Gardiner officials are scheduled to consider on Wednesday whether to enact a temporary ban on allowing additional medical marijuana caregiver shops in the city.
“These places are springing up, and we’re trying to get a handle on the best way to regulate them,” Gardiner Mayor Thom Harnett said Monday. “This is an emergency proposal that’s retroactive to July 9. Anything not in the pipeline by then would be subject to the moratorium.”
While many cities and towns in Maine are waiting for state rules to be established that govern retail sales of recreational pot, they are now considering imposing limits on the number of medical marijuana retail shops.
Gardiner is already home to two medical marijuana caregiver shops, which would be unaffected by the temporary ban.
Across the region, the number of caregiver shops opening has been on the rise, including new shops in Hallowell, Manchester and Gardiner. In many locations, the owners cycle medical marijuana patients.
The state’s original medical marijuana law allowed caregivers to grow pot to supply up to five medical marijuana patients at one time. That practice has evolved so that now, some caregivers cycle patients, serving five, then discharging one or more of them and taking on a like number of new patients. That expands the potential pool of patients that each caregiver can serve.
Last month, lawmakers passed L.D. 1539, An Act to Amend Maine’s Medical Marijuana Law. Among the changes is a provision that authorizes registered caregivers to operate retail shops to sell to qualifying patients and recognizes the ability of cities and towns to regulate those shops.
This year, Augusta city officials put a temporary ban in place on medical marijuana shops.
Matt Nazar, Augusta’s development director, said the city placed a moratorium in May so there wouldn’t be a concern about medical marijuana storefronts before state rules are in place.
“(The moratorium) was based on the existing police power in anticipation of what the Legislature was going to be doing, and we expected they would adopt regulations,” Nazar said.
Gardiner’s proposed ban says “the unregulated location and operation of medical marijuana retail stores within the city raises legitimate and substantial questions about the impact of such an activity.” Those questions include whether the shops are compatible with existing land uses and development in the city; whether the city’s infrastructure can accommodate those shops; and what happens in the event of unlawful sales.
“This is a measure to say, ‘Stop, hold on and see,'” Harnett said.
Five of the Gardiners eight councilors must vote for the 180-day ban for it to take effect, the mayor said.
Jessica Lowell can be contacted at 621-5632 or at:
jlowell@centralmaine.com
Twitter: @JLowellKJ
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