The City Council next week will be asked to impose a moratorium on recreational marijuana retailers until July 31, 2018 or until the city establishes an ordinance to regulate the industry.
“That was just to give the Council the time it needs to review the state law, get advisory” opinions about the law, Council President Kevin A. Jourdain said Tuesday at City Hall. “You’re going to need time to do all this.”
The Council Ordinance Committee voted 5-0 to recommend that the full Council on Aug. 1 establish a moratorium on the recreational marijuana industry until July 31, 2018 or until local regulations are installed.
The goal of the moratorium is to give officials time to write local regulations for an industry new to the state, officials said.
Voters in Massachusetts approved the recreational marijuana law  in 2016. But lawmakers and Gov. Charlie Baker immediately put a hold on the measure in the interest, they said, of crafting laws to regulate such new businesses and ensure the revenue from taxation would cover costs of regulations.
The 2016 state law broadly legalized recreational marijuana use for adults ages 21 and over. Marijuana remains illegal at the federal level.
The rewrite that legislators have done to the recreational marijuana law has been sent to Baker to consider.
The voter-approved law called for a 12 percent tax on marijuana, but the lawmakers’ rewrite would tax it up to 20 percent.
The tax rate would consist of a 6.25 percent sales tax, a 10.75 percent excise tax, and a 3 percent “local option” that cities and towns will be able to levy.
Lawmakers delayed the opening of retail pot shops to July 2018, instead of the January 2018 date that voters approved in November. Lawmakers said they needed the time to craft the rewrite and get it to the governor’s desk.
An individual can possess 10 ounces of marijuana inside a primary residence; an individual can possess 1 ounce outside the primary residence, or no more than 5 grams of marijuana concentrate; and an individual can give up to 1 ounce of marijuana as a gift to another person.
A household can have up to 12 marijuana plants inside.
Marijuana smoking is not allowed in public. People can smoke inside their homes, though prohibitions may apply for renters or those living on federally subsidized property.
At the Council Ordinance Committee meeting, some officials and residents argued the Council should avoid a lengthy deliberation about local regulations on recreational marijuana retailers. The city should work to stay competitive with other cities and towns seeking the same revenue since retailers in Massachusetts will be able to open such businesses as of July 31, 2018, they said.
“That’s what we’ve got to prepare for now,” Councilor at Large Michael J. Sullivan said. “Let’s roll up our sleeves, get to work and get it done.”
During the public hearing portion of the Ordinance Committee’s deliberation on the issue, Glenn Shealey of Holy Family Road said making a moratorium on recreational marijuana businesses last until Dec. 31, 2018 would be excessive.
“It shouldn’t take the Council a year and a half to come up with a zoning change,” Shealey said. “The city is in the business of trying to attract businesses to come to Holyoke.”
The Holyoke Planning Board voted unanimously to recommend  that the Council not adopt the order as proposed, when it had called for the moratorium to last until Dec. 31, 2018. Such a long moratorium would hurt the city’s economic competitiveness, the Board said, in a letter read by Ordinance Committee Chairwoman Linda L. Vacon.
Besides Vacon and Jourdain, the Ordinance Committee consists of councilors Rebecca Lisi, David K. Bartley and Diosdado Lopez.
credit:masslive.com
