WILTON — The Planning Board met on Thursday, March 25, to discuss additional proposed amendments to the town’s Adult Use and Medical Marijuana Ordinance, revising the application process, updating definitions and further outlining safety expectations.
During the discussion of definitions, the board raised concern about the ownership stipulation associated with the term “medical marijuana caregiver retail store.” The proposed definition states that the retail establishment is “operated by a single medical marijuana registered caregiver,” but other types of businesses such as a cultivation or manufacturing facility does not require a single operator.
“Actually, several of ours are operated by two people,” board member Michael Parker said about the town’s already existing marijuana retail establishments.
The board will consult with Attorney Sally J. Daggett of Jensen Baird Gardner & Henry law firm who has been rewriting the ordinance.
For the term “plant canopy,” the board expanded the definition to include “a tiered or shelving system” when determining the total surface area of cultivation within a facility.
In Article 9 which details the general application process, the board proposed adding that they reserve the right to require additional permitting if there is a change to a business owner’s original application. The board discussed the possibility of a cultivator expanding and leasing out space to other growers in their facility as an example of an application change.
“I don’t think this is going to come up too much so it’s better to be rigid,” board member Lisa Small said.
The board questioned the attorney’s addition of a confidentiality option for medical marijuana registered caregivers when submitting business applications. Article 10 states that the caregiver must identify themselves to the code enforcement officer, but their identity “shall not be a public record.”
“This is like giving special treatment…nobody else who appears before us would get away with that,” Parker said.
The board flagged the article for Daggett to review.
Article 12 deals with permissible locations for adult use and medical marijuana businesses which states that they cannot be within 500 feet of a school. The ordinance states that the business may continue to operate if a school moves within the buffer zone, but does so at its own risk.
“…the Adult Use marijuana store or a Medical Marijuana caregiver retail store does so at its own risk, and Town-issued licenses, permits or approvals provide no protection or indemnification against enforcement of federal or other applicable laws that may prohibit operation of an Adult Use marijuana store or a Medical Marijuana caregiver retail store near a school,” the proposed ordinance states.
To add a layer of protection, the board proposed adding a stipulation that would work both ways by restricting schools from establishing 500 feet from a pre-existing marijuana business.
In regards to odor control and complaints, the board proposed keeping the requirement that a cultivator may work with the Planning Board and CEO for mitigating complaints.
“So it would give them the opportunity to fix the problem,” board member Gwendolyn Doak said.
The proposed ordinance will state that the odor of marijuana must not be detected beyond the property line.
Under Article 13, Operating Requirements, the board is proposing that all marijuana cultivation and manufacturing facilities with keyed entries must have a Knox Box, a wall-mounted emergency key box. This is to provide the fire department with emergency access to the facility.
Under the same article, the board is also proposing the requirement that operators provide the CEO a notification of any change in the type or amount of hazardous substances on-site. The CEO and fire chief must also be notified of the disposal of hazardous substances. The board discussed applicants providing this information during the permitting process as well.
Amendments and revisions will be sent back to the attorney for review and the board may continue to work on revisions. In November, the board had already made amendments, removing the license-limit restraints for marijuana businesses.
All proposed amendments must go before residents for approval at a special town meeting, the date of which has not yet been announced.
Comments are not available on this story.
Send questions/comments to the editors.
