ATHOL – At its meeting on Tuesday, the Selectboard discussed the status of its Host Community Agreement with Elev8 Cannabis, which included the possibility of termination.

The license for the marijuana retailer was suspended by the state’s Cannabis Control Commission on March 25 in the wake of an investigation for a number of violations. This included a video posted to owner Seun Adedeji’s Instagram account on March 23, saying that the business was open and he was running it alone. In the video, Adedeji also threatened former employees and their families who cause problems for the business or walk onto the property without his permission. Both were determined to be a threat to the public health and safety.

“On March 23, we became aware of an incident at one of the retail shops downtown, and after I became aware of it – although I did contact the police department and the Cannabis Control Commission about it – our police department had already responded to deal with the immediate incident,” Town Manager Shaun Suhoski told the board at the April 4 meeting. “Thereafter, information was shared with the state licensing board. They’ve issued a summary suspension order, effective March 25, relative to Elev8 Cannabis.”

Adedeji was arrested by Athol Police on March 23 after failing to make a March 17 appearance in Orange District Court to answer to a variety of charges. At his March 24 arraignment, Adedeji was, at the request of his attorney, ordered to undergo an evaluation to determine if he is competent to stand trial. He is scheduled to return to court on April 14.

The suspension remains in effect and the business is closed, though the license has not been revoked. The licensee has 21 days from the date of that order to file an appeal. While Elev8’s license is granted under state authority, Suhoski pointed out that Athol is responsible for some local oversight.

“We started looking at the local Host Community Agreement regarding what teeth we may have – or not,” Suhoski continued. “It’s clear that the licensure is through the state. However, if the license is revoked or the business ceases its operations, then it would be a violation of the Host Community Agreement. We’re looking at other terms therein, too, with Town Counsel, but I don’t know if that (would require) executive session or not. I want to tread lightly.”

Under state law, marijuana establishments and medical marijuana treatment centers must execute Host Community Agreements with the municipalities in which they plan to operate. This identifies the responsibilities of the municipality and applicant or licensee.

Suhoski said the purpose of the discussion was to make the board and public aware that the situation is being taken seriously.

“It does portend litigation, extensive litigation,” said Town Counsel John Barrett. “I can speak to what the Host Community Agreement says, which is ‘if the company ceases to do business in town, or has its license revoked by the CCC…then the agreement will terminate.’ So, I think you have to read that in conjunction with the rest of the agreement, which says if you’re going to give any notices, you have to give the notices to the company and a copy to the attorney for the company.

“I guess my recommendation is, since he does have the right to appeal – it seems to me that the status of things is somewhat in limbo – that it would be prudent to wait the 21 days for the CCC, to see it there’s an appeal of their suspension and then for the board to take action. It may be a very simple process of sending notice, and if there is an appeal it may become a bit more complicated.”

It was decided that the issue will be included on the agenda for the board’s next meeting on April 18. After Tuesday’s meeting adjourned, Barrett was asked about the necessity of further discussions being done in executive session.

“Maybe not so much to discuss the Host Community Agreement, but to discuss litigation strategy, because of potential litigation,” he explained. “I can’t say for certain that it’s going to result in litigation, but if the town’s going to take some particular action which could possibly result in litigation, it would be my counsel to them to meet in executive session.”

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

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