The North Yarmouth Planning Board puts the brakes on changing land use ordinances in regard to Adult Use Marijuana establishments.
Updated June 7, 2021
During a May 20 workshop, the Planning Board evaluated land use ordinances changes needed to opt-in to regulations for the four types of Adult Use Marijuana establishments. After consideration, the Board decided to pause making any changes, siting a number of concerns. May 20, 2021 Planning Board Workshop Recording.
State of Maine regulations for the four types of Adult Use Marijuana establishments, including retail stores, cultivation facilities/nurseries, testing facilities, and products manufacturing facilities require towns to opt-in to participate.
Unless a town opts-in to State Adult Use Regulations, the default is prohibition, i.e., no Adult Use Marijuana establishments would be allowed. These laws are specific to Recreational Adult Use Marijuana only. The State collects an effective tax rate of 20% (sales tax on retail sales and excise tax) on wholesale marijuana and marijuana products. Currently, local municipalities receive 0% of the taxes collected on Adult Use Marijuana by the State of Maine. Similarly, Medical Use Marijuana requires a town to opt-in to operate registered caregiver retail stores, dispensaries, testing facilities and manufacturing facilities. Most medical marijuana products are subject to Maine State sales tax of 5.5%. Edible medical marijuana products are subject to 8% sales tax. Hemp and CBD products are regulated by hemp statutes only, not Maine’s marijuana statutes. Home cultivation for personal use (up to 3 mature plants/adult) is not regulated.
The Board acknowledged problems with the May 2020 electronic “marijuana survey”. With only 344 responses, results were not representative of the general consensus of Town residents. To continue changing ordinances on the premise that the majority of town residents support opting-in would be premature and possibly a waste of time and resources. Survey Results Here.
Planning Board member, Chris Gordon, summarized the decision, “The input we received from members of the public is that the survey that was conducted last year did not reach enough Townspeople and the results may not be indicative of the opinion of most of the Townspeople.”
Other issues included the survey design. Since it was not conducted as a random sampling, it did not represent various demographics, nor was it limited to North Yarmouth residents.
The Planning Board proposed a two-phase approach to moving forward on the issue. Residents will first vote whether to opt-in to each of the four types of marijuana establishments. If the majority vote favors opting in, then the Planning Board will modify land use ordinances accordingly to accommodate and/or restrict the favored establishment. A second town vote will be specific to the proposed land use ordinance changes.
Gordon stated, “Our opinion is that the best way to handle (this) for North Yarmouth is to place a series of questions on the ballot for the November 2021 election for the Town to vote on whether or not the Town wants to opt-in or opt-out of each use allowed pursuant to 28-B M.R.S.A ~101 et.seq. If some or all of the uses are approved by the Town, then the Planning Board would work to develop regulations that would be voted on by the Town at a Town Meeting or Special Town Meeting following the election. We believe that proceeding with this two-phased approach will allow the Town to get a clear answer as to whether the Town wants any of these uses to be allowed in North Yarmouth before spending time and resources on developing detailed regulations for any approved use.”
Gordon went on to say, “regardless of the approach taken, more outreach and education of the Townspeople is needed on this matter.”
Typical platforms information such as social media and the town’s website have limited reach. Help is needed to develop a plan to contact as many people as possible from various demographics prior to any town vote.
Beth Blakeman-Pohl of Casco Bay CAN in New Gloucester has offered to advise The Planning Board as it considers ways to best inform residents and provide education. Blakeman-Pohl has been an invaluable resource for neighboring towns considering whether to opt-in to Maine State regulations. The goal is to help residents understand the benefits and costs of opting-in before the November vote. Casco Bay CAN educates people on the impacts of opting-in and all that goes along with cultivation and retail sales of cash crops. They provide research and data on the potential costs relating to crime, home values, substance abuse, and impacts upon our youth.
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