Town bans pot shops, rejects medical moratorium
By Mike BergerBy the slimmest of margins at last Wednesday’s final session of annual town meeting, Canton voters approved an all-out ban on the retail sale of marijuana, outlawing recreational marijuana establishments in all zoning districts within the town.
With a two-thirds approval needed in order to amend the zoning bylaw, the article just squeaked by with 70 percent of the vote — five more than the minimum with a total tally of 100-42.
Earlier in Wednesday’s session, voters rejected an alternative motion submitted by Selectman Mark Porter that sought to extend the existing temporary moratorium on marijuana sales through June 30, 2019. Porter, speaking as a resident and not in his capacity as a town official, argued that the town should allow time for further study and wait to see how other towns that have approved the sale fare over the next year.
Porter added that marijuana sales would generate tax revenue for the town, noting that Sharon — which opted for regulation rather than prohibition at its own town meeting in early May — could take in an estimated $1.5 million in the first five years and $750,000 annually after that. Porter also cited a widely reported study that found that pot usage among teens in Colorado declined sharply in the years following legalization in that state.
Canton resident Alan Hines, speaking in favor of Porter’s motion for a moratorium, said that voters in Massachusetts had already spoken with their approval of the 2016 ballot initiative. Hines said he would prefer a more controlled environment for marijuana sales rather than people buying it “off the streets.” He also felt that Canton should take the next year to study the issue and see what is needed in terms of additional resources for police officers and emergency response personnel.
Among those who spoke in support of the ban was Fire Chief Charlie Doody, who also chairs the Canton Alliance Against Substance Abuse (CAASA). Doody expressed concern about youth gaining easier access to marijuana, which he characterized as harmful to a young person’s developing brain and a potential gateway to more dangerous drugs such as opioids. “There are costs to opioid addiction and I prefer it not be here in Canton,” he said.
Resident and CAASA member Harriet Burak also spoke in favor of a ban and against the idea of a moratorium. “This is just bad for kids,” she said.
Gene Manning, head of the Canton Economic Development Committee, said that the town has a strong commercial tax base and several new projects in the pipeline and does not need to rely on marijuana sales for tax revenue.
In the other major vote of the night, resident George Comeau’s motion calling for a temporary moratorium on the construction of new hospitals, convalescent or nursing homes garnered considerable support, but it was not enough to secure the necessary two-thirds vote.
The moratorium proposal was the lone article on a special town meeting warrant that led off Wednesday’s session. Although filed several weeks prior with the support of the Board of Selectmen, the discussion at town meeting came on the heels of a decision by the Zoning Board of Appeals to uphold a prior ruling by Building Commissioner Ed Walsh regarding a proposed substance abuse detoxification facility on Turnpike Street. Walsh had determined that the facility did not meet the definition of a nursing or convalescent home as defined in the town’s bylaws. The ZBA agreed with Walsh’s position that the proposed facility, a Medically Monitored Inpatient Detox (MMID), is separately defined and subject to a specific regulatory framework as outlined under state Department of Public Health regulations.
ZBA Chairman Greg Pando reiteritated on the floor Wednesday night that Town Planner Laura Smead was working on new zoning legislation that would address the need for MMID facilities and similar services in Canton.
Comeau said his motion was not directed at the proposed 48-bed inpatient detox center at 225 Turnpike Street, which is the current site of the Bay State School of Technology. He said his purpose in submitting the article was to give the town a reasonable amount of time to study and plan for further regulation of such medical uses. He said the current bylaw is not adequate and does not contain proper definitions for a hospital or convalescent or nursing home.
Attorney Paul Schneiders, speaking in opposition to the moratorium, said he represents a client who would like to help solve a serious community problem. Schneiders reported that in 2016, there were 2,083 confirmed deaths from opioid overdoses in Massachusetts, including six deaths in Canton. He said that even when there are no deaths, the suffering that substance abuse causes individuals and their families is staggering. He argued that the town has the professional resources to undertake a serious study of where such treatment facilities should be located and that it could be completed within a short period of time.
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