Much is unclear about recreational marijuana use

By Peggy Aulisio

FAIRHAVEN - Voters approved the recreational use of marijuana in a ballot question Nov. 8, but that doesn't mean everything is clear cut, town officials told selectmen on Dec. 19.

Police Chief Michael Myers said anyone age 21 and older can possess up to 10 ounces in the home and can cultivate up to six plants in a household per individual or 12 by household. But other aspects will have to be resolved "down the road," the chief said, like who can sell marijuana. He said the state legislature is still ironing out some aspects of the new law and that the state is expected to issue clarifications by next fall.

In answer to a question, the police chief said it's not going to be easy for police to deal with people whose driving may be impaired because they have smoked marijuana because there is "now no way to test for it." He said tests are being developed, however.

Selectman Daniel Freitas said, "It's a quagmire that's been handed us," as far as determining if someone's driving is impaired by smoking marijuana and for police having to count marijuana plants in someone's home. Freitas said there are problems now with heroin use in the community.

"There are a lot of concerns out there," Chief Myers said. He said marijuana in edibles "can be dangerous" because of the percentage that's pure.

Town Planner William Roth said a medical marijuana facility, such as is being planned in Fairhaven, will be allowed to sell marijuana for recreational use, but other places will need a retail license to sell it. He said the town could limit sales to the overlay district that was established as part of the permit process allowing the medical marijuana facility to operate in town.

Roth said the changes on marijuana sales that come under the Planning Board's jurisdiction will be on its Jan. 10 agenda. He said at that meeting, the board will be discussing a moratorium on marijuana sales at retail establishments. Any moratorium would have to be approved at Town Meeting, Roth said. He said the purpose would be to have a moratorium until the state issues its guidelines.

Board of Health member Peter DeTerra said the new marijuana rules will be discussed at that board's next meeting; he said the health board plans to do community outreach.

As far as other aspects, Roth said the town could institute a local tax on marijuana saies. Town Administrator Mark Rees joked, in that case, "I guess I'll be changing my revenue projections."

Audience members had questions, including whether someone could smoke in public, such as at a beach near children. Chief Myers said smoking marijuana will not be permitted in public places, only in one's home or in someone else's home.

As far as smoking outdoors on private property, Chief Myers said it is permitted but that the police can "decide if it's a disturbance to a neighbor."

Select Board Chairman Charles Murphy said the whole issue of recreational marijuana use is going to be "an ongoing learning" experience.