Caribou planning board asks city attorney to update cannabis ordinance, affirms existing opt-out

CARIBOU, Maine ' The Caribou Planning Board voted unanimously on July 10 to direct the city attorney to update the municipal cannabis ordinance language to reflect current state statute and to retain the town's existing philosophy that effectively keeps broad retail cannabis sales out of most of the city.

The motion, approved by roll call, instructs the attorney to revise Chapter 13 (sections 39 and 41) and the licensing chapter to change outdated terminology (for example, replacing "marijuana" with "cannabis") and to preserve the planning board's position that the city is not opening widespread retail sales. The board recorded a 4-0 vote in favor.

Board members said the update is needed because state definitions and the Office of Cannabis Policy have created new categories ' including "caregiver retail store" ' that do not fit neatly into the current local zoning and land-use code. Board members raised legal concerns about spot zoning, setback rules, and how a retail classification would interact with existing zone maps.

Planning board members also discussed the practical difference between caregivers and dispensaries under state rules and the potential licensing and testing requirements that would follow if the city chooses to allow different types of retail. The board noted the municipality has limited control over some aspects of caregiver licensing but can regulate land use and zoning.

The motion directs staff and the municipal attorney to produce ordinance language that mirrors state terminology while maintaining the planning board's existing policy stance (an effective opt-out from broad retail sales), and to bring the revised text back for board review and further recommendation to the council.

Action and next steps: the board asked staff to coordinate with the city attorney to draft the amendments. The board also instructed that the revised ordinance maintain Caribou's current approach with respect to where retail cannabis activity would be permitted, and to prepare the draft for subsequent public review and council consideration.

Ending note: Board members said they want clear, simple ordinance language to avoid creating loopholes or unintended zoning results, and they emphasized the need for careful legal review before any change is finalized.