land use

Residents took the first step to ban marijuana-based businesses in Lincoln, at least for now, as residents approved a full ban at the October 18 Special Town Meeting.

Because Lincoln residents voted in favor of legalizing recreational marijuana in the 2016 state election, a two-thirds majority was required to enact the ban. The vote total according to a standing count was 73 percent in favor (140 votes) vs. 27 percent against (53 votes). However, a simple majority must also approve the ban at the town election in March 2019.  

Before the vote on the ban, a large majority of residents approved extending the current moratorium on marijuana businesses until June 30, 2019.

In an earlier town survey sponsored by the Marijuana Study Committee that garnered 408 responses, 61 percent supported a full ban. Of the 39 percent who did not, 85 percent supported allowing marijuana cultivation in town and 70 percent were in favor of allowing retail sales of marijuana products. In the 2016 state vote, 53 percent of the 3,783 Lincoln residents who cast ballots residents voted to legalize recreational marijuana.

The Agricultural Commission voted in August to support commercial cultivation of marijuana in Lincoln. However, the Planning Board and the Board of Selectmen both unanimously recommended that residents approve the full ban. If the town were to allow commercial marijuana cultivation, it would be in keeping with the town’s agricultural character, the committee noted. However, the town would not gain any revenue, whereas if retail establishments were allowed, the town could reap up to 3 percent of gross sales.

• Click here for FAQs on commercial marijuana in Lincoln (handout from the State of the Town meeting)

Town officials did not have any estimates on either the amount of revenue that retail sales might bring in, nor the cost of additional police time that could be incurred. Police Chief Kevin Kennedy noted that because sales of marijuana is still illegal federally, products must be paid for with cash, potentially increasing the risk of robbery. Marijuana establishments can hire private guards, but they can’t be armed, he said.

Selectmen noted on Saturday that the full ban can be reserved in the future, but once legalized, marijuana businesses could not be banned later. Bedford, Weston, Concord, Sudbury, and Lexington have already approved full commercial bans. Wayland has done so at the ballot box but not at Town Meeting, while Waltham’s vote is still pending.

Owing to its low population density and location, “Lincoln is a most unattractive town in which to put a retail establishment” said Lincoln resident and cannabis operator/educator Jean Welsh, who was a panelist at a public forum on the issue in May. However, existing medical marijuana cultivation facilities in Massachusetts “are extremely secure; we have regulated them to the hilt,” she said. There are 30 dispensaries and about a dozen medical marijuana farms in the Commonwealth, “and we’re just not having issues,” she said.

Saying that alcohol is more dangerous than pot, Welsh wondered if the town ought to ban growing hops, which are used to make beer. For adults, marijuana “just isn’t that dangerous, folks, and I think in five to ten years you’re going to be buying it at Whole Foods anyway.”

The ban does not affect personal, noncommercial growing and possession of recreational marijuana, Selectman James Craig pointed out. Massachusetts law allows residents 21 and older to use the drug and have up to one ounce on their person (up to 10 ounces in their homes). Households with one adult over 21 can also grow up to six marijuana plants, or 12 plants if there are two adults in the household.

The Lincoln move has no effect on potential home delivery of marijuana products. The state Cannabis Control Commission does not currently allow home delivery of cannabis for recreational use, but it is considering allowing small Massachusetts-based marijuana retailers to make in-state home deliveries.

A few residents spoke against instituting the full ban. Given the restrictions on lot size for cultivation and on public visibility of the marijuana plants, “It doesn’t seem like it’s going to change the landscape very much,” said Sharon Antia. “Let’s just do it.”

Two medical professionals voiced warnings about marijuana’s effects on teenage brains. In treating teenagers and young adults having their first psychotic break, “marijuana is the single most important factor I have seen over the years,” said Rakesh Kharmacharya, an associate professor of psychiatry at Harvard Medical School and a clinician at McLean Hospital.

But such information is missing the point of the Town Meeting vote, said Ben Wells. “This isn’t a vote to ban adult use. That genie is out of the bottle. I’m concerned about teen use [of marijuana], but that’s not what’s on the ballot today. I’d hate to see us punish our farmers and entrepreneurs to send a message,” he said.

Peter Braun argued in favor of the full ban. “I’m informed by the wisdom of our surrounding towns,” he said, adding that “we need to see how it plays out” in towns that do allow marijuana businesses.