BATH

In a 4-3 vote, the Bath City Council narrowly rejected a proposed moratorium on recreational marijuana establishments.

In November, Maine voters approved a referendum that legalizes the possession and use of marijuana for recreational purposes. It also allows for the creation of retail establishments to sell marijuana products and social clubs where patrons can use marijuana products.

Under last year’s state referendum, recreational marijuana would become legal to grow, use and possess in Maine on Jan. 30. However, the law gives the state Legislature nine months to create a regulatory structure for retail establishments. The law also gives municipalities the authority to regulate or outright ban such establishments. Many Maine municipalities have enacted moratoriums on these establishments until the state’s regulatory structure is law and the local land use codes are ready. The proposed moratorium in Bath would have prohibited any commercial marijuana establishment with the city of Bath for the next 180 days, with the option to extend it further indefinitely.

“If we have to extend it another 180 and another 180 — then we’ll do it. But if we vote for the moratorium now, I would consider that being proactive,” argued Councilor David Comeau.

According to city officials, the moratorium would have given the city time to adapt land use ordinances and regulate recreational marijuana establishments in the city. Since the actual rules for such establishments have yet to be written by the state Legislature, the city cannot fully prepare to regulate them yet. City Planner Andrew Deci will be keeping track of the state’s regulatory structure as it is written in order to best prepare Bath, said City Manager Bill Giroux.

“Regardless of moratorium, we’ve done quite a bit of research already,” said Deci. “I don’t think that we can move into the details of our exact regulation and ordinance requirements here in our community until the state gets going, but we can get the general principals of where we want this thing to go.”

While the council was divided on the necessity of the moratorium and what message it sent to the community, they ultimately rejected it. However, the council can reconsider and implement the moratorium at a later date.

“This does not mean that we can’t revisit this in another month — another two months. We’ve got time,” said Chairwoman Mari Eosco. “We can always come back and look at this again if that is what we choose to do.”

nstrout@timesrecord.com

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