SPRINGFIELD - Two city councilors are calling for the immediate closure of a Page Boulevard store that is giving out "free" marijuana with a $20 cover charge during a state ban on retail pot sales.

Council President Orlando Ramos and Councilor Michael Fenton said the store, Mary Jane MakesYour Heart Sing, at 1865 Page Boulevard, is clearly trying to dodge the current retail ban by claiming there are no sales.

"This is clearly an illegal operation, and they must be shut down immediately," Ramos said.

"I want it shut down - now," Fenton said. "I have received complaints from constituents. The sale of recreational marijuana is currently prohibited under state law and subject to a moratorium that we passed here in Springfield."

Late Wednesday morning, Councilor Thomas Ashe, chairman of the Public Safety Committee, joined in criticizing the store operation. Ashe said his initial reaction was "shock," and he assumes that local law enforcement will take "immediate action to address this."

"Clearly, this company is skirting the intent of the law," Ashe said.

Voters last November legalized recreational marijuana in Massachusetts, but retail sales were placed on hold pending local and state regulations.

A sign on the store's door states: "Upon Entry Please Head to the Cashier to Pay the Cover Charge of $20 (non-refundable). Prior to Exiting You Will Receive Your Free Sample* or $20 towards Your Purchase."



Fenton said that state law (MGL c. 94G, Section 7(a)(4) states that an individual 21 years of age or older may give away or otherwise transfer certain amounts of marijuana, as long as the transfer is not advertised or promoted to the public.

"This company has a website and is promoting marijuana to the public," Fenton said. "They are plainly in violation of the law as they are selling marijuana for recreation. I expect the SPD (Springfield Police Department) to move swiftly with enforcement in shutting down this operation. This activity needs to be stopped before it expands."

Zoning issues and issue of state law are being broken within city limits, Fenton said. When the state has yet to act, the city is responsible for enforcement, he said.

Springfield Police Sgt. John Delaney said Tuesday that police are reviewing the situation of "possible illegal transactions taking place at Mary Jane's," and consulting with the District Attorney's office and city officials.

The store also sells vape equipment, glass pipes and apparel. It is located within a commercial plaza that also includes a pet fish store, and is within Ramos' council district, Ward 8.

Ramos said the city "is working hard to create a policy that will regulate the sale of recreational marijuana, as is the State Legislature; which is why there is currently a moratorium in place."

Visitors to the store also have a VIP option, for $50, that comes with three samples.

Visitors seen leaving the store on Tuesday had paper bags with pill bottles containing marijuana strains like Strawberry Haze and Pineapple Kush.