SANFORD — The city’s medical marijuana moratorium, which is coming up on its six-month limit, may be headed for extension.
The City Council on Tuesday held a public hearing and first reading of an amendment to the current zoning ordinance that would regulate three categories of medical marijuana production.
But the councilors acknowledged that a number of questions remained, and that issues such as potential crop contamination by facility inspectors should be dealt with before holding a second reading and a final vote.
The council didn’t vote to extend the moratorium on Tuesday. Instead, it set a public hearing to listen to residents’ opinions about an additional six-month extension.
The public hearing is scheduled for 6 p.m. Feb. 16.
“It is clear we have more to learn,” said Mayor Tom Cote.
The ordinance addresses in-home production by registered patients growing for their own use; as a home occupation by a registered caregiver growing for others; and production facilities other than a primary residence operated by registered caregivers.
The proposed ordinance would govern zoning. Regulations governing crop growth are the purview of the state.
A number of registered caregivers who grow at a former textile mill at 72 Emery St. voiced concerns through attorney Durward Parkinson.
“This is an emerging area of Maine state law,” said Parkinson.
Parkinson pointed to a civil case currently in the courts involving the town of York. He believes the state law governing medical marijuana prohibits towns from enacting laws of their own, and that licensing, inspection and other factors are discriminatory because other businesses don’t have similar regulations.
Parkinson also said the council needs to clarify the “grandfathered” status of existing operations.
Medical marijuana growers are especially concerned about annual inspections of growing facilities for compliance with electrical and similar codes by city personnel.
Growers said the crop is easily contaminated, and that no pesticides or fungicides have been approved for use. If an inspector visited a number of growing operations on a single day, the inspector could carry contaminants form one operation to another, they said.
Grower Tina Tranchemontagne said losing a crop and having to start over would be a financial burden.
“I want to work with you,” she said to the council, suggesting she would be happy to provide receipts for electrical work and other upgrades, as well as photographs, to show that her operation follows the rules.
David Hussey said he lives near a new growing operation on Hancock Lane, and that odor controls haven’t worked.
“I was assured there would be no odor,” Hussey said, adding that any rules the council plans to enact must be enforced.
— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or [email protected].
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