Old Saybrook’s Zoning Commission (ZC) will hold a public hearing on May 2 over a proposed regulation that would place stringent limits on retail marijuana shops in town. The proposed regulations would limit stores to only to the B-4 district and only businesses permitted prior to Jan. 1, 2022, effectively limiting applicants to one of two businesses that received prior approval from the town but have yet to win a permit from the state.

The commission is also proposing prohibiting the gifting of marijuana and smoking parties. Under the proposal “the gifting of cannabis of cannabis products as a free gifted item included with the retail of sale of another item or gifting at gatherings, parties, cannabis smoking, and fundraisers where a cover charge, raffle, or other type of lottery is used to gift cannabis products is expressly prohibited in all zoning districts.” Additionally, “The mass gathering of people to smoke cannabis in any structure or enclosed area other than a single-family residential dwelling” is also prohibited.

The town also has a set of proposals for the B-4 zone where a retail shop could potentially open.

“An existing, or proposed, adult use and/or medical cannabis dispensary facility may be expanded, enlarged, or changed by Special Exception Permit subject to the following standards:

“A. The existing or proposed adult use and/or medical cannabis dispensary facility obtained an approved application for Certificate of Zoning Compliance (CZC) prior to Jan. 1, 2022.

“B. The lot size has not increased or decreased in size since the original CZC application approval prior to Jan. 1, 2022.

“C. Use changes will be limited to types of retail uses only (medical, adult, or hybrid sales).

“D. The addition of Cannabis Manufacturing/Growing is not proposed.”

Last year, Connecticut legislators passed a bill that legalized recreational marijuana use by adults in the state. The bill left it up to local municipalities to control its sale in each town.

In Old Saybrook, the ZC opted to enact a moratorium in October 2021 that would last until May 2022. Town Planner and Zoning Enforcement Officer Chris Costa explained to the Harbor News at the time that having a moratorium in place would prevent any applicants from applying to change the zoning or apply to open a retail cannabis store while the commission took time to further study the issue.

As the deadline of the moratorium has approached, the commission has proposed the new regulations that strictly limits where cannabis could be sold.

However, there is a catch in which marijuana retail could potentially happen in Old Saybrook. In 2018, the ZC approved applications for two medical marijuana dispensaries in the B-4 zone. One of the applicants, Pauleeok, LLC, received administrative approval in 2021 to allow it to convert from a medical marijuana dispensary to retail marijuana sales for adult use.

Costa explained at the time that because the commission had approved the 2018 application as a retail use and because the applicants were going from one retail use to another retail use, she was bound to approve it as the town had no regulations at that time on the books outlawing retail marijuana retail applications.

Costa said that the ZC’s legal counsel agreed with that opinion. Costa also said that there’s a chance that the stores might never come to fruition in Old Saybrook. The applicants would still need to get licensing approval from the state, which is a long process.

Under the bill passed by the legislature, there can only be one marijuana retail location per 25,000 people until at least 2024. This means only one store would be allowed to open in Old Saybrook.

If allowed in town, Old Saybrook would receive a three percent tax from all sales; those funds must be used for a specific set of projects.

The meeting will take place at 7 p.m. at Town Hall and via Zoom; visit www.oldsaybrookct.gov for attendance details.