Decision on moratorium expected next week - Jan. 29, 2010
By Rick Wright
Staff Writer
The South Portland City Council moved one step closer last week to implementing a temporary ban on medical marijuana dispensaries,
Councilors on Wednesday, Jan. 20, voted 5-2 to approve City Manager Jim Gailey’s first reading of a proposal to stop dispensaries from opening for six months.
Councilors Tom Blake and Rosemarie DeAngelis voted against the measure.
The council’s final vote will come at its Feb. 1 meeting. Councilors first discussed this idea at a workshop Jan. 11.
Maine voters last November approved the medical marijuana law, which allows individuals diagnosed with “debilitating medical conditions” to acquire marijuana.
However, municipalities still are waiting for a task force and the Maine Department of Health and Human Services (DHHS) to provide guidance for implementing the law.
The council also voted unanimously to amend the original proposal to strike the phrase “moral climate” which read, “whereas, the possible effect of the location of a medical marijuana dispensary has implications for the health, safety, welfare, and moral climate of the City and its citizens…”
“I don’t think it’s our purview to determine what the moral climate is,” said Councilor Rosemarie DeAngelis. “I am in no way comfortable doing that.”
The purpose of the moratorium, according to Gailey, is to give city staff time to determine how many dispensaries should be in the city and where they should be located.
Sally Daggett, the city’s legal counsel, said DHHS must finish the rule-making process by the end of April but will not issue licenses to dispensaries until June.
“We just want time to address that rule-making process,” Gailey said. “Although, it’s going to be a six-month moratorium, at any point along the way, we can cease the moratorium.”
“I’ll be opposing it,” said councilor Tom Blake. “I don’t see this moratorium as necessary. We should be following the guidelines of the state.”
Councilor Linda Boudreau voted in favor of the measure. “I feel the moratorium is the best way for us to protect the public’s best interest in this case,” she said.
In other business, Councilor Jim Hughes, city employee David Thomes and South Portland Land Trust Member Gerald Jalbert were elected unanimously to the Long Creek Watershed Management District Board of Directors. The board is charged with overseeing the Long Creek Restoration Project. It is comprised of representatives from Scarborough, Westbrook, Portland and South Portland.
“These three individuals have been involved for a long time,” said Councilor Maxine Beecher.
“It’s a huge task. They’re three really excellent representatives from South Portland. That whole area will be made healthy and clean.”
A business license was approved for Newicks South Portland Lobster House, which is returning to the city after leaving a few years ago. Previously located on Broadway, Newicks will now be at 200 Gorham Road, near the Maine Mall. The restaurant will open “within a week or two,” said Steve Newick. “We’re still in the permitting stage.”
The council also voted to accept a $2,000 grant for the police department to combat underage drinking in the city.
“It brings to the forefront, the need to do whatever we can do to keep our children alive,” Beecher said.
Rick Wright can be reached at 282-4337, ext. 237 or news@inthesentry.com.


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