Brookline Vote On Marijuana Business Not Valid: Town Attorney

BROOKLINE, MA — The future of a marijuana retail shop is in question after the town's legal department determined one "yes" vote and three abstentions do not a valid approval make.

Mission Inc, came before the Select Board Tuesday to get its final approval to open a marijuana retail shop on Comm Ave. After pushback from both select board members and residents, a single member of the five member public body voted in favor, but the other three present abstained from voting. Still, because there was a quorum, the "yes" vote gave the green light by default to the company — or so they thought.

After several people in the community raised questions about the validity of the vote to the town, the town's legal department took the day to research and came back with an answer Thursday morning.

"My answer is 'no'," Town Counsel Joslin Murphy said in a memo to Town Administrator Mel Kleckner.

"Because a quorum of the Select Board is three members, a majority of at least two affirmative votes was required to act on and approve the license," Murphy said in the memo, citing four court cases spanning 1920 to 2019.

The board is likely to discuss next steps at its next meeting May 11, Kleckner said in an email.

"At that time, Town staff will also report on initiatives and opportunities to diversify the cannabis industry in Brookline," he said.

The three select board members who abstained on the vote, expressed concern that Mission Inc, was owned by a cast of mostly white men. If approved it would be the third such cannabis retail shop in town. Although they acknowledged it was late in the process, Select Board members Heather Hamilton, John VanScoyoc and Raul Fernandez had suggested waiting to vote until the town could examine more ways to ensure diversity.

During the Tuesday meeting, the company's representative said that wouldn't be fair to them, as they've been going through the process faithfully for the past three years, and are paying rent at the Commonwealth Avenue space.

Previously: Marijuana Retailer Gets Approval To Open In Brookline, Barely?