City Lawyer: State Law Allows Cannabis Deliveries to Haverhill Homes from Out-of-Town Outfits

Haverhill City Solicitor Lisa L. Mead. (WHAV News photograph.)

Click image for Haverhill City Council agenda.

Delivery of cannabis to Haverhill homes from out-of-town is allowed under state law, the city solicitor says, but local stores may not make such deliveries until they first negotiate terms in their host community agreements with the city.

At least that appears to be the opinion of City Solicitor Lisa L. Mead in a letter to the Haverhill City Council dated last Thursday. Councilors will formally hear the view during talks tonight on a state-mandated “social equity” policy that promises added benefits for shop applicants “disproportionately impacted by the War on Drugs.” The state requires the city to have a policy in place by May 1 or face penalties.

Councilors are expected to hear recommendations from its Administration and Finance Committee that suggested changes to a draft policy during a meeting last week. One of the provisions, that qualifying applicants have “exclusive access” to delivery licenses for three years, brought concern by Councilor Melissa J. Lewandowski.

“We should have some type of verbiage in the zoning relative to delivery. There should be some language in there on the limits on how much we’re allowing to be in the vehicle, operating hours, etc.,” Lewandowski said. “And I understand that all that is also codified in CCC regulations regarding delivery, but I just think it behooves us as a community to be able to do that because we can under local control.”

The social equity policy covers a number of situations, including favoring applicants with a “prior marijuana-related criminal conviction,” “part of an Area of Disproportionate Impact” as identified by the state Cannabis Control Commission or a minority.

Councilors last week said they had no knowledge the city had agreed to accept deliveries. In Thursday’s letter, Mead clarifies, state regulations make deliveries legal to any community “which allows for retail within its borders.” She pointed out further that Haverhill zoning says “marijuana establishment” also includes “any other type of licensed marijuana-related business,” which includes “delivery couriers or delivery operators.”

However, existing local stores must first have delivery spelled out in their host community agreements. The state further specifies deliveries are not allowed between 9 p.m. and 8 a.m.

The Haverhill City Council meets tonight at 7, remotely and in-person at the Theodore A. Pelosi Jr. Council Chambers, room 202, Haverhill City Hall, 4 Summer St., As a public service, 97.9 WHAV plans to carry the meeting live.

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