With TPZ Cannabis Moratorium in Place, Council Talks Next Steps
WETHERSFIELD - Two months after suspending its consideration of cannabis-related applicants, the Town Planning and Zoning Commission (TPZ) is seeking Town Council guidance on next steps.

       The TPZ’s 6-month moratorium on marijuana-related dispensaries, cultivation centers, and retailers expires in May " Assistant Town Planner Denise Bradley says it was imposed to give commissioners time to reckon with last year’s sweeping recreational cannabis legalization bill, which allows the sale, possession, storage, and transportation of small quantities, but provides local governments latitude to ban or limit the location of related facilities within their borders.

       “Enacting the moratorium allows the TPZ to study the issue and determine the appropriateness of this type of establishment. If no regulations are adopted, these types of retailers would be treated like any retailer,” Bradley told the Council at its January 18 meeting. “The TPZ just wanted to start a dialogue and get guidance as to whether you support this type of development or want to prohibit it.”

       Councilors kicked the issue around for about a half hour, with most falling somewhere in between " there are public health/safety concerns, but most agreed that it would be worth exploring whether revenue from the newly created 3 percent cannabis sales tax could make a considerable dent in the costs of preventative and addiction treatment programs, as well as expenses incurred by law enforcement.

       The consensus was to take a deeper dive into the bill’s language, and then continue the discussion " Councilor Mary Pelletier says she wants to make sure the law allows the town to direct any revenue where it’s most needed.

       “I assume the only reason we’d want it is for the tax revenue, but if are hands are tied, I don’t know if it would be worth it,” Pelletier said.

       According to the bill, allowable sales tax proceed uses include streetscape and other neighborhood infrastructure improvements, youth employment training, mental and/or health addiction services, and post-incarceration programs.

       “I can think of millions of dollars of projects that this town needs, so there isn’t a lack of demand,” said Councilor Matt Forrest, who echoed Pelletier’s thoughts. “But understanding it, from a technical standpoint, is a wise approach.”

       But Wethersfield Police Chief Raphael Medina says that the costs would outweigh the benefits. He says that having, say, a cannabis dispensary in town, would increase officer training and overtime costs, heighten the risk of emotional disturbance and hospitalization among adults and youth alike, and cause more automobile accidents.

       “I’m referring to expenses associated with responding to calls for service and providing treatment, which requires additional training,” Medina told the Council.

      

       The bill limits recreational cannabis purchase and use to those ages 21 and over, while setting a maximum legal limit at 1.5 ounces for possession and 5 ounces for storage.

       It also expands the state’s ban on public smoking and vaping to include cannabis products.

       Medina says his biggest concerns are cannabis-related traffic accidents " up in places like Colorado, which legalized recreational marijuana in 2014.

       One of the many training challenges, Medina says, is detecting an impaired driver " a much more complex endeavor than situations involving alcohol intoxication.

       “Obviously, you can smell it, but to detect it in the system is more difficult, and that’s what it takes for prosecution,” the Chief said. “Now I have to teach my officers to become drug recognition experts.”

       Officers would start with a $225 pretraining “prep course”. After that, it’s a $1500 two-week program " more than likely out of state, so there’s housing expenses to consider as well.

       “That’s not even counting recertification,” Medina said.

       He figures having to train 4-6 of his officers, to enable the Department to have a drug recognition specialist on all shifts.

       But he says that even in that case, a personnel power challenge remains " because it takes 4 hours to detect cannabis in someone’s system.

       “That’s 4 hours I don’t have that officer on the road,” Medina said. “You pull someone in for a drug issue, it’s an officer safety matter, so then I need two officers.”

       Wethersfield Youth and Social Services Director Erica Texiera also had concerns.

       “Having a dispensary in town is going to send a message to the youth, especially with advertisements,” Texiera said. “We have to spend the time and the funds on education, prevention, and treatment options, because we’re going to need that.”

       With statewide legalization and cannabis establishments popping up in surrounding towns, Wethersfield will likely need those resources whether they host a dispensary or not, Forrest said.

       “If we’re going to have to get the resources to combat this, it might seem that we should derive the revenue to do these things,” he said. “It’s not like we can shut our borders so that if they buy gummies in Hartford, they can’t drive down the Silas Deane Highway. We’re going to be dealing with this anyway.”

       But the town will be dealing with it more with a retailer drawing additional cars and foot traffic, Medina said.

       “We’re going to be dealing with issues in parking lots. Fights,” he said. “I’m talking about the security of the town where we’re selling this over the counter.”

       Councilor Pat Pentalow recommended steering zoning regulations clear of retail establishments " a solution he sees as middle ground between reaping tax revenue and averting risks to public safety.

       “Would your concerns be alleviated if it was just cultivation and not retail?” Pentalow asked Medina. “I just don’t want to pigeonhole ourselves in thinking that that’s the only way we can capitalize on this revenue.”

       The Chief said it would be a better situation " cultivation facilities are responsible for their own security.

       “Call it a win/win,” Pentalow said. “If you can capitalize on the excise tax without burdening public safety, I think that’s the way to go.”

       But that’s still an ‘if’ " Forrest, who said he liked the idea, asked whether the sales tax designation on that 3 percent precludes towns from capturing cultivation-based revenue.

       That, again, will be subject to a closer look at the letter of the legislation.

       The bill subjects cannabis sales to three taxes, according to the State of Connecticut website:

       • the state’s existing 6.35 percent sales tax

       • 3 percent sales tax dedicated to the city or town where the sale occurs

       • a tax based on THC content " at 10 to 15 percent of the sale price

       “We have to be realistic about the revenue that will come in and the additional costs that will be required of us,” Pelletier said.

      

      

      

      

      

      

      
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