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Date: 6/21/2021
EASTHAMPTON – The Easthampton City Council unanimously passed a zoning ordinance amendment that will allow for the creation of marijuana delivery operators and marijuana couriers throughout Easthampton.
The decision comes after the amendment was unanimously approved by both the Easthampton Planning Board and the Ordinance Subcommittee during their own public hearing back in May.
The amendment explains the associated regulations and categories regarding marijuana delivery operators and marijuana couriers within Adult Use Cannabis Establishments ordinance.
City Councilor Owen Zaret, the main project leader, gave a presentation on what all involved parties agreed on regulation-wise during a public hearing on June 16. The ordinance states that a marijuana delivery operator is someone who can purchase and store wholesale marijuana in a warehouse-type location. The operator would then take orders through a third-party ordering system and deliver the product right to the customers.
The marijuana courier, meanwhile, will be someone who would deliver marijuana goods directly to the consumer from a retail location, rather than from a warehouse-type location. Orders for couriers will also be received through a third-party ordering system.
According to Zaret, the third-party ordering system could be an internet-based application, but those details are still up in the air. “The Cannabis Control Commission (CCC) approved the delivery operator license in November, and couriers have been approved prior to that,” said Zaret. “It was really just a matter of creating local language to bring a permit process forward,” he said,
There will be a 36-month exclusivity period for operator and courier licenses to promote equity in the community. What this means is delivery licenses will only be limited to businesses controlled or majority-owned by Economic Empowerment Priority Applicants or Social Equity Program participants for those first 36 months. The CCC may also extend the exclusivity to other worker-owned cooperatives like women-owned or veteran-owned businesses for a broader scope.
"I had introduced language a couple years ago to expand our retail licenses in equity only licenses, and that kind of hit a snag,” said Zaret. “So, this was an opportunity for the city to show its commitment to cannabis equity.”
The language also allows for delivery to be done in other cities if those other cities have a moratorium on cannabis. “This allows a business in Easthampton to warehouse cannabis and to deliver it wherever,” said Zaret. “As long as the business does well, it helps the reputation of Easthampton and the businesses here.”
Initially, there was supposed to be a cap on the amount of delivery operators that would be allowed in the city. The Planning Board and Ordinance Subcommittee agreed that this was not necessary, however. Operators will still need a special permit, as well as precertification in lieu of a provisional license for the special permit application. The operators will be zoned in Highway Business, Industrial and Mill Industrial. If an operator fleet features more than six vehicles, then hybrid electric, diesel, or electric vehicles must be used in some capacity.
Couriers meanwhile can be home professions and will be allowed by permit for solo operators. A plan approval will be required if there are a fleet of couriers, and they also carry the same environmental and district requirements as the operators.
“I think the retail community is Easthampton has done a really good job making it clear that these are 21 and over businesses,” said Zaret. “I think that may have paved the way for this logical next step for delivery.”
Delivery operations will be allowed between the hours of 8 a.m. and 11 p.m. Product can be delivered after 11 p.m. if an order was made prior to 11 p.m.