The Boothbay region’s first medical marijuana caregiver business is likely to open within 30 days. The planning board unanimously approved a change of use application March 30 presented by Jan Martin of Boothbay and Darrell Gudroe of Boothbay Harbor. Martin’s and Gudroe’s application called for upgrading the security and lighting of the building at 638 Wiscasset Road.

The two will operate Pharmers Markets Caregivers. The business is one of several planned uses for the building. The plaza will also host a garden supply section, accessory store, telemedicine room, and rental marijuana growing space. The initial plan calls for G&J Redemption Center to continue subletting space within the plaza.

But during the next four to five weeks, Martin and Gudroe will be preparing the building for Phase One of their business plan. Martin is a state-licensed medical marijuana caregiver. Gudroe is not. He is a caregiver’s consultant. Gudroe will be the one employee allowed by state law to work as Martin’s employee at Pharmers Markets Caregivers.

The other businesses won’t be under the same employment constraints. This is the first phase of the two men’s business plan and they expect to hire 15 employees in the other businesses.

More marijuana-related businesses are planned for 2018. Phase Two includes growing and selling recreational marijuana. In November, Maine voters narrowly approved recreational marijuana use for adults over age 21. People now may possess 2.5 ounces and grow their own marijuana. The two men can legally rent space in their Boothbay location and advise individuals about growing their own marijuana.

In January, the Legislature imposed a moratorium on selling and growing retail marijuana.  The Legislature is currently establishing rules and regulations regarding marijuana legalization in preparation for retail sales and growing beginning in February 2018.

While marijuana is legal in Maine, possession still violates federal law. Planning Board member Bruce Bowler asked the men about operating a business which violates federal law.

“I’m not pretending I’m not operating a risky business and may get shut down. That’s the risk I’m taking, and there is no risk on on your (the town’s) part,” Gudroe said.

Gudroe believes it’s unlikely government officials will enforce national laws in states which legalized medical and recreational marijuana. He said the Department of Justice gives latitude to states with legalized marijuana. The Cole memo, a directive from former Deputy U.S. Attorney General James M. Cole, gives wide discretion on prosecuting legal state marijuana enterprises. It states, “it is probably not efficient use of federal resources to focus enforcement in states with legal businesses.”

If Martin and Gudroe sell retail recreational marijuana next year, they would need a state license. They would like to sell it in Boothbay, but currently the town doesn’t have any ordinances regulating marijuana sales. The town is working on an ordinance.

The board discussed Phase Two of Gudroe’s and Martin’s project after approving Phase One. The two men expect Phase Two would employ as many as 40.

The board is working toward completing a proposed ordinance in time for voter approval during the November election. If the town’s ordinance isn’t conducive to selling retail recreational marijuana, the men will consider opening Phase Two elsewhere.

“Newcastle is already accepting applications and has 42 acres ready for growing marijuana. It’s first come, first serve so I should probably apply for a license there, but I want to operate the business here in Boothbay. So we are looking for conditional approval from the board regarding Phase Two,” Gudroe said.

Both the medical marijuana and proposed retail businesses have support from two selectmen. Chuck Cunningham and Steve Lewis attended the meeting and voiced support for both enterprises. They didn’t foresee a problem with the planning board devising a workable ordinance or residents approving one in November.

“I’ve talked to Darrell about his plan and it’s rock solid,” Cunningham said. ‘The way I look at it, marijuana is like alcohol. It was once prohibited and now it’s legal. I don’t have any problem with what he’s looking to do.”

The planning board will hold a workshop at 6:30 p.m. on Thursday, April 6, to discuss incorporating the new comprehensive plan into the town ordinances. The board also may hold a joint workshop in May with the selectmen discussing possible ordinances on marijuana sales.

The next planning board meeting is at 6:30 p.m., Wednesday, May 17, in the municipal building.