From: Amanda Zuretti <azuretti@petrinilaw.com>
Sent: Thursday, December 23, 2021 12:18 PM
To: John A. Stefanini <jastefanini@framinghamma.gov>; Thatcher W. Kezer <tkezer@framinghamma.gov>
Cc: Chris Petrini <cpetrini@petrinilaw.com>; Maureen McKeon <mmckeon@framinghamma.gov>
Subject: RE: Marijuana Ordinance
CAUTION: This email originated from outside your organization. Do not click links or open attachments unless you recognize and verify the sender and know the content is safe.
Hi, John, The answers to your question are below:
1. What is the legal authority providing for this conversion?
The Supreme Judicial Court’s August 31, 2021 holding in CommCan, Inc. v. Mansfield, 488 Mass. 291, 296 (2021), stating that “it is plain from the statutory language that the purpose of the provision is to make it easier for medical marijuana dispensaries to convert to retail marijuana sales. See Commonwealth v. LeBlanc, 475 Mass. 820, 821, 62 N.E.3d 34 (2016) (“Clear and unambiguous language is conclusive as to legislative intent”). The only condition of consequence set by § 3 (a) (1) is that the medical marijuana dispensary must have been “licensed or registered not later than July 1, 2017.”
2. Is this an isolated issue or are there other possible “medical” conversions that we should anticipate and plan for?
We do not believe so. Three entities, Manna Wellness, Inc., n/k/a Temescal Wellness of Massachusetts, Inc. at 665 Cochituate Road., Beacon Compassion, Inc. at 315 Worcester Road and CommCan, Inc., which has no location in Framingham, hold Host Community Agreements executed by the Board of Selectmen six years ago on October 20, 2015. These agreements have no termination date. Temescal Wellness was one of the first entities to open both adult use and medical marijuana establishments. Beacon Compassion, Inc., applied for an adult use Host Community Agreement in 2019 has not yet commenced operations in Framingham for its medical marijuana establishment. CommCan, Inc., has no location in Framingham and has not applied for an adult use Host Community Agreement.
3. Should this applicant be required to sign a new HCA?
Yes. Framingham requires a Host Community Agreement for each license type sought from the Cannabis Control Commission. See https://webapps.framinghamma.gov/WebLink/ElectronicFile.aspx?docid=1305335&dbid=0&repo=Framingham
4. What is the status of each of the other locations?
See the response to Question 2 and the spreadsheet below:
| ENTITY NAME | CCC LICENSE TYPE | HCA start | HCA end |
| BEACON COMPASSION INC. | Medical Marijuana Treatment Center | 10/20/2015 | None stated |
| BAYSTATE CANNABIS CULTIVATION, LLC, F/K/A CAREGIVER-PATIENT CONNECTION, LLC | Product Manufacturer | 7/22/2019 | 3 years from Final License |
| BAYSTATE CANNABIS CULTIVATION, LLC, F/K/A CAREGIVER-PATIENT CONNECTION, LLC | Cultivator | 7/22/2019 | 4/16/2024 |
| CLOUD CREAMERY, LLC | Product Manufacturer | 7/26/2019 | 6/30/2022 |
| COMMCAN, INC. | Medical Marijuana Treatment Center | 10/20/2015 | None stated |
| COMMONWEALTH FARM 1761, INC. | Product Manufacturer | 10/28/2019 | 10/28/2022 |
| COMMONWEALTH FARM 1761, INC. | Cultivator | 10/28/2019 | 10/28/2022 |
| CMA HOLDINGS, LLC (assignee of CULTIVATE LEICESTER, INC.) | Medical Marijuana Treatment Center | 7/10/2019 | 6/30/2022 |
| CMA HOLDINGS, LLC (assignee of CULTIVATE LEICESTER, INC.) | Retailer (non-medical) | 7/10/2019 | 6/30/2022 |
| INNOVATIVE FLOWER, LLC, d/b/a CROP | Retailer (non-medical) | 9/30/2019 | 9/30/2022 |
| MCR LABS, LLC | Laboratory | 7/31/2018 | 7/31/2023 |
| NOVA FARMS, LLC (BCWC, LLC) | Retailer (non-medical) | 8/22/2019 | 8/22/2022 |
| RICHARDS FLOWERS, LLC | Cultivator | 12/17/2020 | 12/17/2023 |
| TEMESCAL WELLNESS OF MASSACHUSETTS HOLDINGS, LLC, f/k/a TEMESCAL WELLNESS OF MASSACHUSETTS INC., f/k/a MANNA WELLNESS, INC. | Medical Marijuana Treatment Center | 10/20/2015 | None stated |
| TEMESCAL WELLNESS OF MASSACHUSETTS HOLDINGS, LLC, f/k/a TEMESCAL WELLNESS OF MASSACHUSETTS INC., f/k/a MANNA WELLNESS, INC. | Retailer (non-medical) | 5/13/2019 | 5/13/2022 |
| LIFE ESSENCE INC. (“LIFE ESSENCE”) DOING BUSINESS AS TRULIEVE (assignee of PATIENT CENTRIC OF MARTHA’S VINEYARD, LLC) | Medical Marijuana Treatment Center | 11/17/2021 | 11/17/2024 |
| LIFE ESSENCE INC. (“LIFE ESSENCE”) DOING BUSINESS AS TRULIEVE (assignee of PATIENT CENTRIC OF MARTHA’S VINEYARD, LLC) | Retailer (non-medical) | 11/20/2019 | 11/20/2022 |
| UNION TWIST, INC. | Retailer (non-medical) | 3/26/2019 | 3/25/2022 |
| GREEN ANALYTICS, (assignee of VIRIDIS ANALYTICS MA, LLC, d/b/a EVIO LABS) | Laboratory | 8/1/2018 | 8/1/2023 |
| MASSACHUSETTS SOLVENTLESS EXTRACTIONS, LLC | Product Manufacturer | TBD | TBD |
| PINE DELIVERY, INC. | Delivery Operator | 12/8/2021 | 12/8/2024 |
| PINE DELIVERY, INC. | Delivery Courier | 12/8/2021 | 12/8/2024 |
5. What changes are needed to our ordinances to make this change?
An amendment to General Ordinances Article VIII, Section 9.3 to allow a seventh adult-use marijuana retail establishment requires a majority vote of the City Council.
Sincerely,
Amanda Zuretti
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313
—–Original Message—–
From: John A. Stefanini <jastefanini@framinghamma.gov>
Sent: Thursday, December 23, 2021 11:41 AM
To: Thatcher W. Kezer <tkezer@framinghamma.gov>; Amanda Zuretti <azuretti@petrinilaw.com>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.com>; Maureen McKeon <mmckeon@framinghamma.gov>
Subject: Re: Marijuana Ordinance
[EXTERNAL SENDER]
Good. Let’s talk on Tuesday at 2:00. Please call my conference number at 888-472-4293,,4066007#. The background materials were helpful. A few additional questions:
1. What is the legal authority providing for this conversion?
2. Is this an isolated issue or are there other possible “medical” conversions that we should anticipate and plan for?
3. Should this applicant be required to sign a new HCA?
4. What is the status of each of the other locations?
5. What changes are needed to our ordinances to make this change?
Thank you.
John
From: Thatcher W. Kezer
Sent: Wednesday, December 22, 2021 2:30 PM
To: Amanda Zuretti
Cc: Chris Petrini; John A. Stefanini; Maureen McKeon
Subject: Re: Marijuana Ordinance
John,
I am available between 2:00-4:00 across Monday, Tuesday and Wednesday. I am scattered the other times during those days.
Thatcher
Thatcher W. Kezer III
Chief Operating Officer
On Dec 22, 2021, at 2:27 PM, Amanda Zuretti <azuretti@petrinilaw.com<mailto:azuretti@petrinilaw.com>> wrote:
CAUTION: This email originated from outside your organization. Do not click links or open attachments unless you recognize and verify the sender and know the content is safe.
Hi, John, I am in the office from Monday to Thursday next week. With the exception of noon to 2:00 p.m. on Monday and Wednesday, I’m available. Sincerely,
Amanda Zuretti
Petrini & Associates, P.C.
From: Christopher J. Petrini <cpetrini@petrinilaw.com<mailto:cpetrini@petrinilaw.com>>
Sent: Wednesday, December 22, 2021 2:22 PM
To: John A. Stefanini <jastefanini@framinghamma.gov<mailto:jastefanini@framinghamma.gov>>; Thatcher W. Kezer <tkezer@framinghamma.gov<mailto:tkezer@framinghamma.gov>>
Cc: Amanda Zuretti <azuretti@petrinilaw.com<mailto:azuretti@petrinilaw.com>>; Maureen McKeon <mmckeon@framinghamma.gov<mailto:mmckeon@framinghamma.gov>>
Subject: RE: Marijuana Ordinance
John, happy holidays. I’ll leave for Amanda and Thatcher to schedule the meeting with you. They have been keeping me informed.
Christopher J. Petrini
—–Original Message—–
From: John A. Stefanini <jastefanini@framinghamma.gov<mailto:jastefanini@framinghamma.gov>>
Sent: Wednesday, December 22, 2021 2:21 PM
To: Thatcher W. Kezer <tkezer@framinghamma.gov<mailto:tkezer@framinghamma.gov>>
Cc: Amanda Zuretti <azuretti@petrinilaw.com<mailto:azuretti@petrinilaw.com>>; Maureen McKeon <mmckeon@framinghamma.gov<mailto:mmckeon@framinghamma.gov>>; Christopher J. Petrini <cpetrini@petrinilaw.com<mailto:cpetrini@petrinilaw.com>>
Subject: Re: Marijuana Ordinance
[EXTERNAL SENDER]
Good afternoon. Thatcher and I spoke last night and in lieu of a meeting, we will do a call next week. What time works for the two of you? John
From: Thatcher W. Kezer
Sent: Tuesday, December 21, 2021 6:03 PM
To: John A. Stefanini
Cc: Amanda Zuretti; Maureen McKeon; Chris Petrini
Subject: Re: Marijuana Ordinance
I’m looking for the Zoom link.
Thatcher W. Kezer III
Chief Operating Officer
On Dec 21, 2021, at 2:40 PM, John A. Stefanini <jastefanini@framinghamma.gov<mailto:jastefanini@framinghamma.gov<mailto:jastefanini@framinghamma.gov%3cmailto:jastefanini@framinghamma.gov>>> wrote:
As there is insufficient time for us to adopt an ordinance to create a seventh license and simultaneously there will be a change in the Mayor’s office, the Council wanted to gather the information and outline option to cure this problem so that the next Council is prepared to address this matter in early January. Or more simply put, the agenda is yours to set. John
From: Amanda Zuretti <azuretti@petrinilaw.com<mailto:azuretti@petrinilaw.com<mailto:azuretti@petrinilaw.com%3cmailto:azuretti@petrinilaw.com>>>
Sent: Tuesday, December 21, 2021 12:48 PM
To: John A. Stefanini; Thatcher W. Kezer
Cc: Maureen McKeon; Chris Petrini
Subject: RE: Marijuana Ordinance
CAUTION: This email originated from outside your organization. Do not click links or open attachments unless you recognize and verify the sender and know the content is safe.
Councilor Stefanini, What is the agenda for the meeting?
Amanda Zuretti
—–Original Message—–
From: John A. Stefanini <jastefanini@framinghamma.gov<mailto:jastefanini@framinghamma.gov>>
Sent: Tuesday, December 21, 2021 12:44 PM
To: Thatcher W. Kezer <tkezer@framinghamma.gov<mailto:tkezer@framinghamma.gov>>
Cc: Amanda Zuretti <azuretti@petrinilaw.com<mailto:azuretti@petrinilaw.com>>; Maureen McKeon <mmckeon@framinghamma.gov<mailto:mmckeon@framinghamma.gov>>
Subject: Re: Marijuana Ordinance
[EXTERNAL SENDER]
?Thank you both. I will send you the Zoom information when it is available. Please forward any background information you would like us to incorporate into the public record. John
From: Thatcher W. Kezer
Sent: Tuesday, December 21, 2021 10:05 AM
To: John A. Stefanini
Cc: Amanda Zuretti
Subject: Re: Marijuana Ordinance
I’m available at 6:00.
Thatcher W. Kezer III
Chief Operating Officer
On Dec 20, 2021, at 9:16 PM, John A. Stefanini <jastefanini@framinghamma.gov<mailto:jastefanini@framinghamma.gov<mailto:jastefanini@framinghamma.gov%3cmailto:jastefanini@framinghamma.gov>>> wrote:
Good evening. Following up on the last Council meeting, are the two of you available to brief the Rules & Ordinance Subcommittee on Tuesday, December 28 at 6:00 PM via Zoom to discuss amendments to this ordinance to address the issue that you raised at our meeting. To be clear, we will be gathering information to file with Council in January as there is insufficient time left in the current session to resolve this matter this year.
Thank you. John