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05/31/2022 01:15 PM

Essex PZC Researching Cannabis Dispensary Regulations


The Essex Planning & Zoning Commission (PZC) is currently deliberating on the local regulations that will govern the potential opening of cannabis dispensaries in town.

The PZC began conversations on regulations when the state began discussing the eventual legalization of marijuana in Connecticut last year, according to Carey Duques, land use official for the PZC. The first action taken by the PZC was the implementation of a moratorium on accepting applications for opening cannabis dispensaries for medical and recreational use. The moratorium went into effect after a town meeting on Dec. 7, 2021, and will expire on Dec. 31, 2022.

According to Duques, the PZC implemented a moratorium on applications to perform research on the best actions to take for regulating the sale and zoning of cannabis in town, following the lead of the state and the research and regulatory actions of towns across the state.

The PZC formed the Cannabis Subcommittee with three PZC members, Duques, and PZC Attorney Larry Shipman. The subcommittee has held multiple meetings since Dec. 21 to discuss what should be the best route to take for the regulation of cannabis sales.

“We’ve met to have conversations on what are the options, and doing additional research to see what towns are doing, what a regulation would like if one were to be put in place, and spanning the spectrum—everything from prohibiting [sales] to allowing both medicinal and recreational sales,” said Duques.

The subcommittee has drafted three proposals on potential regulations and has shared them with the PZC for further discussion.

The three proposals range from completely prohibiting the opening of dispensaries in town to allowing for the opening of medical-only dispensaries to allowing the sale of cannabis for both medicinal and recreational purposes. Research by the subcommittee has centered primarily on towns in the immediate area, such as those as part of the Lower Connecticut River Valley Council of Governments (RiverCOG), and those similar in area and population to Essex. The Regional Planning Committee (RPC) as part of the RiverCOG has also performed research on the status of cannabis regulations proposed by its member-towns.

“It was a matter of looking on various town webpages and seeing what the status was,” said Duques. “The Regional Planning Committee for the RiverCOG has done a lot of great research and put together information showing the status of each of the towns that make up the RiverCOG.”

According to Regional Planning Committee meeting minutes, the commission met on April 25 partially to discuss and review four cannabis regulation proposals by member-towns. These include petitions by the Town of Cromwell to permit sales and cultivation of cannabis for both medical and recreational use, and a proposal by the Town of Durham to establish regulations to sales and the micro-cultivation of cannabis for the same purposes.

Meeting minutes from both the Cannabis Subcommittee and Economic Development Commission (EDC) in Essex also outline the regulations the town is considering.

Duques said that, like Essex, many towns have implemented moratoriums on applications for opening dispensaries, while the Town of East Haddam will hold a referendum on an unspecified future date to ask the residents if recreational sale of cannabis should be permitted.

Committee members have focused on how to best proceed with what regulations to implement during the current moratorium, with some suggesting releasing a survey on public opinion for opening dispensaries. The committee has also discussed whether cannabis sales can fall under the category of a form of adult entertainment, as is categorized by the state and the City of Bridgeport.

When it comes to the proposal for the outright prohibition on the sale of cannabis, Duques said such a possible legal route would be due to concerns over its presence in town as an amenity, potentially heavy traffic congestion, and questions as to where in town would be the appropriate location for dispensaries to stand. These concerns were shared among members of the subcommittee and EDC.

EDC members believed that it would be inappropriate for dispensaries to open in the Main Street District. Commercial and industrial zoning locations were thought of serving as more appropriate areas in town, according to both the EDC and Duques.

According to Duques, approval by the PZC for one of the three proposals will be required for regulations to move forward, after which a public hearing would also need to be held.

Following the public hearing for the moratorium held last year, the PZC found that the public held similar concerns to the PZC and the EDC, while others were in favor of opening dispensaries in town.

“The commission is again doing their due diligence and research to see what would be the best first for the town,” said Dueques.