Biddeford approves medical marijuana dispensary moratorium

By Gillian Graham

Staff Writer

 

The Biddeford City Council last week approved a moratorium on medical marijuana dispensaries while state officials continue to develop statutory changes to a law passed last year.

The council voted unanimously March 16 to institute a six-month moratorium on dispensaries within the city. Biddeford joins other communities across the state that have created dispensary moratoriums, including South Portland.

Maine voters approved the Maine Medical Marijuana Act on Nov. 3. The Health and Human Services Committee last week agreed on a plan to allow eight dispensaries in public health zones across the state. Patients and caregivers would have to register with the department and obtain a state-issued identity card to legally purchase marijuana.

The full Legislature is expected to take up the bill to amend the new law as early as this week.

City Manager John Bubier said the state continues to develop guidelines for dispensaries, including potential locations and how medical marijuana will be distributed. The moratorium is needed while city officials wait to see how state statutes change as the Legislature considers the amendment, he said.

City Planner Greg Tansley in a memo to councilors said it is likely the statute will change and rules in Biddeford will be need to be developed once the statute is finalized. He said city officials need time to answer questions about the impact of dispensaries on existing residential, industrial and commercial zoning districts.

“In my opinion, with the statute under review and likely to change, and the rules not yet developed, it is virtually impossible to determine what, if any, local regulations are needed to protect the public’s health, safety and welfare,” he said.

Tansley asked the council to pass the moratorium as an “emergency” amendment to make the ordinance effective immediately. City Attorney Keith Jacques said adopting the measure as an emergency allows the city to avoid a 30-day waiting period for the order to become effective.

Councilor Pat Boston said she was glad the council had an opportunity to consider the moratorium. A six-month extension can be implemented at the end of the moratorium if state guidelines are still unclear or more time is needed to develop local rules, she said.

Councilor George “Pete” Lamontagne said he supported the moratorium and the medical marijuana law.

“Marijuana, the weed with roots in hell. I don’t think so,” he said. “If I had my way, I’d take all the alcohol off the shelves and replace it with marijuana.”

Mayor Joanne Twomey said she was serving in the Legislature when discussions of medical marijuana began several years ago. Though opposed to drug use, she said she offered her husband marijuana when he was dying of cancer.

“He didn’t weigh 62 pounds and I was forced to say the word. When you have a husband at home who is dying of cancer, who can’t stand the sheet on him because he weighs 62 pounds, you will try anything to get him to eat,” she said. “Believe me, I felt like a criminal.”

Twomey said she would prefer to see dispensaries in medical zones.

 

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.

 

 

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