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Law360 (April 10, 2020, 8:18 PM EDT) -- Maine's plan to begin selling recreational marijuana in June "is simply unrealistic" in the midst of the coronavirus pandemic, cannabis regulators said Friday, saying the fight against the virus must come first.
The Maine Office of Marijuana Policy said in a letter to stakeholders that it is unable to provide a concrete timeline "in these uncertain times." Notably, several communities preparing to participate in the so-called adult use marijuana program — including those that planned to host prospective marijuana testing facilities — have now had to postpone their work because of COVID-19, the office said.
"The other issue in this unfortunate situation are the sheer unknowns," the OMP said. "Public health experts have clearly communicated that they cannot answer what social distancing or other guidance may be in effect as we approach late spring and early summer."
But the office added that it was continuing to operate "at full capacity to be ready for when the day comes." Regulators will continue to accept applications and issue conditional licenses, establish a compliance program and develop rules and regulations, according the letter.
In late March, the OMP warned that the pandemic could stall the rollout of its recreational marijuana program, saying social distancing must remain a top priority.
Maine, along with more a handful of other states, has deemed medical marijuana dispensaries essential businesses. Those dispensaries are permitted to remain open despite Gov. Janet Mills' guidance urging public-facing businesses to shutter.
But the regulators said Friday that the public expects the state's implementation of a 2016 ballot measure legalizing recreational cannabis to be done "in a manner that is best in the nation at protecting the public's health and safety."
"OMP will not sacrifice those standards," the marijuana policy office said. And that means regulators don't know when they'll be able to proceed with the program's launch.
"We cannot tell you with any level of certainty when towns will be able to take action to ensure there will be adequate testing to meet the needs of program, and we certainly cannot set a definitive retail sales launch date amidst a public health pandemic," the office said.
In the letter, OMP Director Erik Gundersen said that if you had asked him a month ago if anything could have stopped the office's progress, "I would have balked at the suggestion."
But few could have predicted the effects the coronavirus would have on the daily lives of Mainers, he said.
"We will continue to do everything within our power to ensure a timely launch of this new industry," Gundersen said.
It's yet another roadblock for what has been one of the slowest rollouts of legal cannabis in the country. After Maine voters legalized recreational cannabis in 2016, Republican former Gov. Paul LePage twice vetoed legislation setting up a legal cannabis regime. Mills, a Democrat, has vowed to follow through on the will of voters.
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.
--Additional reporting by Jack Queen. Editing by Alanna Weissman.
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