Windham Town Council to explore adjusting cannabis business fees

Windham Town Councilors are expected to revisit the topic
of lowering or adjusting some Marijuana Business License fees 
at some point in the future. PHOTO BY ED PIERCE  

By Ed Pierce

A lengthy discussion during Tuesday night’s Windham Town Council meeting may eventually lead to some revisions in the town’s Business Licensing Ordinance as it applies to local cannabis businesses.

Councilors agreed to look at revising some of the marijuana business licensing fees during an upcoming meeting and listened to comments and concerns from the public about a new fee structure scheduled to take effect in September.  

The fee structure adopted by the council in September 2021 raised licensing fees for adult use, cultivation facilities and medical marijuana caregiver stores from $3,500 annually to $10,000.

Windham Town Manager Barry Tibbetts said he thought the fee increase was warranted because town staff members and many town departments become involved in the licensing stemming from the complexity of the town’s marijuana ordinance and ensuring businesses are complying with rules and regulations set forth in the ordinance.

He outlined that the town’s marijuana business fees compare to those charged by nearby towns and cities and suggested that the council’s Ordinance Committee should review definitions and standards for the Caregiver/Cultivation category.

“Of all the licenses, Caregiver/Cultivation and having better ways to control that would be more advantageous to us,” Tibbetts said.

Councilor Nicholas Kalogerakis questioned raising the business fees for marijuana while the highest permit charged for a Windham business serving alcohol is $2,200.

“I think a lot of people up here need to realize this is a legal business,” Kalogerakis said. “I don’t know how we went to $10,000.”

Kalogerakis said he feels that the town has overregulated the marijuana industry.

“We have to change the mindset here,” he said. “LD 1195 signed into law by Gov. Janet Mills would give towns up to $20,000 to process marijuana applications and we need to explore getting some of that money.”

Council Chair Jarrod Maxfield said he feels the town is still trying to fully understand the marijuana industry and some adjustments need to be made.

“There’s been a misconception that we’re trying to make a change now,” he said. “We’re going to make mistakes. Some of those fees are in line and some should be lowered. A $10,000 license is not cheap. I personally think we need to take a look at that fee. I’d like to look at paring back fees to something a little more reasonable.”

Windham Town Clerk told councilors that no marijuana business has paid the new fee yet as they are not due until September.

Councilor Mark Morrison said he believes some revisions to the fee structure should be explored.

“This is new and there’s not a lot of clear definitions,” Morrison said. “We have to be fair. There’s a lot for us to learn and I think this needs to be revisited.”

The council allowed five members of the public to speak about the issue even though they were not holding a public hearing about it right there and then.

Lauren Beatrice, a medical caregiver who operates Seed Sound Herbal Apothecary, questioned why the fees were raised and how the 40 percent education fee imposed by the town’s marijuana ordinance is being spent.

Maggie Terry of Windham said that the council should consider having the C-1 Zone for medical marijuana cultivation converted to adult use cultivation.

Terry also said the council should revisit creating a public committee to make recommendations about fees similar to the one that led to the adopting of the town’s marijuana ordinance.

Dave Whitten of Sticky Bud Farms said he supports having the council adjust the fee structure.

“I don’t think adult use and medical marijuana should be charged the same fee,” Whitten said.

Before ending the discussion, the council agreed to take up the topic of marijuana business licensing fees at a future meeting. <