NORWAY — Town officials say questions remain about how and even if the Planning Board has any jurisdiction over marijuana caregiver businesses in town.

Code Enforcement Officer Joelle Corey-Whitman said this week that she is hoping to have answers to those questions soon.

“I’m working through the confidentiality parts of the law with the town attorney, Legislature’s attorney and Maine Municipal Association legal services. I hope to hear some more definitive answers by February so I can modify the Site Plan Review Ordinance if necessary,” she said this week.

The issue arose in October when a wellness check by police at an undisclosed address revealed a marijuana growing operation for medical purposes. Because the check also revealed some code violation issues on the rental property, Corey-Whitman was called.

“Caregivers must register with the Department of Health and Human Services but not with law enforcement,” police Chief Robert Federico said Wednesday. “We can confirm whether a person is a caregiver through DHHS but that’s about it. We do not receive any notice from DHHS about a new registered caregiver or any list of currently registered caregivers.”

One of the biggest issues at hand for the Planning Board is that licensed caregivers have, by law, the right to remain anonymous, Federico said.

Planning Board Chairman Dennis Gray said the board has been left wondering whether it has the right to call the grower to a meeting as a home business and whether the discussion has to take place in executive session to protect the grower’s identify.

“The question is how does state law treat these (caregivers.) If they are considered a business we would ask them to come in to talk to us. We would treat it like every other home business,” Gray said.

Corey-Whitman said initially the Maine Municipal Association attorney she spoke to interpreted the state law to say it can be treated as a business, but the town’s attorney did not agree.

At that time she said, the MMA attorney interpreted the state law to mean it is a business and as such is under Norway’s Site Plan Ordinance.

The MMA attorney suggested that the town add language to the Site Plan Ordinance to cover medical marijuana caregivers.

While Corey-Whitman said she has been able to access ordinances from other towns and cities such as Paris and Lewiston, she still doesn’t have the answers she needs.

The administration of the 2011, eight-page marijuana dispensary ordinance in Paris is under the jurisdiction of the Planning Board and code enforcement officer. It limits medical marijuana dispensaries to one in town.

Town Manager Amy Bernard said the town has not had to deal with the issue yet.

In 2010, Lewiston city councilors voted unanimously, over the objections of the Maine Civil Liberties Union, to approve a pair of ordinances aimed at regulating medical marijuana growing and distribution operations.

Lewiston’s rule, in part, required those providing medical marijuana for two to five patients to get city licenses and to meet certain fire, building and other rules.

If the ordinance is changed in Norway, officials said a public hearing will be held.

[email protected]