clerk
ATTACHMENT B Lopez, Donna From: Devereux, Jan Sent: Thursday, April 11, 20199:21 PM To: Lopez, Donna Subject: Fwd: MPAA Public Comment on Cambridge Ordinance Committee on Cannabis Business Permitting Attachments: MPAA Cambridge Ordinance Committee on Cannabis Business Permitting Comment.pdf Comments for ordinance committee From: Nichole Snow <[email removed]> Sent: Thursday, April 11, 2019 3:57:35 PM To: City Council Subject: MPAA Public Comment on Cambridge Ordinance Committee on Cannabis Business Permitting Good afternoon City Councillors of Cambridge, MA, Please accept this attached document named 'MPAA Cambridge Ordinance Committee on Cannabis Business Permitting Comment.pdf as the Massachusetts Patient Advocacy Alliance's Public Comment. Thank you for your time and consideration on this important matter. Sincerely, Nichole Snow President & Executive Director Massachusetts Patient Advocacy Alliance www.compassionforpatients.com One Beacon Street, Floor 15 Boston, MA 02108 [phone removed] CONFIDENTIAL: This message, including all attachments transmitted with it, is for the use of the addressee only. It may contain proprietary, confidential and/or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient, you must not, directly or indirectly, use, disclose, distribute, print or copy any part of this message. If you believe you have received this message in error, please delete it and all copies of it from your system and notify the sender immediately by reply email.
MASSACHUSETTS • * PATIENT ADVOCACY ALLIANCE ONE BEACON STREET 15TH FLOOR BOSTON, MA 02108 [phone removed] April 11, 2019 To the Cambridge City Council, Mayor McGovern, Vice Mayor Devereux, and members of the Ordinance Committee 795 Massachusetts Ave. Cambridge, MA 02139 Subject: Municipal Code of the City of Cambridge being amended in Title 5 entitled Business eminen and Regulations" by adding a new Chapter 5.50 entied Cannabis It has been five years since the Massachusetts Patient Advocacy Alliance (MPAA) drafted and heiped pass the ballot "Question 3" to legalize medical marijuana by large margins in Cambridge. Five years later, registered medical marijuana patients still only have limited safe access in Cambridge. Patients deserve to have widespread access in the city including patients residing in communities disproportionately impacted by the drug war. Our suggested changes to the proposal below is meant to guide Cambridge officials in a direction that will help develop policies that prevent harm to medical marijuana patient access in the city. These changes also set a strong precedent that the medical marijuana program cannot be limited in the City of Cambridge. HOW IS MEDICAL MARIJUANA DIFFERENT FROM ADULT USE MARIJUANA? The Massachusetts medical marijuana program is unique in its integration within traditional healthcare mediums like the Massachusetts virtual gateway to track prescription medications. In order for medical marijuana patients to access the benefits of the program such as tax free access, and deep discounts on products, they must first be logged into the state's virtual gateway system that tracks their purchases. Medical marijuana patients registered in the Commonwealth are by default upon certification allowed to purchase up to ten ounces of medical marijuana in a sixty day period. Exceptions for larger quantities are only given to patients who have received approval from their physicians. This sixty day supply is tracked and monitored by physicians similar to how physicians track prescription drug usage. COMPASSIONFORPATIENTS.COM 1 of 4
Physicians, Certified Nurse Practitioners and others depend on this virtual gateway to track their patients medical marijuana usage and check progress in their treatment plan. Adult use only marijuana dispensaries will not connect to this virtual gateway and patients purchasing marijuana from these locations will not gain any benefit of the medical program including their purchases being monitored by their certifying physician. As an example, drug rehabilitation counselors and physicians utilizing the medical marijuana program to help their patients with substance abuse problems use the virtual gateway to ensure that their patients are using what they say they are using. Not having widespread access to medical marijuana while at the same time encouraging widespread access to adult use marijuana in the city of Cambridge will not only irreparably harm the medical regimen of many of the most vulnerable in our society who require a physicians supervision of their condition, it will encourage recreational marijuana use and increase marijuana dependency. MPAA's suggested changes to the proposed Cambridge ordinance include: 1. In Section 5.50.030 Applicability should be amended to include a third line that reads: This Chapter shall not apply to RMDs that have not yet been permitted in the City and are not seeking licensure as a Cannabis Retail Store for retail cannabis sales prior to the effective date of this ordinance ("New RMD"). 2. The City of Cambridge should amend the ordinance to make it clear that this ordinance will not apply to a "New RMD" from providing safe access to medical marijuana patients in the city who does not wish to offer adult use marijuana. 3. The City of Cambridge should add language that would require an "Existing RMD" to open for patients within a reasonable time frame before being able to apply to sell adult use marijuana. HOW CAMBRIDGE CAN PROTECT PATIENT SAFETY AND INCENTIVIZE PATIENT SAFE ACCESS POINTS 1. An additional section to the ordinance should be added that includes the development of a city wide "Medical Marijuana Compassion Fund" where dispensaries can opt-in to donate COMPASSIONFORPATIENTS.COM 2 of 4
up to 2% of their recreational/medical sales to non-profit organizations providing free services to patients who are registered for medical use marijuana. 2. In order to prevent confusion for registered medical marijuana patients in adult use only retailers, MPAA suggests that that ordinance adds a new section that mandates adult use only retailers in Cambridge clearly state inside their facility to all customers that they are not a medical marijuana treatment center and can't provide medical program benefits to patients such as tax free medicine and discounted products. Please see proposed legislation S.1128 presented by Senator Julian Cyr "A petition for legislation relative to medical marijuana patient safety and access". 3. This new section should also mandate adult use only retailers, when prompted by the patient, should be able to direct the patient to the nearest medical marijuana treatment center. Additionally this section should mandate that registered medical marijuana patients transferring from an adult use retailer to a medical marijuana treatment center should be given free public transportation credit by the adult use retailer via the "Medical Marijuana Compassion Fund". 4. MPAA suggests that Cambridge eliminate any buffer zone requirements around medical marijuana treatment centers seeking to locate in the city. CAN EQUITY APPLICANTS START A MEDICAL MARIJUANA DISPENSARY? Yes they can! While it is expensive now, the medical marijuana program will be undergoing major changes during a regulatory adjustment period scheduled to occur between April 2019 and June 2019 at the Cannabis Control Commission. In order to prevent problems to the medical marijuana program, it is widely believed the new regulations scheduled to be finalized in June 2019 will eliminate the vertical integration requirement and create a new application process for medical marijuana businesses that will be in lockstep with the adult use application process. There is no statutory requirement for the medical marijuana program to remain vertically integrated or maintain high fees to become an operator. This means that the Commission has the ability to make becoming a medical marijuana operator in Cambridge as easy as becoming an adult use operator in the near future. Now that the COMPASSIONFORPATIENTS.COM 3 of 4
Cannabis Control Commission has control of the medical marijuana program it is anticipated there will be major changes to the program that encourage equity applicants to participate in the program and ensure cultural competency at patient safe access points. We recommend that Cambridge does not lock out medical marijuana dispensaries based on the current regulatory regime developed by the Department of Public Health in 2013 and instead plans for the future. WHAT ABOUT THE MEDICAL MARIJUANA DISPENSARIES WITH LOCAL APPROVAL THAT NEVER OPENED FOR PATIENTS? The Massachusetts Patient Advocacy Alliance understands the frustration faced by local officials who have given local approval to medical marijuana dispensaries that never opened. Medical marijuana patients have in some cases waited for years and still have no access in their neighborhoods after supporting these businesses during the local process. While patients and officials remain frustrated, we still recommend that Cambridge expedites the approval of these facilities when they begin building out to open because of the desperate need for safe access to medical marijuana in these neighborhoods. Cambridge should require that any facility that said they were going to open for medical marijuana patients and connect to the virtual gateway prior to this ordinance being enacted must do so before commencing operations for adult use. EQUITY MUST INCLUDE MEDICAL MARIJUANA Cambridge must take bold action and prepare for the future of the medical marijuana program that will make equity and accessibility paramount. We hope that you use this document as a guide to develop strong equity policies that consider medical use marijuana and its state mandated benefits. Municipalities like Cambridge are in a unique position to influence policy and the future equity of medical marijuana safe access in Massachusetts. COMPASSIONFORPATIENTS.COM 4 of 4
• ATTACNMENTC HOPE LEGAL LAW OFFICES 907 Massachusetts Avenue CAMBRIDGE, MA 02139 TELEPHONE [phone removed] FAX [phone removed] www.hopelegal.com Sean D. Hope Esg.. [email removed] Mayor Marc McGovern City of Cambridge Cambridge, MA April 9, 2019 Re: Cannabis Business Permit Comments and Proposed Edits Mayor McGovern, Included herewith are proposed suggestion and edits to the Cannabls Business Permit Draft Ordinance being discussed at the Ordinance Committee meeting on April 11, 2019. If there are any portions of the proposed edits that you would like to discuss prior to the Ordinance Committee meeting please let us know. b. Group B Priority Applicant: We propose to clarify that the Group B Priority should include RMD's that are "existing" in Cambridge. The rational being these RMD's were previously regulated by the Department of Public Health that imposed requirements on operators such as vertical integration and non-for-profit status that created an extremely difficult barriers to open and operate in the industry. Now that RMD's are regulated by the Cannabis Control Commission existing RMD's are still recovering from the high cost of entry and the significant capital investment that came mostly through high interest loans. Ordinance Text: Group B Priority Applicant: An RMD within the City that will sell cannabis products in a Cannabis Retait Store pursuant to the Commonwealth's medical use of marijuana laws, either alone or in addition to operating a a license marijuana retailer pursuant to the Commonwealth's adult use of marijuana laws-to be known as Group B Proposed Text; Group B Priority Applicant: An RMD within the City that has been approved for a Special Permit by the Planning Board before the effective date of Ordinance that will sell cannabis products in a Cannabis Retail Store pursuant to the Commonwealth's medical use of marijuana laws, either along or in addition to operating a license Marijuana retailer pursuant to the Commonwealth's adult use of marijuana laws- to be known as Group B 4. Permitting Preferences for Applicants: We propose to clarify that the Group B applicants who have obtained a Special Permit from the Planning Board to operate a RMD in Cambridge and received a Provisional Certificate of Registration from the Cannabis Control Commission shall be exempt from the Permitting Preferences in section 4.
a. For the first two years from the effective date provided in Section 10 below, the City shall issue a Cannabis Business Permit pursuant to this Chapter only to Priority Applicants. The City will only issue a Cannabis Business Permit to a Group B Priority Applicant if, after issuance, there will be an equal or greater number of currentiy active Cannabis Business permits of that type held by Group A Priority Applicants, or if the applicant is an RMD that has been granted a special permit from the Planning Board and Provisional Certificate of Registration from the Cannabis Control Commission before the effective date of this Chapter and is seeking licensure as a Cannabis Retail Store for retail cannabis sales. Proposed Text: a. For the first two years from the effective date provided in Section 10 below, the City shall issues a Cannabis Business Permit pursuant to this Chapter only to Priority Applicants. The City will only issue a Cannabis Business Permit to a Group B Priority Applicant if, after issuance, there will be an equal or greater number of currently active Cannabis Business permits of that type held by Group A Priority Applicants. However, if the applicant is an RMD that has been granted a special permit from the Planning Board and Provisional Certificate of Registration from the Cannabis Control Commission before the effective date of this Chapter and is seeking licensure as a Cannabis Retail Store for retail cannabis sales, the aforementioned Group A/B priority policy shall not apply. 5. Permitting Requirements: We propose the following amendment to the certain provision of the Permitting Requirements section specifically to address the onerous in and in cases impractical impact on existing RMD's whose corporate structure, financing and operations were regulated in a manner substantially different then the current adult-use regulation that it warrants certain special consideration. The paragraph's #1,2,3 are proposed to be amended as follows; Original Text 3. If the applicant has a Board of Directors, the board makeup will be at least 51%, minority, women and or veterans, Proposed Text: If the applicant has a Board of Directors, the board makeup will be at least 49%, minority, women and or veterans. New Paragraph #11 11. An existing RD that has been granted a special permit from the Planning Board and Provisional Certificate of Registration from the Cannabis Control Commission before the effective date of this Chapter shall be allowed not more than three (3) years to comply with paragraphs #1,2,3 in this section. The three year period shall commence once the applicant has received is Final Marijuana Establishment Certificate from the Cannabis Control Commission. Very Truly Yours, Sean D. Hope
Lopez, Donna AITACHMENTD From: Saskia VannJames < [email removed]> Sent: Thursday, April 11, 2019 9:03 AM To: Lopez, Donna Subject: Public Comment Submission for tonight's Ordinance Hearing for Cannabis Business Permitting Hello, Below are the comments I will give in recommendations for equity and restorative justice within the 'Cannabis Business Permitting' within the City of Cambridge Ordinance Committee Public Hearing tonight at 6:30pm. Please let me know if l need to submit them electronically elsewhere as well. "First, let us support local by amending Group A (Equity) priority applicants applicants to "Women or Minority Owned business as certified by the Commonwealth" to also include for these women and minority owned businesses to have lived within the city of Cambridge for a min. Of 5yrs AND make less than 100k-Second, amend 2yrs for a Cannabis Business permit pursuant to this Chapter only to Priority Applicants to 10yrs with EQUAL distribution among Group A and Group B priority applicants. The people who were most adversely affected by the war on drugs deserve a fair chance of entry into this industry. We must hold space for them to exist. -Third, Amend Section 5, Permitting Requirements, to include an 11 point requiring equal employment opportunities by Group B applicants for citizens with marijuana convictions. The city absolutely should support economic empowerment for people who were punished through the law for being among the first to understand the nature of this plant. This will only strengthen pathways to success for the most vulnerable within our communities. -Fourth, Shelf-space for Equity Applicants: Retail dispensaries operating in the City of Cambridge should require 51% or more of products sourced from equity-certified (or Group A) applicants. This would help incentivize more accelerator and incubator programs to mentor equity applicants & reduce barriers to entry while getting local products in dispensaries. -Fifth, Designated Use of Public Space allowing incubator programs for Group A equity applicants to exist and provide legal counseling, business resources, city funded loans, and mentorship from cannabis industry experts. These hubs should be overseen by the Cambridge Economic Development Dept. - Sixth and last, Cooperatively Owned Cannabis Businesses within a minimum of 51% holding residency for a minimum of 5yrs and income not in access of 100K should be added as a point to qualify for Group A applicants also known as equity applicants. Somerville, which isn't even a disproportionately harmed community recognizes the importance of cooperatively-owned businesses to incentivize communal and generational wealth. As an alternative option for local residents to acquire funding & access to ownership, incentives for community-owned marijuana establishments should be a priority in Cambridge." Thank you, Saskia James, resident of Cambridge 251 Garden St. Sent from my iPhone 1
ATTACHMENT E MARIJUANA ECONOMIC EMPOWERMENT COALITION Subject: Recommendations to Municipalities and Massachusetts Cannabis Contro Commission to ensure full and meaningful Priority Status participation of Economi Empowerment and Social Equity applicants in the Regulated Marijuana Industry. Sections: I. Introduction П. Recommendations Ill. Conclusion I. Introduction: Marijuana Economic Empowerment Coalition (MEEC) is a group of Economic Empowerment Certification, Social Equity, and Minority applicants formed to represent an alliance of people disproportionately impacted by the war on drugs. We are a Coalition committed to the fight for equitable access into the cannabis industry. Our goal is to see the Marijuana Industry thrive in a diverse and equitable way, including through the use of reparative practices, as needed, to ensure true equity in the industry. MEEC has drafted several recommendations that we request that Municipalities across the Commonwealth and Cannabis Control Commission review for inclusion in their adult use marijuana ordinances. Il. Recommendations: 1. Create Priority Status for Minorities. a. Minorities: African-Americans, people of Caribbean descent, Latinos, Members of Indigenous Communities, Women, Veterans, People with Disabilities and members of LGBTQIA communities. 2. Economic Empowerment, Priority Status, and Social Equity first-review of applications. At least 50% of licenses designated as Priority Status (i.e. similar to other municipal ordinances 1
such as Somerville's ordinance in which during a two-year priority period, there must be an equal or greater number of active licenses issued to priority applicants that include "An Economic Empowerment Applicant certified by the Commonwealth of Massachusetts Cannabis Control Commission (CCC)" 3. Priority Status, Social Equity, and Economic Empowerment applicants Site Control Exemption: Applicants receive a location / facility exemption for applications to obtain a provisional license due to otherwise unreasonably impractical barriers to entry into the industry for these applicants a. Final CCC state licenses would be granted upon the opening a facility for operation. City and any other inspecting authority/ies shall inspect each facility to ensure it is compliant with zoning and any other regulatory guidelines. 4. Fund to Support Priority Status, Social Equity and Economic Empowerment Recipients. Allocate a portion of the funding from the 3% Community Impact Fee or related revenue source/s to support Priority Status, Social Equity, and Economic Empowerment recipients. Funding should be allocated from such City, State and Cannabis Control Commission sources each fiscal year. The funding should be used for grants, start-up costs, technical assistance, low or no- interest loans, application fees, cannabis education programs, assistance with real estate/property purchase, CPA/accounting assistance, and/or legal assistance with funds to be channeled through appropriate government entities to provide proper oversight and management of the use of funds. 5. Protect Local Business: Stimulate the local economy by promoting local businesses to flourish in order to prevent the Massachusetts cannabis industry from becoming a victim of
an extractive economy. This should include protective measures to prevent foreign and out of state cannabis companies from unfairly taking over the markets. 6. Transparency: Complete transparency in the municipal application review process, with pre and post community outreach authorization meeting transparency. a. Clearly define the process approval timeline and provide transparency for accountability such as through an electronic tracking system that is open to the public to review. b. Require complete transparency and accountability for businesses that have received grants designated to provide technical assistance and other support to equity applicants. 7. Buffer Zone: Bypass the .5-mile buffer-zone requirement for Priority, Economic Empowerment and Social equity applicants or other such ordinances that may be established in various municipalities. 8. Decrease Barriers to Site Access: Make land available for priority, social equity, economic empowerment and Disabled Veterans. 9. Promote Existing Protective Status Programs: i.e. Black farmers protective status legislation to protect minorities and facilitate easy access to state and federal land as well as to enter the cannabis industry to include hemp cultivation. 10. Definition Recommendation: "Diverse applicant team" should require a minimum of 60% minority ownership. 11. Diversity of Establishments: Allow for multiple types of marijuana establishments within the 0.5-mile (or other municipality specific) buffer. b. Allow for multiple licensees to operate within a single marijuana establishment. 3
Il. Conclusion: Marijuana Economic Empowerment Coalition (MEEC) would like to thank the various municipalities in Massachusetts and Cannabis Control Commission for their hard work and dedication in developing the guidelines and application process for creating the legalized adult use cannabis industry in Massachusetts and the municipalities. It is our aspiration that these recommendations give municipalities helpful information for use in the final drafting of their ordinances and/or modifying existing ordinances to establishing equitable regulation of the cannabis industry in their municipality. The law requires the elaboration of "procedures and policies to promote and encourage full participation in the regulated marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement and to positively impact those communities" Should any municipality have any questions or concerns about these recommendations, please feel free to contact the co-founders of Marijuana Economic Empowerment Coalition. It is our hope that these recommendations will be considered in good faith. The recommendations put forth in this document are the result of dialogue among Economic Empowerment applicants, Social Equity applicants, and Minorities from disproportionately impacted areas who worked tirelessly through weekly meetings, events, and emails to draft out a proposal. Please he assured that these recommendations summarize the views of many folks that have been speaking via working sessions and CCC meetings throughout the legalization process. We need fair and Equitable access to this industry right from the very beginning. Progressive and committed municipalities have the opportunity to set a precedent for other cities and states to follow if and when cannabis becomes legal federally. Residents
of the various municipalities across the Commonwealth who have been negatively impacted by the was on drugs must have a level playing field in the cannabis industry or it is highly unlikely that we will succeed. This level playing field can only be created with deliberate planning and action steps by municipalities working with the members of the community. We believe these recommendations place us closer to generating such a playing field. We hope that the municipalities reviewing these recommendations and the Cannabis Control Commission undoubtedly feel the same. Respectfully Yours, Charles Roulet Narosmi Auguste Dawn Duncan Co-Founder Co-Founder Co-Founder MEEC MEEC MEEC Shamika Rucker Chauncey Spencer Esther Auguste Co-Founder Co-Founder Co-Founder MEEC MEEC MEEC
Lopez, Donna ATTACNMENT F From: Josia Gertz DeChiara < [email removed]> Sent: Thursday, April 11, 2019 2:30 PM To: Lopez, Donna Subject: Cannabis retail public comment Hello! I am unable to attend the meeting tonight, but would like to submit public comment in support of the 6 points made by Saskia VannJames, a coworker of mine planning to comment tonight. As a white person and lifetime Massachusetts resident, I feel strongly that there is a dire need for restorative justice to be centered in the conversation about how cannabis licenses are awarded in Massachusetts. Saskia's points, which I strongly agree with, are below: "First, let us support local by amending Group A (Equity) priority applicants applicants to "Women or Minority Owned business as certified by the Commonwealth" to also include for these women and minority owned businesses to have lived within the city of Cambridge for a min. Of 5yrs AND make less than 100k -Second, amend 2yrs for a Cannabis Business permit pursuant to this Chapter only to Priority Applicants to 10yrs with EQUAL distribution among Group A and Group B priority applicants. The people who were most adversely affected by the war on drugs deserve a fair chance of entry into this industry. We must hold space for them to exist. -Third, Amend Section 5, Permitting Requirements, to include an 11 point requiring equal employment opportunities by Group B applicants for citizens with marijuana convictions. The city absolutely should support economic empowerment for people who were punished through the law for being among the first to understand the nature of this plant. This will only strengthen pathways to success for the most vulnerable within our communities. -Fourth, Shelf-space for Equity Applicants: Retail dispensaries operating in the City of Cambridge should require 51% or more of products sourced from equity-certified (or Group A) applicants. This would help incentivize more accelerator and incubator programs to mentor equity applicants & reduce barriers to entry while getting local products in dispensaries. -Fifth, Designated Use of Public Space allowing incubator programs for Group A equity applicants to exist and provide legal counseling, business resources, city funded loans, and mentorship from cannabis industry experts. These hubs should be overseen by the Cambridge Economic Development Dept. - Sixth and last, Cooperatively-Owned Cannabis Businesses within a minimum of 51% holding residency for a minimum of 5yrs and income not in access of 100K should be added as a point to qualify for Group A applicants also known as equity applicants. Somerville, which isn't even a disproportionately harmed community recognizes the importance of cooperatively-owned businesses to incentivize communal and generational wealth. As an alternative option for local residents to acquire funding & access to ownership, incentives for community-owned marijuana establishments should be a priority in Cambridge." Thank you for your time! Josia DeChiara