NewHavenBIZ

12 n e w h a v e n B I Z | M a r c h 2 0 2 2 | n e w h a v e n b i z . c o m Planning & Zoning By Skyler Frazer A t least 30% of Connecticut municipalities have banned or instituted a moratorium on recreational marijuana businesses, according to data tracked by the Department of Consumer Protection, posing serious challenges for the industry as it looks to get off the ground in the months ahead. But cities and towns that embrace the sector early on – at least 12 have established zoning rules permit- ting adult-use cannabis companies, according to DCP – will have an advantage in spurring potential eco- nomic development activity when the recreational market officially launch- es, potentially by the end of this year, experts said. "ere's no doubt that there's a commercial sector that's coming to life out there and it's focusing on communities where there aren't currently moratoriums," said Ed La- vernoich, president of the Bridgeport Economic Development Corporation, a nonprofit organization that advo- cates for economic and community development in Connecticut's largest populated city. Bridgeport has approved regula- tions allowing adult-use cannabis businesses, as have a number of Greater Hartford cities and towns, including Hartford, East Hartford, Manchester and East Windsor. DCP has developed a database that tracks how municipalities are regulating the industry. As of Feb. 22, 38 municipalities have instituted moratoriums, 14 prohibited cannabis businesses, and 12 have greenlit the industry, DCP data shows. "Zoning definitely gives more clarity to the process [of opening a cannabis business]," said Daniel Glissman, a partner at Hartford law firm MacDermid Reynolds & Gliss- man. "If there's zoning in place, that helps the applicants, the operators know where they need to be looking for locations." Strategic zoning Tracking local zoning rules has become a bit of a cottage industry for firms offering legal and other adviso- ry services to cannabis companies. Knowing which municipalities are receptive to the industry is key in determining where prospective com- panies – ranging from dispensaries and production facilities to packing companies and delivery services – can locate their business. Even cities and towns allowing adult-use establishments have their own patchwork of rules and regu- lations that typically restrict where companies can locate. Glissman said he's developed his own database tracking local cannabis zoning rules. So has law firm Carmo- dy Torrance Sandak & Hennessey. Jacqueline Kaufman, a partner at the New Haven-based firm, said many local planning boards are still in the early stages of developing zon- ing regulations. Many have enacted moratoriums so they can consult with attorneys and other advisors, and get a feel for what their residents want. She said she remembers a similar wave of mora- toriums and bans when Connecticut legalized medical marijuana. Kaufman said moratoriums were smart policy in some cases simply because there was so much uncertain- ty over how the industry would take shape – including how many licenses would be available for each business type – aer the law passed last June. "ey decid- ed, 'we're going to put this on ice. We are going to adopt a one-year morato- rium to study this, have our attorneys and those in the state determine exactly how this is going to pan out,' " Kaufman said. "at will allow them to make better decisions." Kaufman said many new cannabis zoning regulations are similar to how communities regulate liquor stores and alcohol sales. Liquor statutes dic- tate things like hours of operation and proximity to other alcohol establish- ments, and limit sales to certain parts of town. "We're going to see a similar set of rules and regulations applied to adult-use cannabis establishments," Kaufman said. Kaufman said some towns may elect to restrict certain types of businesses, like dispensaries, but permit others, like a grow facility or distributor. Here's how municipalities are preparing for the recreational marijuana industry Jacqueline Kaufman Daniel Glissman is a partner at Hartford law firm MacDermid Reynolds & Glissman. Curaleaf employees monitor a cannabis harvest at the company's Simsbury grow facility, which is poised for growth with expansion of the recreational market. PHOTO | STEVE LASCHEVER

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