A group representing legal pot growers in Massachusetts plans to sue the Cannabis Control Commission inside the coming months on the commission’s refusal to examine agreements between marijuana establishments and cities and towns.
“They don’t find a way to think they need to consider. We disagree,” said Peter Bernard, president with the Massachusetts Grower Advocacy Council. “We’re basically about to enter into court and claim negligence of duty.”
Bernard said his group is preparing to file a legal case in state court in October or November. He said the complaint ask a judge to buy the CCC to review and approve all host community agreements.
The agreements are crucial for businesses to acquire a license to work in the CCC, and law cannot exceed Three percent of your company’s revenue. Bernard, along with advocates and businesses, say towns and cities are demanding higher payments before they green-light pot shops. Using the Lynn Item, an understanding between Lynn and Massachusetts Patient Foundation involves the corporation to give 6 % from the revenue towards town — double the legal limit.
Bernard said he could be trying to avoid a legitimate battle that grinds the CCC’s licensing try to a halt and prevents marijuana shops and businesses from opening. The CCC haven’t granted your final operating license for any business, but chairman Stephen Hoffman said recently the commission may issue its first final licenses within weeks.
“May well have been not that hard to penetrate and hang up a halt to everything, and then we don’t need to do that,” Bernard said. “It will hurt guys that we’re seeking to help.”
Last month, the CCC considered reviewing host community agreements, by commissioners saying there is anecdotal evidence that cities and towns are flouting what the law states, but ultimately voted 4-1 in order to avoid approving or rejecting the agreements. There is absolutely no other body which has oversight on the agreements. Hoffman reports legislation will not be clear enough, possesses said the CCC may require additional clarification in the Legislature, a suggestion that is rejected by top marijuana lawmakers, who say the law is see-through enough.
Bernard said agreements that need companies to spend more than is legally allowed can improve the cost of opening and operational. Which may abandon smaller businesses and owners that fall under the CCC’s economic empowerment category.
“The economical empowerment applicants and the business applicants who don’t possess a wide range of capital in the first place get bled dry,” Bernard said. “It’s making it into a pay-to-play situation.”
The CCC declined to comment.
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