
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.
LAKEVILLE — After receiving ARADEV LLC’s new application to expand the Wake Robin Inn earlier this month, the Planning and Zoning commission decided at its May 19 regular meeting to table its scheduling of a public hearing for the project until its next meeting on June 2.
The decision was made to allow the town’s Water Pollution Control Authority time to review the application sewer survey and render its own decision, as well as await a verdict regarding ongoing legal action against the Commission.
P&Z is currently opposing a restraining order against a May 2024 amendment to its regulations surrounding hotels in the “rural residential 1” zone, within which the Wake Robin Inn is located. The litigation was filed in February by Wells Hill Road residents and neighbors to the proposed development Angela and William Cruger, who opposed ARADEV’s first application as intervenors during the extended public hearing of its first application in late 2024.
P&Z Vice Chair Cathy Shyer acted as chair at the May 19 due to Michael Klemens’ absence. She said she wasn’t sure if the court was likely to issue a ruling before the next meeting.
“I don’t have any experience with that,” she said. “I don’t think any of us would.”
She did indicate, however, that scheduling a new hearing is “likely to be subject” to the court’s decision.
Land Use Administrator Abby Conroy stated the timeframe still works with the statutorily-defined 65 day window for the Commission to schedule a hearing after receiving an application. The last day to schedule the hearing would be the June 16 meeting, giving the Commission two more meetings to do so.
Several Commissioners agreed that the application’s extensive traffic report should undergo third-party review, and Cockerline suggested that a sound engineer be contacted to look over the detailed acoustics report that ARADEV filed with its application.
As for the town’s decision on the application’s sewer plans, WPCA Superintendent stated on May 20 that “the study has been received and is being reviewed.”
Celebrating food, wine and the spirit of giving, the community invited to a festive social evening at the Litchfield Community Center at 421 Bantam Road, on Wednesday, May 28 from 5 to 7:30 p.m. for the 7th annual “A Tasteful Event” fundraiser to benefit FISH/Friends in Service to Humanity of Northwestern Connecticut, recognizing efforts for those facing food insecurity and the homeless of the Northwest Corner for more than 50 years.
Several area restaurants, caterers, bakers, and spirit distillers have volunteered to prepare savory and sweet treats for event supporters. Attendees will enjoy music from Jacque Williams Entertainment.
Supporters will also have the opportunity to participate in a silent auction featuring gift baskets, a variety of wines, picnic fare, a dinner for six delivered to your home, an Energy Fitness membership, children’s books, toys and numerous gift certificates to area restaurants and for services.
Celebrity “Food Tasting” Judges are Julia Scharnberg, Lisa Ferris, Matthew Daly, Jeff Geddes and Jack Sheedy, who will be awarding trophies to the event's food providers for best savory and best sweet treats, favorite distiller and event newcomers, and for best in show presentation/display.
Showcasing favorite specialty and ethnic dishes include: The Venetian, DaCapo of Litchfield, Espresso 59, Ciesco Catering Company, Litchfield Distillery, Noujaim’s Bistro, The Nutmeg Fudge Company, Love It Vegan, Vera Roma Grille and Bar, Red Horse Bakery, Kaylan’s Kitchen, Café 38, Clevelands' Country Store and La Guera Mexican Grill & Cantina – some entering in both categories.
All ATE patrons will have the chance to cast their vote for the People’s Choice Award favorite. More than thirty area businesses and individuals have generously donated as event sponsors and will be recognized, including Title Sponsors: Northwest Community Bank, Torrington Savings Bank and the Allan Borghesi family; Platinum Sponsors – Thomaston Savings Bank, Brooks, Todd and McNeil Insurance and Arbella Insurance; and Gold Sponsors – Aflac of Litchfield County, O&G Industries, the Gleeson-Ryan Funeral Home, Sullivan Automotive and Hartford Healthcare/Charlotte Hungerford Hospital.
Tickets are $40 per person, and are available at www.fishnwct.org, by phoning FISH at 860-482-7300, or at the door. The event will also feature wines and other beverages to please attendees.
Lime Rock Park is slated to host the NASCAR Craftsman Truck Series Friday and Saturday, June 27 to 28 in Lime Rock, Connecticut.
SALISBURY — At a special meeting Thursday, May 15, the Board of Selectmen tabled the issue of approving a permit for traffic rerouting on Route 112 Friday and Saturday, June 27 to 28.
Lime Rock Park is hosting a weekend of NASCAR events. In anticipation of a large crowd, estimated between 12,000 at 15,000 in attendance, LRP has asked to have one-way traffic on Route 112 (Lime Rock Road) from Route 7 to White Hollow Road and the main track entrance between 10 a.m. and 1 p.m. and again between 1 p.m. and 4 p.m. on both days.
Tom Burke, Director of Facility Safety at Lime Rock Park, told the selectmen that this option was chosen because it does not involve detours on local roads. At their regular monthly meeting Monday, May 5, the selectmen had expressed dismay and concern at an earlier proposal to route traffic over narrow and windy Brinton Hill Road.
Burke said there will be at least two electronic variable message boards used and traditional “hard” signs.
And there will be state troopers deployed to assist motorists.
Public comment was negative. Victor Jermack said the entire idea seemed unreasonable to him, and Michael Klemens, who chairs the Planning and Zoning Commission, voiced concern about what he called “programmatic creep” at the track.
Sarah Wolf, who lives on White Hollow Road, wanted to know how people in the neighborhood were supposed to go about their usual business during the periods of one-way traffic on Route 112.
First Selectman Curtis Rand asked if the track’s representatives had been in touch with the neighbors. Burke said no, because they are waiting on final approval before informing the neighbors.
“That’s a lot of pressure on me,” Rand replied, adding he is wary of signing off on the plan without much input from the public.
He also asked why he has to sign off on the plan at all, since the traffic disruptions take place on a state highway. He said he was going to call the state Department of Transportation and ask the same question.
Selectman Kitty Kiefer pointed out that there is another event Thursday, June 26, that the selectmen could not discuss because it was not on the special meeting agenda. By state law special meeting agendas cannot be modified, whereas regularly scheduled meeting agendas may be amended at the start of a meeting.
The Lime Rock Park website lists the Thursday event as a “Pit Stop Party and Hauler Parade” at the White Hart Inn in Salisbury, with details to come.
Selectman Chris Williams said that while it doesn’t help the immediate situation, the town and track need to consider the town’s infrastructure, or lack thereof, when planning events that draw large crowds.
Ultimately the selectmen agreed to table the matter and resume at another special meeting. Rand said he was going to consult the town attorney in the interim.
The selectmen will have another special meeting Wednesday, May 21, at 2 p.m.
FALLS VILLAGE — The Board of Finance will hold a public hearing on the proposed spending plans for 2025-26 Wednesday May 21, 6:30 p.m. at the Emergency Services Center and on Zoom.
First Selectman Dave Barger will present the municipal plan and Board of Education Chair Pat Mechare will handle the plan for the Lee H. Kellogg School.