Marianne LaBarge City Councilor | Ward 6 | Northampton, MA

WARD 6

         CITY COUNCILOR

MARIANNE LABARGE

Text Box: Proposed Ordinance to Limit the Number of Cannabis Retailers in Northampton

Councilor Karen Foster, Councilor Rachel Maiore, and I, Councilor Marianne LaBarge have introduced an ordinance to City Council that would limit the number of retail cannabis shops in Northampton, with some important exceptions.  When we submitted our proposed ordinance, there were 12 retail cannabis shops in operation.  Since then one, The Source, has closed.
The following is the ordinance as proposed:
City of Northampton 
MASSACHUSETTS 
In the City Council, December 15, 2022 

Upon the Recommendation of Councilors Karen Foster, Marianne LaBarge and Rachel Maiore 
22.201 AN ORDINANCE LIMITING THE NUMBER OF 
RETAIL CANNABIS ESTABLISHMENTS IN THE CITY OF NORTHAMPTON 

WHEREAS, the Commissioner of Northampton’s Department of Health and Human Services has called for the City to institute an upper limit on the number of retail cannabis establishments in the City, and 

WHEREAS, the pursuit of social equity is a core value consistently expressed by both our Municipal government and community members, 

NOW, THEREFORE, be it ordained by the City Council of the City of Northampton, in City Council assembled, as follows: 

Add the following to the Code of Ordinances as Section _XX: 

A.	 In accordance with Mass. Gen. Laws, c. 94G, § 3 (a)(2), there shall be no more than twelve (12) retail marijuana establishments in the city of Northampton. The limit shall not apply to marijuana establishments other than those operated by a “marijuana retailer” as that term is defined in Mass. Gen. Laws, c. 94G, § 1. 

B. 	The following shall be exempt from the limitations set forth in this ordinance: 

1. Owner applicants who qualify as Social Equity Candidates as defined by the Cannabis Control Commission of the Commonwealth of Massachusetts shall be exempt from this ordinance1. 

2. This ordinance shall not apply to a retail establishment or a proposed retail establishment for which a lease agreement for a Northampton property has been signed as of the effective date of this ordinance. 
The ordinance that we proposed has two components:
Set a limit of 12 retail cannabis establishments in the City
	There is an exemption included for businesses that already have a signed lease agreement and have already begun working through the process to open
Exempts social equity program applicants, as defined by the Cannabis Control Commission (CCC), to promote equity in the local retail cannabis market
Currently only one of Northampton's retailers would qualifies under the CCC's social equity guidelines
Hearing from people in the City, they have strong arguments both for and against an ordinance that would limit the number of cannabis retailers in Northampton.  In 2018, when the City Council first considered whether or not to cap the number of retailers, the proposed ordinance did not pass because the Councilors felt there was not enough research to support the cap, and the majority opinion of the Council at the time was that the market should decide how many cannabis retailers the City could support.  Additionally, there was a concern that limiting the number of cannabis retailers in the City could decrease important tax revenue and lead to a secondary market with inflated license values.

The legalization of cannabis for medical and adult recreational use is an important step to begin unraveling harms of a decades-long "war on drugs" that has led to widespread criminalization of marginalized communities.  The tax revenues are significant for our city, and local cannabis retailers have occupied previously empty storefronts and become valuable members of the business community.

At the same time, there are public health implications of a market without limits.  The research is clear that for adolescents who use cannabis, the impacts on their developing brains are greater than for adults.  Below are just three of many links available on the impact of cannabis use on adolescents:

PBS:  The Effects of Cannabis on the Teenage Brain
National Library of Medicine:  Effects of Cannabis on the Adolescent Brain
Centers for Disease Control:  What You Need To Know About Marijuana Use and Teens

One factor that may contribute to adolescent cannabis use is how many retailers are in the community.  National and local data show a correlation between the number of dispensaries in a community and increased youth use.  Locally, we are fortunate to have The Collaborative for Educational Service's Strategic Planning Initiative for Families and Youth (SPIFFY), researching youth substance use. I am very grateful to Caroline Johnson, PhD, who is SPIFFY's Public Health Data and Evaluation Specialist, for sharing with me the charts below that reflect some of SPIFFY's current research on youth cannabis use in Northampton.  The four charts below illustrate:

Adolescent cannabis use is higher in Northampton than national averages.
Teens in Hampshire County school districts with 5+ retailers (like Northampton) report greater cannabis use than districts with fewer retailers.
Northampton teens are more likely than teens countywide to report that legalization has made them more likely to use cannabis and has increased their access
An increase in calls to MA Poison Control for cannabis related exposures






















































Please attend the City Council Committee on Legislative Matters on Monday, January 9, 2023, 5:00 pm. This is your opportunity to have your thoughts heard.  This ordinance will be on the agenda.  Meeting information, including the agenda and zoom link, will be posted at this link.  I have also posted the agenda below.  You can find the zoom information in the agenda.
Committee on Legislative Matters
and the Northampton City Council

Members
Councilor Alex Jarrett, Chair
Councilor Marissa Elkins, Vice Chair
Councilor Stanley W.. Moulton, III
Councilor Jim Nash
MEETING AGENDA
Date: January 9, 2023
Time: 5 p.m.
Video Teleconference

The January 9, 2023 Legislative Matters Committee meeting will be held by remote participation. The
public can join the virtual meeting by phone or by computer. The meeting will be recorded for later
broadcast on Comcast Channel 15 and uploaded to the Northampton Government Video Archive on
YouTube.
Live public comment will be available using zoom link or telephone call-in beginning at 5 p.m.
INSTRUCTIONS FOR CALLING IN OR JOINING THE MEETING
PUBLIC MEETING LINK
For telephone call-in, call:
+929 436-2866 US
MEETING ID: 897 5659 8600
PARTICIPANT #: #
PASSCODE: 279513


1.  Meeting Called to Order and Roll Call
2.  Announcement that meeting is being audio/video recorded
		This meeting is being audio and video recorded.

3.  Public Comment
4.  Approval of Minutes of Previous Meeting
	A.  Minutes of December 12, 2022
5.  Items Referred to Committee
	A.  22.201 An Ordinance Limiting the Number of Retail Cannabis Establishments
	      In the City of Northampton, referred by City Council - 12/15/2022

	       Documents:

22.201 An Ordinance Limiting the Number of Retail Cannabis Establishments in the City of
Northampton.pdf

B.  22.220 An Ordinance Relative to Parking on Hawley Street, referral by City
Council pending - 1/5/2023

      Documents:

22.220 Hawley Street Parking Schedule.pdf
22.220 An Ordinance Relative to Parking on Hawley Street.pdf

C.  22.221 An Ordinance Relative to Stop Signs on Middle Street, High Street and
Clement Street, referral by City Council pending - 1/5/2023

     Documents:

22.221 An Ordinance Relative to Stop Signs on Middle Street, High Street and Clement
Street.pdf

New Business

Adjourn
I welcome your thoughts as well, and you can reach me by email at mlabargeward6@aol.com. (413 584-7937)  You can also share your thoughts with the full City Council by emailing citycouncil@northamptonma.gov.  Laura Krutzler, Administrative Assistant forwards emails received at that address to all the councilors.