Retailers, Town To Bring Back Marijuana Courier Article In May

ORLEANS – An article to amend local zoning to allow the town’s two recreational marijuana businesses to apply for a state license to deliver their products failed at last week’s special town meeting. But voters can expect the article to come back before them in May for reconsideration.

 Article 1 on the fall warrant won the support of a majority of voters at the Oct. 28 meeting, with 190 voting in favor of the proposed amendment and 165 opposed. But the article failed to garner the two-thirds majority that was required for it to pass.

 The town has host community agreements in place with two businesses licensed by the state to sell retail marijuana. Seaside Cannabis Co. opened its doors in December on Lots Hollow Road, while Ember Gardens opened this summer on Route 6A.

 John Ingwersen, a resident of Anchor Drive, voiced his opposition to Article 1 last week. He said the two businesses are not run by “local people,” and that they are “basically big businesses that are making a lot of money” in Orleans (Seaside Cannabis is owned by Cape residents, including two with direct ties to Orleans). 

Ingwersen also questioned why voters should allow marijuana retailers the option of delivering when there are restrictions preventing other businesses from delivering their product.

 “So I recommend that you vote against it,” he said.

 Town Manager Kim Newman said after the special town meeting that another article will be drafted for the annual town meeting in May to win support for the bylaw amendment.

 “We’ll bring it back in May and clarify that it has a financial component to it,” she said. “Because if other communities can actually make money off their courier services, we can’t. We didn’t do that tonight, but we’ll do a little bit better job of educating why they should do it.”

 “The next time it comes up I think it will pass, and we hope to be a part of that conversation,” said Shane Hyde, CEO of Ember Gardens.

A spreadsheet shared by the Cannabis Control Commission listing businesses that have either received or are in the process of applying for licensing from the commission does not show any retailers on the Cape with a courier license. One business, Tradesman Exchange, LLC of Mashpee, has applied for a courier license. A number of other unlisted entities have filed pre-certifications for courier approval, the spreadsheet shows.

The proposed zoning amendment would not open the door for additional marijuana retailers to come to town. But Spencer Knowles, Chief Operating Officer for Seaside Cannabis, said there’s a sizable demographic of people in Orleans who could benefit from the option of home delivery.

“It’s just easier for folks that are bedridden or have a hard time getting out or frankly can’t just drive,” he said. “It’s another alternative.”

Knowles added that the amendment will allow the town to garner additional revenue through delivery sales. He said that the town should keep up with neighboring towns that may also be considering allowing marijuana deliveries.

“If they are allowed to deliver to Orleans, then the only thing Orleans just voted to ban is tax revenue,” he said of last week’s failed article.

Hyde said Orleans is already losing that revenue to some businesses in Wareham that are licensed and offering delivery service to Cape residents.

“There isn’t [a delivery service] down there on Cape right now, and the first town that implements it and is able to stand it up will have a great first mover advantage,” he said. 

Only marijuana retailers that take part in the commission’s social equity program are eligible for a courier license through the commission. The free program offers technical assistance and training to help “individuals most impacted by the War on Drugs” forge careers in the cannabis industry. Both Seaside and Ember Gardens are participants in the program.

Licensed businesses can offer courier services either through a third party or by establishing their own delivery system, Knowles said. He said the timing is right for Orleans to allow for deliveries in light of the commission’s decision in October to relax its rules governing courier services. That includes doing away with a requirement that delivery vehicles be occupied by at least two people.

“That at least makes the model easier from a funding standpoint, because two drivers is literally twice as much money to do the same thing,” Knowles said.

Hyde added that the proposed bylaw change would be a passive one, as there is no additional infrastructure that comes along with allowing businesses to deliver marijuana.

“Essentially all you need is an address to park that license,” he said. 

Speaking on the town’s Orleans Behind The Scenes podcast last week, select board member Kevin Galligan echoed Newman’s plans to bring an article back to voters in the spring, this time with a bigger educational push.

“I’ve heard from both of our shops who were disappointed, but they will be asking us to bring it back,” he said. “And I’ll be asking them to show up to town meeting to support their article.”

Knowles said Seaside was not actively involved in preparing or promoting the article that went before voters last week, but added that a greater focus will be put behind educating people about why allowing for deliveries is important. Part of that effort, he said, will involve educating voters about who today’s cannabis users are. He said many older adults are shopping at Seaside for therapeutic reasons, including to help them sleep better or alleviate aches and pains.

“Heading into May, that’s really the headline,” he said. “Do you know who the cannabis customer is? You don’t really know. It could be your neighbor. It probably is.”