SACO — The city has approved a temporary ordinance to prohibit recreational marijuana cultivation facilities and social clubs until the state establishes regulations.

Maine voters legalized marijuana last November. Marijuana use is legal for those 21 and older, but the sale of recreational marijuana won’t be permitted until next year.

The City Council approved the temporary ordinance Monday night. The ordinance goes into effect 30 days after it was approved and expires one year later, unless it is repealed or reauthorized by the council.

City Administrator Kevin Sutherland said city officials will work with businesses and state officials, and as recreational use is better defined in the state they will develop an ordinance that is “smart for Saco” that protects the city and its businesses and residents.

The City Council has also issued a temporary ordinance requiring a license from the city for anyone who grows recreational or medical marijuana, and is considering making this a permanent city law. Under the ordinance, licenses are obtained at City Hall and are good for one year. The ordinance does not require a license for personal use of marijuana in one’s own home provided there is no associated cultivation, harvesting, transferring, exchanging or distributing of marijuana or marijuana products. 

Under the ordinance, those who grow marijuana without a license would be subject to a fine. Those who are caught transferring marijuana out of state will get their license permanently taken away.
Councilor Nathan Johnston said he wanted to make sure the ordinance would address a loophole in the state law, where people were giving marijuana to people for free but charging for the delivery of the product. 

 The ordinance requires anyone who processes, transfers, exchanges or distributes marijuana for a third party to do so within facilities and areas approved by the city’s zoning ordinance. Those who violate this will be subject to a $2,500 fine for the first offense and $5,000 for the second.

A public hearing on this proposed permanent ordinance will be held on Aug. 21.

Local medical marijuana caregiver Brett Messer said he supported the temporary recreational marijuana ordinance. He said he was happy the city considered public input and data to make an informed decision and aligned itself with the state to maintain the city’s safe and healthy character and making it business friendly.

“I think it’s a win/win,” he said. 

Messer, however, had issues with the proposed ordinance regarding marijuana cultivation licensing. He said he thought it was “very preemptive” and the city should wait for more input from the state on how it’s going to regulate marijuana before in enacts anything

— Staff Writer Liz Gotthelf can be contacted at 282-1535, ext. 325 or egotthelf@journaltribune.com.