GRAY — With its six-month moratorium on retail and medical marijuana uses in town in place, the Town Council has begun working on how to regulate them.

Both the state medical marijuana law and the state adult use marijuana law have been significantly altered within the past year, Alyssa Tibbetts, an attorney with Jensen Baird Gardner & Henry, told the council at its meeting Tuesday, Oct. 16. The adult use law, she said, was “repealed and replaced in its entirety” in May 2018, and two bills were passed in July 2018 regarding Maine’s medical marijuana law.

The recent changes, Community Development Director Doug Webster said, have given “increased home rule authority for municipalities in Maine” to make “policy decisions for the town.”

The council approved the moratorium Aug. 7 to give it time to make such policy decisions.

Tibbetts clarified Tuesday that there is a distinction between registered caregivers and caregivers that need not register. Registered caregivers must register with the state and assist their patients with medical use of marijuana. However, not all caregivers must be registered, Tibbetts said, if they “are growing for themselves or are growing for another member of their family within certain limitations.”

One issue that provoked discussion Tuesday night was the number of medical marijuana dispensaries that will be allowed in Gray. The town had previously allowed three, but the new statute cuts that number to one, according to Webster.

Councilor Jason Wilson supported having more than one. “I like a little bit of competition in town,” he said.

But Councilor Sharon Young said she wondered how many dispensaries “a community the size of Gray needs. What is the need, and can one dispensary fill that need?”

The councilors requested more dispensary data from Webster and seemed to settle on either one or two.

The council also debated in which zoning districts registered caregivers should be allowed. While they must be allowed in at least one district, municipalities can specify which districts those are, Webster said.

Councilor Dan Maguire said he was concerned that the council does not know where the dispensaries are located in town or how many there are, making it hard to come to a decision.

Webster said that under the new statute, the council could request that information.

Maguire also asked what would occur if a caregiver who is not registered decided to become registered in a district where the council had decided that use was not allowed.

Tibbetts explained that “the ability to regulate this use is limited to registered caregivers. There’s no authority for municipalities to regulate personal cultivation for personal adult use, and there’s no authority to regulate caregivers who are not required to register under the statute.”

Regarding Maguire’s hypothetical situation, she said, “If they’re in a zoning district where they’re cultivating or growing for personal use and then they decide they want to become a registered caregiver, and they live on a property in a zoning district that the town has decided does not allow that use, it would not be permitted in that zoning district.”

The council also discussed issues such as hours of operation, odor, security, fencing, traffic and parking, which might help address concerns that citizens have about registered caregivers being located in residential areas. 

The council voted unanimously to further discuss a variety of elements, such as requiring a license for medical marijuana establishments, capping the size of medical marijuana cultivation facilities and requiring that all aspects of a cultivation facility be conducted indoors, among others. 

Webster said the goal of Tuesday’s discussion was “to try to understand the policy direction in the council on all of these matters” so that he can present drafts of the regulations at a later date.

“The regulation of marijuana has been a moving target for the past couple years,” Webster said. But, according to Maguire, “We have to start somewhere, and it’s a work in progress, but it feels like that’s a good place to start the conversation.” 

Jane Vaughan can be reached at 780-9103 or at jvaughan@keepmecurrent.com. 

Gray Town Manager Deborah Cabana, left, Council Chairman Bruce Foshay and Council Vice Chairwoman Sandra Carder discuss marijuana policy considerations Oct. 16.

Gray Town Councilor Dan Maguire asks about regulating medical marijuana use in specific zoning districts.

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