The citizen-initiated legalization effort appeared as Question 1 on the Nov. 8 ballot. Unofficial results showed the question winning by less than 1 percentage point, the closest contest on a ballot that included four other citizen-initiated referendums and a bond question.
A recount effort was begun, but it was abandoned over the weekend, allowing Maine to become the latest state to legalize the use of the drug for nonmedical purposes.
The matter of a moratorium was raised in Houlton by Councilor Matt Carr.
Bangor, Brewer, Gray, Farmington, Portland, Wells, and Westbrook are among communities that instituted a six-month moratorium on retail cultivation and sale of recreational-purpose marijuana.
But Town Manager Butch Asselin told councilors that there were several things to consider, including that it could be 2018 before the state sets up licensing rules to allow the first marijuana stores and social clubs to open for business.
“Thirty or more communities have put together moratoriums,” he said. “I wonder if a moratorium is really necessary. It may not be, because it won’t be until January 2018 that these regulations take effect. One avenue we could take is to provide this information to the planning board and they could look into zoning, and we could do something like prohibit social clubs.”
He also said that there were other issues such as personnel matters to consider.
“There could be users working for the town,” he said. “Unless they have a commercial driver’s license, their rights are protected under HIPAA [the Health Insurance Portability and Accountability Act.]
Houlton already has a medical marijuana ordinance, which passed in 2011. It governs where medical marijuana dispensaries are allowed in the community and where marijuana can be cultivated. The proposal made changes to the town’s ordinances and codes and was drafted to comply with the state’s medical marijuana law that was approved by voters in 2009.
Any such medical marijuana sites in town are required to set up within the airport and industrial zones, which are on the outskirts of town and not heavily populated with homes or businesses.
There is only one registered medical marijuana dispensary located in Aroostook County. That is Safe Alternatives, which is located in Eagle Lake, according to information provided by state officials.
Councilors agreed with Asselin that they had plenty of time to consider the issue before it took effect, and agreed that sending it to the planning board was the best course of action.
The next step in the legalization process is for Gov. Paul LePage to send a proclamation to Secretary of State Matthew Dunlap affirming the validity of the election within 10 days of the secretary’s certifying the results. The Maine Constitution states that the law spelled out by the referendum would take effect 30 days after the governor issues that proclamation.
