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Northampton City Councilors eye ordinance on dispensary cap

Date: 12/19/2022

NORTHAMPTON – An ordinance that would place a cap on the number of retail cannabis establishments in Northampton was officially introduced to the full City Council during their Dec. 15 meeting.

The ordinance states that the commissioner of Northampton’s Department of Health and Human Services is calling the city to institute an “upper limit” on the number of retail cannabis establishments in the city.

“In accordance with Mass. Gen. Laws, c. 94G, § 3 (a)(2), there shall be no more than twelve (12) retail marijuana establishments in the city of Northampton,” reads the ordinance.

Background

The conversation for a marijuana dispensary cap was ignited after some public outcry about a proposed cannabis retail store planned for 143 Main St back in the late summer. At the time, the city featured a cannabis market with 12 dispensaries.

When this was discussed in 2018, the council decided to not institute a cap on dispensaries in the city, but after some public opposition to the proposed Florence shop, to the point where a petition against the proposed dispensary was circulating on social media, the council decided to reconsider a cap in future cannabis discussions through their various committees.

The City Council could at any time institute a cap on host community agreements, which are the state-required sign-off documents from local government that allows a business to seek a license in the cannabis industry. In fact, the city considered putting the cap at 10 dispensaries when they conducted discussions in 2017 and 2018.

When the Florence shop – named Euphorium LLC – was proposed in the summer, residents living in that area expressed opposition to the idea of a dispensary in their neighborhood, citing concerns about cannabis addiction, their suspected influence of cannabis on children and families in the area, as well as a belief that 12 dispensaries are more than enough.

As a result of these concerns, the City Council invited different experts and panelists across their committee meetings to discuss what effects the cannabis business has had on Northampton since the city’s first dispensary opened in 2018.

Eventually, Mayor Gina-Louise Sciarra decided to not sign the host-community agreement with Euphorium LLC and said that the proposed location was “not best for Florence’s future economic viability.” The mayor must sign a host agreement for a dispensary to move forward in Massachusetts.

The shop, which is currently allowed by right in the Florence Village, would have been managed and owned by the father and son duo Marco and Richard Aranzullo, two longtime residents of Connecticut, while Blue Skies Unlimited affiliate and 20-year resident of Florence Ezra Parzybok would have been the consultant on the project. Parzybok is also a social equity applicant in Massachusetts; with over 35 successful state submissions of retail, cultivation, independent testing laboratory and manufacturing licenses, and has been a social advocate for medical cannabis since it became legal in the state a decade ago.

“I appreciate that the mayor broke her months-long silence on this issue and am well aware of the political gravity of the situation,” said Parzybok, in a statement to Reminder Publishing after Sciarra declined the agreement. “Regardless of whether it could be determined that the mayor is violating the ordinance or spot zoning in her decision, I feel she has made it clear she has respect for the cannabis industry and concerned citizens. As a resident, parent and business owner in Florence, the episode has inspired me to bring more cannabis education to communities in order to dispel one-sided opinions of this complicated plant held by parents, doctors and users alike.”

Fast forward a couple of months later, and it appears the city is officially beginning to reckon with the possibility of a cap. Since those committee discussions, The Source – a dispensary on 58 Pleasant St. – officially closed, making it the first marijuana shop to shut down since the first legal adult use dispensaries opened in 2018.

City Council

Although a cap of 12 was presented to the City Council, owner applicants who qualify as social equity candidates as defined by the state’s Cannabis Control Commission, would be exempt from this ordinance.

According to councilors, the ordinance would also not apply to a retail establishment or proposed retail establishment for which a lease agreement for a Northampton property has already been signed. This would also not include future consumption or delivery sites.

The ordinance was presented during the meeting upon the recommendation of Councilors Karen Foster, Marianne LaBarge and Rachel Maiore.

“One of my motivations is to support local businesses,” said Maiore. “I’ve talked to many of our local cannabis retail owners, and they are very much in favor of a cap.”

Many councilors made it clear that this is not a referendum against the general consumption of cannabis.

“I’m not entirely sure where we’ll go with this, but this is something that feels like a conversation in the work for the council and the committees to be able to look at this and consider,” said Foster. “It feels valuable as a council that we look at this and consider it now that we have retail cannabis establishments in Northampton.”

LaBarge said that a cap of 12 is reasonable and added that the amount of calls she has received about instituting a cap is “unbelievable.”

“I’m proud to support this and I’d like to see it go to different committees,” said LaBarge. “That is extremely important; councilors working together to make something very valuable for everybody here in the city.”

The council officially moved this discussion to a future Legislative Matters meeting for further consideration.