Athol Selectboard ends agreement with Elev8 Cannabis

Elev8 dispensary on Main Street in Athol.

Elev8 dispensary on Main Street in Athol. staff photo / Paul Franz

By GREG VINE

For the Athol Daily News

Published: 10-18-2023 5:00 PM

ATHOL – The Selectboard has voted to terminate the Host Community Agreement between Elev8 Cannabis and the town.

The vote was taken at the board’s meeting on Tuesday, Oct. 17, and followed months of discussion after the retailer’s license was suspended by the Cannabis Control Commission (CCC) in March. The decision to hold Tuesday’s hearing was made at a meeting in September, which Elev8 owner Seun Adedeji was present for. At that time, Adedeji told the board that it was his intention to re-open the Main Street business.

At Tuesday’s meeting, however, Adedeji was not in attendance.

Selectboard Chair Andy Sujdak appeared surprised when, in opening the hearing, he asked if anyone was present to represent Elev8. He asked Town Counsel John Barrett if Adedeji had been officially notified regarding the hearing.

“I sent a letter to him and I sent an email to Mr. Adedeji and his attorney, Paul Feldman,” Barrett responded. “According to the agreement, it required that notices be sent to them by email and by first class mail. So that was done. Certainly, Mr. Adedeji was aware that you had continued your hearing on this from the meeting on Sept. 5. I think it’s now up to the board to discuss this and make a decision.”

Town Manager Shaun Suhoski said he had gone so far as to knock on the doors of Elev8 Tuesday afternoon but received no response. Prior to the board’s vote, Barrett asked Suhoski if he had received any communication of any kind from Adedeji, to which Suhoski responded in the negative.

The board’s decision

Suhoski discussed a memorandum he had sent to board members, along with a copy of the Host Community Agreement (HCA), signed by Adedeji and town officials on Aug. 7, 2018.

“Just to cut right to it with respect to this particular prior licensee, the fact is, Section 2 of the Host Community Agreement reads, ‘This agreement shall expire if the company ceases to do business in the town,’” Suhoski began. “As the board knows, the Cannabis Control Commission issued a summary suspension order on March 24, 2023; it became effective at 12 a.m. on March 25, 2023. That order required the immediate suspension of Elev8’s license and the cessation of all licensed operations.”

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According to the CCC’s ruling, it was determined that continued operations at Elev8 presented an “immediate or serious threat to public health, safety, or welfare.” This also called for the suspension of Adedeji’s provisional licenses in Orange and Williamstown.

In its report, the commission identified 10 violations of regulations, including staff lacking required training. Adedeji dismissed those employees and promoted one of his staff members to serve as interim CEO. This person was terminated shortly thereafter and on March 25, Adedeji informed the commission’s enforcement staff that the Athol store was closed.

At around that same time, Adedeji was arrested by the Athol Police Department after failing to appear in court six days earlier to answer charges of wanton and lascivious conduct and indecent exposure. In May, he was sent to Bridgewater State Hospital after a doctor deemed him incompetent to stand trial.

The town manager added that while Adedeji had 21 days to appeal the suspension, none was filed. Therefore, he said, all available information indicated operations at Elev8 had ceased as of March 25.

“So we’ve tried to reach the owner so he could present any evidence to the contrary, but absent any evidence – and we have none tonight – I do recommend that the Board of Selectmen declare the Host Community Agreement to be terminated…due to the fact that Elev8 Cannabis has ceased doing business in the town,” Suhoski said.

Suhoski added that if the license gets rehabilitated or there’s a new application, the board can review this at a future date.

“But for all intents and purposes, there’s no business there and the Host Community Agreement should be terminated by its own language,” he said. “It’s as simple as that.”

Board member Rebecca Bialecki immediately moved that the board terminate the HCA with Elev8, a motion seconded by Stephen Raymond. The vote of the board to end the relationship between Elev8 and the Town of Athol was unanimous.

Greg Vine can be reached at gvineadn@gmail.com.