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In addition to creating the new beer and wine license for food stores, the Cumberland Farms ballot question would lift the cap on the number of licenses an operator could hold. If the question survives a legal challenge from the Mass. Package Stores Association, wins at the ballot, and food stores ultimately gain approval for new beer and wine licenses, many communities could end up with more marijuana stores.

The minimum number is set at “20 percent of the number of licenses issued within the city or town for the retail sale of alcoholic beverages not to be drunk on the premises,” rounded up to the nearest whole number. For a community with 18 liquor licenses, that would mean four marijuana stores must be allowed.

How ballot question could end up adding more pot licenses

The new liquor licenses being pushed by Cumberland Farms would allow the chain, subject to local municipal approval, to sell beer and wine at 199 of its 206 convenience stores throughout the state that currently lack a beer and wine retail license. Because those licenses are governed by the same law (M.G.L. c.138 Section 15) that is used to calculate the minimum number of marijuana retail outlets, the Cumberland Farms proposed ballot question could increase minimum marijuana store counts in many communities.

Framingham is in the process of granting local approval to six marijuana retailers. Framingham also happens to host one Cumberland Farms store. If the Cumberland Farms store is eventually allowed a beer and wine retail license, Framingham will have 31 carry-out licenses and will increase its minimum marijuana retail store count from six to seven.

Under the existing cannabis law, communities must allow a minimum number of marijuana retail stores. Communities can only ban marijuana stores through a municipal election.