Marijuana growers would be treated differently than other manufacturers in the Industrial Park if Boothbay approves a zoning ordinance this fall. Residents will vote on two local referendums pertaining to legalized retail marijuana. The selectmen hosted a joint public hearing Aug. 23 with the planning board prior to the select board meeting.

One referendum would establish nine drug-free zones around the community. In 2009, selectmen designated the Harold B. Clifford Playground, Knickerbocker Lake Access Area, Knickercane Island, Knickercane Boat Launch and Parking Areas, Boothbay Common, Three Trees on Ocean Point, Murray Hill Boat Launch, Shipbuilders Park, and Grimes Cove as drug-free zones. But the designations didn’t become official because residents never approved them.

The second referendum would establish a municipal ordinance regulating growing and selling retail marijuana. The proposed referendum would limit retail marijuana operations to the C-2 and Industrial Park districts. The question’s language would also treat marijuana-growing differently than other manufacturing operations. Under the current ordinance, manufacturing in the Industrial Zone doesn’t require planning board approval.

Based on the proposed referendum’s language, retail marijuana-growing would require planning board approval. During the public hearing , Darrell Gudroe, a consultant with a local medical marijuana business and partner in a planned retail marijuana venture in Boothbay, questioned why retail marijuana was being treated differently.

During previous planning board discussions, members decided to follow state guidelines in characterizing growing retail marijuana as a manufactured product, not an agricultural one. Gudroe and his business partner Jan Martin have attended nearly all the planning board meetings and workshops discussing the proposed ordinance. Gudroe also questioned why retail marijuana’s land use definition changed from what the planning board previously discussed.

Gudroe asked,“Did I miss something? I’m not sure why this was included in the referendum and I’m wondering how it will impact what we want to do at the Industrial Park.” Gudroe and Martin are planning to grow marijuana at The Pharmers Market and at a proposed $3 million to $5 million building in the Industrial Park.

Manufacturing or growing marijuana in the C-2 District, where The Farmers Market is located, requires planning board and select board approval. The proposed referendum’s land use definition would require operations in the Industrial Park manufacturing marijuana to also seek both planning and select board approval.

Town officials explained the provision was placed into the land use definitions by town attorney Sally Daggett. She reviewed the proposed referendum prior to Aug. 9 when selectmen approved the language. Retail marijuana becomes legal statewide in 2018. Town officials advised the men that the referendum is only the first step in regulating retail marijuana. Town officials advised them that retail marijuana along with all municipal ordinances were in the process of being revised and would be voted on during the May 2018 town meeting.

“I don’t think we’d have any problems getting both planning board and selectmen’s approval next year. But it adds another unexpected hurdle, and we’re in the process of attracting investors for our business,” Gudroe said.

In other action, selectmen voted 4-0 to approve a special amusement permit for Boothbay Craft Brewery. Win and Lori Mitchell requested the permit to host amplified vocal or instrumental music at their business from 1-5 p.m. Friday, Sept. 8. The Mitchells will donate proceeds from the event to the Boothbay Fire Department.

The selectmen will meet next at 7 p.m. Wednesday, Sept. 13 in the municipal building’s conference room.