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Town of Madison, ME
Somerset County
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Minutes (5)
[HISTORY: Adopted by the Board of Selectmen of the Town of Madison as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-2018]
This article is enacted pursuant to the Marijuana Legalization Act, 7 M.R.S.A. c. 417; and Municipal Home Rule Authority, Me. Const., art. VIII, pt. 2; and 30-A M.R.S.A. § 3001.
For purposes of this article, 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)
Defined as set forth in 7 M.R.S.A. § 2442.
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 this municipality.
B. 
No application for a proposed retail marijuana establishment or retail marijuana social club shall be processed.
C. 
No person or organization shall develop or operate a business that engages in retail or wholesale sales or gifting of a retail marijuana product, as defined by 7 M.R.S.A. § 2442.
D. 
The practice of "retail gifting" whereby a retail facility would offer a gift of marijuana product in exchange for an additional purchase or service is expressly prohibited in this municipality.
E. 
Nothing in this article is intended to prohibit any lawful use, possession or conduct pursuant to the Maine Medical Use of Marijuana Act, 22 M.R.S.A. c. 558-C.
This article shall take effect immediately upon enactment by the municipal legislative body unless otherwise provided and shall remain in effect until it is amended or repealed.
This article shall be enforced by the municipal officers or their designee. Violations of this article shall be subject to the enforcement and penalty provisions of 30-A M.R.S.A. § 4452.