TOPSHAM

Topsham is trying to stay proactive in prohibiting medical marijuana storefronts.

Selectmen will consider extending the town’s moratorium at their meeting Wednesday, in the wake of voters rejecting a proposed ban on retail operations at the May 16 Town Meeting. In voting against the measure, residents cited concerns about the ordinance that would have lumped retail and medical marijuana together.

The moratorium would last for six months.

“We are left in a position where any place we would have to allow these establishments,” said Town Manager Rich Roedner. “This includes the lower village, the mall, Route 196, and potentially in front of the high school.”

He said the town has been waiting for direction from the state.

If the ordinance had been approved at Town Meeting, it was the intention of Roedner and selectmen to develop zoning codes for the establishments.

Under current code, medical marijuana storefronts are viewed as a retail operation, the same as a store selling glass pipes. With a storefront, the medical marijuana clinic is seen as an accessory use of the retail facility. The clinic can serve up to five patients with a card, but the fifth slot is left open to anyone who enters the store.

It is different from a retail marijuana store, however, as a medical marijuana card and a valid condition are required to make a purchase.

Roedner explained at Town Meeting that under state law, towns have to “opt in” to have retail stores.

Topsham currently has one medical marijuana storefront operation — Highbrow — located at the Topsham Fair Mall. Mall owner John Larson said he had to do his homework when he was approached by the owners, but had little concern once he learned how the operation works.

“It’s totally separate,” he said. “No one is able to buy the product on a retail basis. When you walk in you’d almost think you’re in an art gallery.”

Larson also spoke out against the ban at Town Meeting, and encouraged others to research the facilities. He toured Highbrow’s original facility in Waterboro to learn more about the layout of the operation.

Much like a doctor seeing a patient, cardholders are taken to the back of the store in a private area where the medical marijuana caregiver facility is located.

“The more I talked to people, I was surprised to find a lot of people I never knew used the product and had benefitted from it,” said Larson.

It’s Roedner’s hope rules to govern medical marijuana storefronts will be put in place while the moratorium is extended. Voters had decided in December to extend a previous moratorium for another six months.

While direction is still yet to come down from the state, it’s likely the town will be more proactive. If the ban had passed at Town Meeting, the code issues would still have been addressed.

“We had planned to address the issue over the short-term,” said Roedner. “We are in a position where we’d be losing any control over these types of establishments. It’s not that we’re opposed to it.”

Impact on Highbrow

Highbrow would remain unaffected by the moratorium. During the proposed six-month moratorium, protection would be in place to allow for time to develop an ordinance. Roedner expects the ordinance to be ready for a fall Town Meeting.

Wednesday’s special selectmen’s meeting will take place at 7 p.m. at the Topsham Municipal Building.

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