|
Shaw Dwight is the owner of Paul's Boutique
in Windham and says he believes the town's
new marijuana ordinance will make it an
extremely competitive licensing process for
the adult use market in Windham.
PHOTO BY ED PIERCE |
By
Lorraine Glowczak
The approved
town ordinance on the sale of Recreational Adult-Use and Medical Marijuana
Storefront facilities as well as business and personal marijuana outdoor cultivation
that was voted on, approved, and adopted by the Windham Town Council on May 26
officially took effect on Friday, June 26.
The
deadline, however, for business applications occurred July 27 and will be
forwarded in a month to the Windham Town Council for consideration. A special Windham
Town Council meeting will be called on the first or second week of September to
review and address the applications.
A four-
to five-year process in the making, the Town of Windham has considered this new
business and perhaps controversial model for a while. All the while, the town
itself has seen retail marijuana storefronts increase to the present number of
nine businesses. Some see this as economic development while others view this
as a moral or youth-based use issue. Whatever the case may be, the Windham Town
Council has diligently considered both perspectives in the past four years.
“Marijuana
vendors began to build their businesses in 2016-2017,” said current Town
Council Chair, Jarrod Maxfield. “Council members at that time – along with the Windham
delegation, toured the facilities that were established. The vendors built
their businesses immediately following the vote to approve medical marijuana at
a time when there were no state regulations. The 2016-2017 Council chose not to
‘opt out’ of having marijuana business in Windham. As a result, it fell to the current
2020 Council to take a highly unregulated industry and put regulations on it.”
In the past
couple of years, former and current Town Council meetings have had the sell of
medical marijuana as a business on their agenda with public comment on both
sides of the perspective.
After
much consideration and public comment, the current Council considered as many angles
on this issue as possible and finally reached the current ordinance which
includes the following:
1)
One
must be licensed to own a business.
2)
Two
recreational, adult-use storefronts are allowed in the town.
3)
Four
medical marijuana storefronts are allowed in the town.
4)
No
marijuana plant can be grown outdoors. This includes both vendor and personal
plant growth.
5)
For
businesses, fees to apply for vendor license will be required. The fees are as
follows:
Adult
Use Marijuana Store - $2,500
Marijuana
Cultivation Facility - $1,000
Marijuana
Manufacturing Facility - $1,000
Medical
Marijuana Registered Caregiver - Cultivation conducted on site - $300 Medical
Marijuana Registered Caregiver (Home Occupation) - Cultivation not conducted on
site - $150
Medical
Marijuana Caregiver Retail Store - $2,500
Marijuana
Testing Facility - $1,000
“The
fees will go toward substance use education and prevention, but the parameters
and specifics have yet to be determined,” said Windham Town Manager Barry
Tibbetts. “The town council will discuss and consider these factors in the near
future.”
Town Council
Chair Maxfield said that the intention of the ordinance is to limit storefronts
to a total of two adult-use and four medical storefronts.
“Currently,
there are nine storefronts,” said Maxfield. “These storefronts are
grandfathered in. When a marijuana
business decides to close, it will not be replaced. At this point – there will
only be a total of six marijuana businesses in Windham – limited to two recreational
adult use and four medical marijuana storefronts.”
Two
business owners offered their thoughts on the new ordinance put in place.
“As a
member of the appointment committee, I helped draft the Town of Windham
Marijuana Business Licensing Ordinance,” said Shaw Dwight, the owner of Paul’s
Boutique. “I recognize and am grateful for the time and commitment put forth by
council members on this subject. Paul's Boutique has been doing business in
Windham since 2016, and this ordinance could allow us to expand our offerings
at our store on Route 302 into the adult use market. The Town's cap on adult
use marijuana stores, however, will make this an extremely competitive
licensing process. I agree that the Town should be able to know and control who
operates in the Town but do feel there may be a tendency for municipalities to
over-regulate cannabis.”
Charles
Hawkins, owner of Maine Alternative Caring, shared his thoughts in terms of a
Windham resident rather than a property owner.
“I have
two major concerns as property owning resident of the town,” Hawkins said. “The
impact of this ordinance on Windham residents in terms of personal outdoor
marijuana growth is a huge injustice. Whether one is growing for recreational
or medical use, an individual is halfway through this season’s harvest as this
ordinance is implemented. That is a lot of money invested in plant growth. Not
only that, the implementation of this ordinance is a burden on the taxpayer in
terms of police and code enforcement. My second major concern is the limitation
of marijuana business growth to Enterprise Drive in North Windham. I find that
this may be a violation on property owners’ rights as well as possible income for
vacant farmland owners. What about other property owners who have the land to
offer cultivation, providing a rental income on their property? Why should this
be limited to Enterprise Drive?”
Although
it is true that both sides of the perspective may not be happy, Maxfield
believes the Town Council did their best trying to meet all sides.
“Neither
side, for or against, is happy with the ordinance outcome,” Maxfield said. “But
for me, this is a positive thing. That indicates to me the Council found a
middle of the road answer while regulating and putting some control on the
expansion of the marijuana industry in our town while at the same time
addressing the concerns of Windham residents who believe we have too many
marijuana businesses in a such a small town.”