By Rick Wright

Staff Writer

One medical marijuana dispensary in South Portland would be enough, at least for now.

That’s the conclusion of the city council, which discussed the issue at its workshop Monday.

The recommendation came from councilor Rosemarie De Angelis after a long discussion about a new zoning ordinance to accommodate dispensaries in the city.

“I can live with one. We can always change it. I’m for keeping it simple. Let’s start with one and go from there,” De Angelis said.

The law authorizes the Department of Health and Human Services to approve eight dispensaries in the state during the first year, one per public health district. That number can be increased in future years.

DHHS has adopted eight public health districts to coordinate health services throughout the state. Boundaries are determined by population, geography, hospital service areas and county borders.

Cumberland County will be allowed one dispensary in the first year because it is one of Maine’s eight public health districts.

DHHS started accepting applications for dispensaries May 10. It will announce approved applications July 9.

As of Tuesday, no applications had been submitted, according to the DHHS website.

DHHS will select the best application for each public health district. Applications are judged on several criteria, including compliance with local ordinances, long-term business plan, ensuring a steady supply of marijuana, business experience and strength of patient education.

The application/annual renewal fee is $15,000. Unsuccessful applicants will be refunded all but $1,000.

The law does allow municipalities to limit the number of dispensaries located within its boundaries. The law also permits towns and cities to deny permits for dispensaries if they don’t comply with reasonable land use regulations.

So far no one has applied for permission to establish a dispensary in South Portland, according to the city’s corporation counsel, Sally Daggett.

Councilor Linda Boudreau liked the cautious approach. 

“Let’s be safe, go slow and learn from our experience,” she said.  

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

The ordinance was developed by a committee that included City Manager Jim Gailey, Police Chief Ed Googins, Police Lt. Frank Clark, Planning Director Tex Haeuser and Daggett.

The committee was formed in February after the council voted to implement a six-month moratorium on medical marijuana dispensaries to give city staff time to develop zoning regulations for the number and locations of dispensaries in South Portland.

The proposed ordinance restricts dispensaries mostly to the west end of the city beyond I-295. They would have to be in commercial and or industrial zones, which are located at least 1,000 feet from schools, parks and recreational trails.

The moratorium is scheduled to expire Aug. 20 but it could be ended sooner if the council officially adopts the new ordinance before that date.

Clark said he was concerned about potential criminal activity that might result from establishment of a dispensary. 

“We’ve been able to look at some of the problems elsewhere. When you put drugs and money in one place and someone knows about it, that’s a recipe for something,” Clark said.

“It’s hard to be opposed and it’s hard to be for because it’s new,” said councilor Maxine Beecher. “I think we ought to allow it in more zones.”

Councilor Tom Blake favored expanding the approved sites to all parts of the city.

“We’re being too restrictive. It’s all on the west end,” Blake said. “We’re looking at dispensing a controlled pain relief substance. The voters approved it. We’re way too restrictive on the zoning.”

Mayor Tom Coward disagreed with Blake. 

Coward said he was happy the recommended zones would keep the dispensaries away from residents and schools. Coward predicted a dispensary would be a large operation that would draw traffic and require substantial parking.

“It’s going to be more like Sam’s Club than Rite Aid,” Coward said.

In other business Monday, Haeuser asked the council for guidance about where to allow tattoo and body piercing establishments in the city.

Councilor Jim Hughes said he was frustrated the city has been dealing with this issue since 2008 and current zoning restricts shops to his district in the west end.

“I think we ought to just bag the whole damn thing. Everything is getting moved to my end of town. My personal opinion is that we should bag it and forget it,” Hughes said.

Hughes also said he believed tattoo shops should be allowed to locate anywhere in the city.

Ultimately, the council agreed informally that tattoo and body piercing shops should be defined as personal services with zoning the same as hair salons.  

“I think the overall consensus by the council is we don’t differentiate between (tattoo shops) and hair salons. I have a hard time making a distinction between the two,” Coward said.

Hair salons are permitted in residential districts if they are run as home occupations and approved by the planning board as a personal service with a special exception.

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