2018.08.27 Council Agenda Item 08
Summary
Introduction of an ordinance to establish a moratorium on medical marijuana caregiver retail stores.
A public comment period will not be included with this item.
ACTION: Schedule public hearing.
Description
In May 2018, the Council extended a moratorium prohibiting adult use (previously referred to as “recreational”) retail marijuana establishments. The purpose of the moratorium is to allow the Town’s Ad-hoc Retail Marijuana Committee time to study, review, and make land use and licensing recommendations to the Council for these types of facilities.
Since that time, staff have become aware of ambiguities in state law related to the ability of registered caregivers to open and operate medical marijuana retail stores. A medical marijuana caregiver retail store would not be covered by the Town’s existing adult use marijuana moratorium. This proposed medical marijuana caregiver moratorium would eliminate the possibility of a medical caregiver retail store opening in town for the duration of the moratorium and would allow the Town, and the Ad-hoc Committee, the time to evaluate all marijuana retail stores in a comprehensive manner.
By way of background, on July 9, 2018, the Legislature enacted two amendments (LD 238 and LD 1539) to the Maine Medical Use of Marijuana Act that serve to clarify the aforementioned ambiguities in the law. Among other things, these amendments recognize the ability of municipalities to regulate medical marijuana caregivers, clarify that caregivers are allowed to operate medical marijuana retail stores, grandfather caregiver retail stores operating on the effective date of the law, and apply a municipal opt-in requirement to caregiver retail stores similar to the existing opt-in requirement for adult use retail stores.
Since LD 1539, which contains the provision of the new law requiring the municipal opt-in requirement, was not adopted as emergency legislation it will not become effective until 90 days after adjournment of the Legislature. This means that medical marijuana caregiver retail stores will have several weeks to attempt to become established and grandfathered before they are prohibited from operating without a municipal vote to opt-in.
Attachments:
- Introduction letter
- Proposed ordinance
