Pubdate: Wed, 08 Sep 2010
Source: Journal Tribune (ME)
Copyright: 2010 Journal Tribune
Contact:  http://www.journaltribune.com/
Details: http://www.mapinc.org/media/1074
Author: Dina Mendros

ZONING OK'D FOR MEDICAL MARIJUANA DISPENSARY

BIDDEFORD - Action taken by the City Council Tuesday gives the green
light for a combined medical marijuana dispensary and growing facility
to set up shop on a major route in Biddeford.

The council's action occurs a week after the announcement that a
company was awarded a license to provide marijuana for medical use in
York County and wanted to locate in Biddeford.

The non-profit corporation Safe Harbor Maine, Inc., based in Poland,
plans to locate a dispensary selling medical marijuana in an existing
vacant building at 460 Alfred St. on Route 111.

The zoning amendment to allow medical marijuana dispensaries in the
Industrial 3 Zone  the zone in which the dispensary plans to locate
was approved by the council as an emergency measure so that it would
take effect before a moratorium prohibiting such facilities in the
city runs out on Sept. 12.

After Maine voters approved a citizens' initiative in November to
allow a regulated distribution system for medical marijuana, the
Department of Health and Human Services created rules which initially
allow eight dispensaries to set up in Maine, one to be located in each
of the state's public health districts.

* Safe Harbor Maine will serve Public Health District 1, which
consists of York County.

According to Planning Director Greg Tansley, municipalities cannot
simply ban medical marijuana dispensaries, but municipalities can
decide where to allow dispensaries and growing facilities to locate.

Last week, the Planning Board voted to recommend to the council that
it allow medical marijuana dispensaries as a conditional use in the
Medical Zone, in certain sections of the Business 2 Zone and the
Industrial 3 Zone; and to allow growing facilities as conditional uses
in the Industrial 1 and 2 Zones.

City Councilor Patricia Boston amended this to only allow medical
marijuana dispensaries in the Industrial 3 Zone, saying that was
sufficient to meet the current needs. As passed, this amendment does
not allow stand-alone growing facilities in Biddeford.

However, dispensaries, which must grow their own product, are allowed
to have a growing facility at the same location as the dispensary,
said Safe Harbor Maine President Glenn Peterson.

That facility will meet the immediate needs of his customers, said
Peterson.

Depending on how much his customer base grows, he said, he may outgrow
the Route 111 location as a growing facility. At the Planning Board
meeting, Peterson said he would move his growing facility to his farm
in Poland if that were to occur.

City Council President Bob Mills said via telephone this morning he
thought the measure that was passed was unfair because it could
restrict other dispensaries or growing facilities from locating within
the city. He said at a later date, the state may allow more
dispensaries in Maine.

Several residents spoke in favor of allowing a dispensary in
Biddeford.

"This is way overdue," said resident Wayne Mcbreairty.

Several councilors also spoke in favor of the medical marijuana
dispensary. Mills said he had supported the petition drive to get the
referendum on the state ballot.

Councilor George "Pete" Lamontagne said about the measure, "It's about
time."

Other councilors expressed some reservations.

Councilor Rick Laverriere said allowing dispensaries was "all new" and
he was concerned that there could be problems. He noted that there
have been a number of robberies at drug stores in the city with people
stealing prescription drugs.

The state requires extensive security measures for dispensaries, said
Peterson, including setting up in a cement "vault-like" building,
installing security cameras, and using state-issued cards for employee
and client access.

Councilor Clement Fleurent said he was concerned that the dispensary,
which he feared could have a significant amount of walk-in traffic,
planned to move in near several daycare facilities.

Peterson said he doubted there would be walk-in traffic. The first
year, he said Peterson, the number of clientele will probably be less
than 100 for all of York County. The location is near the turnpike
exit, along a bus route and because many of the patients will be too
sick to drive, Peterson he said he estimated he would be making
deliveries to at least 40 percent of his clients.

Maine's laws regarding who can purchase medical marijuana are very
restrictive, said Peterson. In addition to a letter from a doctor, the
state will review a patient's medical records before deciding whether
or not to give him or her a registration card. Also, the number of
conditions for which patients will qualify to purchase medical
marijuana is very restrictive, said Peterson.

Safe Harbor Maine plans to open at the beginning of the year, said
Peterson.
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MAP posted-by: Matt