Aug 28, 2025
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SOUTHWEST HARBOR—In a marathon meeting that started an hour early and then lasted three hours and 11 minutes, the Southwest Harbor Select Board put multiple items on the town warrant, which will go before voters in November.
Some items created a bit more discussion than others during the public hearing portion of the August 26 meeting.
All ordinances were moved forward to the voters to decide at the November election. Member Natasha Johnson recused herself from the decisions concerning the hemp product ban and retail tobacco store moratorium because she co-owns Meristem, a retail marijuana store in the town.
INTOXICATING HEMP PRODUCTS BAN
The Ordinance Banning the Sale of Potentially Intoxicating Hemp Products would prohibit the sale of those products in the town except for both medical as well as adult use cannabis retail establishments. The select board went over the difference in the two drafts and the language for potentially exempting medical marijuana retailers (draft two).
Police Chief John Hall said he preferred draft #2 because it had an enforcement component. It was moved forward.
Currently, people can go to a convenience store, bar, or restaurant in Hancock County and buy a drink that contains hemp-derived Tetrahydrocannabinol (THC).
The intoxicating products aren’t currently regulated, which is worrying some town officials in the region, particularly in Southwest Harbor and Mount Desert.
The sale of intoxicating hemp-derived drinks and gummies and other products could potentially be paused under a moratorium in multiple MDI towns with Mount Desert and Southwest Harbor leading the way.
Mount Desert Town Manager Durlin Lunt had said at another meeting in early August that the state legislature can only approach regulation of the products once it reconvenes in January 2026.
Working with the Mount Desert Chamber of Commerce, the Mount Desert Selectboard recently approved a letter to send to restaurants and retailers asking the businesses to voluntarily stop selling products containing hemp-derived THC.
The Chamber will distribute the letter, which asks retailers and restaurants to cooperate voluntarily about the distribution of products containing hemp-derived tetrahydrocannabionol (THC).
“The Mount Desert Selectboard believes that the well-being of our residents and visitors is paramount. We are asking you to join us in a proactive effort to protect our community by voluntarily refraining from selling any products that contain intoxicating hemp-derived THC,” the letter reads. “We believe this is a crucial step to prevent unintended intoxication, especially among young people, and to ensure that all products sold in our town meet the highest standards of safety and responsibility.”
Maine LD 1920, an act prohibiting the sales of potentially intoxicating hemp products to persons under the age of 21, was passed by the state legislature this session. However, there are no state regulations about the sale of the intoxicating products to those over 21.
For Mount Desert to have a moratorium on the sale of the products, it requires a town vote. Town meeting is not until May 2026. The general election is in November.
The Mount Desert selectboard seemed to have consensus for a special town meeting as soon as possible. For that to happen, there has to first be a draft ordinance, which the League of Towns is working on. The League is a group of government administrators from Mount Desert Island region towns and Ellsworth who typically meet monthly to discuss regional issues.
RETROACTIVE MORATORIUM ON TOBACCO SPECIALTY STORES
The retroactive moratorium on tobacco specialty stores would ban those stores within the town. The select board moved it forward to the voters in November unanimously.
Planning board member Michael Levesque asked if the town anticipated any legal challenges. Chair Noah Burby said that they did not.
A public health professional in the audience said that she was highly in favor of it. If passed by the voters, the select board can pass it again for six months or enact an ordinance if the town wanted to continue that ban.
Coastal Waters and Harbor Ordinance
Amendments to the Coastal Waters and Harbor Ordinance mostly concerned a person bearing the cost if the harbormaster removes a navigational hazard, but does not expressly say that the person doing the harm would bear the costs; that the harbor committee chair and harbormaster would both create a harbor committee agenda; that the harbormaster is the staff that makes budget recommendations and maintenance recommendations; and that the harbormaster would investigate and recommend gran (sic grant) funding, as well as recommendations for appointments to the harbor committee.
It also defines resident as someone who “occupies a dwelling for more than 183 consecutive days” each year and that it’s the resident’s burden of proof to show that they are a resident. It also defines resident business, non-resident business, and service mooring, and rental mooing (sic, mooring).
Many of the typos in the ordinance have been inherited via previous approvals. The town hopes to clean all of those up at a future date.
Wireless Telecommunications Facilities Ordinance
The Wireless Telecommunications Facilities Ordinance is a new 19-page ordinance that can be viewed in the town’s select board packet for the meeting. It sets standards for the construction of wireless communication facilities.
Levesque said the planning board had intended for the town to not have any cell phone, towers, radios and transmissions on the light pole.
“I’m surprised to see that it turned on a dime. It’s completely different than the original idea,” Levesque said.
Johnson said it was put back in so that the town could continue to do research about opportunities that could potentially take advantage of town-owned infrastructure.
Correction/Update: A draft glitch occurred when we originally posted this story. We’ve corrected it now. The intoxicating hemp derived products ordinance in SWH would allow the sale of those products in both medical as well as adult use cannabis retail establishments. We apologize for the error!
LINKS TO LEARN MORE
Select board agenda for August 26 meeting
Sb Agenda 8
798KB ∙ PDF file
Manager’s memo for August 26 meeting
Manager Memo 8
68.3KB ∙ PDF file
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