[420 Girl]

Maine - Many Maine cities and towns are considering what authority they have to regulate marijuana dispensaries. It seems prudent to look into it, since state-licensed shops offering cigarette papers, pipes, and bags of marijuana will soon open.

A panel will soon make recommendations to the governor on the Medical Marijuana Act, passed by referendum last November. The committee does not have any recommendation on the number and location of dispensaries, according to a recent report in the Kennebec Journal.

Such questions can still be considered by the Legislature and the Maine Department of Health and Human Services. Since the new law provides only general guidelines, Gov. Baldacci is expected to seek legislation for its implementation

State officials shouldn’t be the only ones considering rules under which the new dispenaries will operate. Moratoriums and zoning issues have already been discussed in a number of municipalities, including Auburn, Brewer, Elsworth and South Portland. Since the law creates a new kind of business, making an otherwise illegal activity permissable under certain circumstances, local analysis seems essential. Planners should work out what category such enterprises belong in.

Brewer approved a six-month moratorium in December to enable the city to consider the complications that might arise. A Bangor Daily News report noted concerns among councilors ranging from transportation and packaging to management of the dispensaries. The city solicitor noted that Maine’s new law does not supercede federal laws against the sale of marijuana.

According to Maine’s Medical Marijuana Act, dispensaries must operate on a not-for-profit basis, regulated by the Department of Health and Human Services. The law allows cities and towns to limit the number of dispenaries permitted and to enact reasonable zoning regulations. No dispensary can be opened within 500 feet of a school.

New Jersey recently became the 14th state to allow patients to legally use marijuana and obtain it from regulated dispensaries. Lawmakers were reassured by provisions limiting prescription of pot to serious illneses, and requiring the drug to be monitored as closely as opiates like Oxycontin and morphine.

It’s widely believed that marijuana can be effective in relieving pain and treating other symptoms of serious diseases, and Maine voters clearly want this therapy to be available to those who are suffering. Now it’s up to state and local officials to determine how to address the potential problems.

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