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Date: 11/8/2022
HOLYOKE – The City Council voted unanimously in favor of seeking authorization from the Cannabis Control Commission to have local inspections of large cultivation facilities completed by local boards of health.
The move comes in response to the death of a Trulieve Holyoke employee back in January who died of occupational asthma due to exposure to ground cannabis in the work setting. The Occupational Safety and Health Administration (OSHA) recently fined the company following investigation of the Holyoke facility following the death.
In their report, OSHA investigators wrote that an employee was grinding cannabis flower to be packaged into pre-rolled joints when she “said she couldn’t breathe.” The report determined that the “employee could not breathe and was killed, due to hazards of ground cannabis dust.”
In June, OSHA fined Trulieve more than $35,000 in connection with the employee’s death. The three violations cited by OSHA are being categorized as “serious” with the agency alleging Trulieve violated regulations requiring that companies maintain a written hazard communication plan, keep safety data sheets on hazardous chemicals and provide information and training on those chemicals.
The motion now goes to the desk of Mayor Joshua Garcia for approval. The measure calls for cannabis mitigation fees to be used to set-up an inspection program in the future that would be conducted by the city’s local boards of health.
City councilors expressed favor for the motion and felt this move would help ensure health and safety regulations are followed. This also helps provide clarity moving forward with the cannabis industry in circumstances like this as the city has continued to see much growth in the cannabis cultivation and retail sector.
“It’s certainly an area that could benefit from more attention,” said Ward 5 Councilor Linda Vacon.
Holyoke has welcomed the regulated cannabis industry since it became legal and have issued over 70 licenses to cultivate, manufacture and retail cannabis products to businesses operating in the district according to data from the state Cannabis Control Commission.
Trulieve is licensed to grow up to 80,000 square feet of cannabis plants at its Holyoke facility and the Florida based company also operates three cannabis retail stores in Massachusetts. They have operations nationwide in 11 states with legal cannabis.
The week prior to the unanimous vote at the Oct. 25 Ordinance Committee’s meeting, Vacon called for state permission to inspect large cannabis cultivation and manufacturing facilities to ensure that provisions for workers’ health and safety are followed.
The order stated: “We (City Council) seek authorization from the (Massachusetts) Cannabis Control Commission to have local inspections of large cultivation facilities completed by our local Board of Health to ensure compliance with health and safety regulations for workers.”
According to Vacon, enforcement falls on the commission who regulates the recreational and medical cannabis industry and added that local inspecting agencies are the Holyoke Board of Health and the Building Commission.
Holyoke Health Director Sean Gonsalves told the committee that outside of local ordinances, the Board of Health could pass regulations to modify or define what cannabis businesses can do. He added the Holyoke Board of Health has “done little” in direct enforcement.
With that being said, the health department participates in the site plan review process before the City Council grants a special permit to operate. The board has not conducted on-site visits or investigations of cannabis manufacturing, growing or retail facilities as Gonsalves said the department lacks the capacity for such inspections and he was denied his request of adding an inspector in fiscal years 2021 and 2022.
“As long as that happens, it reduces my ability to take on additional work and enforcement,” Gonsalves said.
The Office of Planning and Economics informed Gonsalves that the city has granted over 70 special permits to cannabis operators, but some were still awaiting state licensing.
“That is a massive number of inspections,” Gonsalves said, pointing out the lack of capacity the Board of Health has staffed.
In the meantime, the city’s cannabis impact fee allows municipalities to fund enforcement efforts. Gonsalves has submitted a $75,000 request to hire an outside consultant for inspection services. He added it would be worthwhile consideration due to the amount of “saturation we’re going to have of the cannabis industry in Holyoke.”
Gonsalves also noted the whole city could use a longer look into cannabis regulations and enforcement, including financial, delivery and on-site consumption and said no city department has a cannabis industry expect on staff.
Vacon alluded that she was comfortable with Gonsalves and the planning office leading coordinating activities with the Cannabis Control Commission. Her main focus is having local mechanisms to prevent injuries or death at cannabis facilities.
“I want to make sure whatever we do, we’re in the right lane, in our lane and not their (commission) lane,” Vacon said.
Councilor At-Large Kevin Jourdain agreed with Gonsalves’ assessment and consultant hiring recommendation. He added the city has “cast a net” for anyone wishing to launch a cannabis business.
“We do all of this. Meanwhile, we have no infrastructure in place to deal with it once it gets here,” Jourdain said.
Jourdain questioned who was policing the industry even with the common conditions attached to each special permit for cannabis facilities. Gonsalves responded that though the state holds enforcement and regulatory authority, the commission has empowered local communities to “create an additional layer.” He added that while this is true, Holyoke is still lacking the inspectional and investigatory funding.
“We have funding to offset marijuana or cannabis industry-related costs or impact specifically. I can’t think of better uses of that money than setting is aside to hire a consultant specialist,” Gonsalves said.