DALTON, Mass. — There will be a special town meeting at Nessacus Regional Middle School on Wednesday, Oct. 9, at 7 p.m. to vote on four articles. 

 

The first article requests the voters approve decreasing the fiscal year debt exclusion line item by $48,668.

 

Article 2 asks to transfer a sum from capital stabilization to cover the cost of the final engineering and construction of the heating, air conditioning, and ventilation system for the Town Hall's main floor and the police station in its basement.

 

The exact amount needed for the project has yet to be determined. Town Manager Thomas Hutcheson said he should have a "not to exceed" number from the engineer for the Finance Committee, a week before the special town meeting. 

 

"We could authorize spending from my proposal with capital stabilization and then when we get the final cost estimate, we'll know how much of that we'll actually have to use, or we'll have a good idea how much we'll actually have to use. Bids may always come in higher than cost estimates," Hutcheson said. 

 

Article 3 will be a vote to raise and appropriate, transfer from available fund, or provide a sum of money for the hiring of a conservation agent. 

 

The Conservation Commission has been unable to meet because its chair stepped down, and nobody has stepped up to take over. 

 

The work done by the commission chair is extensive and would otherwise be done by a conservation agent, which involves going around and identifying where wetland plants might be affected by homeowner or business activity. 

 

Select Board Chair Robert W. Bishop Jr. served as the commission chair for about 24 years and confirmed that it is a lot of work. 

 

"It adds a lot to the position," he said during Monday's Select Board meeting. 

 

The chair would have to stay up to date on the laws and constantly has to go out, check on things, and needs to know a lot of information on soil and hydrology. The commission should have a professional person do that, Bishop said.

 

"I think it's a much needed thing, because it will take a huge load off of anybody wanting to be a chair," he said. 

 

Hutcheson said he found a number of compensation schemes for conservation agent. 

 

"We would not exceed, I think, what I'm proposing, which is an eight to 10 hour a week position at $30.11 an hour for professional assistance in enforcing our Wetlands Protection Act and Rivers Protection Act. Both of which involve, in the best case, some specialized training in conservation," Hutcheson said. 

 

Select Board member Joe Diver questioned whether this could be something they could cover using American Rescue Plan Act dollars, however, because this will likely be a recurring addition to the budget other board members wanted to give voters the opportunity to approve it. 

 

The position would likely be more attractive to a person who serves as a conservation agent part time for a number of small towns, Bishop said. 

 

"It's gonna be hard to hire somebody for eight to 10 hours. So, they get that, plus Windsor, and there's a couple other towns looking also, because it's still changing, but the big thing right now with the commission is legally it cannot meet because they don't have a chair," Bishop said. 

 

The final article surrounds amending the town's licensing bylaws to comply with new regulations set by the Cannabis Control Commission to make it easier for people harmed by marijuana prohibition and enforcement to enter the industry. 

 

The bylaw change would allow only social equity applicants to get licenses to sell cannabis in town for the next three years.

 

"[This solution] allows us to forgo a complicated, bureaucratic solution that would be ongoing to social equity in allowing cannabis operations in town," Hutcheson said. 

 

The cost of opening a cannabis dispensary is $1.5 million, which has made it difficult for those disproportionately impacted by the war on drugs to enter the industry. 

 

The Cannabis Control Commission established regulations and programs to help legacy market participants enter the industry. 

 

Municipalities have three options, one of which is to adopt the commission's model bylaw. 

 

This model has been characterized as having an "unrealistic timeline," containing "questions regarding conflicting governance, various ambiguities and burdensome requirements for cities and towns" by the state Municipal Association and state Municipal Lawyers Association.

 

Another option would be creating a local process for approving equity applicants on a one-on-one basis and approving non-equity applications only after an equity business has been established. 

 

The option to only accept applicants from the legacy market, is the simplest option, especially considering the town does not receive many applications to sell cannabis, Hutcheson said. 

"Over my three years here, so far, I've received only two phone calls asking about the possibility, neither one followed up. So I don't anticipate this being a big deal," he said. 

 

"However, due to the Cannabis Control Commission's regulations, we do need to take action on it. This seems to be the simplest and best action to take." 

 

Background on the Cannabis Control Commission's Regulation Change: 

 

According to the commission's International Cannabis Policy Study, "cannabis cultivation and use were legal under federal and state laws throughout most of modern American history."

 

From 1850 to 1941, it was also included in the U.S. Pharmacopeia, an official list of public standards for recognized medicinal products. However, with the development of other pharmaceuticals, its use decreased. 

 

Despite that, the 20th century brought social reform that "aimed to reduce recreational use of many substances, including cannabis."

 

The increase in the drug's usage between 1910 and 1920 led to 29 states, including Massachusetts, to pass laws prohibiting the possession or sale of cannabis.

 

From the 1940s to the '70s, there were changes in federal policies criminalizing marihuana use, sales, and cultivation, medical or otherwise. 

 

In 1971, President Richard Nixon declared a "War on Drugs," proclaiming drug use as "America's public enemy number one." 

 

The National Commission on Marijuana and Drug Abuse, which Nixon appointed to study the drug issue, recommended that cannabis be decriminalized, yet the report findings were ignored because "getting tough on crime won votes," the commission said in its video on Faces of Equity.

 

These efforts to combat the supply chain of illegal drugs that contributed to substance use disorders actually resulted in policies and "systematic changes in the criminal justice system that to this day disproportionality impact people of color," the commission's International Cannabis Policy Study said. 

 

"Clearly, a new and better approach is needed, a way to address systemic racism, a path forward to improve not just the lives of affected individuals, but bring economic vibrancy to whole communities," the video on Faces of Equity said. 

 

"Legalizing marijuana was a good start, but just the beginning of a journey towards greater justice and prosperity." 

 

"As of March 2022, there has been significant movement on the federal level regarding cannabis reform," the study said. 

 

However, due to stringent regulations restricting those with drug offenses from being part of the cannabis industry, inflated prices due to the type of business, and financial burdens, the legacy market was pushed aside for larger companies. 

 

"It is, frankly, ludicrous for people in pinstripe suits to pretend that they were experts on selling cannabis when they only got in post-legalization, there are people who have done this and risked their whole lives. How do we lean on the skills of those individuals who were in the legacy market," Tito Jackson, Apex Noire founder and CEO, said in the commission's video.