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  • Mary Jane Makes Your Heart Sing - Cease and Desist

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    The Republican/MassLive.com
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    The City of Springfield has shut down Mary Jane Makes Your Heart Sing, a store on Page Boulevard that charged an admission fee and then gave out "free" samples of cannabis to customers.

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    The City of Springfield has shut down Mary Jane Makes Your Heart Sing, a store on Page Boulevard that charged an admission fee and then gave out "free" samples of cannabis to customers.

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    3K Ansichten22 Seiten

    Mary Jane Makes Your Heart Sing - Cease and Desist

    Hochgeladen von

    The Republican/MassLive.com
    The City of Springfield has shut down Mary Jane Makes Your Heart Sing, a store on Page Boulevard that charged an admission fee and then gave out "free" samples of cannabis to customers.

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 22
    Alesia H. Days, Esq. Director of Licensing Law Department Seca free Room 210 ‘Seta a O51 ces) eos hes! (19) Yar 2167 Poe a forsee ra scaedapnen tc ‘Anna Martinez, Legal Assistant imc tt) Peete Eval anatresereetchncr THE CITY OF SPRINGFIELD, MASSACHUSETTS DEMAND TO CEASE AND DESIST March 1, 2017 ‘BY HAND DELIVERY AND REGULAR MAIL Mr. Charles M. Christian Ir Mary Jane Make Your Heart Sing LLC 18651 Page Blvd. Springfield MA 01151 WON Management LLC 90 Merrill Ral Springfield, Ma 01119 Re: Violating City Ordinances and provisions of the General Laws of Massachusetts with ‘regard fo recreational marijuana, ‘Charles M. Christan, Jr, or other property manager/owner: I has come to the attention of the City of Springfield thatthe establishment known as Mary Jane Make Your Heart Sing LLC located at 1865B Page Blvd., Springfield MA 01119, is ‘curently operating in violation of laws conceming the recent passage of Ballot Question 4 regarding marijuana as well as the Ordinances of the City of Springfield ‘This letter is a demand from the City requesting that you cease and desist from these the violations. The failure to do so will result in the City exercising all legal options to seek enforcement. More infoematinn is cet forth helow. ‘According to a communication from the Police Department you identified yourself as the ‘owner of Mary Jane Make Your Heart Sing LLC located at 1865B Page Blvd. and explained to the police officer that your business sells Vapor pens, Pipes, Oils and clothing and you offer “free infused-edibles (with THC) and herb (Marijuana) According tothe Police Depariment, the door fo your business is locked at all times and is only opened to allow a limited number of customers in ata time. Once the customer gets inthe door, everyone is “carded” to ensure they are 21 years old, and, in accordance witha sign posted on the business, an explanation of how & eover charge” is paid, Specifically, a $20 dollar cover charge allows a customer to use the 1 ‘money toward the purchase of any item(s) in the store (Pens, Pipes, Oils Clothing Etc.) and then upon leaving a customer receives one “free gift” on the way out consisting of 1 gram of ‘marijuana or an edible infused with marijuana. A $50 dollar V.LP. cover charge allows a ceustomer $50 dollars toward the purchase of any of the item(s) inthe store and on the way out the customer gets a “Ire gift” of 3 grams of marijuana or edibles. Once the customer accep the items they are ushered out the door. When asked how a determination of strength and quality of the product “given away”, Mr. Christian advised the officer the marijuana is tested every day to determine the strand, strength and quality. When questioned how long the business has been ‘open and whut licenses were held for operation, the officer was told the store has been open for roughly 4 weeks since 01/16/17 and a Sales and Use Tax Registration Certificate (Form ST=1) ‘was posted on the wall behind the register. Currently, the Commonwealth of Massachusetts is in the process of creating a complex: ‘web of different rules for licensed and unlicensed sellers; for juveniles, young adults, and colder adults; for those who sell drugs for profit, and for those who give drugs away. (See Chapter 334 ofthe Acts of 2016, «copy of which is attached hereto), Within certain limits, the new law authorizes some conduct that had previously been prohibited. Beyond those limits, however, possession, cultivation and distribution of marijuana remain illegal under state law. In addition, the Springfield City Council has enacted Interim Regulations for Recreational Marijuana, (See Section 4.7.110 of the Ordinances of the City of Springfield, a copy of whieh is attached hereto.) The sale of recreational marijuana is not permitted in any ‘zoning district in the City of Springfield so long as Section 47.110 isin effec Sesion 47.110 of the City Ordinances is intended to provide restitions that will allow the City of Springfield adequate time to consider new regulations to allow facilites associated with the recreational sale of marijuana tothe extent that such facilities are alloweai under state Jaws and regulations. Given that a law pemmitting the reereational use of marijuana in the (Commonwealth of Massachusetts was approved by the voters on November 8, 2016, a restriction ‘on the establishment of such facilities inthe City of Springfield shall provide the opportunity to sudy their potential impacis on adjacent uses and on general public health, safety and welfare, ‘and to develop zoning and/or other applicable regulations that appropriately address these ‘considerations consistent with statewide regulations and permitting procedures, which are currently being developed. According to the information received, no application process has ‘been developed by the Commonvsealth to date, and no licenses have been ised. Considering the above, you have filed to submit any applications or follow any procedures for the issuance of licenses to operate marijiana establishments under sate or local laws; pay any fees relative to the business conducted; ‘ailed to mest any standards for qualifications for licensure and minimum standards for employment that are directly and demonstrably related to the operation of a marijuana establishment, failed to meet any reqjuitements forthe security of matijuana establishments, including security, lighting, video and alam requirements and requirements for the secure transportation and storage of marijuana, ‘marijuana plants and marijuana products; failed to meet state established standards prohibiting sales to person under 21 years of age; failed to meet requirements for record keeping by ‘marijuana establishments and procedures to track marijuana and marijuana products cultivated, processed, manufactured, delivered or sold by marijuana establishments; failed to meet health 2 and safety standards forthe cultivation, processing, manufacture and distibution of marijuana and marijuana products, including standards regarding sanitation for the preparation, storage, handling and sale of food products and reasonable limitations on the use of organic and non- “organic pesticides; failed to meet requirements for the packaging of marijuana and matijuana ‘products, which shall include special packaging requirements to protest children fom ingesting ‘marijuana or marijuana produets and requirements for dividing each serving within a package containing multiple servings in a manner that allows consumers to easly identify a single serving; failed to meet requirements for the Isbeling of © package containing marijuana or ‘maijuana produets that shall include a symbol or other easily recognizable mark indicating that the package contsins marijuana and an identfiation of the marijuana cultivator or the marijuana product manufacturer who produced the marijuana or marijuana product, and for the labeling of ‘a package containing marijuana produets, the amount of tetrahydrocannabinol in a package and in each serving of « marijuana product, the umber of servings in a package and a list of ingredients and possible allergens; failed to meet requirements forthe esting of random samples cof marijuana and marijuana produets to verify that marijuana and marijuana products are accurately labeled and to verify that produets intended for human consumption do not contain, contaminants that are in excess of typieal standards applied to other commercially available products intended for human consumption; failed to meet requirements for safe disposal of ‘excess, contaminated, adulterated or deteriorated marijuana or marijuana products; failed to meet reasonable restrictions on signs, marketing, displays and advertising with respeet to marijuana, ‘marijuana products and marijuana accessories, including prohibiting marketing or advertising designed to appeal to children, According to guidance issued by the Commonwealth of Massachusetts Executive COftice of Public Safety and Security, (a copy of which is attached) the new law allows persons not licensed to operate a marijuana establishment to “git” marijuana in quantities lunder one ounee, but not to sell marijuana ia any quantity. Attempts to evade this safe harbor ‘with delayed of disguised payments, contemporaneous reciprocal “gits” of money or items of value, or other sham transactions, will remain a criminal act. See G. L. ¢. 94C, §32C. ‘Simply put, where a person isnot operating under the required license, the form of marijuana distribution you ate canying out, as described by the above-information reseived frm the Springfield Police Department, has not been licensed or authorized by any law. Moreover, the sale of recreational marijuana shall not be permitted in any zoning district in the Cty of Springfield so long 2s Section 4.7.110 is in effect. In other circumstances, where a building, place or tenement is being used for the illegal keeping, sale or manufacture of conteolled substances, for example, intoxicating liquors, cours have found the existence of a common nuisance and may enjoin the person conducting or maintaining the same, and the owner, lessee or agent of the hnilding, from ctl of indirectly maintaining or permiting such nuisance, and, in some circumstances, ray order the effectual closing of such building, and the prohibition of its use for any ‘purpose for a period of not less than one month nor more than one year thereafter. ‘The Springfield Police Department has requested that the City of Springfield Law Department ise this noie of demand tht you Cease and Desist from selling marijuana at the establishment known as Mary Jane Make Your Heart Sing LLC iesied st 18650. Page Biv, Springfield MA 01119, unt you hold state Hisense granting you sats as & 3 | | lawful “marijuana retailer” or “marijuana cultivator”. Failure to comply with this letter may result in enforcement action by the City of Springfield. Very truly yours, wy. Alefia H. Days, 7 Dirkotor of Licensin ee: Office ofthe Springfield Police Commissioner Office of Attomey General Maura Healy Section 4.7.11. Interim Regulations for Recreational Marijuana 473M Purpose “This section is intended to provide restietions thet wil allow the City of Springfield ‘adequate time to consider new regulations to allow facilities associated with the recreational sale of marijuana, to the extent that such feiltes are allowed under state laws and regulations. Given tht law permitting the reeretional use of marijuana in the ‘Commonwealth of Massachusetts was approved by the voters on November 8, 2016, a restriction on the establishment of such facilites inthe City of Springfeld shall provide the opportunity o study their potential impacts on adjacent uses and on general public health, safety and wor, and to develop zoning andor other applicable regulations that appropriately address these considerations consistent with statewide regulations and permitting procedures, which are currently being developed. 47.112 Exclusion of Accessory Uses Inno case shall the acquisition, cultivation, possession, processing, transference sale, distribution, dispensing andlor administration of marijuana, products containing or

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