Pubdate: Thu, 22 Jul 2010
Source: Morning Sentinel (Waterville, ME)
Copyright: 2010 MaineToday Media, Inc.
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Details: http://www.mapinc.org/media/1474
Author: Leslie Bridgers

BARRIERS MOUNT FOR MARIJUANA DISPENSARIES

Each of them has different challenges,' one state official says

Waterville's move toward enacting a moratorium on medical marijuana 
dispensaries is the latest roadblock to arise as dispensary operators 
try to secure sites for their clinics.

Three groups emerged from a highly competitive selection process as 
the state's choices to run Maine's first six dispensaries. But there 
are still hurdles in the way of them opening for business.

One of the selected dispensary operators said if he's able to secure 
a site soon, mid-December would be the earliest he could start 
selling marijuana.

In their applications to the state, the groups indicated where they 
would like to open the dispensaries, but none of them has secured a location.

"Each of them has different challenges," said Catherine Cobb, 
director of the Licensing and Regulatory Services Division of the 
Department of Health and Human Services.

Cobb said she wasn't concerned yet that those challenges would delay 
the opening of the dispensaries. She said she plans to meet with the 
three groups this week to discuss their next steps toward opening the 
clinics and, at that point, will have a better idea of when they 
could be in business.

For Northeast Patients Group, which will run four of the dispensaries 
including one in central Maine, gaining the approval of local 
officials could prove cumbersome.

Although the group said its first choice for a central Maine location 
was in Augusta, its second choice -- a former KFC on Water Street in 
Waterville -- may not be an option soon, if the group wants to open 
its dispensaries by the end of the year, as planned.

Waterville city councilors indicated on Tuesday they'd like to enact 
a six-month moratorium on dispensaries. They still have to take two 
votes before they can officially put one in place, but the council 
was united in its decision and wondered if the city could ban 
dispensaries entirely.

State law stipulates that municipalities cannot prohibit 
dispensaries, according to Eric Conrad of the Maine Municipal 
Association. Towns and cities are allowed to enact two six-month 
moratoriums for the purpose of developing reasonable zoning 
regulations. Although those moratoriums could effectively keep out 
dispensaries for a year, the law also states that the municipalities 
must be making progress on developing their zoning rules, Conrad said.

Some towns and cities in the state were proactive about forming local 
zoning regulations soon after the law was passed. Others waited until 
a proposal was in front of them.

Like Waterville, Hermon officials acted in reaction to a proposal by 
the Northeast Patients Group, which chose that town as its site in 
the Penquis district.

Hermon enacted a moratorium on July 8 -- the day before the state 
announced its selections for dispensary operators.

In Portland, Northeast has the council's approval to open a 
dispensary at its proposed site on Congress Street. But negotiations 
for that site stalled last week when it appeared that building, a 
former Key Bank, might not comply with the state's one zoning 
requirement -- to be more than 500 feet from a school.

Northeast's fourth proposed site is in Thomaston. The town's Code 
Enforcement Officer Peter Surek said the group would need the 
approval of the zoning board of appeals, but he hasn't received an 
application from Northeast.

"I haven't heard anything from anybody," Surek said.

Northeast Patients Group could not be reached for comment Wednesday.

Tim Smale, who was chosen to open a dispensary in western Maine, has 
already received the town of Wilton's approval to operate out of a 
vacant office building on Route 2. However, he has yet to sign a 
lease with the building owner.

"We're still in negotiations," he said Wednesday.

Smale said marijuana takes about 14 weeks to grow, which means, at 
this point, the earliest he could possibly open his dispensary is the 
middle of December.

Smale said he anticipated there would be some difficulty in securing 
a building and remains focused on finding a location as soon as possible.
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MAP posted-by: Keith Brilhart