HULL BOARD OF SELECTMEN
RULES AND REGULATIONS FOR CONSIDERATION OF REQUESTS FOR
HOST COMMUNITY AGREEMENTS
1.00

Statement of Purpose and Scope of Authority

The Hull Board of Selectmen (“Board”) adopts the following rules and regulations to
establish a fair, thorough, and transparent process by which the Board will evaluate each request
to enter into a Host Community Agreement with the Town of Hull pursuant to M.G.L. c. 94G to
operate a Marijuana Establishment (ME) or Medical Marijuana Treatment Center (MTC).
The Board is authorized to oversee the “general direction and management of the
property and affairs of the town in all matters not otherwise provided for by law or by this code”
(Town of Hull Town Code/By-laws, Chapter 53 – 1 A), and by the Town of Hull Charter and the
Board’s general administrative and regulatory authority. Pursuant to M.G.L. c. 94G, Regulation
of the Use and Distribution of Marijuana Not Medically Prescribed, the Selectmen are
empowered to decide whether to enter into a Host Community Agreement with any “applicant”
who has “proposed locating a marijuana establishment or a medical marijuana treatment center”
in the Town of Hull. M.G.L. c. 94G, §§ 1, 3.
On February 12, 2018, during a Special Town Meeting, the Town voted to amend the
General By-laws, prohibiting all Marijuana Establishments other than those limited to the “sale,
distribution, manufacture or cultivation of marijuana for medical purposes if licensed in
accordance with applicable law,” and restricting the number of retail marijuana establishments to
two. The rules and regulations set forth here complement the votes of Town Meeting, the
General Bylaws and the Town’s Zoning By-Law, and are consistent with c. 94G, § 3 (“Local
Control”), which explicitly preserves local authority to establish “reasonable safeguards on the
operation of marijuana establishments [that are] not in conflict with this chapter or [CCC]
regulations” (c. 94G, § 3(a)); to “govern the time, place and manner of marijuana establishment
operations” (§ 3(a)(1)); and to “restrict the licensed cultivation, processing and manufacturing of
marijuana that is a public nuisance” (§ 3(a)(3)).
Implementing guidance issued by the Cannabis Control Commission also stresses the
independent authority of local officials: “the [CCC] encourages municipalities to carefully
consider the impact of the particular marijuana establishment proposed for a community, as well
as benefits it may bring in local revenue and employment, when negotiating [an HCA]” (CCC’s
“Municipal Guidance” document) and to identify conditions and stipulations of responsibility
between the municipality and the applicant (CCC’s “Guidance on Host Community Agreements”
document). CCC regulations reinforce local control: “[N]othing in 935 CMR 501.000 [CCC
regulations concerning Medical Use of Marijuana] shall be construed to prohibit lawful local
oversight and regulation, including fee requirements, that does not conflict or interfere with the
operation of 935 CMR 501.000.” “(1) Marijuana Establishments and Marijuana Establishment
Agents shall comply with all local rules, regulations, ordinances, and bylaws.” 935 CMR §
500.170. Any applicant for licensure of a Hull Site by the CCC must establish that it has
executed a host community agreement with the Town of Hull, that the Town has accepted the
Business’s plans to mitigate, noise, odor, and comply with local ordinances and bylaws, and that
the Business will comply with all local codes, ordinances and bylaws. (935 CMR § 500.101.)
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 The Board recognizes that any Business seeking to establish a Medical Marijuana
Treatment Center (the Hull bylaw refers to these facilities under the CCC’s prior designation,
“Registered Marijuana Dispensaries”) will, if a Host Community Agreement is reached, undergo
Special Permit and Site Plan review by the Hull Planning Board of the physical site, traffic
circulation and compliance with Hull votes of town meeting, general bylaws and zoning bylaws,
and review by the CCC of many aspects of the proposed operation. The Board must, however,
conduct its own review before entering into any Host Community Agreement, to ensure that any
proposed operation is appropriately located for the needs of the town and will have appropriate
staff, facilities, operational plans, business plans and sufficient funding to ensure that the
enterprise will be stable, lawful, technically competent and financially successful.
The Board of Selectmen will evaluate all requests to enter into Host Community
Agreements in a thorough, fair, and transparent manner, applying the requirements and standards
set out in the following rules and rules and regulations. To assist the Board in analyzing the
suitability of a Business that requests a Host Community Agreement, these rules and regulations
also authorize the Board, pursuant to M.G.L. ch. 44, § 53G and the Town’s general regulatory
authority, to require any Business seeking a Host Community Agreement to pay reasonable fees
for the employment of outside consultants to advise the Board on any issue relevant to the
Board’s review.
These Rules and Regulations are effective immediately upon adoption by the Board, and
shall apply to all requests for HCAs, whether submitted prior to adoption of these Rules and
Regulations or not.
2.00

Submission of HCA Requests to the Board

A Business requesting an HCA shall submit, completely and truthfully, the information
specified below, and any additional information the Town may request.
1) The name of the Business and documentation of its registration to do business in
Massachusetts.
2) Documentary proof of notice as specified below that the Business intends to request a
Host Community Agreement with the Town of Hull.
The notice shall state:
a. The name of the individuals and entities who intend to request the HCA;
b. The address of the site where the Business proposes to operate;
c. The type of Marijuana Establishment or Medical Marijuana Treatment Center
the Business proposes for the site.
Notice shall be provided as follows:
a. by publication in a newspaper of general circulation in Hull once in each of
two successive weeks, the first publication to be not less than fourteen days
before submission of the HCA request;
b. by prepaid mail to abutters, owners of land directly opposite on any public or
private street or way, and abutters to the abutters within three hundred feet of
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 the property line of the petitioner as they appear on the most recent applicable
tax list.
3) Resumes, including employment history, for every manager, director, member,
employee, executive and volunteer.
4) Identification of every Person, Entity or Close Associate with a 10% or greater equity
interest or voting interest, or the Right to control the Business. (See definitions in 935
CMR § 501.002.)
5) For Businesses that seek to function as Marijuana Treatment Centers (“MTCs”), proof of
current MTC agent registration cards issued by the CCC pursuant to 935 CMR § 501.030
for the individuals in ¶ 2.
6) Documentation specifying the site in Hull at which the Business seeks to operate,
including metes and bounds description of property and all buildings, accessory
buildings, storage containers and other structures or equipment to be used outside
buildings and accessory buildings at the site (the “Hull Site”).
7) Documentation fully detailing the Business’s ownership of, or the terms and duration of
any other legal right to use, the Hull Site.
8) The identity of all current employees of the Business who have experience in cannabis
product design, cannabis cultivation, cannabis processing, cannabis marketing, cannabis
distribution, cannabis sales and cannabis dispensing, and the specific experience of each
employee;
9) A statement of the planned scope of the Business’s operation at the Hull Site, including
the License Classes for which it will apply, the products it intends to produce, and the
cultivation tier the Business foresees at maximum production.
10) A statement of the projected revenues and expenses of the operation at the Hull Site,
including revenues and expenses expected for each type of product to be manufactured at
the site, revenues and expenses for each type of product to be purchased from other
producers, and revenues and expenses from each type of product to be sold to other
businesses.
11) A statement of all other locations at which the Business or its Affiliates plan to operate an
MTC or Marijuana Establishment.
12) A statement of the Business’s experience in the marijuana industry, including length and
scope of experience in the specific types of operation proposed for the Hull Site;
13) An analysis of the public need for an MTC at the Hull Site which takes into account the
demand for MTC services by medical marijuana patients in Hull and surrounding
communities, and the current and projected number of MTCs in Hull and surrounding
communities.
14) The Business’s Security plan, prepared by a qualified specialist acceptable to the Board,
including a description of proposed or current security measures;
15) The Business’s Traffic plan, prepared by a qualified specialist acceptable to the Board,
demonstrating anticipated traffic impacts and the feasibility of mitigation;
16) The Business’s plan for ensuring that no odors or noise associated with its operations will
be detectable outside the buildings on the Hull Site.
3.00

Board Evaluation of HCA Requests

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 The Board will notify the Business within a reasonable time after submission, but in any
event within 30 days, 1 whether its request for an HCA contains the information required by
Section 2.00, above. Once the Business’s submissions contain the information specified in
Section 2.00, the Board will proceed with evaluation of the request.
Evaluation Standards: The Board will determine whether, and on what terms, to enter
into a Host Community Agreement with the Business according to the following discretionary
criteria:
a. The demonstrated suitability and direct experience of the Business’s personnel in the
specific forms of cannabis cultivation, processing, marketing, sales and dispensing
planned for the Hull Site, as well as the personnel’s experience in the scope of
operations planned for the Hull site;
b. The depth of detail and the extent of evidentiary support in the business plan and the
Business’s demonstration of financial resources;
c. The proximity of the Hull Site to other similar facilities, the extent to which the
proposed operation at the Hull Site meets the needs of Hull and neighboring
communities for similar facilities, and the extent to which the location of the Hull
Site meets the geographic distribution needs of patients in Hull and neighboring
communities;
d. The impact of the Business’s operation on Hull infrastructure, facilities, services,
resources, neighborhoods and public areas;
e. The adequacy of the Business’s plans to prevent odors and noise;
f. The adequacy of the Business’s security plan and its ability to eliminate negative
impacts on neighborhood. In applying these standards, the Board will consider the
opinions of the chief of police and fire chief.
Expert Consultants: The Board’s evaluation may require retention of one or more
consultants to advise the Board at the Business’s expense, as authorized by M.G.L. ch. 44, § 53G
and the general regulatory authority of the town. The Board will notify the Business within a
reasonable time after the information required by Section 2.00 has been submitted, but within 30
days in any event, 2 of the identity of any consultants it has chosen, the issues on which it will
seek the consultant’s opinions, and the consultant’s fees. The Board reserves the right to retain
additional consultants as the evaluation process proceeds. All consultants will be asked to
provide their opinions expeditiously in written reports, which will be shared with the Business.
Discretionary Meeting or Meetings With Business During Board Evaluation: Within
45 days after receiving all consultants’ reports, 3 the Board may, at its discretion, conduct a
meeting or meetings with representatives of the Business and the public to discuss whether the
Board will enter into an HCA and, if so, the terms of an HCA. The Board will provide members
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This deadline and all others stated in these Rules and Regulations may be extended by agreement between the
Selectmen and the Business or, with advance notice of seven (7) days, by the Selectmen. Failure to meet any
deadline in these rules and regulations shall in no event constitute constructive agreement to a Host Community
Agreement.
2
See Footnote 1.
3
See Footnote 1.

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 of the public the opportunity to express their views at one or more of any such meetings the
Board chooses, in its discretion, to convene.
Board Conclusions Concerning HCA: No later than 45 days 4 after the last of any
discretionary meetings with the Business and the public to assist the Board’s evaluation, or, if no
discretionary meetings are held, within 45 days of receipt of the final consultant report, 5 the
Board will notify the Business whether the Town of Hull will enter into an HCA with the
Business. The Board’s notification may include the terms of an HCA acceptable to the
Selectmen.
Final Drafting and Execution of HCA If the Board notifies the Business that the Board
is willing to enter into an HCA, the Business shall, within 15 days of this notification, 6 inform
the Board of any terms it wishes to include in an HCA. The Board may, at its discretion, consider
the HCA terms proposed by the Business, and shall notify the Business within 15 days 7 of any
such proposal whether the Board agrees to the proposed terms.

4

See Footnote 1.
See Footnote 1.
6
See Footnote 1.
7
See Footnote 1.
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