Pot: What's legal and what's not

By Dan Mac Alpine

The statewide November referendum vote - that Ipswich passed 4,539 to 4,088 - made recreational marijuana use legal.

Kinda. Sorta. Maybe. Depends.

The Legislature then passed and Gov. Charlie Baker signed a bill in December that will delay marijuana retail outlets until at least July of 2018 and the Board of Selectmen plans to introduce an article at May Town Meeting that would delay retail pot outlets in town until the state sorts out exactly how it will regulate them.

Meanwhile, applications for two different medical marijuana dispensaries on Route 1 continue to work their way through the review process.

The situation leaves a confusing cloud shrouding what's legal and what's not when it comes to pot.
Police Chief Paul Nikas provides a 14-point guest column this week to clarify the marijuana confusion.

"Our goal is to keep our residents and officers safe, and we hope these guidelines offer clarity on what is legal and illegal," said Nikas.

First, it's never legal to drive while under the influence of any drug, be that drug alcohol or marijuana, and it's illegal to have an "open container" of marijuana in a car, although determining who is impaired by marijuana will be difficult for now.

"Convictions will be difficult to prove, if not impossible, as no impairment threshold has been established for cannabis levels in the blood," said Nikas.

Second, very different laws apply to recreational and medical marijuana use and to residents over 21 and those under for whom recreational use remains prohibited.

For example, it remains illegal to use marijuana recreationally in a public area, but legal for licensed, medical marijuana use.

Unless, of course, the public area is on federal property, is a public or private school or a town, government building or is an area that already bans tobacco consumption such as a bar or restaurant
Marijuana use remains prohibited for such places.

Selling marijuana recreationally remains illegal thanks to the state partially delaying the voter referendum legalizing recreational pot, but individuals 21 and over may cultivate up to six marijuana plants in their own homes and give under one ounce of marijuana to another person over 21.

The Board of Selectmen is leaning toward reinforcing the state delay with a local article at the annual May Town Meeting that would ban retail marijuana outlets in town.

"I think the feeling on the Board of Selectmen is to present an article at the annual Town Meeting in May to opt out until the state works out the details," Board of Selectmen Vice Chairman Charlie Surpitski said.

Selling medical marijuana is legal at a properly licensed dispensary and currently two dispensaries are seeking zoning approval for sites on Route 1 and both would still need state approval before they could open for business.

Ipswich Pharmaceutical Associates seeks approval for one site at 31 Turnpike Road and Old Planters of Cape Ann seeks a site at 59 Turnpike Road.

Both applicants received state approval to apply for a local special permit that the Planning Board would grant.

The two sites present different challenges.

The Planning Board members expressed concern over traffic site lines on Route 1 from the proposed entrance and exit, the width of the proposed entrance and exit, fencing and exterior lighting for the Ipswich Pharmaceutical site at a public hearing that the board continued.

The Planning Board also opened the Old Planters application on Jan. 5 and continued it to this Thursday, Jan. 26.

The Conservation Commission scheduled a public hearing for the same application on Wednesday, Feb. 1 because there are wetlands on the proposed site.

Senior planner Ethan Parsons said the Old Planters site was larger than the Ipswich Pharmaceutical site, but didn't have the same entrance issues and would be a 20,000-square-foot stand-alone building.

"Because there is more development happening, the Planning Board will look at with a broader lens," said Parsons, who said the town could approve both sites or deny both sites.

The issues are same as for any proposal, Parsons said: "The principal concerns are access, parking, storm water management."

The state would need to provide the final approval if the Planning Board were to approve either medical marijuana application.

Regardless of what happens with recreational marijuana, it's likely medical marijuana dispensaries will go forward, if not in Ipswich then elsewhere in the commonwealth.

"It's the advice and guidance we plan to give," said Spencer Kalker, Old Planters CEO. "The type of marijuana, the strength, the use. We plan to hire a nurse to help patients."

A retail marijuana outlet wouldn't likely provide such services to patients who seek help to mitigate cancer treatment effects or who need help with managing chronic pain.

Kalker said he planned to provide marijuana for legitimate medical purposes, something in line with Nikas' view.

"We encourage all residents to be smart about marijuana use," said Nikas.