March 10, 2023

Petition seeks referendum to upgrade Windham medical marijuana licenses

By Ed Pierce

Sticky Bud Farms owner Dave Whitten has launched a petition drive to put a referendum on the ballot before Windham voters to determine if the town should allow current medical marijuana businesses to upgrade to adult retail marijuana establishments.

Sticky Bud Farms owner Dave Whitten has launched a 
petition drive for Windham voters asking them to support
upgrading medical marijuana businesses to adult retail
if they choose to through a referendum this fall.
FILE PHOTO  
Whitten said that since the town first awarded two adult retail marijuana licenses under its marijuana ordinance in September 2020, it has given those businesses an unfair business advantage. A revised town ordinance addressing the sale of Recreational Adult-Use and Medical Marijuana Storefront facilities, along with business and personal marijuana outdoor cultivation was approved and adopted by Windham town councilors in late May 2020.

Seven different businesses already operating in Windham under medical marijuana licenses submitted applications for an adult retail marijuana license with the town and those applications were scored by town councilors based upon submitted operational plans, security measures, safety, experience, product handling, any violations on record and other specific criteria.

Town councilors initially awarded conditional adult retail licenses in September 2020 to Windham RSL and Paul’s Boutique but pulled Windham RSL’s adult retail license because of information that the town manager’s office had received about its lease. The second adult retail license was then awarded to Jar Cannabis Co.

Both Windham adult retail licenses, Jar Co. and Paul’s Boutique, opened in 2021 and Whitten has continued to operate Sticky Bud Farms in North Windham under a medical marijuana license. Since then, Whitten has expanded the business to include a cannabis dispensary, a glass products store, a grow facility, and has created a cannabis bakery with the intent of upgrading his business to an adult retail establishment.

However, the town council has remained steadfast in its commitment to limiting adult retail business licenses to two.

“It not right to have someone visit our dispensary and I then have to send them up the road to a competitor,” Whitten said. “We’ve met with town officials continually and told them that for our business to stay relevant, we have to have equal competition.”

According to Whitten, there have not been any crimes or incidents at his business since it opened, and he uses his business to give back to the community.

“There have been no complaints whatsoever about my business. We give away discounts to our customers for loyalty, we give free meds to cancer patients and in the last year, we’ve given more than $5,000 to charitable organizations. We’re part of the solution. We’re not just taking from the community.”

He said Sticky Bud Farms has won numerous awards as the Best Cannabis Dispensary in Maine in 2021 and won again for 2022 and 2023.

“We’re true professionals and help people from all walks of life,” Whitten said.

License renewal fees paid to the town are set at $2,500 for both adult retail and medical marijuana stores and $10,000 for new licenses. All cannabis businesses in town also pay a fee up to $1,000 as a contribution to a town education fund dedicated to public safety and drug education.

Whitten says his business is part of the town’s overall economy and he’s asking for fair treatment.

“Some of the people who visit Sticky Bud Farms travel here from surrounding communities,” he said. “These people are also going to Hannaford’s, Walmart, Burger King and buying gasoline in town. But they are coming to Windham to come to our business.”

He said he believes current medical marijuana businesses should be able to decide if they want to upgrade to an adult retail business.

If he collects 1,500 signatures on the petition, a referendum would be voted upon in Windham to allow medical marijuana shops to obtain adult retail licenses.

“Since 2020, I have wanted to negotiate this issue with dignity and civility,” Whitten said. “Everybody I have talked to doesn’t understand why the cap on just two adult retail licenses in Windham. My goal with this petition is not to intimidate anyone but I’ve had enough of it being unfair.”

Should Whitten collect enough Windham voter signatures for the petition this spring and they are verified by the Windham Town Clerk’s office, the referendum would be placed on the November ballot.

Petitions are now available to be signed at Sticky Bud Farms in North Windham and potentially at other locations in town soon. <

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