Richmond and Topsham want to make rules for medical marijuana stores crystal clear before they’re allowed in town.

Richmond is considering what Topsham has already done — enacting a moratorium on such establishments — until recently passed state legislation goes into effect.

State legislators approved giving towns the ability to “opt in” when it comes to allowed medical marijuana retails stores, much like the law for recreational marijuana. But, because it won’t go into effect for 90 days until after the current legislative session ends, it creates a potential gray area that could see businesses attempting to set up shop before the rules go into effect. That would allow them to operate without the regulations applying to them.

To head that off at the pass, Richmond selectmen this week began the process of putting a six-month moratorium in place for medical marijuana retail stores.

“No one can really predict the future of these things,” said Code Enforcement Officer James Valley. “I work in a department where I have to look for potential problems in the future.”

One of the concerns with Richmond officials is location. Valley expects to have a similar plan in place as Richmond had for recreational sales.

“I know we weren’t really against keeping that in commercial industrial zone,” he said. “But, do people want to be walking around town and you have an ice cream shop next to a medical marijuana store?”

Another concern in Richmond is the proximity of medical marijuana facilities to schools. A proposal in Richmond prompted emergency state legislation when the town’s planning board was unable to deny an application for such a business within 300 feet of Richmond Middle/High School. The law allowed towns to restrict the facilities within 500 feet of a school.

This time, Valley says the state has been more clear.

“I think this will go similar to when we voted on recreational marijuana,” said Valley. “One of our concerns was how close they could be to schools and the state has said at least 1,000 feet.”

Topsham already has a moratorium in place — in June it was extended for six more months — and it has created a medical marijuana advisory group to help develop its ordinance. The group is made up of caregivers, a representative from the town’s current store High Brow, a health professional, and town planners.

Topsham selectmen hosted a workshop Thursday to discuss its options, and most members of the advisory group were in attendance. At the meeting, town officials discussed putting a question on the November ballot asking voters whether they think the town should “opt in,” instead of calling a Town Meeting.

“An option would be a question in November on the ballot, you’re not just talking to 80 residents,” said Topsham Town Manager Rich Roedner. “That might be the best way to gauge public sentiment.”

In Richmond, Valley expects selectmen to consider a moratorium at their Aug. 13 meeting, with a Town Meeting on the delay potentially coming in late September.

chris@timesrecord.com

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