BIDDEFORD — Action taken by the City Council Tuesday gives the green light for a combined medical marijuana dispensary and growing facility to set up shop on a major route in Biddeford.

The council’s action occurs a week after the announcement that a company was awarded a license to provide marijuana for medical use in York County and wanted to locate in Biddeford.

The non-profit corporation Safe Harbor Maine, Inc., based in Poland, plans to locate a dispensary selling medical marijuana in an existing vacant building at 460 Alfred St. on Route 111.

The zoning amendment to allow medical marijuana dispensaries in the Industrial 3 Zone ”“ the zone in which the dispensary plans to locate ”“ was approved by the council as an emergency measure so that it would take effect before a moratorium prohibiting such facilities in the city runs out on Sept. 12.

After Maine voters approved a citizens’ initiative in November to allow a regulated distribution system for medical marijuana, the Department of Health and Human Services created rules which initially allow eight dispensaries to set up in Maine, one to be located in each of the state’s public health districts.

Safe Harbor Maine will serve Public Health District 1, which consists of York County.

According to Planning Director Greg Tansley, municipalities cannot simply ban medical marijuana dispensaries, but municipalities can decide where to allow dispensaries and growing facilities to locate.

Last week, the Planning Board voted to recommend to the council that it allow medical marijuana dispensaries as a conditional use in the Medical Zone, in certain sections of the Business 2 Zone and the Industrial 3 Zone; and to allow growing facilities as conditional uses in the Industrial 1 and 2 Zones.

City Councilor Patricia Boston amended this to only allow medical marijuana dispensaries in the Industrial 3 Zone, saying that was sufficient to meet the current needs. As passed, this amendment does not allow stand-alone growing facilities in Biddeford.

However, dispensaries, which must grow their own product, are allowed to have a growing facility at the same location as the dispensary, said Safe Harbor Maine President Glenn Peterson.

That facility will meet the immediate needs of his customers, said Peterson.

Depending on how much his customer base grows, he said, he may outgrow the Route 111 location as a growing facility. At the Planning Board meeting, Peterson said he would move his growing facility to his farm in Poland if that were to occur.

City Council President Bob Mills said via telephone this morning he thought the measure that was passed was unfair because it could restrict other dispensaries or growing facilities from locating within the city. He said at a later date, the state may allow more dispensaries in Maine.

Several residents spoke in favor of allowing a dispensary in Biddeford.

“This is way overdue,” said resident Wayne Mcbreairty.

Several councilors also spoke in favor of the medical marijuana dispensary. Mills said he had supported the petition drive to get the referendum on the state ballot.

Councilor George “Pete” Lamontagne said about the measure, “It’s about time.”

Other councilors expressed some reservations.

Councilor Rick Laverriere said allowing dispensaries was “all new” and he was concerned that there could be problems. He noted that there have been a number of robberies at drug stores in the city with people stealing prescription drugs.

The state requires extensive security measures for dispensaries, said Peterson, including setting up in a cement “vault-like” building, installing security cameras, and using state-issued cards for employee and client access.

Councilor Clement Fleurent said he was concerned that the dispensary, which he feared could have a significant amount of walk-in traffic, planned to move in near several daycare facilities.

Peterson said he doubted there would be walk-in traffic. The first year, he said Peterson, the number of clientele will probably be less than 100 for all of York County. The location is near the turnpike exit, along a bus route and because many of the patients will be too sick to drive, Peterson he said he estimated he would be making deliveries to at least 40 percent of his clients.

Maine’s laws regarding who can purchase medical marijuana are very restrictive, said Peterson. In addition to a letter from a doctor, the state will review a patient’s medical records before deciding whether or not to give him or her a registration card. Also, the number of conditions for which patients will qualify to purchase medical marijuana is very restrictive, said Peterson.

Safe Harbor Maine plans to open at the beginning of the year, said Peterson.

— Staff Writer Dina Mendros can be contacted at 282-1535, Ext. 324 or dmendros@journaltribune.com.