Dalton Planners Question Need for Cannabis Requirements

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Planning Board last week questioned whether the state is requiring the town to adjust its cannabis bylaws if dispensaries, medical or retailer, and cultivation centers are only permitted by special permit.  
 
The town does not have any dispensaries and has only received a couple of inquiries over the years, which were not pursued aside from the initial phone contact. 
 
To comply with these new regulations, the town might have to change the clause in its bylaws to stipulate that it will only take applications from equitable businesses for the next three years.
 
Board members questioned the need to change its bylaws because there has been little interest in establishing cannabis in the town. 
 
"I don't think we have to do anything with this as long as we don't allow. If we don't allow any cannabis facilities in town, they're not permitted," Planner Zack McCain said during the meeting.  
 
If the state does not require it, the board can revisit changing the bylaw once someone interested in opening a business in town requests it, he said. 
 
The Cannabis Control Commission voted on May 9 to approve a number of regulations in an effort to make it easier for people harmed by marijuana prohibition and enforcement to enter the industry. 
 
"The commission implemented policies and procedures that are helping lower barriers to entry, ease the transition from the legacy marketplace, and harness private sector innovation to speed change," the commission's video on Faces of Equity said. 
 
Opening a cannabis dispensary costs $1.5 million, which was not obtainable by those who were disproportionately impacted by the war on drugs and those from communities with low median net worth. 
 
The Cannabis Control Commission established regulations and programs to help those from the legacy market enter the industry, which was dominated by larger companies for many years following the substance's legalization. 
 
The commission provides municipalities with three options to adopt the commission's model bylaw. 
 
This model has been characterized as having an "unrealistic timeline," containing "questions regarding conflicting governance, various ambiguities and burdensome requirements for cities and towns" by the state Municipal Association and state Municipal Lawyers Association. 
 
"The second is to adopt a bylaw that allows only equity businesses for three years," Town Manager Thomas Hutcheson wrote in the New Cannabis Requirements sheet. 
 
"The third is to create a local process for approving equity applicants on a one-on-one basis and approving non-equity applications only after an equity business has been established, and always ensuring that the number of equity businesses is the same or more than non-equity business." 
 
According to Hutcheson the simplest and more direct solution is the second option, Town Planner Janko Tomasic said. 
 
Due to the limited number of inquiries the town has received, Hutcheson said in the document that he does not see how the second option would harm business opportunities in any serious way. 
 
Background 
 
According to the commission's International Cannabis Policy Study, "cannabis cultivation and use were legal under federal and state laws throughout most of modern American history."
 
From 1850 to 1941, it was also included in the U.S. Pharmacopeia, an official list of public standards for recognized medicinal products. However, with the development of other pharmaceuticals, its use decreased. 
 
Despite that, the 20th century brought social reform that "aimed to reduce recreational use of many substances, including cannabis."
 
The increase in the drug's usage between 1910 and 1920 led to 29 states, including Massachusetts, to pass laws prohibiting the possession or sale of cannabis.
 
From the 1940s to the '70s, there were changes in federal policies criminalizing marihuana use, sales, and cultivation, medical or otherwise. 
 
In 1971, President Richard Nixon declared a "War on Drugs," proclaiming drug use as "America's public enemy number one." 
 
The National Commission on Marijuana and Drug Abuse, which Nixon appointed to study the drug issue, recommended that cannabis be decriminalized, yet the report findings were ignored because "getting tough on crime won votes," the commission said in its video on Faces of Equity.
 
These efforts to combat the supply chain of illegal drugs that contributed to substance use disorders actually resulted in policies and "systematic changes in the criminal justice system that to this day disproportionality impact people of color," the commission's International Cannabis Policy Study said. 
 
"Clearly, a new and better approach is needed, a way to address systemic racism, a path forward to improve not just the lives of affected individuals, but bring economic vibrancy to whole communities," the video on Faces of Equity said. 
 
"Legalizing marijuana was a good start, but just the beginning of a journey towards greater justice and prosperity." 
 
"As of March 2022, there has been significant movement on the federal level regarding cannabis reform," the study said. 
 
However, due to stringent regulations restricting those with drug offenses from being part of the cannabis industry, inflated prices due to the type of business, and financial burdens, the legacy market was pushed aside for larger companies. 
 
"It is, frankly, ludicrous for people in pinstripe suits to pretend that they were experts on selling cannabis when they only got in post-legalization, there are people who have done this and risked their whole lives. How do we lean on the skills of those individuals who were in the legacy market," Tito Jackson, Apex Noire founder and CEO, said in the commission's video. 

Tags: cannabis,   Planning Board,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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