PALMER — The co-founder of a 2,800-square-foot cannabis retail establishment at 405 Shearer St. slated to be open this summer was arraigned on May 31, facing several charges, including drug trafficking.

Evans Klimavich, part-owner of Kali Cannabis, was charged with cocaine trafficking, marijuana trafficking, possession of a Class C substance to distribute and possession of a Class B substance, according to Scott Croteau, deputy communications director for the Office of Worcester County District Attorney Joseph D. Early Jr.

In a release by the Massachusetts State Police, Klimavich, 41, was found to be a co-conspirator to Stephen Marsden, 35, from Quincy, after Marsden was arrested upon the “interception of three kilograms of suspected cocaine mailed from Puerto Rico to a large-scale Massachusetts drug trafficking enterprise.”

The State Police reported that a “search of Klimavich’s Worcester residence yielded another kilogram of suspected cocaine, approximately 50 pounds of marijuana, hundreds of vape cartridges, a quantity of psilocybin mushrooms and approximately $52,000 in U.S. currency. Klimavich was not in the residence when the search warrant was served around 11:30 a.m., but arrived home in his car a short time later while investigators were present. He was placed under arrest and transported to the [State Police barracks in Holden] for booking pending bail.”

Croteau said a judge has ordered bail at $100,000, and the case has been continued until Aug. 23.

Suzanne Melanson, Klimavich’s business partner and co-owner of Kali Cannabis, could not be reached for comment as to whether this development would impact the business’s scheduled July grand opening.
At this time, Kali Cannabis has a provisional license from the Cannabis Control Commission, which is a step required by the commission in the process of obtaining a final license, according to CCC Press Secretary Tim Caputo.

Caputo said the commission is required to make a determination of suitability for licensure for each individual and entity listed on an application, which is based, in part, on the background checks. Background checks include but are not limited to state and national criminal and civil database records, as well provide a complete list of all legal history both criminal and civil, along with a required [Massachusetts Criminal Offender Record Information] check.

“Any question of suitability is flagged by commission staff and reviewed before a determination is made on their application,” Caputo said.

According to Caputo, “pursuant to commission regulations, specifically the various suitability tables under 935 CMR 500.801(3), certain types of felonies will disqualify a person from being either a licensee or registered agent of a marijuana establishment. The specific types of disqualifying felonies vary depending on license type and what role the proposed individual is to have at the establishment. That said, not every felony would disqualify an individual from licensure or agent registration on its face.”

However, Caputo said “the commission cannot comment on an individual applicant’s suitability for licensure.”

Caputo could not say if the legal issues facing Klimavich that developed after the initial CCC background checks and licensure procedures would affect the dispensary’s ability to do business in the state.

For Kali Cannabis to secure a final license, according to the CCC’s website, “A certification form will be sent to the host municipality to confirm your establishment is in compliance with local codes and ordinances. Once these steps have been completed, the commission may consider your application for a final license.”

A final inspection will be conducted prior to opening, and “upon review of the inspection report, the establishment will receive a notification that it is allowed to commence operations and start operating as a business,” the website states.

Town Manager Ryan McNutt said the town had no comment on how the charges against Klimavich could affect whether the dispensary is still deemed within compliance with the Host Community Agreement between the town and the establishment, or within any other rules and bounds of the town.