Lanesborough to Negotiate New HCA With Only Dispensary
LANESBOROUGH, Mass. Due to evolving state regulations, the town must settle on a new or amended host community agreement with its only dispensary.
On Monday, Feb. 24, the Select Board voted to allow Town Administrator Gina Dario to work with counsel towards a resolution. Dario felt that both parties were willing to come up with a practical solution.
Liberty Market, located on North Main Street, has requested a new host community agreement or host community agreement waiver in lieu thereof. The town was sent a notice of non-compliance from the Cannabis Control Commission in January.
"The discussion for the Select Board is whether or not to proceed with either a redrafting of the current host community agreement or a re-negotiation of a new host community agreement that uses a more prescriptive template that is being provided by The Cannabis Control Commission," Dario explained.
A couple of years ago, the Canabis Control Commission (CCC) approved changes to the state's adult and medical use regulations including policies that implement the agency's oversight of host community agreements, new equity requirements, and suitability reform.
"The Cannabis Control Commission is taking the position that changes to the cannabis laws which went into effect in November of 2022 are retroactive and affect pre-existing agreements, such as the one that the town has with Liberty Market," Attorney Nicole Costanzo said.
"Of course, there are some novel legal issues presented as to whether or not the legislative changes do retroactively affect pre-existing host community agreements. It's my understanding that the town does want to work with Liberty Market nevertheless and try and get them a "compliant" agreement for purposes of the Cannabis Control Commission issuing them a license renewal to move forward."
She explained that the town could sign the host community "forever" waiver, sign the CCC's model HCA, or enter into a new HCA with Liberty Market. The current HCA was signed in 2018.
"We have been working with the Cannabis Control Commission staff through negotiations for other host community agreements and we are aware of certain terms that the Commission will approve and won't approve," Costanzo said.
She recommended that the board designate an official to work with town counsel on negotiations with the dispensary, as it is more efficient. A recommendation will be brought back to the board.
Dario was happy to be the designee.
"I've had the opportunity to speak with Nicole on many occasions just to get a better sense of what the policy framework in this debate is. I've also spoken with the representatives of Liberty Market and their council," she said.
"I think ultimately, all parties are amenable to trying to come up with a practical way forward."
Costanzo also outlined new equity requirements.
"The legislature and the Cannabis Control Commission do require that municipalities adopt policies or bylaws in an effort to promote equity in the cannabis industry," she explained.
"Really those policies and requirements deal, for the most part, with host community agreement negotiations."
She and Dario have drafted a social equity plan and a host community agreement policy that creates an application process and procedures. The board has until May 1 to report compliance to the CCC.
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