West Hartford City Council updates cannabis ordinance – We-Ha

On Tuesday, the West Hartford City Council voted 6-3, along party lines, in favor of changes to the cannabis ordinance that will now allow an additional retailer to open in the city but provide a buffer between retailers.

by Ronnie Newton

The West Hartford Zoning Ordinance adopted in May 2022, allowing the sale and cultivation of adult-use cannabis in the city subject to certain regulations, was enacted as a temporary measure and expired on June 30, 2024, and on Tuesday evening, officials adopted a permanent order. The City Council voted by a 6-3 majority, with all six Democrats voting for the amended ordinance and three Republicans voting against it.

There were no speakers and no testimony provided at the public hearing, held just before Tuesday evening’s council meeting, but the hearing allowed Mayor Rick Ledwith to hear and answer questions from council members about the proposed ordinance changes. which was previously discussed at length by the Council’s Committee for Social Planning and Economic Development (CPED).

The most significant updates to adult-use cannabis zoning regulations are intended to allow a maximum of three retail outlets to be located in West Hartford – an increase from the current limit of two – but limited to the BN, BS and BG zones, which are all shopping zones. West Hartford Center and Blue Back Square, as well as the Elmwood business district, are not included in the permit zones. Additionally, 5,000 feet of separation will now be required between cannabis retailers. The updated regulation also modified the technical rules for measuring the distance between retailers and the distance from municipal properties to be consistent with the regulations on measurements used in liquor stores.

Two existing cannabis retailers – BUDR and Sweetspot, which Ledwith said have become “welcome members of our business community” – are located approximately 350 meters from each other at the intersection of Boulevard and Park Road with Prospect Avenue, respectively. Ledwith said cannabis retailers in these locations are taking advantage of the distance restrictions in the newly adopted regulation.

Ledwith noted that when Public Law 21-1, the Responsible and Fair Regulation of Adult-use Cannabis Act (RERECA), first went into effect in July 2021, there was a cap on the number of licenses that would be issued to a specific municipality for one retailer and one manufacturer per 25,000 residents by June 30, 2024. There was also initial confusion over whether the goal of the population limit was to round up or down — and whether West Hartford, with its approximately 64,000 residents — would be allowed by the state to have two or three retailers. Further clarification showed that the intention was to round down.

However, midway through the City Council meeting on May 24, 2022, while considering the ordinance, Governor Ned Lamont signed PA-22-103, a bill passed by the legislature as HB 5329, which eliminated the population-based license cap. Although the state removed the restriction, after discussion, an ordinance approved by the City Council that evening required a limit of two retail stores and two manufacturers each in West Hartford, required a 500-foot buffer from schools, public parks, city recreation facilities and libraries, and designated specific zones where retailers could be located, and separate zones where manufacturing plants could be located.

Republican Mary Fay asked during the public hearing why Bishops Corner was not excluded while other business districts were excluded. Ledwith noted that the two current retailers are very close to each other, “leaving Bishops Corner as a potential site that will create an even greater buffer from these two locations.”

Many of the retail spaces in Center and Blue Back Square are within 500 feet of city buildings or the Veterans Memorial, which precludes them from qualifying as cannabis establishments, Ledwith said, and CPED members determined it was best not to include those zones as eligible locations.

Fay was one of those who voted against the original ordinance, and on Tuesday before voting against the revision, she noted that data was still limited and expressed concern about the possibility of allowing a business to be established in Bishops Corner.

Ledwith said the 5,000-foot buffer, which is just less than a mile, will also eliminate the opening of additional retailers along Park Road.

Burke Doar, Republican Alberto Cortes’ deputy for zoning, who was absent from the meeting, asked about the impact of the new ordinance on manufacturing plants, including micro-cultivators and food and beverage producers. Ledwith said the new ordinance does not limit the number of manufacturers who can operate in the city, but limits their locations to industrial zones, as was the case with the interim ordinance. There are currently no producers in West Hartford.

Before voting against the amended ordinance, Doar also expressed concern that the odor of marijuana was perceived as “annoying” by many community members. “I think cities are going to have to grapple with this in the future,” he said, stating that his concerns “outweigh the benefits” of the ordinance.

Democrat Carol Blanks noted that she saw brisk business over the weekend at one of West Hartford’s existing cannabis retailers and thought it made sense to allow a facility to open elsewhere in the city. “It would be a benefit to people on the other side of town… clearly there is a need for these services in our community,” she said.

Republican Mark Zydanowicz, who voted against the amended ordinance, believed there really wasn’t enough history with the current regulations to justify allowing another retailer. “We tried to avoid this cluster, and in some ways we succeeded,” he said, asking if there was a third group and if everyone was taken care of, whether the council would reconsider the ordinance in two years. He said that if a fast food restaurant like McDonald’s is busy, you don’t just open another one; If you want, wait a little longer in line for your burger.

Zydanowicz said he appreciates the 5,000-foot buffer but thinks the council’s original decision to allow two retailers is fine as is.

Democrat Deb Polun said cannabis is a legal product in Connecticut and other retailers are not regulated in this regard. “I agree with Mr. Doar that the smell is bothersome,” she said, adding that she “personally cannot stand it.” But people will buy it elsewhere, and the odor nuisance will not be related to the number of retailers in the city, she added.

Deputy Mayor Ben Wenograd agreed. “As an authority responsible for spatial planning, we have a lot of power,” he said, recommending that the council “be humble” about that power. “I think we also need to be humble about broader public policy issues.”

Wenograd advocated a more “libertarian, laissez-faire” approach to legal businesses in our city and said he is not aware of any police or traffic issues since cannabis retailers have been allowed.

“I think how we got here is not a perfect process… but our experience justifies limited expansion,” Wenograd said.

“I appreciate all of your comments and I actually agree with all of you,” said Mayor Shari Cantor, noting that cannabis is a product that carries benefits and risks, “and can also be burdensome.” She stated that dangerous driving is something that needs to change in general and agreed with Wenograd that “we should never be guided by our personal beliefs.”

Cantor said she had friends who suffered from terminal cancer and cannabis provided the only relief – and in the past that meant their caregivers had to travel to get the product. While Zydanowicz’s hamburger analogy makes sense for many products, “in this case, because we’re trying to figure out what the right number is, geographic distribution is really important to people who are struggling with different issues.” She said she thinks three, with a 5,000-foot buffer and a measurement consistent with calculating distances between liquor stores, is appropriate.

Cantor said the city’s existing ordinance has expired and while the state may impose further restrictions on the cannabis industry in the future, she does not anticipate the city will need to further modify its ordinance.

Absent any ordinance, retail cannabis stores will be allowed to open in the city “as permitted by law” and will not be subject to any buffer or restrictions other than those applicable to other types of retail establishments.

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