July 15, 2022

Windham schedules public hearing about marijuana license fee revisions

By Ed Pierce

Members of the Windham Town Council have scheduled a public hearing for next month to discuss significant revisions to its current marijuana fee licensing schedule.

During a council meeting Tuesday night, councilors reviewed proposed revisions to the existing fee schedule suggested by Windham Town Manager Barry Tibbetts. The topic of revising the fees was a result of objections to fee increases for marijuana license renewals adopted by the council last fall.

Windham's Town Council has scheduled a public hearing for
Aug. 16 to discuss significant revisions to the town's
marijuana licensing fees. PHOTO BY ED PIERCE 
The existing fee structure was adopted by the council in September 2021 and raised licensing fees for adult use, cultivation facilities and medical marijuana caregiver stores from $3,500 annually to $10,000.

At a council meeting in May, 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.

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.

In July 2021, members of the Windham Town Council committed to using licensing fees imposed by the town for retail and medical marijuana facilities for drug education and drug prevention programs. Councilors then approved a plan in August 2021 to award grants to applicants and create a scholarship for a deserving Windham student seeking to earn a degree in drug counseling or addiction treatment.

Tibbetts presented an overview chart of proposed marijuana license fee revisions to councilors, and they scheduled a public hearing for Aug. 16 prior to a final vote about the new revisions following the hearing.

At the Aug. 16 meeting, councilors will also discuss the possibility of Windham adding more adult retail marijuana licenses. The town’s existing marijuana ordinance only allows for two adult retain licenses and several medical marijuana shop owners in Windham say that limitation creates is an uneven playing field and they would like an opportunity to obtain an adult retail license too.

Councilors asked Tibbetts to include an agenda item for the Aug. 16 meeting regarding Windham adding more adult retail marijuana licenses.

For an adult use marijuana store, the current fee for a renewal is $10,000, but Tibbetts is proposing to reduce that fee to $2,500, with new licenses set at $10,000. Prior to last fall, the original fee for an adult use marijuana store was $2,500.

The proposed fees for a Tier 1 marijuana cultivation facility up to 500-square-feet would remain at $1,000, while a Tier 2 marijuana cultivation facility up to 2,000-square-feet would see fees drop to $1,500 for renewals from its current rate of $5,000. New licenses for a Tier 2 cultivation facility would be $5,000.

For Tier 3 cultivation facilities more than 2,000-square-feet, the renewal fee would decrease from $7,500 to $2,000 with new licenses for Tier 3 set at $10,000. Tier 4 cultivation facilities would drop to $2,500 from $10,000 with new Tier 4 licenses established at $10,000.

At a prior council meeting there was a lengthy discussion about fees for marijuana caregivers, but Tibbets’ proposal for on-site cultivation for medical marijuana caregivers would be $300 from its current rate of $500. New on-site cultivation for medical marijuana caregiver licenses would be set at $500.

Council members Mark Morrison and Nick Kalogerakis said they supported Tibbetts’ proposal to cap the town’s marijuana education fee required for all license renewals at $1,000 maximum, with all new licenses capped at $2,000.

There is currently $20,930 in the town’s marijuana education fund.

According to Tibbetts, preliminary discussions with the town attorney indicate that the council does have the ability to impose educational fees for licensees in Windham who sell alcohol and e-cigarettes. He said an ordinance change would be required to be able to do that, but it is possible. <

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