BRUNSWICK

On Thursday, the Health and Human Services Committee scrambled to approve a bill blocking medical marijuana grow sites within 500 feet of schools.

The bill, sponsored by state Rep. Seth Berry, D-Bowdoinham, was brought in response to a situation in Richmond, where the planning board was unable to deny a permit allowing medicinal marijuana to be grown in a building adjacent to Richmond Middle and High School.

According to testimony given by Richmond Code Enforcement Officer James Valley, the door of the RBMC building is just 230 feet from the door of the school, and the access road to the school passes directly by the part of the building where the marijuana plants will be kept.

“The residents, police, teachers, parents and municipal leaders of Richmond are very concerned about this,” said Berry. “They are also extremely distressed that under state law, they have zero ability to prohibit multiple caregivers next to a school.”

Granted to Jay Davis who has another marijuana growing facility in the town, the permit would allow seven medical marijuana caregivers to grow plants in the RBMC building, which is also the home of Shucks Maine Lobster. With each caregiver able to have five patients, and each patient allowed up to six plants, the seven independent caregivers at the facility could grow as many as 210 mature plants, along with a significant number of seedlings.

The permit allowing the caregivers to use the facility was granted on April 25, and construction is already underway preparing half of the facility for its new purpose, said Valley. The grow site will use carbon filters to reduce or prevent odor issues. At the April planning board meeting, Davis stated that 30-40 people could eventually be employed there.

Berry’s bill would give municipalities the authority to prohibit medical marijuana caregivers in the 500 feet radius of a school.

“This bill would simply allow for local control of caregivers near schools, paralleling state law for dispensaries,” said Berry in testimony. “If we fail to act immediately, Richmond will be unable to restrict the location of these businesses. Their ability to act depends on our acting now.”

There was some confusion from the committee as to the emergency nature of the bill — whether it was intended to allow the town to reverse the permit decision or allow towns to prevent similar sites near schools in the future.

Ultimately, the committee approved the bill with a few amendments. All medical marijuana grow sites within 500 feet of a school that received proper permitting before the law takes effect will be grandfathered in — though expansions will be subject to municipal regulations.

Because there was limited testimony for the bill due to its emergency status, it is set to sunset in July of next year. This allows the legislators more time to gather feedback, and possibly hold a better attended public hearing next session.

The committee approved the amended bill unanimously, and it will now go to the full Legislature for consideration.

nstrout@timesrecord.com

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