A first: Blunts, lids and edibles on demand in Old Orchard Beach

Beach Boys Cannabis recreational marijuana store opened recently in Old Orchard Beach. PHOTO BY BOB HAMBLEN

Bob Hamblen, Contributing Writer•

Sat, Oct 18, 2025

Since early September, Old Orchard Beach residents and visitors alike have been able to legally trip the light fantastic in a way that those who came of age in the ‘60s and ‘70s could only dream of: the town’s first retail cannabis shop opened its doors at 11 Ocean Park Road.

Those who have followed the multi-year process can be forgiven if they think they’re seeing things: while Planning Board and Town Council approvals were issued to applicant Theory Wellness Maine, LLC (TWM) on October 24, 2024 and August 5, 2025, respectively, the sign at the newly opened storefront reads, “Beach Boys Cannabis,” one of three applicants that competed for the town’s sole retail cannabis permit.

What gives? In a process that can only be described as acrimonious, applicants Old Orchard Beach Provisions, LLC, Exit 710, LLC and Theory Wellness Maine, LLC have slugged it out since 2022, each vying for that single permit, a limitation imposed by the town in November, 2021 when it joined the list of about 80 communities in Maine that have opted to have allow recreational use marijuana sales within their borders.

The Process to Date: A Struggle

As reported by sacobaynews.com, Exit 710 LLC and Thomas Mourmouras, a resident and principal of Exit 710 LLC, filed a lawsuit against the town in York County Superior Court on February 14, 2023, saying that town officials were taking measures to block their application for a retail cannabis storefront.

Mourmouros’s efforts were not limited to the courts. In October 2022 he submitted a citizen petition to the town bearing more than 600 signatures that sought to limit adult use cannabis operations to no more than a half-acre parcel and no more than a 1,000 square foot structure. These limits had initially been proposed by the town’s planning department.

The council chose not to act on the petition, and instead scheduled a public referendum as outlined by the town charter. The June 13, 2023 referendum resulted in an 805-354 vote to limit the size and scope of adult use cannabis operations as noted.

Earlier, the town had been poised to issue a license for that one adult use operation, but was forced to delay action until after the referendum based on an injunction issued by York County Superior Court Justice Richard Mulhern in late March, 2023.

Others involved in the application process were less than pleased.

“In my opinion, this is an abuse of the citizen referendum process,” said Hannah King, an attorney representing applicant Old Orchard Beach Provisions, LLC.

Town council member and former town manager Larry Mead likewise expressed disappointment in how the permitting process played out.

“If you read (the petition) it clearly favors just one applicant,” he said. “The interesting thing is what it doesn’t say is that the only appropriate location is a place already secured by Mr. Mourmouras. It’s clearly misleading.”

Pertinent Documentation Submitted to the Town

•A “License of Retail Space” naming Exit 420, LLC as Licensor granting the right to use interior space and parking at 11 Ocean Park Road to TWM, the Licensee. A subtenant is also named: Exit 710, LLC, one of three applicants that vied for the adult use permit.

•A conditional license granted by the Maine Adult Use Cannabis Program to TWM on May 6, 2025, which contains no mention of Beach Boys or Exit 420 or Exit 710.

•An undated, one page communication from the owner of 11 Ocean Park Road, Traci Daigle, acknowledging a “Master Lease” for the property with Exit 420, LLC. Daigle goes on to note that, “On June 6, 2025, Exit 420, LLC notified me that they had licensed the use of the property to Theory Wellness of Maine 4, LLC,” and that Exit 420, LLC has “given a license” to TWM to use and occupy the building.

•A July 14, 2025 letter from Brandon Pollock of TWM attesting that “nothing material has changed” from the conditional use application submitted to the planning board prior to the Oct. 24, 2024 approval. Pollock states that town staff requested clarification of “… a recent real estate related document “License of Retail Space” between the Applicant and Exit 420 LLC.”

•A business license application naming Brandon Pollock, and TWM as the business name, for the location at 11 Ocean Park Road, seeking an “Adult Use Marijuana Store License” carrying an annual fee of $7,500. The Adult Use Marijuana Business License Application, an administrative fee, brought the total locally administered permit cost to TWM to $8,000 for its initial year of operation.

• A Maine Adult Use Local Authorization Form issued by the Maine Office of Cannabis Policy identifying TWM of Stoneham, Massachusetts as the “Business legal name,” including the date the form was approved by the municipality as August 5, 2025. Among other issues, the form notes that TWM “has provided a lease agreement to the Town that establishes possession” of the premises at 11 Ocean Park Road. The form is signed and dated August 6, 2025 by town manager Diana Asanza, and notarized by town clerk Kim McLaughlin on the same date.

•Appended to the Local Authorization Form is a copy of a portion of the town’s ordinance, specifically Article XII – Adult Use Marijuana Business Licensing. Page 5 – Section 18-609(1)e states that, “If the applicant intends to operate the adult use marijuana business under a name other than that of the applicant, they must state the adult use marijuana business name and submit the required registration documents.” No name other than TWM is noted on the Form or in other application materials submitted to the town.

• “Merit Criteria” addressed by the town’s application form awards points for operating a “compliant adult use marijuana store in Maine for 1 or more years,” and for operating a “compliant adult use marijuana or medical marijuana store, caregiver retail store of its equivalent in another State for 2 or more years.” The TWM application was awarded two points for each of these criteria based on its record both in and outside of Maine. Exit 710/Beach Boys Cannabis would have qualified for zero points on these two items.

•Based on the foregoing, code enforcement official Rick Haskell, designated as License Official by the town, signed the Local Authorization Form required by the state Office of Cannabis Policy specifying Pollock and TWM on August 5, 2025.

• An August 26, 2025 letter from Elisa Ellis, director of licensing for the Office of Cannabis Policy offered congratulations to Pollock of TWM for the attached adult use cannabis store license. The document goes on to note that changes such as “change of ownership, change of principals or changes to Plans of Record” require prior approval by the OCP.

•A certificate issued by the OCP, signed by Ellis, dated August 26, 2025 includes the first reference to Beach Boys Cannabis, stating that Theory Wellness of Maine 4 LLC DBA Beach Boys Cannabis has been awarded license number AMS1744.

A Shell Game?

Two weeks ago, Town Planner Jeffrey Hinderliter provided sacobaynews.com with several of the above referenced documents that provide background as to various aspects of the process. In an e-mail response to further questions, Code Enforcement Officer Rick Haskell stated that, “It looks like (Hinderliter) has sent you the state license stating Theory would be doing business as Beach Boys Cannabis. Brandon Pollock of Theory said it is common to have local employees run the onsite operations.” (In fact, Hinderliter had forwarded the license, which clearly states, “This certifies that Theory Wellness of Maine 4 LLC DBA: Beach Boys Cannabis” is licensed as an adult use cannabis store.

Asked whether the town was satisfied that, with local approvals from the planning board and town council granted to Wellness Theory Maine, LLC, OOB’s first and only adult use operation is displaying signage that reads Beach Boys Cannabis, a competitor that has received no local approvals other than the all-important ones – a business license and occupancy permit – Haskell was circumspect.

“The Town attorney has been involved every step of the way,” he stated in a Sept. 30 e-mail. “The bar is very low for establishing right, title, and interest. The DBA was established after the Local Authorization Form was sent to the State, this was also reviewed by Town legal.

“The only document submitted to the Town that ties Theory and Beach Boys is the license agreement attached.”

Alexis Soucy, Director of Media and Stakeholder Relations for the state Office of Cannabis Policy, had this to say:

“Theory Wellness of Maine 4, LLC was the applicant for the adult use cannabis store at 11 Ocean Park Road in Old Orchard Beach,” she stated in a recent e-mail response. “On August 26, 2025, OCP issued Theory Wellness of Maine 4, LLC the license for that store (AMS1744)… The store is being operated through a management agreement, allowing the use of the dba Beach Boys Cannabis.”

Requests for further information – specifically, a copy of the management agreement -- to Elisa Ellis, Director of Licensing at the OCP have resulted in no response. An e-mailed message seeking input from a planning board member, David Walker, had yet to be responded to prior to deadline.

Asked for a copy of the management agreement, Soucy of the OCP responded that it could only be made available through a Freedom of Access Act request, which was submitted on October 10. As of October 18, no reply had been received.

Bob Hamblen can be reached at rhh0918@gmail.com.