Gallagher

The Town Council approved additional changes to the cannabis licensing ordinance in July, its second successive year making amendments.

The ordinance changes seek to address ongoing concerns from residential abutters that multiple cannabis facilities were not complying with the odor containment requirements. The revisions incorporated a more streamlined enforcement process, expanded the enforcement authority and will require all property owners leasing space to cannabis establishments to seek a separate business registration.

The Town Council was not fully satisfied with only changes to the licensing ordinance, and is additionally considering changes to the zoning ordinance. They will consider incorporating a 1,000-foot buffer from residential properties, applicable to all new, or the expansion of existing, cannabis cultivation facilities.

Odor issues have proven to be a challenging nuisance to solve – present one moment and gone with the ocean breeze the next. The extended effort for ordinance changes was not only representative of the challenge, but a testament to the Town Council’s interest in seeking a solution satisfactory to both residents and business owners alike. While many policymakers may have either marginalized the experience of the relative few, or moved to definitively restrict an industry susceptible to periodic nuisance, the Town Council worked continuously over the last 18 months with all parties to find a path forward many are left feeling optimistic about. The ordinance changes and the zoning changes contemplated will allow action to be taken with noncompliant businesses, but otherwise preserve the cannabis industry as it stands now and make meaningful reforms in the future to protect residential property owners.

It is also important to acknowledge the efforts of the parties, seemingly on competing sides of the issue, over the last 18 months. Through their patience and willingness to engage in a constructive dialogue, the residential abutters played an admirable role informing the council of their experience and seeking to understand the challenges cannabis businesses faced. Through their willingness to monitor, investigate and make further investments in their odor mitigation efforts, above and beyond the requirements of the ordinance, the cannabis business owners tirelessly sought to be the good neighbors they aspired to be. Reports of cannabis odor have declined from a high of nearly one every other day in the summer and early fall of 2023 to only a single complaint over the last three months.

While we are confident the council remains poised to further adapt and respond to the evolving challenges, we want to celebrate the small victories when they come. In this long drawn out instance, it would appear that the public process has led to a solution that preserves the interests of both residents and business owners alike.

Liam Gallagher is Scarborough’s assistant town manager.