Ellsworth council tables medical marijuana dispensary license as city updates performance standards

The Ellsworth City Council voted Jan. 20 to table an application for a new medical marijuana dispensary at 71 Main Street, saying staff must finish updating municipal performance standards before approving a transfer of ownership.

City Attorney Tim Peas told the council staff had concerns about how to apply existing standards to a transfer of ownership, citing gaps in the ordinance and the need to align medical dispensary rules with recently developed standards for adult-use stores. Peas said the lack of clear municipal performance standards made it difficult for council and staff to evaluate a new operator’s application.

‘‘When you don’t have performance standards for a critical business like this, that is a red flag for the city,’’ Peas said during the meeting.

Prospective buyer Frank Bernie, who operates multiple cannabis businesses in Maine and spoke during the public hearing, urged the council to approve the license or grant a conditional/provisional approval so a seller could close a transaction. Bernie said he had contacted city code enforcement weeks earlier and relied on staff guidance when moving forward with the purchase. ‘‘We put our business transaction on hold to hear back from the city,’’ he said. ‘‘I’m not opposed to limits or a probationary license. I’m just trying to move this business transaction forward.’’

Deputy City Manager Sarah and Planning Director Danielle Gift told council the planning board was scheduled to review updated performance standards on Feb. 4 and staff hoped to have revised standards to council shortly afterward. Staff also said the location currently operates under a municipal license issued earlier; that license allows the existing operator to continue operating until June.

After discussion about the timing, public comments and legal uncertainty, Councilor Smith moved to table the application ‘‘until a moratorium ordinance has been adopted and expired allowing the city staff to update medical marijuana dispensary performance standards.’’ The motion carried; one member recorded an abstention. Councilors instructed staff to expedite the performance-standard revisions and said they preferred a transparent, documented standard before approving new transfer applications.

The council’s formal action leaves the existing licensed operation able to continue under its municipal/state licenses while the city finalizes updated performance standards and any associated zoning or public-notice steps.