By Rick Wright

Staff Writer

The South Portland City Council voted 5-2 Monday to implement a six-month moratorium on medical marijuana dispensaries.

Councilors Tom Blake and Rosemarie DeAngelis voted against the measure.

Maine voters last fall approved a referendum to allow individuals with “debilitating medical conditions” to acquire marijuana for medicinal use. The law also allows nonprofit dispensaries to sell or supply marijuana.

Since then, a task force appointed by Gov. John Baldacci has been developing recommendations for implementing the law. Once the task force completes its work, the Department of Health and Human Services will process applications and grant licenses to dispensaries.

The moratorium will be effective as of Jan. 11, the date the council first discussed the idea at a workshop. It will be in place for 180 days.

The amendment gives city staff time to develop zoning regulations for the number and locations of dispensaries in South Portland.

“The new law specifically provides that it does not prohibit a municipality from limiting the number of nonprofit dispensaries that may operate in a municipality or from enacting reasonable regulations,” City Manager Jim Gailey wrote in a position paper.

Assistant City Manager Erik Carson introduced the amendment Monday night and asked the council to pass it. 

“It’s not an emergency but it does stop the clock while the city drafts language to affect its use,” Carson said. “There are no rules or other standards currently in use.”

Linda Boudreau was one of five councilors who supported the amendment. 

“We’ve thoroughly examined the pros and cons. I think this is in good order to institute this moratorium,” Boudreau said.

Councilor Blake disagreed with the majority. Before casting his vote against the proposal, Blake said, “We don’t need a moratorium. We need to get to work. I’m for letting the DHHS do their work. I think a moratorium is excessive and unnecessary.”

In support of the measure, Mayor Tom Coward said, “I still think we need a moratorium because there are a lot of unknowns. This is new territory. LA (Los Angeles) has turned into a debacle. I don’t want South Portland to turn into a mini debacle.” 

Los Angeles is trying to reduce the number of medical marijuana dispensaries to 70. The city now has more than 1,000 dispensaries despite implementation of a moratorium several years ago.

In other business, the council agreed to a swap of property located off Broadway. The city will receive an 8,712-square-foot strip of waterfront land on the Greenbelt Walkway. The land currently is owned by Louis Maietta. In exchange, the city will give Maietta a 5,163-square-foot lot that abuts property he owns on Broadway. 

“It’s a positive arrangement for both parties,” Blake said. “We’re getting waterfront footage. It’s an excellent deal for the city.”

The council also convened a special workshop to consider a proposal for redevelopment of 85 Western Ave. Vincent Maietta purchased the property from the city in 2006. 

The lot is located on a triangle of land near the entrance to the Redbank neighborhood and is bounded by Western Avenue, Gorham Road and Westbrook Street.

Maietta hopes to develop a shopping center on the vacant lot that might attract such tenants as Subway, Buffalo Wild Wings, FedEx, Kinkos, Hallmark and Radio Shack.

After nearly 90 minutes of discussion, the council decided to discontinue the extension of Gorham Road by 600 feet and to rezone the area from a Transitional Central and Regional Commercial District to a Limited Business District. 

The extension discontinuation and the rezoning will allow Maietta to add more parking spaces to the front and rear of his lot. More parking will make it easier for him to market the shopping center to potential retailers, Maietta said.

The measure will now go to the planning board for a full review and final decision.

Rick Wright can be reached at 282-4337, ext. 237 or news@inthesentry.com.