[Adopted 1-9-2018 by Order
No. 118-17]
This chapter is enacted pursuant to the Marijuana Legalization
Act, 7 M.R.S.A. Chapter 417, as may be amended from time to time;
and municipal home rule authority, Me. Const., art. VIII, pt. 2 and
30-A M.R.S.A. § 3001.
As used in this chapter, the following terms shall have the
meanings indicated: retail marijuana establishments, including retail
marijuana stores, retail marijuana cultivation facilities, retail
marijuana products manufacturing facilities and retail marijuana testing
facilities, and retail marijuana social clubs are defined as set forth
in 7 M.R.S.A. § 2442, as may be amended from time to time.
A.
Retail marijuana establishments, including retail marijuana stores,
retail marijuana cultivation facilities, retail marijuana products
manufacturing facilities and retail marijuana testing facilities,
and retail marijuana social clubs, are expressly prohibited in the
Town of Standish.
B.
No person, entity or organization shall develop or operate a business
that engages in retail or wholesale sales of a retail marijuana product,
as defined by 7 M.R.S.A. § 2442, as may be amended from
time to time.
C.
Nothing in this chapter is intended to prohibit any lawful use, possession
or conduct pursuant to the Maine Medical Use of Marijuana Act, 22
M.R.S.A. Chapter 558-C, as may be amended from time to time.
This chapter shall be enforced by the Code Enforcement Officer.
Violations of this chapter shall be subject to the enforcement and
penalty provisions of 30-A M.R.S.A. § 4452. Each day of
a violation shall constitute a separate violation. When any violation
of any provision of this chapter shall be found to exist, the Code
Enforcement Officer shall first notify the violator and then notify
the Town Council, who may then initiate any and all actions to be
brought in the name of the Town. In any court action, the Town may
seek injunctive relief in addition to penalties. The Town shall be
entitled to recover its costs of enforcement, including its attorneys'
fees.
The provisions of this chapter are severable, and if any provision
shall be declared to be invalid or void, the remaining provisions
shall not be affected and shall remain in full force and effect.
This chapter shall take effect immediately upon enactment by
the Town Council.
