Cannabis Delivery Opt-Out Decision
The town must decide whether to request a one-year waiver prohibiting recreational cannabis deliveries in a community that already bans retail sales.
Following a April 2026 state rule allowing towns with retail bans to waive recreational cannabis delivery, Lexington's Select Board discussed on May 22 whether to file for the waiver and deferred action pending public and advisory input.
A new state ruling effective April 19, 2026, established a default permitting process for recreational cannabis delivery in all communities while allowing those that ban retail sales to opt out through a written waiver.
Lexington already maintains a retail ban and therefore faced the choice of whether to preserve that policy by seeking the waiver or to allow delivery operations.
At its May 22, 2026 meeting the Select Board first discussed the option, noting the tension between upholding the prior ban and the distinct nature of delivery versus retail sales.
Board members identified potential public-health and law-enforcement effects of delivery as reasons to consider opting out.
A resident at the same meeting urged immediate filing for the two-year waiver, citing marijuana's effects and the absence of recent public engagement on the topic.
Another resident raised concern that delivery would create a loophole around the existing retail prohibition.
The board made no decision and instead scheduled further consideration for June 15, 2026 after soliciting input from the Board of Health, Council on Aging, Council on Disabilities, Human Services, and the public.
At its June 15, 2026 meeting the Select Board revisited the cannabis-delivery opt-out question. After discussing the length of any waiver and the need for additional community input before a permanent decision, the board voted to request a one-year temporary waiver from the Cannabis Control Commission.
Staff to develop community survey/input plan with Public Information Officer; decision to be made by end of waiver period.
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