In a unanimous decision, the Scarborough Town Council gave initial approval to repeal the existing ordinance establishing a moratorium on adult use marijuana cultivation facilities in the Pine Point Industrial Overlay District that the Town Council approved on Aug. 16, and enact a new ordinance establishing a moratorium on adult use cannabis cultivation facilities and medical cannabis cultivation facilities that would apply townwide through June 30.

The town has so far enacted four moratoriums pertaining to the cannabis industry, Liam Gallagher, Scarborough assistant town manager/human resources director, said. The primary goal of the moratoriums is to mitigate issues surrounding odor complaints, he said. Despite prior changes to the ordinance, complaints persist and have expanded to other parts of the town.

“Five months in with the ordinance change, what I can say is complaints have not gone away,” Gallagher said. “I think the suggestion now would be that the enforcement provision is perhaps too rigorous or complicated and is worthy of reconsideration by the council.”

Councilor Jean-Marie Caterina, ordinance committee chair which recommendation the repeal and replacement of the ordinance, said, “Please know, I’m as tired as you are of every time I go over to Pond View Drive or drive down Pleasant Hill Road. Lately it’s been really bad. It’s not just Pine Point. Please rest assured that we are going to continue to work on this.”

Councilor Jon Anderson said he didn’t know if the odor issue will ever be solved, “I think marijuana and odor go hand in hand, as much as the technology will evolve to make it better, I think it will always be there.”

“I hope by the time this next moratorium is up, we’re not putting another moratorium in,” he said. “That we have some conclusive decision as a body. I will say my perspective for the ordinance committee to consider is, I’m fine with making all marijuana uses in the Pine Point overlay as non-conforming uses. And I’m fine going down the amortization path if it takes five years. It is unfortunate that it takes time but in my mind nine years is better than having it there for 60 years.”

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Councilor Vice Chair April Sither said, “I’m ok that this is going to be a long process of phasing this out in certain places in town and I think the ordinance committee is committed to having those conversations. We need to look each other in the eye and say the mitigation is not working.”

Members of the public raised their concerns.

“I think it’s sad what is happening,” Richard Hayes said about marijuana issues in the Pine Point area. “They are issuing too many licenses. I don’t think Scarborough should be the center of marijuana growth.”

There are 16 licenses for cultivation and manufacturing operations, Gallager said.

“That’s a lot. I’m really concerned,” Nina McKee said. “Can you say no? Good heavens we don’t need all this marijuana in our community. Just say no. That’s a lot of licenses.”

Councilor Chair Nick McGee proposed sending out a questionnaire to gather councilors’ opinions on various options. “There are options,” he said. “I want a solution. The community wants a solution.”

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