01/24/2019 BOARD OF HEALTH Minutes

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Medical Marijuana Facility (MMF) or RMD is a MJ Establishment, the two operations must be physically separated. Access is controlled to allow those individuals with a medical marijuana card into either facility, but those without a medical marijuana card could not enter the medical side. _ Mr. Harrington feels there is enough distinction in the State regulation to keep these separate. In Section D.1, the permitting of delivery-only is addressed. Mr. Harrington explained that the only delivery that is allowed or permitted by the State is that of an RMD. The State Is currently putting together a committee to review delivery and social consumption of marijuana. The Bourne regulation.allows a "delivery-only" permit for a company which does not require a permanent, non-mobile location, but it does require that an in-State office and address be provided. The next requirement is to have the company share the location and destination of its employees. Mr. Harrington believes the intent was to obtain the address of the deliveries made by the employee,to ensure chain of custody. Tim McNamara,who was present atthe meeting,introduced himself as an applicant and indicated that State regulations require GPS tracking with any delivery as well as manifests. He suggested that the intent was to pinpoint exactly where employees are at any given time. Mr. Harrington stated that delivery based upon these requirements is in conflict with the State regulation. The State regulation is so heavily weighted on security, and checking identifications and the age of the purchaser, allowing a delivery person to make these kinds of decisions would be irresponsible on a sales basis. Delivery on any basis is opening up a can of worms because of trouble with enforcement. The vehicles and/or personnel will not be labelled to maintain anonymity. Drivers could be carrying large amounts of marijuana and cash, making them a target for robbery. With no product tracking, there is no way to determine if the product they are carrying or distributing Is from a licensed MJ Establishment (not for home delivery). Those individuals who are infirmed and non-mobile are allowed to have a caregiver with a medical card to obtain marijuana for them. This begs the question of the whether there is a need for allowing delivery. The State regulation does mention delivery as an option for licensing; therefore if the board of health tried to prohibit-the permitting of delivery, it would be in direct conflict with the law and would be challengeable. The State Regulatlon does not allow a retail sales establishment to be permitted for delivery, but a separately licensed delivery service could operate from that retail facility, and Mr. Harrington stated that he would encourage that. He expressed concern that, should a customer not be at home when a delivery is attempted,the driver could potentially be carrying what could be a large amount of marijuana and/or cash. There should be a secure area to store the marijuana,and the retail facility should be required to have site security and interior security to handle that situation. The delivery operation should only be allowed to transport and distribute marijuana products from a licensed establishment, similar to food trucks having to work out of a commissary. Mr. Harrington's recommendation on delivery would be to follow the State. He recommends allowing the RMD's to have delivery, but not permit It until the State provides more guidance on it. Section 0.12 — The regulation calls for at least two permits for retail sale. Mr. Harrington explained that, because of the Town Zoning By-law, only one permit is currently allowed; however,the town only needs one more liquor license to allow two marijuana retailers under the zoning by-law. Mr. Harrington recommended setting the number at two and, If it needs to be increased in the future,the board can address it at that time. 7