Council approves medical marijuana ordinance
By Kathy McCarty
Staff Writer
PRESQUE ISLE — Councilors have approved a medical marijuana ordinance that sets a number of guidelines for the placement of a dispensary or related facility within the city, should anyone express interest in establishing one in the community.
Discussion began in May of 2010 when the City Council adopted a moratorium regarding the matter of medical marijuana dispensaries and associated matters. City officials have used the time since to research various land use regulation options and alternatives, in hopes of devising and recommending an acceptable regulatory procedure for the location and oversight to address public health and safety concerns. In May of last year the Maine Department of Health and Human Services issued some guidance regarding medical marijuana — information officials used to help make their decision.
Councilors sought a six-month extension of the moratorium last September, to give them more time to receive public input, and opportunity to amend multiple city codes and ordinances.
During the first of two public hearings, City Manager Jim Bennett presented Council members with data to help them in the decision process. He advised that while the city couldn’t block such a facility entirely, officials could make the process cumbersome, thus making the city less desirable for anyone looking to set up shop here.
“About a year ago the state approved medicinal use of medical marijuana. In your package are proposing rules recommended be put into use,” said Bennett, adding city officials “may never have to find out” how the rules would be put to use, since councilors could “design an ordinance that in order to meet (all the guidelines, the ordinance) makes it difficult to do so.”
“We can’t say we won’t allow them in the community; we have to allow. But we can regulate,” explained Bennett.
The ordinance includes many conditions that would need to be met, should an individual/entity desire to set up a facility locally. Included in the list: setback of at least 250 feet from schools, churches, playgrounds and libraries; distance of at least 200 feet from any residential zoning; and cannot be established if the premises concerned consists of residential apartments or units. Anyone establishing such a dispensary, under the ordinance, would be required to maintain employment records for all employees, with said records being reviewed by the Presque Isle Police Department to verify the age of the prospective employee — with employees required to be at least 18 years of age.
During the second public hearing held in March, councilors needed no discussion on the matter, voting unanimously to approve Chapter 59, Medical Marijuana Ordinance.