COUNCILORS ADOPT MEDICAL MARIJUANA RULES

LEWISTON - There's a difference between growing medical marijuana for
yourself and growing it for other people, city councilors said Tuesday
night.

"And I think that given our housing stock, we have a duty to regulate
those larger operations," Councilor Mark Cayer said.

Councilors voted 5-0 over the objections of the Maine Civil Liberties
Union to approve a pair of ordinances aimed at regulating medical
marijuana growing and distributing operations.

Alysia Melnick, public policy counsel for the Maine Civil Liberties
Union, said state rules regulating sellers of medical marijuana are
more than adequate. They might even be too strict.

"We're already concerned about state regulations," Melnick said. "So
now we're doubly concerned about municipalities layering more
regulations on groups that are acting in a law-abiding manner."

Voters approved the sale of medical marijuana in November 2009, but
the city has since had a moratorium in place. That moratorium, which
keeps dispensaries out, is due to expire in January.

Auburn Plaza, across the river on Center Street, will be home to one
of eight medical marijuana dispensaries approved by the Maine
Department of Health and Human Services. The dispensary, Remedy
Compassion, is tentatively set to open this month. It will be the only
one serving the state's Zone 3, which includes Androscoggin, Oxford
and Franklin counties.

Lewiston's new rules would limit all distributors to industrial,
commercial business, office service and urban enterprise zones of the
city. It would also keep them away from churches and child care
facilities and would mandate background checks for officers, board
members and employees.

But state law allows smaller operations, called primary caregivers,
virtually anywhere. Those small operations are allowed to grow and
dispense medical marijuana for up to five patients with valid
prescriptions.

Lewiston's rules still exempt providers growing for themselves or a
single patient. They require those providing medical marijuana for two
to five patients to get city licenses and to meet certain fire safety,
building and code rules.

"The city has legitimate health, safety and welfare concerns," Mayor
Larry Gilbert said. "These larger operations will require a large
number of grow lights and heating sources that could create a fire
hazard - particularly in some of the city's older structures and
multi-family residences."

Melnick argued that the rules are not necessary. The state has allowed
caregivers to grow medical marijuana for themselves or family members
with prescriptions since 1999.

"There are many operations that have been in existence for years
across Maine, and certainly some in Lewiston," she said. "I would
think that if those problems were likely to occur, they would have
already."

Danika Clark said she is a medical marijuana patient who buys from a
primary caregiver. Her caregiver has told her he will have to give up
his operation under Lewiston's new rules.

"This is forcing people to choose between their homes and providing
the medicine they need," Melnick said.

Melnick said the MCLU over the next month would review its options
concerning Lewiston's new rules. That could involve suing the city,
she said.