a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on May 9, 2019 to continue discussion on a proposed amendment to the Municipal Code by adding a new Chapter 5.50 entitled “Cannabis Business Permitting” Ordinance

ATTACIMENTA City of Cambridge Executive Department LISA C. PETERSON LOUIS A. DePASQUALE Deputy City Manager City Manager May 6, 2019 To the Honorable, the City Council: Please find attached a response to Policy Order Number 5 of April 29, 2019, regarding the proposed Cannabis Business Permitting Ordinance, received from City Solicitor Nancy E. Glowa. Very truly yours, Lavis Dabaquale Louis A. DePasquale City Manager LAD/mec Attachments) City Hall • 795 Massachusetts Avenue • Cambridge • Massachusetts • 02139 [phone removed] • tty: [phone removed] • www.cambridgema.gov

Assisiant City Solicitors Nancy E. Glowa Paul S. Kawai City Solicitor Keplin K. U. Allwaters Sean M. McKendry Arthur J. Goldberg Megan B. Bayer Deputy City Solicitor Brian A. Schwartz Katherine Sarmini Hoffman Samuel A. Aylesworth First Assistant City Solicitor Public Records Access Officer Seah Levy CITY OF CAMBRIDGE Office of the City Solicitor 795 Massachusetts Avenué Cambridge, Massachusetts 02139 May 6, 2019 Louis A. DePasquale City Manager City Hall Cambridge, MA 02139 Re: Response to Council Order No. O-5 of 4/29/19 re: Cannabis Business Permitting Ordinance Dear Mr. DePasquale: The City Council has asked for responses to be provided as soon as possible to the late order referred to above, which was passed its last meeting of Monday April 29, 2019, relating to several additional questions about the draft Cannabis Business Permitting Ordinance. As stated in the above referenced late order, the questions are as follows: 1. "Provide a list of all 6 RMDs seeking to or operating in Cambridge, including their licensing status, and which 5 were licensed by the state prior to July 2017, and which of them are seeking to convert to adult use at this time." The following RMDs have been granted special permits by the Planning Board: •• Sira Naturals (formerly Sage Naturals) - 1001 Massachusetts Avenue • Final Certificate of Registration issued 3/8/2017 • Intends to apply for a Marijuana Retailer license (meeting 4/30/2019) • Healthy Pharms - 98 Winthrop Street • Final Certificate of Registration issued 10/7/2016 • Intends to apply for a Marijuana Retailer license (meeting 8/27/2018) • Revolutionary Clinics - 110 Fawcett Street • Provisional Certificate of Registration issued 7/27/2016 • Final Certificate of Registration issued 9/4/2018 • Intends to apply for a medical and adult-use retail marijuana establishment at this location (meeting 5/13/2019) • Revolutionary Clinics - 541 Massachusetts Avenue TTY/TTD [phone removed] Facsimile [phone removed] Telephone [phone removed].

2 • Provisional Certificate of Registration issued 6/2/2017 • No Final Certificate of Registration • Intends to apply for a medical and adult-use retail marijuana establishment at this location (meeting 4/24/2019) • Commonwealth Alternative Care LLC - 1385 Cambridge Street • Provisional Certificate of Registration issued 4/21/2017 • No Final Certificate of Registration : o No community meeting to date re: adult-use retail .• Ascend Mass LLC - 200 Monsignor O'Brien Highway • No Provisional or Final Certificate of Registration (per information available on Mass. Medical Marijuana web site • No community meeting to date re: adult-use retail 2. "Add provision to ordinance for shelf space as a percentage." A provision could be added to the draft Cannabis Business Permitting Ordinance at §5.50.050, where the permitting requirements are listed, that an applicant must certify that it will set aside at least 10% of its shelf space for cannabis and cannabis accessories to be provided by Economic Empowerment or Social Equity licensees approved by the Cannabis Control Commission. There are a number of difficult practical considerations with such a "shelf space" requirement however, including: how will the entity/ies who are given access to sell their products on another business's property be chosen; will the entity using the shelf space be entitled to the entire amount of revenue generated from the sales or can they be required to profit share with the host business; will the entity being provided the shelf space be required to enter into a host community agreement with the City; will the entity being provided shelf space be required to obtain a local Cannabis Business Permit in some form? In my opinion, given the multitude of practical issues needing resolution regarding a "shelf space" program prior to implementation, the City Council could stipulate a shelf space requirement in the Ordinance as something to be accomplished over time, pursuant to regulations to be promulgated by the Assistant City Manager for Community Development pursuant to §5.50.090 of the Ordinance. CDD notes that compliance with such a requirement could be difficult to confirm and enforce. 3. "What can be included in community host agreements." G.L.c.94G, §3(d) provides that there must be a host community agreement (HCA) between a municipality and a marijuana establishment: ...setting forth the conditions to have a marijuana establishment or medical marijuana treatment center located within the host community which shall include, but not be limited to, all stipulations of responsibilities between the 2

3 host community and the marijuana establishment or a medical marijuana treatment center. An agreement between a marijuana establishment or a medical marijuana treatment center and a host community may include a community impact fee for the host community; provided, however, that the community impact fee shall be reasonably related to the costs imposed upon the municipality by the operation of the marijuana establishment or medical marijuana treatment center and shall not amount to more than 3 per cent of the gross sales of the marijuana establishment or medical marijuana treatment center or be effective for longer than 5 years. It does not appear that financial contributions beyond the 3% community impact fee are permitted to be imposed by municipalities through HCAs. 4. "Can we require RMD to continue to supply medical products while converting to adult use and exactly what aspects of RMD conversion to adult use can we regulate." RMDs converting to adult use must still obtain a Planning Board special permit and enter into an HCA with the City. The proposed Cannabis Business Permitting Ordinance would also impose various conditions on converting RMDs. What the City may not do pursuant to G.Lic. 94G, §3(a)(1) is "prevent the conversion of a medical marijuana treatment center licensed or registered not later than July 1, 2017 engaged in the cultivation, manufacture or sale of marijuana or marijuana products to a marijuana establishment engaged in the same type of activity...." The Cannabis Control Commission is prohibited by state law at G.L.c.94G, §4(c)(4) from prohibiting an RMD from co-locating with an adult use establishment. The Cannabis Control Commission's "Guidance for Municipalities" at p. 10 states that its interpretation of the above statutory language is that it prohibits municipalities from preventing conversion of RMDS to an entirely different form of a marijuana establishment, such as one for retail use only. "Provide guidance on residential component of 50% AMI versus neighborhood revitalization strategy areas; specifically, concerns about potential use of this provision by outside parties to buy their way in to cannabis retail in Cambridge and how we can best prevent that." CDD notes that Cambridge residency can be difficult to prove if a person is living unofficially, such as, for example, as a sub-tenant. CDD recommends that if income limits are considered, current income limits used by CDD and other agencies to determine eligibility for housing assistance programs be used. CDD's are set forth at: https://www.cambridgema.gov/~/media/Files/CDD/Housing/incomelimits/hud2018incom elimitsforwebwithcdbglimits_060118.ashx; and those used by the Massachusetts Cannabis Control Commission for Housing Income Limits are set forth at: https://mass- cannabis-control.com/wp-content/uploads/2018/11/Household-Income-Limits.pdf. CDD states that using Neighborhood Revitalization Areas based on census tracts are likely not as good an indicator as income limits, due to current housing affordability in Cambridge. 3

4 6. "Can exclusionary period be indefinite." In my opinion, the exclusionary period may not be indefinite because it is possible that it would result in the City allowing fewer than the minimum number of retail cannabis businesses in the City that the City must allow. One way to address this concern would be to state in the ordinance that there will be an exclusionary period for 2 or 3 years, and such period will expire at that time unless the City has the minimum number of retail cannabis businesses required by law then operating in the City. Answer #1 to the legal opinion provided by this office to the Council on April 29 also addressed this issue. 7. "Provide guidance on if and how we could design a program that would give priority to both Economic Empowerment applicants and Social Equity applicants, and that would give meaningful priority to Economic Empowerment applicants over Social Equity applicants within that priority group." One option to give Economic Empowerment applicants priority over Social Equity applicants is to make them both Priority Applicants but to provide that the Economic Empowerment applicants would have an exclusivity period for the first year after passage of the ordinance, and then Economic Empowerment and Social Equity applicants both have an exclusivity period thereafter. 8. "Provide clarity on how we would enforce the minority board membership and minority employee requirements and how we would phase them in for existing entities." The simplest way to enforce these requirements would be to require applicants to submit documentation to the City establishing their compliance with these requirements when they come to the City for their annual business permit renewal. If a one-year phase-in period for existing entities is determined to be onerous, then at the first one-year renewal point, the City could require a statement as to progress made toward the requirements, and could require that full compliance be achieved by the second annual renewal. CDD recommends that establishments be required to provide a signed affidavit confirming the number of board members if the board is in existence at the time of the application, and that establishments would then be given a one-year phase-in period from the date of the application to come into compliance. CDD also recommends requiring an annual signed affidavit from the establishment confirming the minority make-up of its staff. If all staff is in place at the time of the application, a phase-in period, which would include annual reporting as to the establishment's employee transition plan to reach the 51% level, would be required. 9. "What is the current minimum number of cannabis retail establishments that we must allow." 4

5 Eight. The License Commission advises that currently it has issued a total of 39 package store licenses, with one more expected to soon receive final approvals. G.L.c.94G, §3 (a)(2)(11) states the City may not limit the number of cannabis retailers to fewer than 20% of the number of those licenses. Twenty percent of forty is eight. Very fruly yours, Nancy E Glowa City Sollcitor

City of Cambridge 0-5 IN CITY COUNCIL April 29, 2019 COUNCILLOR ZONDERVAN That the City Manager be and hereby is requested to instruct the City Solicitor to ORDERED: respond to the following issues regarding the proposed Cannabis Business Permitting Ordinance: Provide a list of all 6 RMDs seeking to or operating in Cambridge, including their licensing status, and which 5 were licensed by the state prior to July 2017, and which of them are seeking to convert to adult use at this time; • Add provision to ordinance for shelf space as a percentage; • What can be included in community host agreements; • Can we require RMD to continue to supply medical products while converting to adult use and exactly what aspects of RMD conversion to adult use can we regulate; Provide guidance on residential component of 50% AMI versus neighborhood revitalization strategy areas; specifically, concerns about potential use of this provision by outside parties to buy their way in to cannabis retail in Cambridge and how we can best prevent that; • Can exclusionary period be indefinite; • Provide guidance on if and how we could design a program that would give priority to both Economic Empowerment applicants and Social Equity applicants, and that would give meaningful priority to Economic Empowerment applicants over Social Equity applicants within that priority group; • Provide clarity on how we would enforce the minority board membership and minority employee requirements and how we would phase them in for existing entities; What is the current minimum number of cannabis retail establishments that we must allow

In City Council April 29, 2019. Adopted by the affirmative vote of nine members. Attest:- Donna P. Lopez, City Clerk A true copy; Danna P. Rape ATTEST:- Donna P. Lopez, City Clerk

ATTACINMENTB CAMBRIDGE CITY COUNCIL Alanna Mallon City Councillor TO: Donna Lopez FROM: Councillor Alanna Mallon DATE: May 9, 2019 SUBJECT: Memorandum Submission Please send the attached memorandum, "Outstanding Questions Regarding Cannabis Use Business Permitting" to the Ordinance Committee to be included as part of the record for tonight's meeting. Thank you, Alanna Mallon CITY HALL. CAMBRIDGE, MASSACHUSETTS 02139 [phone removed] FAX [phone removed] TTY/TDD: (G17) 319-4242 EMAI: amallon@cambridgema.gov 8.50 x 11.00 in

CAMBRIDGE CITY COUNCIL Alanna Mallon City Councillor MEMORANDUM TO: Ordinance Committee FROM: Councillor Alanna Mallon DATE: May 9*h, 2019 Re: Outstanding Questions Regarding Cannabis Use Business Permitting I apologize for my absence at tonight's Ordinance Committee meeting, but. I am chairing a meeting of the Mayor's Arts Task Force, and members have been committed to a meeting tonight since our meeting schedule was released 9 months ago. I am submitting this memo to the Committee with my outstanding questions for your consideration. Outstanding Questions Buffer Zones as Applied to Economic Empowerment and Social Equity Applicants According to a May 6th response from the City Solicitor addressing the current minimum number of cannabis retail establishments that we must allow, the License Commission has issued a total of 39 package store licenses, establishing a minimum of 8 allowed cannabis retailers in the City of Cambridge. Section 11.803 "Location Standards" attempts to address the maximum number of allowed cannabis retailers in the City by limiting their presence to Business and Industrial districts only, in 11.803.1 "Cannabis Retail Stores." Subheading (a) also limits access to BA-1 districts, which are typically closer to residential districts, to certified Social Equity and Economic Empowerment applicants only. Subheading (b) of this same section establishes buffer zones between cannabis retailers themselves, with the assumed intent of not "overcrowding" one district or neighborhood, as well as limiting the total number of cannabis retailers City-wide: "(b) A cannabis retail store shall not be permitted within one-thousand and eight hundred (1,800) feet of another Cannabis Retail store..." However, an exception to the 1,800-foot buffer zone is made: '...if the applicant has been designated as an Economic Empowerment Applicant, or certified as eligible to participate in the Social Equity Program by the Massachusetts Cannabis Control Commission... " CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139 (617) 3-19-1280 FAX [phone removed] TTY/TDD: [phone removed] EMAIL: amallon@cambridgema.gov 8.50 x 11.00 in

CAMBRIDGE CITY COUNCIL Alanna Mallon City Councillor This language would maintain an 1,800-foot buffer zone between all non-Economic Empowerment and Social Equity cannabis retailers, but there is no language which establishes mandatory distances between Economic Empowerment and Social Equity cannabis retailers themselves. The Ordinance Committee should seek clarification on the number of Economic Empowerment and Social Equity applicants that can be allowed within each 1,800-foot buffer zone. The only buffer zones that currently apply to Economic Empowerment and Social Equity cannabis retailers are outlined in Section 11.803.3 "Buffer Zones", stating that no establishment can locate within 300 feet of an existing public school, private school, park, or other youth recreation facility unless a Special Permit is granted by the Planning Board Private Day-Cares The 300-foot buffer zone that currently applies to "pre-existing public and private schools providing an education in kindergarten or grades one through 12", however, Cambridge has seen a proliferation of private daycares located in retail storefronts, some of which are beginning to offer kindergarten programs, for example according to the School Department, Violetta on Broadway/Elm Street has a Kindergarten program. Because of their location in Business Districts and their business models not being clearly defined in existing zoning, there is a possibility that the 300-foot buffer could be waived during the Special Permit process to allow an adult use cannabis retailer to locate in close proximity to a daycare. The Ordinance Committee should ensure that private daycares located in retail storefronts are clearly defined in Section 11.803.3 in the zoning, especially as more of these daycares begin to offer kindergarten programs. Conversion of Existing RMDs Regarding the conversion of existing Registered Marijuana Dispensaries (RMDs, medical) to adult use cannabis retailers, the City Solicitor states that "there is not local discretion to prevent such conversions, although the City may regulate them." There are currently 6 RMDs that have obtained Special Permits from the Planning Board, and two locations at 110 Fawcett Street and 541 Massachusetts Avenue, respectively, are owned by the same owner: Revolutionary Clinics. The Ordinance Committee should consider limiting existing owners of RMDs to converting only one of their establishments to an adult use retailer. This allows medical patients, who rely on the availability of specific products in the proper dosage, continued access to an RMD in CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139 [phone removed] FAX [phone removed] TTY/TDD: [phone removed] EMAIL: amallon@cambridgema.gov 8.50 x 11.00 in

CAMBRIDGE CITY COUNCIL Alanna Mallon City Councillor Cambridge. The ability for RMDs to convert to adult use retailers should not end access of patients to medical suppliers. Shelf Space for Economic Empowerment and Social Equity Products The conversion of existing RMDs convert to adult use retailers will result in non-Economic Empowerment or Social Equity establishments in Cambridge, putting these establishments at an immediate advantage over the historically disadvantaged groups we are trying to empower with this ordinance. One of the suggestions in the Cannabis Control Commission's "Guidance on Required Positive Impact Plans and Diversity Plans" is: "Providing mentoring, professional, and technical services for individuals and businesses facing systemic barriers, and incubator or accelerator programs that seek to aid start-up companies owned by disproportionately harmed communities, including but not limited to...cultivation, manufacturing, or retail space..." According to the City Solicitor, "the City could require cannabis business permit applicants to offer floor or shelf space to benefit others, "as long as "such a requirement does not go to the extent of making an applicant's business 'unreasonably impracticable'." In a follow-up memo, she states: "A provision could be added to the draft Cannabis Business Permitting Ordinance at Section 5.50.050...that an applicant must certify that it will set aside at least 10% of its shelf space for cannabis and cannabis accessories to be provided by Economic Empowerment or Social Equity licenses..." The RMDs that are currently operating in the City have several existing advantages: they are currently generating revenue, they are protected by State guidelines to ensure their conversion, and they have existing connections and resources to operate a successful adult use cannabis business. Potential Economic Empowerment applicants may not have the advantage of existing connections, infrastructure, or capital to start their own adult use retailer, but may have the capacity to become a supplier to an existing business. The existing RMDs which will be guaranteed the right to convert have a responsibility to operate in a system based on equity, and the Ordinance Committee should consider reserving shelf space in these retailers. The City Solicitor's recommendation is to implement this requirement over time, as there are many unanswered licensing and permitting questions embedded in this process. The Committee CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139 [phone removed] FAX [phone removed] TTY/TDD: [phone removed] EMAIL: amallon@cambridgema.gov 8.50 x 11.00 in

CAMBRIDGE CITY COUNCIL Alanna Mallon City Councillor should explore the option of creating a phased in, shelf space requirement in the Ordinance. Given the complexity of the issues the City Solicitor has raised, if we do implement a shelf space requirement, we could consider establishing a working group to develop a phased in implementation over time. Limiting Permits to Economic Empowerment and Social Equity Applicants Without regulating the conversion of existing RMDs, Cambridge has the potential to have 6 adult use cannabis retailers that are neither Economic Empowerment or Social Equity applicants. To level the playing field, State guidelines provide for an "exclusivity priority review period" which allows a municipality to consider applications only from Economic Empowerment and Social Equity applicants. State law and Cannabis Control Commission regulations do not explicitly cap the length of an exclusivity period. Economic Empowerment applicants ("Group A") have more stringent guidelines to ensure equal access to the cannabis industry than Social Equity applicants ("Group B"). Therefore, the Ordinance Committee should consider limiting the issuance of adult use cannabis retail permit to Group A applicants only for the first 2 years, and after this period, to subsequently issue permits to Group B applicants only, so long as the number of adult use retail establishments does not fall below 8, or 20% of the package store licenses issued. The Solicitor has ensured that the City has the authority to implement such restrictions on the permitting process. Residency Requirement for Social Equity Applicants The State sets specific criteria and qualifications for an applicant to be prioritized as an Economic Empowerment applicant, however, the threshold is lower for a Social Equity applicant. To qualify for the Social Equity program, applicants must meet only one of the following 3 criteria: • "They have resided in an area of disproportionate impact for at least 5 of the past 10 years; • They have a past drug conviction and they have been residents of Mass. for at least the preceding 12 months; or • They have been married to or are the child of a person with a drug conviction and they have been residents of Massachusetts for at least the preceding 12 months. " CITY HALI.. CAMBRIDGE, MASSACHUSETTS 02139 (617)3-19-1280 FAX (617)319-1287 TTY/TDD: [phone removed] EMAIL: amallon@cambridgema.gov 8.50 x 11.00 in

CAMBRIDGE CITY COUNCIL Alanna Mallon City Councillor To directly aid residents of Cambridge and encourage local ownership of adult use cannabis retailers, the Ordinance Committee should consider adding its own residency requirement to the Social Equity applicant program. Recommendations currently include considerations such as geographic area, longevity, and attendance at Cambridge Public Schools to meet the residency requirement. Summary There are several unanswered questions and considerations that are still unaddressed in the Cannabis Business Permitting draft zoning language. A summary of considerations that I would encourage my colleagues to address at tonight's Ordinance Committee meeting are: • The lack of buffer zones between Economic Empowerment and Social Equity establishments themselves • Clearly stating whether private daycares located in retail storefronts are covered under the 300-foot buffer zone provision • Limit the conversion of existing RMDs to one conversion per business owner • Allocating at least 10% of shelf space in RMDs that convert to adult use cannabis retailers for Economic Empowerment and Social Equity products • A finite exclusivity period for Economic Empowerment applicants followed by an indefinite exclusivity period for Social Equity applicants • Adding a Cambridge-based residency requirement to the Social Equity applicant requirements Thank you, Duller Alanna Mallon CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139 [phone removed] FAX [phone removed] TTY/TDD: [phone removed] EMAIL: amallon@cambridgema.gov 8.50 x 11.00 in

ATTACHMENTC CAMBRIDGE CITY COUNCIL Quinton Y. Zondervan City Councillor To: Donna Lopez, City Clerk From: Quinton Y. Zondervan, City Councillor Date: May 2, 2019 Memorandum Submission Subject: Please place the attached memorandum, "Further Proposed Amendments to the Cannabis Business Permitting Ordinance", on the City Council agenda as "Communications and reports from Other City Officials" for the May 6, 2019 meeting. Thank you.

CAMBRIDGE CITY COUNCIL Quinton Y. Zondervan City Councillor MEMORANDUM To: Cambridge City Council From: Quinton Zondervan, City Councillor Date: May 2, 2019 • Subject: Further Proposed Amendments to the Cannabis Business Permitting Ordinance Please consider the following, which includes two small changes to the edits I originally proposed at the 4/22/19 regular meeting, based on our further discussion and clarity that has been provided. All proposed changes are in red, and the two new changes are also italicized for your convenience. Chapter 5.50 Cannabis Business Permitting 1. Purpose This ordinance is intended to 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. 2. Definitions Cannabis Business. A Cannabis Retail Store, Cannabis Cultivator, Cannabis Product Manufacturer and/or Cannabis Transporter. 2

CAMBRIDGE CITY COUNCIL Quinton Y. Zondervan City Councillor Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control Commission as à 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 applicable 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 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: a. 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: or a Cambridge resident earning less than 50% of AMl in the tax year prior to application—to be known as Group A Priority Applicants b. Group B Priority Applicant. An RMD within the City Icensed or permitted no later than July 1 2017 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 3

CAMBRIDGE CITY COUNCIL Quinton Y. Zondervan City Councillor marijuana laws- to be known as Group B Priority Applicants: Those who qualify as Group B priority applicants cannot also qualify for Group A 3. 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"). 4. Permitting Preferences for Priority Applicants a. For the first twe 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 typeheld by Group A Priority Applieans, or if the applicant is an RAD that has been granted a special permit from the Planning Board and a Provisional Certificate of Registration from the Carnabis Control Commission before the effective date of this Chapter and is seeking licensure «s a Cannabis Retail Store for retail cannabis sales. #. 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 Prenty 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 beth Priority Applicants and non Priority Applicants are pending approval by the City at the same time. 5. Permitting Requirements a. In order to obtain a Cannabis Business permit pursuant to this Chapter, an applicant must certify that: 4

CAMBRIDGE CITY COUNCIL Quinton Y. Zondervan City Councillor 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 andror veterans; 4. It consents to unannounced, periodic compliance inspections by City officials of its Cannabis Business, including any Cannabis Business activities it conducts offsite; 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 through the City Manager's Office, 5

CAMBRIDGE CITY COUNCIL Quinton Y. Zondervan City Councillor 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. 6. 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 Department. Applications for Cannabis Business permits shall be obtained from 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. A Host Community Agreement shall be negotiated with the City Manager. 7. 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. 8. Enforcement a. Failure to comply with this Chapter, including a failure to maintain the status of a Priority Applicant, failure to obtain or to comply with the provisions of a Planning Board special permit 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

CAMBRIDGE CITY COUNCIL Quinton Y. Zondervan City Councillor 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, §2ID. 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. 9. 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. 10. Effective Date This Chapter shall take effect on , 2019. 7

CAMBRIDGE CITY COUNCIL Quinton Y. Zondervan City Councillor I1. 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.

ATTACNMENTD 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 to 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: a. 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. In 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 Department. Applications for Cannabis Business permits shall be obtained from 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 to 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

ATTACWMEWT E Statement by Shanel Lindsay to Cambridge City Council - May 9, 2019 My name is Shanel Lindsay: I am a lawyer, a longtime medical marijuana advocate, President of Ardent, a medical marijuana device company, and a member of Massachusetts Cannabis Advisory Board. I have a been a loud and active voice to make sure that the marijuana industry in Massachusetts doesn't leave behind the families and communities impacted by the War on Drugs. I applaud the Cambridge City Council and their work to ensure the economic empowerment candidates get an opportunity to a part of this community. I'm also proud to be part of the executive team for Advesa MA. We are working on our application now to bring a woman-owned cannabis business run by professionals with vast experience in retail sales and product development to Cambridge. Advesa is also an economic empowerment designated business, and my business partners have a long history of hiring, mentoring, and and helping to launch businesses for individuals hurt by the War on Drugs. This isn't just a promise, this is something Advesa has already done, and will do again in Cambridge. As the city discusses priorities around economic empowerment | urge the councilors to keep in mind one statistic — less than 3% of pending and approved license applications are woman owned businesses and 3.1% are minority-owned. I am hopeful that cities like Cambridge will work hard to ensure that these numbers grow.

ATTACHMENTF Lopez, Donna From: Kjersti Rosen <[email removed]> Sent: Thursday, May 9, 2019 8:38 AM To: City Council Cc: Paden, Liza; No_cannabis_at_86_kirkland; Lopez, Donna Subject: Re: Comments regarding cannabis zoning ordinance Me again, with a quick follow up question: A neighbor just emailed me that daycares were included in the buffer zones for Medical Marijuana Dispensaries, but are NOT included in buffer zones for recreational cannabis stores. Can this possibly be correct? Could it really be that this City believes Medical Marijuana Dispensaries should be kept apart from daycares (I agree!) - but it's OK to put a recreational cannabis store next to a daycare? Clearly, recreational cannabis has more adverse effects than Medical Marijuana Dispensaries. Would the buffer zones for medical marijuana not set a precedence for this zoning? Please clarify your position. Thank you, Kjersti On Thu, May 9, 2019 at 12:10 AM Kjersti Rosen <[email removed]> wrote: Dear City Council, I'm writing with comments to the cannabis zoning ordinance. I will try to make the meeting May 9th, but in case I cannot, wanted to write to you also. 2 thoughts: 1. Day care facilities should be added to the buffer zone: Kindergarten and schools are already included, as are playgrounds. Why not daycares? These are our most vulnerable citizens - in very formative years. I find it rather shocking that it's not included. I have heard other cities include daycare facilities in buffer zones, but haven't had the time to verify this. My primary concern is safety for the children. My second is that parents might not send their children to day care next to a cannabis shop - hurting an existing business by letting a new one come in. Have you polled parents of young children about this? 2. Differences between business zoning districts should be considered when deciding where to allow cannabis: In the ordinance No 1404, page 4, section 11.803.1, part a) lists where Cannabis retail stores are allowed. Looks like it's allowed in most, if not all, Business districts. I would ask the City Council to re-evaluate this and only allow cannabis in larger commercial business districts with the infrastructure that can safely support the increased traffic. There are very important differences between what is zoned business districts in Cambridge - both in whom frequents them, and how a cannabis store would impact the surrounding area - in terms of traffic, safety, potential nuisance, and altering the fabric of the neighborhood. Yet the zoning allows cannabis in all of them. I find this very surprising. We have a few large, distinct business districts: Fresh Pond Mall, Harvard Square, Central Square, and Kendall Square. These have a wide range of commercial establishments, and people from all over Cambridge and out of town come

there by car and public transit. There are parking lots to accommodate outside visitors (and the T to Harvard and Kendall). These districts already attract large amounts of shoppers and have the parking infrastructure to support them, for the most part. I believe a cannabis store here would not substantially alter the fabric of a commercial business district - on the contrary, the additional customers might give the other shops more business. By contrast, there are a few very small pockets of Business zoning, where a couple or a small cluster of businesses are rather isolated inside a residential area. The businesses there serve primarily the residential neighborhoods around them; residents walk there and there is usually no or limited parking. These are "walk-to residential neighborhood businesses". There are a few of them scattered around the city, e.g. BA-1 on Rindge Ave, and Broadway, and the BA on Kirkland St. These small "pockets" of "residential neighborhood businesses" do not have the infrastructure to safely deal with a large amounts of shoppers. Roads are narrow and there's limited or no parking. The intent of the original zoning here, I believe, was to serve the neighborhood, more than attract outside shoppers. For example, in the case of the BA on Kirkland; this is where people walk to get coffee, buy meat, go out to dinner, and drop their kids off at daycare - and where we used to wash our clothes until the laundromat closed. It is not a commercial destination the way Fresh Pond Mall, or Harvard Square are. Though it's zoned BA, it does not have the infrastructure to support a lot of outside visitors because there is no parking lot, the narrow streets around it are Resident Only parking, and there is already traffic congestion. A cannabis store here is likely to result in more traffic congestion and accidents. Further, it is likely to fundamentally change the fabric of the neighborhood, negatively impacting the residents' quality of life. Very few of these residents plan on visiting the proposed cannabis store. In fact, the street next to the proposed cannabis store, Myrtle Ave, is full of families whose kids play in the street while the parents hang out and socialize. The increased traffic would put a damper or a stop to that and increase the danger of kids being hit. I strongly believe cannabis stores belong in business areas where: 1. There is infrastructure to support the increased traffic (wide enough roads, adequate parking). 2. The cannabis stores are unlikely to negatively impact the quality of life of the neighborhood's residents (traffic, noise, safety, crime, nuisance, change of neighborhood fabric, etc.) Cannabis stores fit in the bigger commercial business districts. Or as part of the redevelopment of the formerly industrial area past Fresh Pond, North of Concord Ave. A cannabis store is not a fit for a residential area, where the existing businesses primarily serve residents and the cannabis store would (most likely) negatively impact the quality of life for its residents. Above all, I don't think a cannabis store belongs next to or across the street from a large daycare facility. Not 2 blocks from the high school either, for that matter (my 14 year old son is making lots of jokes about edibles these days). I'm not sure exactly how one would amend zoning to include those thoughts. Is there a way to rezone these "small pockets of walk-to neighborhood businesses in residential areas" and not allow cannabis there? And only allow cannabis stores in the larger commercial districts with infrastructure that can safely support them? I apologize for my limited understanding of the code, but with full time jobs and kids I haven't had time to research this as well as I would have liked. Apologies for any mistakes also. In closing, I'd like to express my regrets to Vice Mayor Jan Devereux for the angry tone of some people at the meeting at 86 Kirkland. I truly wish she had stayed to hear from those of us who were, well, more measured, and had important points to make... It is my hope that this City Council (despite its obligation to allow cannabis somewhere in our City and the temptation of the additional tax revenue) still values the uniqueness of our neighborhoods and wishes to preserve them for Cambridge residents. I'd encourage you to stop by Myrtle Ave on a mild afternoon / evening and say hello to the 2

families and kids who often hang out outside (it happens rather spontaneously when the weather is good, and we often have 5-8+ families out there). I think that, if you saw how special the community on Myrtle Ave is, you'd understand why so many of us are worried about the traffic from a cannabis store changing it. Thank you for your consideration. Kind regards, Kjersti Rosen Parent to Maya (12) and Xander (14) 41 Magnolia Avenue Unit 2

ATTACHMENTG Lopez, Donna From: david whelan < [email removed]> Sent: Thursday, May 9, 2019 11:16 AM To: Lopez, Donna; City Council Subject: proposed retail marijuana shops on Mass. Ave. Dear City Council, I am writing to express my very significant concern about the consideration of two marijuana retailers on Mass. Ave., one in the space currently occupied by Stereo Jacks, and the other in the space formerly occupied by Evergood Market. These locations are within one block from multiple child and adolescent psychotherapy practices (one of which is my own), the Cambridge Guidance Center, and a pediatric dental practice, and other child-serving establishments. While the zoning rules do not seem to prohibit locating such an establishment in the proximity of such places, I and others connected with these practices have significant concerns about marijuana sales occurring so close to our patient populations. It is further worth noting that there are college dormitories as close as across the street from the proposed establishments, housed by students under 21. • Whatever agreements the establishments are to be held to, the fact is that the clientele cannot be expected to respect the neighborhood in anything like the same way. It is my understanding that a neighbor of one of the retail stores in Brookline reports the following: A significant increase in: 1) visual sale to minors within the vicinity of the store 2) Significantly more trash--as in pot wrappers 3) Significantly more smoking outside on the streets and use of playgrounds as smoking areas. and that as a result, the police are needing to add more police officers to patrol the neighborhood (Brookline Village and the playgrounds). In this case, it will not be at all surprising if the Sacramento Playground and the one beside Baldwin Street become used for consumption. As a clinician, it is also impossible to believe that there will not be second-hand sales to minors. This threatens the safety and character of our neighborhood in numerous ways, including things as basic (but non-trivial) as congestion. I urge the Ordinance Committee to prohibit the opening of retail shops in this very problematic location. Sincerely, David Whelan ******************* David A. Whelan, Psy.D. Licensed Psychologist 1679 Massachusetts Avenue, 2nd Floor 1

Cambridge, MA 02138 [phone removed]

H ATTACHMENT Lopez, Donna From: Sieh Samura <[email removed]> Sent: Thursday, May 9, 2019 2:59 PM To: City Council Cc: Lopez, Donna Re: Cannabis Ordinance Subject: Greetings, I am a local Operation Enduring Freedom and Operation Iraq Freedom combat veteran, and certified Economic Empowerment applicant that just happens to live in Boston. I served in the Massachusetts Army National Guard which of course serves all 351 cities and towns in the Commonwealth. I do not support the so-called "Cambridge Social Equity Plan" as it actually appears to be a proposal designed to weaken cannabis market equity in The Commonwealth, by prioritizing locals over certified Economic Empowerment applicants. If there was any impression put forward to the council that me or people like me are for this proposal, please understand, in the strongest way, that this is not the case. I and other Economic Empowerment applicants would not support this proposal because it undermines our efforts to create equity, and weakens the states efforts to realize a healthy market. I am writing to address the proposal that was introduced this evening, to prioritize locals from Cambridge over certified Economic Empowerment applicants. It is unfortunate that certified Economic Empowerment applicants are forced to compete with other social equity programees and I was not going to address the council again on this issue, as I thought that the draft ordinance that had already been prepared previously was thoughtful enough to warrant moving forward. Some entrepreneurs would rather have licensing and permitting priority over Economic Empowerment applicants that are certified by The Cannabis Control Commission under 935 CMR 500.00 in the business districts of Cambridge. This would be convenient for a few, but a serious mistake, as it would immediately and directly undermine the Economic Empowerment program that the voters of this state and The Cannabis Control Commission have put in place. Every resident of Cambridge, MA had the opportunity to apply for Economic Empowerment priority from the Commission. I would just like to remind The Council, that Certified Economic Empowerment applicants have been designated by the state to have priority over other licensees/ license types. This includes local residents of Cambridge. Cambridge is not a recognized disproportionately harmed community by The Commonwealth or the Cannabis Control Commission. Please see official list of disproportionately harmed communities with link. https://mass-cannabis-control.com/wp-content/uploads/2018/04/FINAL-DRAFT-Areas-of-Disproportionate-lmpact-1.pdf Please see Equity Provisions http://mass-cannabis-control.com/wp-content/uploads/2018/03/UPDATED-Guidance-Summary-of-Equity-Provisions-with-6th- criterion-added-1.pdf Putting local residents before Economic Empowerment applicants (or Social Equity applicants) undermines the voters and the priority status that the Commonwealth has already determined. There was a lot of thought and intention put into the Economic Empowerment priority and we have yet to see it truly honored in municipal licensing for cannabis in Massachusetts. This should not be done away with in a city ordinance. Despite the proposals of locals that aspire to enter the local business environment. Please support the voters efforts to create social equity in The Commonwealth and recognize Economic Empowerment priority as called for in 935 CMR 500.00 Thank you for your time. S. Samura https://www.mass.gov/regulations/935-CMR-50000-adult-use-of-marijuana 1

ATTACHMENT I REVISED TEXT COUNCILLOR ZONDERVAN'S AMENDMENT 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 to 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 applicable state laws and regulations. (NOTE NO VOTE WAS TAKEN ON THIS CLERICIAL ERROR) 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 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: a. 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. Those who qualify as Group B priority applicants cannot also qualify for Group A. 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 The City shall issue a Cannabis Business permit pursuant to this Chapter only to Priority Applicants. 5.50.050 Permitting Requirements a. In 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; 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 no 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 through the City Manager's Office. 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 Department. Applications for Cannabis Business permits shall be obtained from 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. A Host Community Agreement shall be negotiated with the City Manager. 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 to comply with the provisions of a Planning Board special permit 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.