Great Barrington — After an hour-long executive session, the Selectboard approved a settlement between the town and marijuana dispensary D2N2 LLC (also known as Calyx) regarding a lawsuit concerning their Host Community Agreement (HCA).
In March 2024, Theory Wellness, Community Growth Partners, and Highminded LLC (also known as Farnsworth) jointly filed a lawsuit in Middlesex Superior Court against the town regarding their HCAs.
Before the lawsuit was filed, in February 2024, Theory Wellness and Rebelle Dispensary threatened to sue the town for $5 million over what they called, through a joint statement, “illegal impact fees which we have been forced to pay over the years despite the Town of Great Barrington repeatedly acknowledging in writing that our businesses caused no negative impacts.”
After the three companies filed their lawsuit, in March 2024, D2N2 LLC filed a separate lawsuit in Berkshire Superior Court alleging that, through its HCA with Great Barrington, the company paid more than $392,000 in impact fees since 2020 but did not receive any proof of the town’s costs related to any negative impacts.
The lawsuits all continued through the court system until, in August 2025, the Selectboard approved a settlement with Theory Wellness, Rebelle Dispensary owners, and Community Growth Partners.
As per the settlement, Theory Wellness received $4.16 million, Community Growth Partners received $360,000, and Highminded received $189,000.
The lawsuit filed by D2N2 remained outstanding until, after a one-hour executive session on January 26, the Selectboard unanimously approved a settlement. “The settlement is on the same basis that was used for litigation with Theory Wellness, Rebelle, and the Farnsworth establishments,” Selectboard Chair Steve Bannon said during the meeting. “It is important to the board that the town treats each establishment on the same terms as with the prior settlement.”
Bannon said that the town has agreed to return a portion of the Community Impact Fees made by D2N2: $315,338 out of the $392,742 the company paid to the town between April 2021 and June 2023.
“As with those other establishments, the law still provides for Host Community Agreements between individual communities and marijuana businesses operating in those communities,” Bannon said. “Community Impact Fees may still be assessed, but the process will now involve an annual computation and accounting of particular municipal costs that might arise as a result of the operation of the individual business.”
Bannon added that the settlement would not affect the collection or receipt of cannabis excise taxes. Those taxes go into the town’s general fund each year and are subject to appropriation by Town Meeting.
The Berkshire Edge contacted Calyx CEO Donna Norman for comment but has not received a response by press time.
