HOPKINTON — Voters in the community will have the final say on whether recreational marijuana sales and distribution businesses will be able to set up shop in town, and any such establishment would first need to obtain a special use zoning permit.
Members of the Hopkinton Town Council this week voted 4-1 to hold a referendum on the November ballot that will ask whether the community should allow the state to issue a license to any cannabis-related businesses in the Town of Hopkinton. Town councils in Hopkinton, Charlestown and Richmond have now all approved measures that will result in referendum questions being placed on the ballot this November.
Town Council President Stephen Moffitt Jr. voted in opposition and said he was not opposed to the referendum — he indicated that he was in support of asking the voters — but felt it was inappropriate to set further restrictions via special use permits if voters approve of such businesses. He said he felt having a referendum vote on zoning was already an opportunity that normally wouldn’t be afforded to residents.
“We wouldn’t allow them to vote on whether to allow a new CVS, and we are already stepping outside the process to allow (the referendum),” he said at Monday’s council meeting. “I am not sure a lot of people realize the ramifications this could have on finances and taxes.”
Members of the council have debated whether to allow businesses or go to referendum during the past two months after the state moved to legalize recreational marijuana use earlier this year.
Hopkinton Town Solicitor Stephen Sypole told officials in late June that under the approved state statutes, options are limited and there is little that the town can do outside of holding a referendum to opt out. Sypole told the council that aspects of the industry are so regulated by state, there may not be much to put into a zoning ordinance besides designating where things are or are not allowed.
That led to concerns during a July 18 public hearing, which resulted in the recommendation that such businesses be approved only through special use permit if voters decide to allow them.
Councilman Michael Geary said he understands that the town is limited in its rights and abilities, but said the council does have a responsibility to look out for the best interest of the town’s residents. He said the special use permit requirement is a tool that does just that.
“This may be a state regulated thing, but it is our backyard. We have to look over the fence a little,” Geary said.
Council Vice President Sharon Davis, Councilman Scott Bill Hirst and and Councilman Bob Marvel all expressed support for the special use permit measure as well, saying the requirement provides an added layer of protection for the community.
“This at least gives the Zoning Board a little power and judgment over this kind of project,” Hirst said. “It isn’t a tremendous improvement, but a little oversight is better than nothing.”
Moffitt said that with the legalization of recreational marijuana, however, there are now no remaining questions of legality when it comes to sales in Rhode Island. He said that creating a special use table before voters have even gone to referendum already sets more stringent regulations on businesses, and takes the voice away from the residents before they’ve even voted.
“I recommend taking away the special use permits because of the fact that we will be allowing a referendum,” Moffitt said. “If this is approved by the townspeople and they say they want it here, I don’t think it should be that restricted. I don’t think it would be right to use Town Council power to restrict that.”
Although the vote ultimately takes any action the town could at this time, Davis said it will be important to continue to gather information and find ways to educate the public on the facts ahead of the referendum.
Under the proposed law, the industry will be heavily regulated with oversight from the state, and towns automatically opt in unless voters reject the establishment of such businesses at a referendum containing state-approved language before the end of the year. The language for town referendums across the state will be exactly the same, and was predetermined by the state as part of the legislative package passed in late May.
Each referendum, including Hopkinton’s, will read, “Shall New Cannabis Related Licenses for Businesses Involved in the Cultivation, Manufacture, Laboratory Testing and for the Retail Sale of Adult Recreational Use of Cannabis be Issued in the Town of (Hopkinton)?”
Following passage of the bill earlier this year, the state moved to create the Office of Cannabis Regulations within the Department of Business Regulations. Davis requested that the town reach out and schedule to have a representative meet with the council, even if by Zoom video conferencing, to discuss the benefits and potential downsides to having a marijuana business operating in the community.
“I want to get this on a future agenda and to get a representative from that office to at least give us the pros and cons from an official standpoint,” Davis said. “Those pros and cons should be put on the website so residents can make an informed decision.”
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