BAR HARBOR — Residents will have the chance to vote on five articles during November’s town meeting and the Warrant Committee has made its recommendations to Bar Harbor voters.  

The 15-member committee met last Thursday to deliberate and vote on the pending ballot issues: lowering cruise ship passenger disembarkation; removal of a two-thirds majority voting requirement for land use amendments; allowing retail marijuana sales through two initiatives; and historic properties review.  

Notably, the committee voted 9-6 against a citizens’ petition plan to limit cruise ship disembarkation to 1,000 passengers per day after over an hour of debate. 

In a nearly unanimous vote of 14-1, the committee recommended the removal of the majority two-thirds vote requirement in favor of a simple majority for land use amendments to pass at town meeting regardless of how the Planning Board has voted. 

They also voted 9-6 in favor of two separate citizens’ petitions allowing and licensing retail marijuana in town.   

Cruise ship contention 

The notion of limiting overall cruise ship disembarkation numbers in Bar Harbor is one hardly up for debate. But finding consensus on a single implementation strategy has been a years-long dispute. 

One plan, initiated through a citizens’ petition, slashes current daily limits ranging from 3,500 to 5,500 depending on the month to no more than 1,000 persons per day. The town’s harbormaster would create a reservation system and counting mechanism for passengers coming ashore. A breach of compliance, overseen by the town’s code enforcement officer, would result in a $100 fine for each unauthorized passenger.  

Bar Harbor residents will have the final say on this amendment at the November election, but the Warrant Committee recommended that voters reject it by a count of 9-6 during the Sept. 1 meeting. 

The majority of committee members voting against it included Jeff Young, Eben Salvatore, Julie Berberian, Caleb Cough, Bethany Reece, Chris Smith, Kathleen St. Germain, Kevin Desveaux, and Louise Lopez.  

The minority of members voting for it were Seth Libby, Robert Chaplin, Carol Chappell, Ezra Sassaman, Meagan Kelly and Allison Sasner.  

The majority opposed to the citizens’ petition cited potential lawsuits, tax increases and adverse downstream effects for businesses to back their position.  

They also worried it would override a recently passed plan created by the town’s cruise ship working group to negotiate a compromise with industry representatives. That plan makes monthly caps based on ships’ lower birth capacities and would not require additional oversight from the harbormaster and code enforcement officer.  

“The current new proposal with the town and the cruise ship industry is a good start,” said St. Germain. “The citizens’ petition just ruffles feathers.”  

But those in favor of the citizens’ petition stated the town’s plan, which allows for 65,000 passengers for both September and October – more than double the initiative’s cap – does not adequately address downtown congestion.  

“When I look at these two initiatives, I think what the town has put together is a good start, but I don’t think it goes far enough,” said Libby, who is chair of the committee.  

Others on board with the citizens’ initiative said environmental concerns about cruise ships emitting toxic fumes into the air and sea drove their conclusions.   

Lastly, town officials voiced their disagreements with the proposal. Town Planner Michele Gagnon said the initiative is “creating problems down the road” because it’s “growing the monster” that is the land use ordinance.  

Because the petition amends the land use ordinance intended for one-time uses, it would create additional work for the harbormaster and code enforcement officers, who would have to monitor the tenders daily.  

Desveaux said the town isn’t capable of that level of enforcement in its current state.  

“Do you know how many people that would take? How many job openings do we have in town right now?” asked Desveaux.  

“Seven,” said Town Manager Kevin Sutherland.  

Two-thirds to a simple majority  

Bar Harbor may be the only town in the state to require this supermajority vote.  

Currently, the town requires a two-thirds majority vote at town meetings on land use ordinance amendments that do not have Planning Board support. If voters approve the new proposal initiated by the Town Council, that two-thirds majority will turn to a simple majority. 

This measure would follow the same requirements for LUOs approved by the Planning Board that only need a simple majority to pass.   

The Warrant Committee voted 14-1, recommending the removal of the majority two-thirds requirement. This roll call vote followed zero discussion or deliberation from the committee.  

Chappell did give a brief history on the topic before the vote. She said up until 1975, all land use ordinances required a two-thirds majority vote. Afterward, if the Town Council and Planning Board agreed on an LUO amendment, only a simple majority was needed to adopt it.  

At the public hearing for the proposal on Aug. 16, Planning Board member Ruth Eveland said she supports getting rid of the supermajority requirement because it gives board members unequal leverage in the decision-making process.    

Although the Town Council and subcommittees have overwhelming consensus on the matter, many citizens who’ve spoken at council meetings oppose the amendment.  

“To take this away would be an open door for anyone to push through hasty land use amendments that are not carefully vetted and do not require the full backing of the voters,” said Erica Brooks.  

Cough was the only member to vote against the recommendation.  

Marijuana use and licensing   

For two citizens’ petitions that combined would greenlight retail marijuana stores in town, the Warrant Committee voted 9-6 in recommendation of adoption on both accounts.  

The first petition amends the land use ordinance to define recreational marijuana as a new use under retail in four districts within Bar Harbor, including downtown.  

A second initiative enacts the licensing component for up to two shops, which is crucial for an adult use store to open. If both proposals are passed, the license carrier would also need state and Planning Board approval before issuing sales. 

Voters rejected a similar article put forth by the same group in June. That amendment sought a license by referencing the land use ordinance that had not yet been defined to include recreational marijuana as a permissible retail use.   

Unlike this current iteration, the Warrant Committee had recommended rejection of the last initiative.  

The majority of committee members who voted in favor of recommendation of adoption on both counts included Berberian, Kelly, Libby, Lopez, Reece, Sasner, Sassaman, Smith and St. Germain.  

The minority of committee members who voted against recommendation of adoption on both counts included Chaplin, Chappell, Cough, Desveaux, Salvatore, and Young.  

Salvatore, who voted against the initiative, said the downtown should be “clean” and worried kids might be enticed walking by a storefront.  

Sasner, who voted in favor of the proposals, rebutted Salvatore’s statement and said more regulation would make it harder to get, and perhaps eliminate the need for those who are selling the substance illegally.  

A representative of the citizens’ petition, Philip Payne, said the industry is one of the most, if not the most, regulated retailers in the state.  

“You have to have a government issued ID showing that you’re 21 to even get in the door, there has to be security officers on site to check those IDs, and you have to have security cameras cover 100 percent of the business so there’s no dead space,” Payne said.  

During a meeting Sept. 6, the Town Council gave a separate recommendation of rejection for the licensing initiative on a vote of 5-2.  

Historic properties review 

The Warrant Committee concluded its deliberations with the unanimous recommendation for approval of the changes in Appendix A in the land use ordinance.  

This list within the LUO contains “buildings and structures possessing identified historic or architectural merit… warranting their preservation,” said Chappell.  

Historic properties and qualifying criteria are reviewed by the design review board annually, and any alterations in wording like a date or name change of these sites must be approved by town voters.   

“This is kind of a rubber stamp of their work,” Chappel said. 

Editor’s note: Philip Payne is the husband of a Mount Desert Islander employee.   

Adult Use Cannabis Enacting Laws Come From Voter Initiatives, Mostly

Adult use cannabis enactment by state

By Cynthia Fernandez | GrownIn.com
May 11, 2022

Most of the laws legalizing cannabis use in the United States’ result from voter initiatives – signature gathering campaigns, not legislative action. State legislatures tend to move slower than voter approval of initiatives, making ballot initiatives the first, but not necessarily the latest, laws legalizing medical and adult use cannabis use and sales.

When it comes to legalizing adult use, just seven states have enacted cannabis laws from state lawmakers. That’s just under 37%, including New Jersey’s 2021 adult use law, which was passed by a legislative referendum.

“Voters decided in favor of legalization via a referendum question placed by lawmakers on the ballot. Once voters passed the referendum, lawmakers were then required to establish and enact legalization, which they did months later via separate legislation,” said Paul Armentano, deputy director of NORML, the National Organization for the Reform of Marijuana Laws.

Half of the states that enacted adult use cannabis through legislation are northeastern states, where politics tend to be more progressive and statewide ballot initiatives are not allowed.

“Many northeastern states do not have the citizen’s initiative process. [The] exceptions are Massachusetts and Maine, so there is no other viable option other than legislative action. Conversely, most western states do allow citizen initiatives,” said Armentano.

In Maine, 50% of voters approved adult use cannabis in 2016 by a voter initiative. Joel Pepin, president of the Maine Cannabis Association, collected signatures to get the initiative on his state’s ballot.

“Getting these questions on the ballot in a year where there’s a presidential election typically is more beneficial for the outcome. Higher voter turnout helps the cannabis perform,” Pepin said.

But it was a long process to discern what answer won.

“The vote was extremely close. There was actually a recount done on it. It was an extremely thin margin by which it passed. It wasn’t the type of situation where we knew that day or the day after that,” Pepin said. “It actually took many, many months before it was confirmed.”

And once it did pass, it wouldn’t be years until Maine dispensaries were allowed to sell recreational cannabis products.

“There was some excitement about increased opportunities for businesses. Operationally, there were also concerns about an evolving market and more state competition coming into what was at the time like a really sort of like craft-like, small operator, niche type industry,” said Pepin. “Operators were optimistic and excited about increased business opportunities. There were many others who were concerned about sort of opening up the market to more of a commercial type atmosphere. And that was also reflected in the vote on the question itself.”

Eben Sumner, also based in Maine, runs a licensed caregiver business, a manufacturing operation, and owns a hemp company. He’s also the founder of Maine Growers Alliance, which has been asked to create the Cannabis Council of Maine, in part with other groups.

“You needed to have the community really pushed for this. Legislators are really far behind,” Sumner said. “Not too many of them are even really educated on cannabis. You even see that on a federal level… We’ve got our regulators just stuck, absolutely mired and not really knowing how to move forward, and not really listening to constituents. Thankfully, we have the democracy and ability to be able to have voter initiatives, which is super important. We would not be here as a country, and Maine as a state if that was not the case.”

For the medical industry, 52% of enacting laws come from voter initiatives.

“Public opinion on marijuana policy reform has historically been well ahead of political sentiments. The initial waves of citizen-led initiatives legalizing both medical cannabis (in the 1990s) and adult-use (over the past decade) were in response to politicians’ refusal to take legislative action on an issue supported by the majority of voters. It was only after advocates had taken matters into their own hands that lawmakers finally began to take action on their own,” Armentano said.

Pepin said, “Without these ballot referendums, I don’t think you would see any states taking action on it. But now because there’s been a handful of states that have passed a ballot measure – now, of course, the states are considering it.”

Now Law: Maine Allows Home Delivery of Marijuana Despite Federal Cannabis Prohibition

By: Mike Maharrey

AUGUSTA, Maine (May 5, 2022) – Last week, a bill that will allow retail marijuana businesses to offer home delivery and curbside pickup of cannabis products despite ongoing federal marijuana prohibition was enacted without the governor’s signature.

Rep. Joseph Perry (D) introduced House Bill 1827 (LD1827) last December. The proposed law would allow licensed marijuana retailers to deliver cannabis products to residential buildings with some restrictions. The law would allow delivery “regardless of whether the municipality has approved the operation of marijuana stores.” This would expand access to marijuana throughout the entire state. The proposed law would also allow cannabis retailers to offer curbside pickup.

The House approved the final version of LD1827by a 72-60 vote. The Senate passed the measure by a 19-14 vote. Gov. Janet Mills took no action on the measure before the signing deadline and the bill became law without her signature on April 26. The law will go into effect on July 19.

EFFECT ON FEDERAL PROHIBITION

Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains a complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate cannabis within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Maine legalized medical marijuana in 1999 and established a medical marijuana program in 2009. The state legalized recreational marijuana by voter initiative in 2016. These acts removed a huge layer of laws prohibiting the possession and use of marijuana in the state even though federal prohibition remains in effect. This is significant because FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. When states stop enforcing marijuana laws, they sweep away most of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. Michigan followed suit when voters legalized cannabis for general use in 2018. Vermont became the first state to legalize marijuana through a legislative act in 2018. Illinois followed suit in 2019. New Jersey, Montana and Arizona all legalized recreational marijuana through ballot measures in the 2020 election. Earlier this year, New York, New Mexico, Virginia and Connecticut legalized marijuana through legislative action.

With 37 states allowing cannabis for medical use, and 18 legalizing for adult recreational use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

The lesson here is pretty straightforward. As Tenth Amendment Center Executive Director Michael Boldin noted, “When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations, or mandates down our throats.

The expansion of the law to allow delivery underscores an important strategic point. Once a state legalizes marijuana – even if only in a very limited way – the law tends to eventually expand. As the state tears down some barriers, markets develop and demand expands. That creates pressure to further relax state law. These new laws represent a further erosion of unconstitutional federal marijuana prohibition.

‘Theory Chews’ Will Raise Money to Benefit Ukraine for a Limited Time

Ever since all of the chaos happening across the world involving Russian and Ukraine began, there have been numerous ways that Americans from all over the country have been working to either raise money for Ukrainian citizens or help out in some other way.

It’s been no surprise that multiple Maine businesses have stepped up to help as well.

According to News Center MAINE back in March, multiple businesses like Loyal Citizen Clothing, Hot Colors Screen Printing and Design, Sea Bags and many more stepped up to do what they can to help Ukrainian citizens.

And as of today, you can now add the three Maine locations of Theory Wellness to that list as well.

According to MATTIO Communications, a cannabis PR company based out of New York, Theory has been running a limited edition THC chew called ‘Theory Chews,’ which provides 50% of all profits raised from sales of the chews to a Boston-based nonprofit.

As mentioned, Sunflower of Peace is a Boston-based nonprofit whose mission is to aid Ukrainians affected by the invasion of the Russian military. The organization is committed to sending over medical supplies to Ukraine, including first-aid backpacks, medical instruments, and other means of survival and healing to Ukrainians in need. As pictured above, ‘Theory Chews’ come in the blue and yellow colors of the Ukraine flag.

In addition to the three Maine locations of Theory Wellness that are offering the ‘Theory Chews,’ the Massachusetts locations of Theory are also providing the THC chews and also donating 50% of profits made from sales of ‘Theory Chews’ to Sunflower of Peace.

Just another case of Northern New Englanders finding unique ways to band together and help those in need, be it near or far.

By: Jadd | Q 97.9
Published: May 3, 2022

By: Benjie Cooper | Candid Chronicle

Maine Bill Gives Thousands To Cannabis-Friendly Municipalities

Municipalities that permit cannabis businesses in Maine will receive reimbursement for qualifying expenses after the Governor signed a new bill last week.

On Friday, April 22, Maine Governor Janet Mills (D) signed LD 1195, which authorizes payments of up to $20,000 to municipalities for expenses incurred while permitting licensed adult-use cannabis businesses.

The bill’s sponsor, Representative Tiffany Roberts (D-South Berwick), is currently serving her second term in the House.

Roberts also serves as the House Chair of the Legislature’s Innovation, Development, Economic Advancement, and Business Committee.

“In the development of Maine’s adult-use marijuana industry, the state has asked municipalities to help balance the newly sanctioned use of this commodity, however, they are not yet seeing a return on their investment,” says Roberts. “This bill will allow municipal governments to recover expenses from their regulation of the adult use industry and encourage partnerships with local businesses.”

Municipalities may use reimbursement funds to cover legal fees and costs related to drafting and amending ordinances and holding elections and town meetings.

According to a Maine House Democrats press release, funding will come from the Adult Use Marijuana Public Health and Safety and Municipal Opt-In Fund.

The Fund receives money from adult-use cannabis sales and excise taxes.

The new law will take effect 90 days after the Legislature adjourns its current session.

By Mike Adams
HighTimes

Why Are So Many Americans in Legal States Still Dying From Alcohol-Related Causes?

Throughout the past decade, the phrase “Cannabis is Safer Than Alcohol” has become the official slogan for why the average stoner should damn well be able to appreciate the same freedom as those who enjoy a stiff drink. After all, pot is arguably less risky than the sauce Americans pour down their gullets during sporting events, weekends, or any other day where it becomes absolutely imperative to either celebrate the good times or drown out the bad. But no matter how tightly the bottle is woven into the puke-stained fabric of civil society, alcohol remains one of the most savage serial killers of any inebriating substance, legal or not.

The nation’s affinity for all things beer, wine, and spirits snuffs out roughly 95,000 diehard drinkers from ills such as liver failure and cancer every year. Meanwhile, the most horrendous consequence that the average cannabis fan might endure, at least as far as we can tell, is perhaps putting on a few extra pounds after stuffing their face with everything in the kitchen once the munchies kick in. But we digress. Considering what we know about both substances, the plant does appear to be a safer alternative to alcoholic beverages. A legion of advocates even claim that legalization may assist in pulling the great, slobbering drunkard out of the nation’s gutter of destitution and despair, ultimately putting them on the path of the straight and narrow.

Fast forward some years, and cannabis legalization for adults 21 and older has taken hold across more of the country. Yet, alcohol-related harms continue to increase. In Colorado, one of the first states to legalize the leaf in a manner similar to alcohol, booze continues to wreak havoc.

A recent study from the National Institute on Alcohol Abuse and Alcoholism (NIAAA) finds that alcohol-related deaths increased by nearly 30% in the Centennial State during 2020. Despite having the option of using cannabis as opposed to alcohol for the past eight years, Colorado residents are evidently still drinking themselves to death at alarming numbers. Liver disease, alcohol poisoning, unsafe behavior under the influence, mental health conditions, and alcohol-induced damage to other organs are turning up on coroner’s reports like wildfire. This uptick in booze-related death isn’t just happening in Colorado either. In other legal states, the statistics are similar. Overall, with or without pot, people are still drinking in excess and paying the price.

Nevertheless, some cannabis supporters still believe that legal weed could be a saving grace for an inebriated nation. “That’s the whole reason the alcohol companies have fought so hard all these years to stop marijuana from going legal,” Logan, a 34-year-old from Houston, Texas, tells High Times. “They know they’d lose billions of dollars.” Logan is one of the many pot purists on the cannabis scene who believes the green is an exit drug, and it’s one that he thinks will secure more fanfare than alcohol ever has. “I know several people who were on their third or fourth DUI and nearly homeless that have gotten sober because they switched to cannabis,” he declared.

Logan may be onto something.

In an attempt to get to the bottom of this controversy, High Times reached out to the scientific minds connected to the NIAAA alcohol study to see if they had any idea why alcohol-related harms are still on the rise in states where cannabis is legal. But not even Uncle Sam’s health cronies understand how cannabis legalization is affecting the sudsy minds of the great American lush.

“We simply don’t have a clear picture yet of how marijuana legalization impacts alcohol consumption and related harms,” George F. Koob, Ph.D. and Director of the National Institute on Alcohol Abuse and Alcoholism, tells High Times. The most the agency’s research has uncovered so far, Koob asserts, is mounting proof that the consumption of both cannabis and alcohol simultaneously is leading to more roadway hazards. “There is building evidence of increased harm associated with driving under the influence of both marijuana and alcohol,” he added.

It is crucial to point out that the NIAAA study did not, in any way, compare alcohol consumption rates to cannabis use. It merely reveals the savage nature of alcohol abuse in this country. Equally important, the study shows there were just as many alcohol-related deaths in states where pot is still considered an outlaw drug. Alcohol-related harms are on the rise in every state. What’s disheartening, however, is there’s no reported decrease in states with legal weed. And that’s the point of this article. Cannabis might be safer than alcohol. Being high could be a solid alternative to drunkenness. But most people who enjoy a drink now and again, which were not cannabis users to begin with, are probably not going to make the switch.

There may have been some reductions in alcohol consumption in states that have legalized (meaning that some people were likely successful at either cutting back or quitting entirely based on having access to legal weed). Those people, presumably the silent success stories, simply got lost in a significant uptick in alcohol-related harm. More research is required on this subject before the tale of the toker getting sober is properly told. With that said, however, some studies do, in fact, show that the concept of cannabis as a replacement for booze is tenable.

In 2009, researchers at the University of California in Berkeley polled hundreds of medical cannabis patients and found that most of them used cannabis as an alternative to alcohol. Other studies have uncovered similar results. “Across the sample, individuals drank approximately 29 percent fewer drinks and were 2.06 times less likely to have a binge-drinking episode on days that cannabis was used compared with days cannabis was not used. These patterns were observed in males, females, and the infrequent and frequent cannabis use groups,” reports a team of scientists at the University of Colorado at Boulder and Colorado State University.

The medical professionals we spoke to say cannabis can absolutely help those ravaged by alcohol find some peace from beyond the bottle. The caveat is that the desire to give up drinking is essential, and the results are not absolute. “For people who want to cut down or stop alcohol, cannabis can be a viable substitute,” Dr. Jordan Tishler, CEO of InhaleMD and Instructor of Medicine at Harvard Medical School, tells High Times. The problem is many people use cannabis and alcohol together. “Use of cannabis will not, on its own, lead to less alcohol use,” he said.

Dr. Tishler doesn’t provide medical cannabis recommendations for patients trying to curb their alcohol use, but he admits that many still report less alcohol consumption. “I have many patients who report using less or stopping alcohol use,” the good doctor said. “However, for most patients, this seems incidental to their care (or maybe a side benefit). I believe it really comes down to whether they are looking to cut back the alcohol and whether they are motivated to do so. Overall, I think cannabis can be helpful in the context of intentional cutting down of alcohol but is not going to cause cutting down on alcohol just because cannabis is being used.”

While weed is likely a healthier choice than alcohol, it doesn’t appear that legalization is helping to dry up an unsober nation. And that’s okay. The cannabis plant doesn’t have to cure the sick, raise the dead or perform any other miracles for the downtrodden of mankind to be deserving of legal status. More to the point, cannabis users shouldn’t be considered any less civilized and law-abiding because their drug of choice isn’t healing the ills of an alcoholic society.

If you ask Dr. Tishler, a longtime proponent of pot for medicinal purposes, the Cannabis Is Safer Than Alcohol spiel should be permanently canned for the well-being of the nation. Although the slogan builds a solid case in favor of legalization, it does nothing to benefit the health and safety of the population as cannabis consumption becomes more prevalent nationwide.

“There are good data to support the idea that head-to-head cannabis is safer than alcohol, but in reality, neither is entirely safe,” Dr. Tishler said. “Saying that cannabis is safer than alcohol sounds like a good argument for legalizing cannabis, but it really just overlooks the risks of cannabis for political gain.”