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Law360 (March 25, 2020, 2:12 PM EDT) -- The planned rollout of Maine's recreational marijuana program in June could be delayed by coronavirus fears and the state's efforts to stem the pandemic's spread, cannabis regulators have warned, saying social distancing must remain a top priority.
The Maine Office of Marijuana Policy said in a memo Tuesday that it would be "abdicating its responsibility" to ensure the health and safety of the public if it were to launch a program that would undermine the state's efforts to limit person-to-person contact, though the agency for now stopped short of changing its timeline.
"OMP is proceeding at full speed to fulfill the will of Maine voters and establish an adult use program," the agency said in the memo addressed to cannabis operators. "If and when it becomes apparent that a spring launch of this industry no longer appears viable, we will communicate that fact to you as quickly as possible."
Maine, along with more than a half-dozen other states, has deemed medical marijuana dispensaries essential businesses. They are therefore not subject to Gov. Janet Mills' guidance urging public-facing businesses to shutter for two weeks, the agency noted.
But the state's implementation of a 2016 ballot measure legalizing recreational cannabis could be again pushed back as part of the fight against the coronavirus. The OMP said it would continue to process applications and expects to issue additional licenses Friday, but Tuesday's memo put operators on notice that they may have to postpone plans to open to the public.
The agency said the state Legislature's early adjournment last week in response to COVID-19 fears also left up in the air several bills designed to smooth the transition to recreational sales, which could further complicate the industry's debut.
"While all eyes remain fixed on a spring launch of adult use, there are several factors that may force us to reconsider the appropriateness of those plans," the agency said.
Maine's recreational cannabis program was effectively put on ice by former governor Paul LePage, a Republican who was openly hostile to legalization. Mills, a Democrat, has committed to following through on the will of voters, but the program has still proceeded in fits and starts.
The OMP began accepting marijuana cultivation, processing and retail sale license applications in December and initially expected the first recreational dispensaries to open around March. Last month, however, the state's revenue forecasters pushed the expected debut to June.
Tuesday's memo suggested this timeline could be revised again. In the meantime, however, the OMP urged applicants to limit their in-person interactions with the agency as much as possible, encouraging them to send documents and payments by mail.
The agency also issued general public health and sanitation guidance to medical marijuana dispensaries, encouraging them to practice social distancing at dispensaries and frequently disinfect touched objects and surfaces.
Medical marijuana dispensaries are already beginning to face staffing shortages due to self-quarantining by potentially exposed workers and care-taking for their family members, according to the memo. The OMP said it would work to ease the crunch by expediting dispensary employee applications.
--Editing by Abbie Sarfo.
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