Medical marijuana dispensary zoning should reflect state changes, CEO says
Alternative Therapies Group in Salem opened its doors in June and became the first medical marijuana dispensary in Massachusetts. (Photo: Sandy G. via Yelp)
Before Sage Cannabis can sell medical marijuana in a below-ground retail space between Harvard and Central squares, it has to sell city officials and residents on why it’s a good idea.
According to rules adopted by the city in 2013, dispensaries are supposed to be limited to two “medical marijuana overlay districts” in the Alewife and NorthPoint neighborhoods. Those zones have never been used, despite 79 percent of city voters saying a year earlier that they wanted a medical marijuana dispensary in Cambridge.
In seeking new zoning that would allow a dispensary at 1001 Massachusetts Ave. in the Mid-Cambridge neighborhood, Michael Dundas, chief executive of Sage, is arguing that a radical rethinking of pot rules at the state level makes Cambridge’s medical marijuana overlay districts outmoded.
“At the time, what became the [medical marijuana] zones seemed to be a good fit,” Dundas said. “But the [state] process has changed.”
Change in approach
Snow
Medical marijuana was legalized statewide in November 2012, but the structure put in place by the Department of Public Health to approve a few dispensaries in each county resulted instead in knocking almost all applicants out of the process. “What it was doing was weeding people out,” said Nichole Snow, executive director at the pro-medical marijuana Massachusetts Patient Advocacy Alliance, a nonprofit based in Salem. The number of applicants plummeted to 20 from more than 180, she said, “and only nine came out the other side. It was not fair to patients.”
Snow credits the administration of Gov. Charlie Baker with driving change, so that now more dispensaries are able to open – including a facility already being built by Sage to grow and sell medical marijuana in Milford in Central Massachusetts. (Sage used to be called Milford Medicinals).
Scott Zoback, a spokesman for the state agency, gives more credit to a willingness to listen to criticism from outside government. “One of the things we heard is that there was need for a process that was more transparent, where the steps were easier to follow, that was based more on judging applicants on the same standards and occurs more on a rolling basis, so we would examine applications as they come in rather than as one big group,” Zoback said. “It’s important to remember that this is still a very new process. [Baker predecessor Gov. Deval Patrick] all along said he thought the medical marijuana program needed to be reviewed.”
Cambridge’s zoning reflected the rules promulgated at the state level, including the belief that each of up to 35 dispensaries would serve a region, not just a city, and should be accessible by highways and other major transportation routes. Now the number of dispensaries that can open is unlimited and the state mainly wants to see that a community isn’t opposed to a applicant, Snow said. Originally there was a belief all dispensaries would grow marijuana onsite and be “seed to sale”; Sage is among those that get product delivered from another site.
Spot zoning out
Dundas came before the City Council in November and found some support among officials for applying the principles of the Alewife and NorthPoint zoning – such as being more than 500 feet from a school or other place children gather – anywhere in the city.
But even councillors expressing interest in the dispensary and concern that the overlay districts weren’t working, such as vice mayor Marc McGovern, hesitated over Dundas’ request for an exemption from the zoning for only 1001 Massachusetts Ave.
“I would like to get a legal opinion on the ‘spot zoning’ aspect of this,” McGovern said.
New zoning Dundas has prepared with attorney Sean Hope for Monday’s meeting of the council eliminates that problem by making the existing business zoning between Harvard and Central squares – which includes 1001 Massachusetts Ave. – into a Medical Marijuana Overlay District where the rules of the Alewife and NorthPoint areas can apply.
The zoning was written with the consultation of the city’s Community Development Department, and Dundas and Hope described themselves as “in the middle of our outreach” to councillors and neighborhood groups.
“The zoning needs to be based on some kind of rational criteria,” Hope said. “It’s fortuitous that this section of Mass. Ave. actually has the business zoning, and it’s a district that allows a host of commercial retail uses as of right. It also is very limited in the impact it could have.”
“This has the benefit of being more localized and not within the Harvard or Central Square zoning districts,” Hope said.
Patient perspective
Beyond knowing that an applicant is in compliance with local laws and has either acceptance from a community or isn’t opposed by it, the state has no role in siting a dispensary, said Zoback, calling zoning that changes to match how the state has changed its approach a “community-by-community decision.”
But Snow said Dundas’ zoning proposal was sound from a patient perspective. “Patients need access, so they’ll be looking for locations that are central and accessible to public transportation,” she said. “We want lots of dispensaries and need them, because we only have four [statewide]. The calls I get are about patients traveling for miles, for hours and hours, so I’m really grateful for anyone who tries to open one in Cambridge.”
Mike Crawford, a WEMF radio host and marijuana advocate known as Mike Cann, agreed that the Mid-Cambridge location was a great one for people like himself who need access to cannabis to treat painful, stubborn medical conditions – and who, despite being granted the legal right to have it, simply can’t get to it.
“We need a location that’s open to help patients who are still, after all this time, looking on the black market. I’m still not getting my medicine from a licensed dispensary,” he said. “We want to see it T accessible so everyone can get to it. There are a lot of people who want access and nothing close, even with a few opening [around the state]. That’s why I think it’s a great location.”
We do not need a marijuana clinic anywhere near Central Square. And what happens when voters legalize recreational marijuana? The clinics will be ready to open shop to all comers on Mass. Ave.
John S.,
These dispensaries are medical clinics, not head shops. They look, feel and operate like a doctor’s office. Maybe we should get rid of all doctors, dentists and pharmacies in Central Sq. as well, since they stock pile drugs? No one is allowed in the clinic unless they have a medical marijuana card, so people won’t be able to just walk in off the street. The security is tremendous. The people who use medical marijuana are not drug dealers or addicts but people who are suffering from chronic illnesses. The type of marijuana used for medical purposes does not have THC or the “euphoric” aspect, it also more expensive then street marijuana and you have to prove a chronic illness in order to get a card. This is not going to be a place where “drug users” or dealers are going to go to get their supply. The research also shows that drug use goes down in areas that have medical marijuana dispensaries because of the security measures. The question on the ballot to legalize marijuana would not allow medical marijuana dispensaries to sell recreational marijuana and would require a whole new zoning and permitting process.
I would like to edit my above statement. I don’t want to put forth misinformation and it appears I made a mistake based on some incorrect information I was given. It turns our that THC is not taken out of medical marijuana. That information came from a previous presenter to the Council who said that he was growing marijuana without THC. That is not true in all instances. So I stand corrected on that part, but the rest of my statement holds true. Sorry for the incorrect info.
Thanks, Marc, for holding the line on this important issue and taking the time to thoroughly understand the facts, unlike the thoughtless commenter you were responding to.
The strains used as medicine ideally have low THC and high CBD (another compound linked to therapeutic effects) — that’s probably what the presenter was referring to.
Frank, just because you disagree doesn’t make the commenter wrong or Councilor McGovern right. There has been a pervasive policy that needs to be stopped dead in its tracks that leads politicians to jam every last service into Central Square that West Cambridge doesn’t want. Central Square and the surrounding area is home to 90% of all services in the city. Now, if the city responded accordingly and gave more resources to manage the over burdened area I might feel different about this, but they don’t. Not only do they not put forth enough resources they systematically remove those few economic drivers that have helped curb public opinion about Central Square (see: Riverfest and Jazzfest). Medical Marijuana may be a serious issue, and we have two perfectly viable zones already designated for its distribution. North Point isn’t even built out yet and will have 10’s of thousands of commercial square feet that could be used for this facility. You can also bet that DivcoWest will be coming to the planning board and council seeking relief for something or another and will present an opportune time to get a medical marijuana facility or whatever else the city may need. I want Councilor McGovern to plainly state what every business owner and property owner and family in Central Square already knows; No one gives a rats ass about you, anything you do to better your condition will be met with an expansion of facilities like Caspar, the needle exchange, 100 more beds at the church on Hancock for methadone patrons, or further expansion of the Salvation Army or maybe even a needle free facility where drug addicts can commit suicide unabated by federal and state law (has been mentioned)… and that essentially Central Square isn’t a Cultural District, it isn’t a place for families or commerce, its simply a dumping ground for things rich people dont want in their neighborhoods because transients, poor people, and the middle class ultimately don’t mean a god damned thing to this city. To be clear this isn’t about medical marijuana, its about equity, justice for this area and the people who live here. The facility itself maybe benign but the policy of throw it all in Central Square is ugly, invidious, and should be called out before it becomes a medical wellness zone with Targets, CVS’s, Walgreens, and a needle exchange being the only draws left.
Patrick,
I am not going to state that no one cares about Central Sq. because I don’t believe that. I live in Central Sq., was born and raised in Central Sq. and am raising my kids in Central Sq., so I don’t need to be reminded or lectured about Central Sq.
I also think calling the area being looked at in this petition as “Central Sq.” is a bit loose. Its as close to Harvard Sq. Having grown up in Central Sq., I never considered that stretch “Central Sq.”.
I agree that we should put more affordable housing and more support services throughout the city. The issue with the zones is that its difficult for these dispensaries to find suitable locations. When the previous petitioner was looking to locate in the Alewife area and people came out in protest I told them the same thing, they have to help carry the weight. This petition isn’t about keeping things out of West Cambridge.
I also agree, and have said several times, that if we are going to locate these services in Central Sq. then we need to give Central Sq. more support. I have filed policy orders about it, I have pushed the manager on it and I will continue to do so.
Marc,
When voters approve recreational marijuana, medical marijuana clinics will no longer have a reason to exist and will be at a tremendous economic disadvantage. If you want aspirin, do you go through the trouble of getting a doctor to prescribe it? The medical marijuana operators will be hollering for relief. I’m disappointed that you don’t acknowledge or even see this as a possible outcome. At a minimum, this whole issue should be set aside until the ballot question comes up for vote.
Patrick — I know you care about Central Square a lot but we clearly have very different views about what we want from our neighborhoods. I don’t mind any of the facilities that you talked about — they are all essential parts of our societal obligation to help the less fortunate.
I do agree with you that the other neighborhoods in our city that reject them are wrong for that, but at the same time it doesn’t mean Central Square is a “dumping ground.” The people who need these facilities are people and their needs should be treated with dignity even if they are not wealthy lawyers like you and me. It’s not like we don’t have enough high-end restaurants and fancy boutiques too.
That said, I don’t think that drawing an equivalence to medical marijuana facilities is any way justified. The populations served and role in the community is totally different.
Someone needs to tell John S. that recreational marijuana has been widely available in Central Square for a very long time, but even a legal recreational market would serve different needs than a medical dispensary.
I hope you both someday have the opportunity to personally meet someone who has a difficult chronic medical condition that is treatable by marijuana so maybe you will develop some compassion.
John S,
This question was raised at a meeting with the petitioners. In the states that have both medical and recreational marijuana, medical marijuana has not seen a steep decline in business. They are really two different sets of customers. The “typical” medical marijuana customer, according to a study by the New Republic, is over the age of 40 (with 28% being over 50), is using medical marijuana to relieve pain, not get high, is using medical marijuana in place of a prescription drug. The requirements in Massachusetts, including what the recreational requirements will be should the question pass, are much stricter then in other states. John, my question is how much have you researched this and how much is just your political or social feelings about marijuana. The research really contradicts every point you raise.
Frank I disagree that all of these facilities are “essential.” The history of how they were created and their relatively new appearance in Central Square over the past few decades has lead me to believe that there exists an agenda and to me its ugly. I’m also not concerned about a lack of restaurants, we do have plenty (though no BBQ which is tragic), but the retail components of Central are withering and this is due in no small part to increased shoplifting, crime, and behavioral issues that are tolerated more in Central than any other part of Cambridge. While you may feel a sense of pride that Central tolerates criminal behavior with a gentler touch than say Kendall or Alewife, I do not. You and McGovern are correct though, this grass dispensary is not the same as the needle exchange or wet shelter, but its emblematic of an agenda promulgated by this city and many of the neighborhoods to the west that Central Square is the place to put medical and wellness facilities. All of that wouldn’t bother me in the slightest if we also got a proportionate amount of services to help local business and residents cope with the excess we have here, but we don’t. We spent five years planning out Central only to be derailed by folks like your chum Connolly and various neighborhood yahoos how didn’t like change. Now that plan was sidelined and we are now “master planning” yet the first and only stop on the trail is …. Alewife?! Its fucked up … and there needs to be recognition on part of the council and city that Central needs help and we shouldn’t be ignored. There are also 21 other facilities in Central that deal with homelessness and substance abuse. In fact many of these facilities have a difficult time fulfilling their missions because of the extreme behaviors in the square. I have spent a great deal of time speaking with some of these groups and there is a prevailing mentality that Central Square is overrun. Does a marijuana facility tip the scales? Probably not, but its just another reminder that our voices in Central do not really mean all that much. Don’t you think its a little bit odd that we are creating an entirely new zoning district to accommodate 1001 Mass Ave when North Point is just sitting there waiting to be built out? Its about equity…nothing more.
Patrick — if it’s really about the other facilities in Central and/or the people who need them, which it sounds like it is, then let’s please leave the issue of medical marijuana out of it. Lumping these things together just doesn’t make any sense, for all the reasons that Marc has stated.
Marc,
The New Republic didn’t conduct a “study”. It looked at a survey of ONE medical marijuana clinic in Michigan conducted by researchers at the Univ. of Michigan. And that survey was looking at differences between first-time and returning medical marijuana patients. The survey makes no pretense at offering the broader demographic snapshot that you suggest it does. But interestingly, the survey did find a highly significant correlation between medical marijuana use and past abuse of alcohol and illegal drug use. This is why I’m so frustrated. You don’t appear to have thought this through. Anyone can look up the article and the study with a simple Google search.