Permanent Pot Store Rules OK'd In West Hartford

WEST HARTFORD, CT — Local officials Tuesday put the stamp of approval on finalized regulations regarding recreational cannabis retail establishments in West Hartford.

The West Hartford Town Council Tuesday voted 6-3 along party lines in favor of a permanent "Ordinance Concerning Zoning Regulations for Cannabis Establishments."

Republicans on the council claimed the smell of pot caused a nuisance in town and, thus, the current regulations only allowing two marijuana stores in town was sufficient.

Democrats, however, said current cannabis retailers in West Hartford were members of the business community and there are some benefits to cannabis, despite its offensive smell.

A public hearing on the proposal was opened on May 14 and quickly continued to Tuesday, May 28.

The new rules limit the amount of operations in town; the distance between them; and their proximity to local schools, parks, libraries, or municipal recreation sites.

In 2022, West Hartford approved a temporary ordinance allowing the establishments just before the start of legalized, adult retail sales of recreational cannabis products in the state.

But that regulation expires on June 30, with West Hartford officials earlier this year unveiling a new draft ordinance to be the town's permanent pot policy.

The plan was for the town to repeal the existing, temporary regulations and replace them with a modified, permanent set of cannabis rules — which it did Tuesday.

Those new rules include:

• Prohibit cannabis retailers from being within 500 feet of a school, park, recreational site, and library.

• Prohibit cannabis retailers from being within 5,000 feet of another cannabis establishment.

• The town planner can grant site plan approval for more than three cannabis retail establishments in town. The temporary rules limited it to two.

• Various zoning restrictions regarding where future establishments can be located, the general goal being spread out in town.

The West Hartford Plan & Zoning Commission approved the ordinance May 6 and recommended approval by the council, which has the final say on ordinances.

West Hartford Town Manager Rick Ledwith said, so far, two cannabis retail establishments have opened in town — BUDR Cannabis in 2023 and Sweetspot Farms in February.

"Both of them have been welcome members of our small business community," Ledwith said Tuesday.

No members of the public spoke about the ordinance Tuesday and the hearing was quickly closed after some council members' questions were answered.

Before the vote, council members weighed in on the matter, with Republicans opposed to it and Democrats supporting it.

Burke Doar was serving as a "council zoning alternate" for Republican Alberto Cortes — something allowed in the charter. He voted "no" on the ordinance.

"I think the current ordinance as established is sufficient to address the recreational use of cannabis in West Hartford. That is the law that's on the books," Doar said.

"There is a growing concern about the use of cannabis as a nuisance. Because, at least with some of it, it creates quite a smell."

He compared it to growing up when most people smoked and that was a common nuisance to have to deal with.

"I just think, right now, my concerns for that outweigh amending this ordinance. So I would be respectfully voting against this ordinance," Doar said.

Democrats, who hold a 6-3 edge on the council, supported the ordinance, stating it represented a legal balance between business development and regulating a unique product.

"This is a product that is legal in Connecticut," Polun, a Democrat, said adding cannabis sales are more regulated than any other product in the state.

"I recognize this is still very new for us and that is why I think a balanced approach, like the one that we have in front of us, makes a lot of sense right now," she said.

"I do agree with Mr. Doar that the smell is a nuisance. I, personally, can't stand it," Polun said. "But this ordinance doesn't address this issue at all. Perhaps that could be an issue for another day, but it's not going to be an issue with this ordinance."

West Hartford Mayor Shari Cantor said municipal officials who decide zoning issues shouldn't make their decisions based on personal beliefs about what's being sold.

"We should never zone for our own personal beliefs. That's not what we, up here, are doing," Cantor said.

She said she knew people who used cannabis to deal with the pain while battling terminal cancer and benefitted from the product.

Cantor said three establishments "geographically spread out is really good for people who do struggle with a variety of issues and this does provide some relief."

Voting "yes" on the ordinance were Democrats Cantor, Polun, Ben Wenograd, Carol Blanks, Barry Walters, and Tiffani McGinnis. Voting "no" were Republicans Doar, Mary Fay, and Mark Zydanowicz.

For a copy of the new 'Ordinance Concerning Zoning Regulations For Cannabis Establishments,' click on this link.

From April 2: 'Permanent Pot Sales Rules Eyed In West Hartford'