NEW SHARON – Approximately 30 residents overwhelmingly approved a six-month moratorium on retail marijuana establishments at a special town meeting Wednesday evening. That would give the town until early May to develop local ordinances regulating the creation of such establishments, although the moratorium could be extended if necessary.
Practically speaking, town officials noted that the uncertainty surrounding recreational marijuana at the state level would likely be the most significant impediment to the creation of any of the businesses outlined in Question 1’s proposed Marijuana Legalization Act. The referendum question passed on Nov. 8 by approximately 4,000 votes statewide; a recount is planned sometime in the next month and a half. Governor Paul LePage, who opposed the question’s passage, has indicated in interviews that he doesn’t believe that the Department of Agriculture has the ability to oversee the licensing and policing of retail marijuana stores as outlined in the act. Sen. Tom Saviello (R – Wilton), who served as the meeting’s moderator, said that it was possible that a committee of legislators would be asked to look at the law.
In any case, Code Enforcement Officer Jim Fleming said, it would be some time before any state agency would be licensing a retail establishment anywhere, including New Sharon.
“The fact is that the state hasn’t figured this out either,” Fleming said. Attending an Androscoggin Valley Council of Governments event dedicated to the issue, Fleming heard that 24 towns were already enacting or considering moratoriums.
One of those towns would presumably be Farmington, which will vote on a similar moratorium at a special town meeting on Nov. 22.
New Sharon’s moratorium impacts marijuana establishments as outlined in the Marijuana Legalization Act, temporarily banning retail stores, social clubs allowing on-site consumption, as well as testing, cultivation and manufacturing facilities. It does not address personal use of marijuana as outlined by the act. As currently worded, the act allows Mainers to possess 2.5 ounces of marijuana or a limited number of flowering plants, immature plants and seedlings. The moratorium doesn’t impact those growing medical marijuana for personal use or as a caregiver in accordance with preexisting law.
Planning Board Chair Jim Mann said that any ordinances would likely need to wait for at least some guidance from the state, as limits in the state laws governing retail recreational marijuana establishments would impact the town’s local requirements. The board is also short two members, Selectman Travis Pond noted, with a couple of residents immediately volunteering from the floor.
Organizations such as AVCOG or the Maine Municipal Association will likely also be creating template ordinances that could assist New Sharon in the creation of its own regulations.
Residents were overwhelmingly in favor of enacting the moratorium, with a single vote logged in opposition. The 180-day period, which was retroactive to Nov. 7, would take the town to early May.
“The moratorium doesn’t impact those growing medical marijuana for personal use or as a caregiver in accordance with preexisting law.”
Then why does the document say, specifically, this…
“This Ordinance does not impose a moratorium on the cultivation and provision of Medical Marijuana by licensed Caregivers WHO HAVE BEEN DOING SO ON OR BEFORE Nov 8th, 2016”?????
There is a direct, and legal, conflict in that. The town is overstepping their boundaries. Though this was, afterall, 30 residents “overwhelmingly” impeding a decision that was already voted for, in favor, by a real representation of the entire town.
I ask that this comment be allowed here. Thank you.
Wow. All two of the stores in New Sharon won’t be selling the stuff.
I could be wrong, “RE:”, but I have read what you wrote a handful of times and these appear to say the same thing, so how is there a conflict?
“The moratorium doesn’t impact those growing medical marijuana for personal use or as a caregiver in accordance with preexisting law.”
“This Ordinance does not impose a moratorium on the cultivation and provision of Medical Marijuana by licensed Caregivers WHO HAVE BEEN DOING SO ON OR BEFORE Nov 8th, 2016”
I read those as the SAME thing, albeit worded differently. Help me out.
I agree with Uhhhh…what exactly were you saying RE: ?? The moratorium as I understand it will prevent “new business” from existing until May 2018. Any new business takes time to grow. Just sayin’ =)
Q1 prohibits the selling of marijuana in the same establishments that sell tobacco or alcohol. It’s a federal thing.
None of these moratoriums restrict the personal growing or consumption of marijuana, they only buy time for the state and towns to get their ducks in a row to best figure out the establishment of retail cultivation and sales. So relax, when and if Q1 passes people will still be able to grow it and smoke it.
No worries brah, it’s all good.
The Citizens initiative is seperate from the ‘preexisting’ Medical Program. Meaning, they run concurrently. The town has no authority over those with interest in becoming new caregivers under the MMMP. That is the difference, thank you.
will medical marijuana caregivers sell to the recreational market?
Medical Caregivers can choose to seek licensure to operate in the recreational market, upon the bill passing into law, but other than that those markets are seperate as well.