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City solicitor: court seeks pathway for Benevolent Botanicals to open; city to respond
Summary
City Solicitor Alicia McNeil told the council that a judge focused on Benevolent Botanicals in recent court proceedings, asked the company to propose a pathway to open by May 8 and directed the city to provide a response by May 20; the council discussed scheduling an executive session to review next steps.
City Solicitor Alicia McNeil updated the Malden City Council on open-court proceedings related to Driss et al. v. City of Malden and Benevolent Botanicals. McNeil said the judge's comments and the hearing's direction focused on Benevolent Botanicals and that the court ordered the applicant to submit a proposed pathway for opening by May 8.
"The court said that Benevolent will provide the court and the city their idea of how they should move forward... and they will provide that by May 8," McNeil said. The solicitor added that the court wants the city to review the applicant's proposal in executive session and then provide the court its viewpoint; that city response is due to the court by May 20.
McNeil said the court acknowledged the city had not been directed to invalidate any portion of the marijuana licensing regime but noted the judge was concerned about fair treatment of the applicant. The court also discussed mediation and the possibility of clarifying the earlier ruling.
Councilors discussed outreach and possible involvement of the building commissioner and the chair of the Cannabis Licensing and Inspection Committee (CLIC) before an executive session; Councilor Winslow offered to help lead outreach in the ward. The council did not act on licensing but authorized legal staff to prepare the response and to schedule an executive session as the court requested.
McNeil characterized the court as seeking clarification and a pathway, not immediately overturning city ordinances; the final clarification from the judge is pending after the city and plaintiff filings.
