State rejects Charlton marijuana bylaw

A $100-million marijuana cultivation facility was handed another legal win Thursday as Charlton grapples with its proposed 1-million-square-foot cultivation facility. 

A general bylaw brought by a citizens petition and approved at an October town meeting required selectmen to obtain town meeting approval for host community agreements. That law was partially struck down by the state Attorney General’s Office. 

The bylaw was largely due to resident opposition to Valley Green Grow’s proposal to build the facility on the Charlton Orchards land after opponents say host community agreements were signed in May before residents knew much about the project.

In a letter to the town, Assistant Attorney General Margaret Hurley called parts of the bylaw unreasonably practical because it conflicts with state law governing the marijuana industry, which states a town’s board of selectmen are the body approving host community agreements. 

The state rejected language that would have rendered previously negotiated host community agreements null and void. 

The only part of the bylaw accepted is language requiring selectmen to comply with the state’s marijuana law. 

The legal win for Valley Green Grow and Four Score — another marijuana company hoping to open in town — comes after the Planning Board earlier this month voted to deny the site plan approval, to which the company said it will appeal.

The Planning Board earlier this week held off on approving a subdivision plan meant to freeze the land’s zoning from any changes.

Despite the opposition and uphill legal fight, Michael Rosen, an attorney for Valley Green Grow, told WBJ the company is committed to the Charlton site.

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Valley Green Grow appeals another Charlton Planning Board decision