Towns consider cannabis options

Rebelle Dispensary is one of several cannabis outlets in Great Barrington.
Photo by Terry Cowgill
This is the second in a series on the legalization of cannabis in Connecticut.
NORTH CANAAN — As towns across the Northwest Corner have struggled to adjust to the COVID-19 pandemic and change the way they do business, they can add another major challenge: how to handle private business interests that want to enter the retail cannabis sector or grow it for the wholesale market.
Connecticut legalized adult-use marijuana sales last year, and the state has put in place some guideposts and incentives with potential revenue streams that could be game-changers for cash-strapped towns.
Municipalities are free to regulate cannabis businesses — medical or recreational — as they would just about any other businesses. According to an analysis by the nonpartisan state Office of Legislative Research, towns may prohibit them from opening, reasonably restrict their hours and signage, restrict their proximity to religious institutions, schools, charitable institutions, hospitals, veterans’ homes or certain military establishments.
According to the Litchfield firm of Cramer & Anderson, which provides legal services to several Northwest Corner towns, a key provision of the new law stipulates that cannabis establishments must be zoned just as similar businesses would be unless municipalities regulate them through their zoning codes or ordinances.
Under Connecticut’s law, possession of 1.5 ounce of cannabis is legal. Since October 2021, medical marijuana patients have been able to grow up to three mature and three immature plants at home starting, with a cap of 12 total plants per household. By July 1, 2023, all adults will be able to grow at home under the same rules.
In neighboring Massachusetts, the cultivation, sale and use of recreational cannabis-related products was legalized through a 2016 ballot initiative.
Cramer & Anderson says it’s also worth noting that, unlike in the Bay State, municipalities in Connecticut that allow micro-cultivators and adult-use cannabis stores “are subject to a cap that limits operations to one retailer and one micro-cultivator for every 25,000 municipal residents until July 1, 2024.” In addition, successful applicants must obtain a special permit from the town for both retail and cultivation uses.
But we’re still in uncharted territory with implications that are controversial, and towns are scrambling to craft appropriate regulations, ban cannabis operations altogether or enact moratoriums on cannabis applications to give planning and zoning commissions time to amend zoning codes that match this challenge.
Hearst Connecticut Media conducted a survey early this year and found that, of Connecticut’s 169 cities and towns, 22 have established bans on sales and cultivation, while 53 have enacted moratoriums on applications.
In Kent, retail stores are prohibited from selling recreational cannabis. In January, Sharon passed a six-month moratorium. Danbury passed a one-year moratorium last July. In Norfolk, a public hearing was held earlier this month to allow public input on several zoning proposals, one of which would regulate the retail sale of cannabis, Tom Fahsbender, chair of the Planning and Zoning Commission (P&Z), told The Lakeville Journal.
But perhaps the most interesting case lies in North Canaan, where the Planning & Zoning Commission held a public hearing in May on a proposed temporary moratorium on cannabis applications.
“We have a rare opportunity for revenue in North Canaan and in light of rising costs, especially education costs, we need to take a serious look at putting a dispensary here,” said former Selectman Susie Clayton.
The town’s taxpayers are frustrated over a steep increase this year of $745,000 in the town’s Region One assessment, placing what officials feel is an undue burden on Canaan.
Though by comparison North Canaan’s population is lower than Salisbury’s, it still has to pay substantially more to the regional school district because it sends more than twice as many students to Housatonic. In addition, Salisbury’s weighted voting power on the Region One Board of Education is higher because North Canaan’s population is lower.
The higher tax burden is compounded by the fact that North Canaan’s tax rate is higher because its property values are generally lower than Salisbury’s. North Canaan Selectman Craig Whiting said last fall that the Region One assessment is “bringing our town to its knees.”
Its unknown how much revenue the cannabis industry could bring to North Canaan.
Twenty minutes to the north, Great Barrington, which has about twice as many full-time residents as North Canaan, took in more than $1 million in the first six months after Theory Wellness, the town’s first recreational cannabis store, opened in January 2019 to long lines that snaked almost around the corner to the Price Chopper. Half a dozen others have since opened.
Great Barrington’s finance director said 12 months ago that since 2019, the town had taken in $6.7 million in cannabis revenue, though officials expect the numbers to decline should sales begin in Connecticut and in New York, where the state Legislature also legalized adult-use last year.
For some perspective, in 2019 Great Barrington’s annual budget was a little more than $30 million, including its assessment to fund the regional school district.
“This will never turn into Great Barrington,” North Canaan resident Ed Capowitz said at the hearing. “We’re allowed one facility. Why turn down that revenue?”
“Our tax bills are getting higher and I know that the ... selectmen are having trouble even trying to get the budget raised whatsoever because there’s just not enough money to go around,” added Ruth Adotte. “So what I’m saying is it would help with the taxes.”
The Connecticut Department of Consumer Protection, which regulates cannabis, has laid out the taxing scheme for retail cannabis sales: the standard 6.35% sales tax levied on most retail items, a 3% sales tax dedicated to the city or town where the sale occurs, and a tax based on THC content that will cost approximately 10 to 15% of the sale price.
The state estimates the total cumulative taxes paid on cannabis purchases to be roughly 20% of the retail price.
Tim Abbott, who chairs the North Canaan P&Z, said no applications have been received yet. Weeks after the public hearing in May, the commission voted unanimously to enact an eight-month moratorium on cannabis applications to give the panel time to draw up regulations, such as which parts of town are appropriate for cannabis, hours of operation, signage and recovering costs for additional policing.
“These are the areas where we have some control,” Abbott said, who said he is neutral on whether to allow sales and cultivation of the product.
A townwide referendum on whether to allow cannabis sales and/or cultivation is tentatively slated for November. If it passes, Abbott expects the regulations should be ready for review by March 2023.
Abbott emphasized that, “Kicking the can down the road isn’t the purpose of a moratorium. It buys you time to do your due diligence, to educate yourself as a commission, to know the law, to see what it might look like in the event that the new change happens.”
The sentiment among Canaanites could spur action. Some residents at May’s public hearing objected even to a moratorium. Lyle Kloke said he thought the commission was “negligent” in not addressing the issue even sooner.
Mountainside Treatment Center is located on Route 7 in North Canaan.
“Addiction isn’t a choice, but recovery can be.”
—John Jones, vice president of crisis support at Mountainside Treatment Center
NORTH CANAAN — Matt spent several years wrestling with fear, frustration and uncertainty about how to intervene in his wife’s long-term addiction to alcohol. The past six to eight months, he recalled, had been especially hellish.
“It got so bad that I told her, you are either going to die or get better.”
Dying, he said, was not an option. Placing a call to the Mountainside Treatment Center’s crisis intervention team was.
For families like Matt’s, National Recovery Month in September brings a message of hope: recovery is possible, and help is closer than many realize.
This month, Mountainside, a nationally accredited addiction treatment center with a facility in North Canaan, is taking that message nationwide with the launch of a recovery outreach initiative that gives loved ones a direct way to connect someone with support.
At the heart of the effort is a dedicated hotline and confidential referral system, a temporary initiative that allows concerned family members to submit the name of someone they believe is struggling with alcohol or substance misuse.
From there, a trained member of the Mountainside Crisis Intervention Team (MCIT) will proactively reach out to that person, offering not judgment, but compassion, understanding and a pathway to treatment.
“Nearly 70% of the people we treat are referred by someone close to them,” according to Jana Wu, a licensed master social worker at Mountainside.
Referring to the dedicated hotline and referral system, “This initiative embraces that reality and provides a structured, accessible way for people to act out of love and concern,” she added.
Meeting people where they are
Mountainside’s initiative aims to bridge that gap by shifting the focus from waiting for the individuals to seek treatment to actively reaching out when someone is identified as being at risk.
Depending on the situation, support may come through Mountainside’s own programs or through a referral to a trusted partner, such as Northwell Behavioral Health, the largest not-for-profit health system in the Northeast, serving more than three million residents of New York and Connecticut annually.
Dr. Manassa Hany, director for the Division of Addiction Psychiatry at Northwell’s Zucker Hillside and South Oaks’s hospitals, emphasized that many individuals facing addiction are unable, or unwilling, to seek help on their own.
“This service empowers loved ones to take that first step, potentially saving lives,” Hany noted.
“I needed help in getting her to accept that she needed help,” Matt said of his wife’s situation. “Most of the time, they are active in their addiction and don’t want to get out of it. It’s where they want to be.”
Matt said his relationship with Mountainside spanned several years. “Addiction is a difficult thing to beat, even if there are periods of sobriety,” he said. The longer the misuse continues the harder it is to stop.
That’s when things can get “very dramatic, very quickly,” he noted. “With alcohol, they cannot go cold turkey when fighting their addiction.”That’s when counseling becomes critical.
“They counter all the denial,” Matt said of Mountainside’s intervention team, including beliefs like, “I just need to taper off…or I am going to switch from vodka to beer.”
“They can’t stop drinking by drinking,” said Matt. “It doesn’t work.”
‘They speak from the heart’
Too often, according to members of Mountainside’s crisis intervention team, people battling addiction feel isolated or ashamed. This program lets families step in and quietly say that they see you struggling and they care.
Sometimes, as in Matt’s case, it takes tough love, and trust in the dedicated Mountainside Crisis Intervention Team, many of whom have themselves battled demons in their past before embracing sobriety.
“They speak from the heart and speak the truth. The kind of assistance they give you is very personal,” Matt explained. “When you’re in the caretaker role, you are going to do the best that you can do,” to take the pain away from your loved one, even if it empowers the addiction. “That’s when the professionals step in and say, ‘How has that been working for you?’” Matt explained.
The moral and professional support he has received is immeasurable. “Whenever I call, he is there,” Matt said of his family’s counselor. “He came over at 8 in the morning many times and calls me at 7 p.m. to check in.”
A crisis by the numbers
The need for crisis intervention support is staggering. According to a 2023 report by the National Survey on Drug Use and Health, more than 54 million Americans age 12 and older needed treatment for a substance use disorder.
Fewer than one in four actually received it.
Young people are among the most affected. Nearly 3 million adolescents needed treatment in 2023, but fewer than four in 10 received help. Among young adults, the survey revealed, the numbers are even more alarming: almost 10 million needed care, yet only 18% accessed it.
Behind those statistics are stories like Matt’s, families wrestling with fear, frustration and uncertainty about how to intervene.
“Addiction is a family disease,” noted Matt, who admitted that it takes a ton of tough love to help a loved one facing a downward spiral.
‘Recovery is REAL’
This year’s Recovery Month theme, set by the Substance Abuse and Mental Health Services Administration (SAMHSA) is “Recovery is REAL.” It is a simple, powerful reminder that no matter how desperate circumstances may seem, people do recover, and millions already have.
After seeking and receiving support from the Mountainside Crisis Intervention Team, for both himself as caretaker and for his wife’s addiction, Matt reported that she is on her recovery journey.
“Addiction isn’t a choice, but recovery can be,” said John Jones, Vice President of Crisis Support at Mountainside. “If we can help someone make that choice during this important month, it could change everything.”
If someone you care about is struggling with substance misuse, help is just a call, or click, away.
To connect with Mountainside’s Crisis Intervention Team call (860) 431-8755. A confidential referral form is available at www.mountainside.com.
Matt’s surname was omitted to preserve the anonymity of the recovery program.
NORTH CANAAN — The long-term effect of permitting industrial activity in a residential/agricultural zone was discussed by the Planning and Zoning Commission Monday, Sept. 8.
Commissioners reviewed an application from Ryan Foley, owner of R Foley Electric LLC, to rezone a 6.4-acre section of his property on W. Main St. for industrial use. The parcel is adjacent to the Transfer Station, and the remaining 48.19 acres of his property would remain residential/agricultural.
Chairman Mike O’Connor suggested that a special permit may be more appropriate than granting the zoning change.
“Switching to industrial opens up a whole gamut of what could be there,” said O’Connor. “What he has proposed is allowed in a residential/agricultural area with a special permit.”
Foley’s application did not include a specific plan for the parcel. Planning consultant Martin Connor said the change was to “allow the owners of that property to develop that section of property for industrial development.”
Commissioner Doug Humes noted the property may have to be subdivided prior to approving a change on a particular section of the land. Commissioner Peter Brown suggested consulting the town attorney Randy DiBella.
The matter was tabled to the October meeting.
Text change amendment
Prior to the regular P&Z meeting Sept. 8, a public hearing was held for a text change to a specific regulation. O’Connor explained the change, which was to add email as an acceptable form of communication for mining operators notifying the zoning enforcement officer of work outside of normal hours of operation.
The hearing was closed after two minutes with no comment from the public.In the regular meeting that followed, P&Z unanimously approved the text change.
During the public comment section of the regular meeting, Robert Sprague, who arrived after the public hearing was closed, spoke on the topic.
Sprague said he had previously filed complaints to the ZEO about mining activity outside of normal hours. Per Sprague, ZEO George Martin had not received prior notice of the work.
Sprague questioned why the regulations were loosened if operators are not actively following the rules.
“There was no even attempt to notify the officer until there was a complaint made. So how is that [text change] going to make it any better?” Sprague asked.
Standing, from left, HVRHS students Violeta Londono, Phoebe Conklin, Lainey Diorio, Zaira Celso-Cristobal, Lyla Diorio and Eliana Lang served guests at the HVRHS travel club’s dinner Friday, Sept. 12. Seated, Sue and Deron Bayer dined at the event.
SALISBURY — The annual wine dinner fundraiser for the HVRHS Travel Club took place at the White Hart Inn on Aug. 12.
Students attending this year’s trips to France/England and Australia/New Zealand helped set up tables and tents for the event. When the crowd arrived they served guests and mingled with sponsors to talk about their excitement for the upcoming experiences.
Luke Miller auctioned off Broadway tickets and weekends at vacations homes with the help of August Olsen who charmed the crowd.
The roof of the old train station on Ethan Allen Streethas been repeatedly hit by trucks in recent years.
SALISBURY — First Selectman Curtis Rand told the Board of Selectmen that the State Historic Preservation Office (SHPO) is not willing to fund moving the old train station building on Ethan Allen Street in Lakeville. Nor is it interested in paying for a new foundation.
The selectmen have been discussing moving the building, which is awkwardly situated across from restaurants and near the approach to the town Grove. Truck drivers in particular have a hard time with it, as evidenced by the half dozen times the building has been hit in the last couple of years. The town currently has concrete barriers in front of the building.
Rand said SHPO is considering putting up $30,000 for a bid package for engineering plans to move the building and put in a new foundation.
Transfer Station update
Salisbury-Sharon transfer station manager Brian Bartram told the selectmen that three new trash haulers have appeared in town. The problem is the haulers are not bringing the trash they pick up to the transfer station.
He said he is working on getting in touch with the haulers and explaining that Salisbury and Sharon trash needs to come to the transfer station, and that residents who use these haulers are still obligated to purchase transfer station stickers.
Crossing guard
Rand said Salisbury Central School needs crossing guard(s) for the Lincoln City Road/Route 44 intersection. A couple of volunteers have been handling the job, but their term of service is up.
The position is paid.