Council renews cultivation license for Nature's Miracle but denies local retail authorization

The South Berwick Town Council on May 21 renewed a medical cannabis cultivation license for Nature's Miracle (operator Eric Bergendahl) but voted 0-4 against approving a local medical caregiver retail authorization for the same location.

The council first voted to renew the cultivation license; that motion passed with a 4-0 vote after town staff and the applicant’s counsel confirmed that at least some supporting credentials had been renewed. The renewal was presented to allow the State Office of Cannabis Policy to complete state-level paperwork.

Council discussion on the retail authorization focused on whether the operation is a grandfathered nonconforming caregiver retail store under state law and whether municipal approvals or planning-board review are required. Attorney Jill Cohen, representing Bergendahl, said the applicant has operated as a caregiver in South Berwick since 2013, and provided materials the applicant contends show municipal awareness and “substantive review by numerous municipal officials.” Cohen said the applicant’s position is that the location is grandfathered and therefore does not require a planning-board change: “He’s been a caregiver in South Berwick since 2013,” Cohen said.

Town counsel and staff urged caution. The town’s legal adviser (Bill Sautier) summarized the local standard and said municipal approval requires evidence such as planning-board approval or other municipal actions that addressed the use: “Municipal approval meaning substantive review by town officials,” he said. Town staff also noted the retail classification and the local authorization form introduced by the Office of Cannabis Policy in 2024 had changed how fixed-location sales are treated and that some towns have required planning-board review in similar circumstances.

Council members also discussed an administrative matter recorded in the application packet: at least one license shown in the materials had been expired at the time the application was submitted but the applicant’s counsel said renewals were in process and the relevant credential has since been renewed. Code enforcement and police staff also reported a recent notice of violation related to displayed paraphernalia; the code officer said the paraphernalia was removed promptly after a notice and that a reinspection found compliance.

After more than an hour of discussion and testimony from the applicant (Eric Bergendahl) and counsel, Council President moved to approve the caregiver retail license; the motion failed on a 0-4 vote. The cultivation renewal motion, taken earlier, passed 4-0.

The record shows two separate formal outcomes: a granted cultivation license renewal and a denied local authorization for caregiver retail at this location. The council noted that state rules and the local ordinance are both part of the factual inquiry and that the applicant may seek follow-up steps available under municipal or state administrative processes.