The Board of Health on Monday addressed changes to the state law regarding cannabis delivery and how it could affect Hopkinton.

Chair Nasiba Mannan informed the board that she and health Director Shaun McAuliffe recently had received information from the town manager and the Cannabis Control Commission (CCC) that recent changes in state law would allow cannabis delivery across the commonwealth. As a result, the Board of Health was asked to give its recommendation to the Select Board on how to approach the law change.

Gov. Maura Healey signed new legislation into law on April 19 that restructures the CCC and “changes existing cannabis laws related to marijuana possession and the issuance of cannabis business licenses,” according to a press release. Cannabis deliveries now are allowed to any municipality, unless that municipality already prohibits cannabis businesses and decides to opt out of the program.

Hopkinton previously voted to ban marijuana sales in town. Member Mary Jo Ondrechen noted that cannabis research and analysis was exempted from the ban.

McAuliffe told the board that his department and Hopkinton Youth & Family Services intend to put together arguments against allowing delivery that “are going to be well-aligned, if not almost identical.” He clarified that he will ask the Select Board to request a two-year waiver to opt out of delivery.

Public health nurse Simone Carter voiced support for the waiver request, reviewing issues with possible increases in health risks associated with higher consumption rates. She also highlighted concerns with driving under the influence of marijuana and the lack of adequate enforcement measures in place.

Ondrechen raised a concern over banning delivery in regard to its impact on residents’ private decisions. “I am comfortable regulating commerce in town, but I’m not comfortable regulating what adults do [privately],” she said.

Housing complaint discussed

The board closed a hearing regarding a resident’s complaints about housing code violations, maintaining it had performed due diligence and the corrections were completed to the minimum housing code.

Vidhur Dhanda, a resident of the Woodview Way apartment complex in the Legacy Farms South neighborhood, sent a formal notice to the board requesting the hearing at the beginning of April. In his petition, he argued that the Health Department had not adequately inspected, cited or ordered correction of certain defects at the property where he lives.

Dhanda claimed these issues continue to expose him to “conditions involving moisture, air infiltration and mold” and have deprived him of protections under the state’s sanitary code.

“The defects with what the complaint was about have not been completely addressed or tested by the department,” he claimed during the meeting.

According to Board of Health documents, the dwelling was inspected by health services agent Thomas McGrail on Jan. 29. McGrail reported observing condensation between window panes in one of the unit’s rooms, cold air entering due to a draft at the corners and along the edge of the window, and mold accumulation along the window sash.

McGrail and McAuliffe on Feb. 6 submitted a Housing Order of Corrections to Halstead Hopkinton — the property management company for the unit — citing the window issues.

Dhanda noted in his remarks to the board that he had followed up about housing code infractions related to his patio door and claimed these were not addressed despite several written follow-up requests.

McAuliffe explained that the patio door, from his recollection, was not part of the original complaint that came in. He added that he had discussed the door with Halstead and that it planned to address both the window and the door after the order of corrections was issued.

“They have not provided me a list of when they went out and provided service,” he said.

McAuliffe added that, on following visits, he observed a foam sealant applied to the frame of the door. Furthermore, he said that the window and the door were “holding out” when he and McGrail did follow-up inspections once the corrections had been made.

“When inspection occurs and when it’s completed, it’s what the inspector views at that point in time,” Health Department administrator Nidia LaRoche told the board. She also said that inspectors do not “delve into what may happen in the future.”

Dhanda reiterated his position and asked that the matter not be closed until he had the opportunity to review the department’s file on his complaint. Despite his request, the board voted unanimously to close the hearing.

Mannan told Dhanda she was sorry for the issues Dhanda was dealing with but that the original complaint had been processed and addressed by both the Health Department and Halstead. LaRoche recommended he discuss the issue with the property managers again and try to reach a compromise.

New COVID-19 variant being monitored

McAuliffe assured the Board of Health that his department is working with state public health officials to monitor a new COVID-19 variant in the United States.

BA 3.2, nicknamed “cicada,” is a new coronavirus variant that first was detected in South Africa in late 2024. It has been detected in 25 U.S. states as of earlier this year, according to the Centers for Disease Control and Prevention. 

“It’s not necessarily more hazardous,” McAuliffe explained. “It’s just unique in that it can affect your vagal system.” He added that, in speaking with the state’s top epidemiologist, the variant has not yet become an issue in Massachusetts.

Ondrechen, a chemist who has worked on SARS-CoV-2, clarified that the issue with the new strain is that current vaccines are less effective against it due to a high number of mutations in its spike proteins.

“When [it] changes enough, existing antibodies struggle to recognize and block it,” Carter confirmed. She added that current immunity is expected to hold up, and the cicada variant has yet to trigger a surge. Carter stated people over 65 could benefit from a spring COVID-19 vaccination.