[HISTORY: Adopted by the City Council of the City of Saco 7-17-2017. Amendments noted where applicable.]
Cultivation and distribution of marijuana — See Ch. 135.
The purpose of this chapter is to impose a ban on the operation of recreational marijuana cultivation, retail marijuana establishments, and retail marijuana social clubs in the City of Saco ("City").
The Maine State Legislature's Marijuana Legalization Implementation Committee is drafting new law(s) regarding recreational marijuana cultivation and sale in response to the citizens' initiative; these laws are expected by February of 2018.
This proposed chapter to be adopted pursuant to the City's home rule authority pursuant to 30-A M.R.S.A. § 3001 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
- RETAIL MARIJUANA
- Cannabis that is cultivated, manufactured, distributed or sold by a licensed retail marijuana establishment or retail marijuana social club.
- RETAIL MARIJUANA CULTIVATION FACILITY
- An entity licensed to cultivate, prepare and package retail marijuana and sell retail marijuana to retail marijuana establishments and retail marijuana social clubs.
- RETAIL MARIJUANA ESTABLISHMENT
- Retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturing facility or a retail marijuana testing facility.
- RETAIL MARIJUANA PRODUCT
- Concentrated retail marijuana and retail marijuana products that are composed of retail marijuana and other ingredients and are intended for use or consumption, including, but not limited to, edible products, ointments and tinctures.
- RETAIL MARIJUANA SOCIAL CLUB
- An entity licensed to sell retail marijuana and retail marijuana products to consumers for consumption on the licensed premises.
- RETAIL MARIJUANA TESTING FACILITY
- An entity licensed and certified to analyze and certify the safety and potency of retail marijuana and retail marijuana products.
The operation of retail marijuana establishments, which includes retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, and retail marijuana testing facilities; and the operation of retail marijuana social clubs are prohibited within the City, and therefore all activities related to the above-mentioned retail uses such as, but not limited to, cultivation, possession, extraction, manufacturing, processing, storing, laboratory testing, labeling, transporting, delivering, dispensing, transferring, and distributing recreational marijuana are expressly prohibited within the City.
Any designated City Code Enforcement Officer ("CE Officer") or City of Saco Police Officer ("Officer") is authorized and shall have the authority to enforce all provisions of this chapter. A CE Officer or Officer may issue a written cease-operations order directing the occupancy, use, and other activities prohibited under this chapter to cease immediately, and that the premises be vacated. Upon notice of the cease-operations order, all occupancy, use, or other activity subject to the cease-operations order shall stop immediately, and the premises shall be vacated and closed.
Any person violating the provisions of this chapter may be liable for the penalties set forth below:
First violation. The maximum penalty for undertaking an activity related to retail marijuana establishments or retail marijuana social clubs is $2,500.
Multiple. The penalty for undertaking an activity related to retail marijuana establishments or retail marijuana social clubs is $25,000 when it is shown that there has been a previous conviction of the same person within the past five years for a violation of this chapter.
The provisions of this chapter shall become effective 30 days after its enactment. This chapter automatically expires one year after the effective date unless it is repealed or reauthorized by the City Council.
If any part or provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this chapter are severable.