HOULTON, Maine — Town councilors on Dec. 26 voted to establish a moratorium on medical marijuana retail stores, dispensaries, and testing and manufacturing facilities.
Members of the local planning board asked councilors to consider the moratorium as a result of the state Legislature’s enactment of amendments to Maine’s Medical Marijuana Law this past summer. Among other things, the law, LD 1539, removes the cap on how much cannabis can be sold in medical marijuana dispensaries and allows registered marijuana caregivers to open up storefronts to serve their patients who are in the medical marijuana program.
The law also specifically gives municipalities the right to regulate such marijuana facilities, but the town’s existing ordinances do not provide an adequate mechanism to regulate and control the location and operation of them.
Residents of Houlton already voted in November 2017 to prohibit the sale and growth of recreational marijuana in town. But that vote does not affect medical marijuana growers or dispensaries.
Town Attorney Dan Nelson said earlier in December that the planning board has decided it needs a certain amount of time to determine the implications of medical marijuana establishments in the community, including their location and operation. That is why board members asked the council for the 180 day moratorium.
As defined in the moratorium, a registered caregiver retail store is a “facility or location in which a registered medical marijuana caregiver sells harvested marijuana” to qualifying patients through a storefront. A medical marijuana testing facility is a public or private lab that analyzes contaminants in and the potency and cannabinoid profile of samples. A manufacturing facility is a facility or person who works to produce or prepare the marijuana, marijuana concentrate or marijuana product for medical use.
During the period of the moratorium, town officials also will work on developing appropriate land use regulations.
Several residents expressed support for the moratorium during Wednesday’s meeting but asked questions about who would be drafting the regulations.
Eileen McLaughlin of Houlton said she believes there should be a moratorium and she pushed for the most qualified individuals to research and write the new ordinances.
“I’ve said this in the past, there has been a failure of the regulations,” she said. “There is no way to regulate things like marijuana dosing, who is selling. It has not been left to competent people who have backgrounds or education in pharmacy. I would like to know, is there a committee coming up with the regulations? Are these people competent? Have they worked as pharmacists?”
Councilors did not address all of her questions, but Marty McKenna, a member of the planning board, told her that no committee would be drafting the regulations. She said that the planning board wanted a moratorium for many reasons, including the ones that McLaughlin mentioned.
Councilor Sue Tortello, who also is a member of the planning board, reiterated what the town attorney outlined and said that with the state amending its laws, it raised concerns for the board “as far as public safety, effects on neighborhoods, security, and odors, and we just want to make sure we are doing this in a logical, fair way for everyone.”
She said that the planning board is in new territory and needs “adequate time to get up to speed with what our options are.”
Council Chair Jane Torres addressed McLaughlin before the end of public comment on the issue.
“I just want to assure you that the planning board is very competent, and you should have no worries about their ability to make this decision,” said Torres. “We have faith in them to do what is right.”
Councilor Bill McCluskey, who operates a medical marijuana grow operation in Houlton, abstained from the vote.
