The purpose of this article is to provide for and regulate the
issuance of licenses for marijuana businesses as defined in this article
and by the State of Maine under the Marijuana Legalization Act, 28-B
M.R.S.A. § 101 et seq. and the Maine Medical Use of Marijuana
Act, 22 M.R.S.A. § 2421 et seq., as may be amended.
This article is adopted pursuant to the authority granted by
28-B M.R.S.A. § 101 et seq., as may be amended, 22 M.R.S.A.
§ 2421 et seq., as may be amended, and the Town's home rule
authority under Chapter VIII, Part 2, Section 1 of the Maine Constitution.
As used in this article, the following words and phrases shall
have the meanings ascribed to them in this section.
APPLICANT
A person that has submitted an application for licensure
as a marijuana business pursuant to this article.
CULTIVATE or CULTIVATION
The planting, propagation, growing, harvesting, drying, curing,
grading, and trimming or other processing of marijuana for use or
sale. It does not include manufacturing.
HARVESTED MARIJUANA
The plant material harvested from a mature marijuana plant,
except the stalks, leaves and roots of the plant that are not used
for a qualifying patient's medical use. "Harvested marijuana" includes
marijuana concentrate and marijuana products.
LICENSED PREMISES
The premises specified in an application for a license pursuant
to this article that are owned or in possession of the licensee and
within which the licensee is authorized to cultivate, manufacture,
distribute, sell, or test adult use marijuana, adult use marijuana
products, medical marijuana or medical marijuana products in accordance
with the provisions of this article and the requirements of state
law and regulations.
LICENSEE
A person licensed pursuant to this article.
MANUFACTURE or MANUFACTURING
The production, blending, infusing, compounding or other
preparation of marijuana products, including, but not limited to,
marijuana extraction or preparation by means of chemical synthesis.
It does not include cultivation.
MARIJUANA
Leaves, stems, flowers and seeds of a marijuana plant, whether
growing or not. "Marijuana" includes marijuana concentrate.
MARIJUANA BUSINESS
A marijuana cultivation facility, a marijuana products manufacturing
facility, or a marijuana testing facility. The term "marijuana business"
does not include registered caregiver retail stores.
MARIJUANA CONCENTRATE
The resin extracted from any part of a marijuana plant and
every compound, manufacture, salt, derivative, mixture or preparation
from such resin, including, but not limited to, hashish. In determining
the weight of marijuana concentrate in a marijuana product, the weight
of any other ingredient combined with marijuana to prepare a marijuana
product may not be included.
MARIJUANA CULTIVATION FACILITY
A facility licensed to cultivate, prepare and package adult
use and/or medical marijuana and to sell adult use and medical marijuana
to marijuana manufacturing facilities, marijuana stores, and other
cultivation facilities. A marijuana cultivation facility is not authorized
as an accessory use, and only where expressly allowed as a permitted
or conditional use.
MARIJUANA PRODUCTS MANUFACTURING FACILITY
A facility licensed to purchase adult use and/or medical
marijuana from a marijuana cultivation facility or another marijuana
products manufacturing facility; to manufacture, label and package
adult use and/or medical marijuana products; and to sell adult use
and/or medical marijuana products to other marijuana products manufacturing
facilities and to registered caregiver retail stores.
MARIJUANA TESTING FACILITY
A medical marijuana testing facility or adult use marijuana
testing facility, as described within this definition. A marijuana
testing facility is not authorized as an accessory use:
B.
(1)
Is authorized in accordance with 22 M.R.S.A. § 2423-A,
Subsection 10, to analyze contaminants in and the potency and cannabinoid
profile of samples; and
(2)
Is accredited pursuant to standard ISO/IEC 17025 of the International
Organization for Standardization by a 3rd-party accrediting body or
is certified, registered or accredited by an organization approved
by the State of Maine.
MEDICAL MARIJUANA
The medical use of marijuana, with the term "medical use"
as defined in 22 M.R.S.A. § 2422(5), as may be amended.
OWNER
A person whose beneficial interest in a marijuana business
is such that the person bears risk of loss other than as an insurer,
has an opportunity to gain profit from the operation or sale of a
marijuana business and has a controlling interest in a marijuana business.
PERSON
A natural person, partnership, association, company, corporation,
limited-liability company or organization or a manager, agent, owner,
director, servant, officer or employee thereof. "Person" does not
include any governmental organization.
QUALIFYING PATIENT
A person who has been a resident of the state for at least
30 days and who possesses a valid written certification regarding
medical use of marijuana in accordance with 22 M.R.S.A. § 2423-B.
REGISTERED CAREGIVER
A person or an assistant of that person that provides care
for a qualifying patient and who is registered by the State of Maine
pursuant to 22 M.R.S.A. § 2425-A.
REGISTERED CAREGIVER RETAIL STORE
A facility operated by a single medical marijuana registered
caregiver and licensed to sell harvested marijuana to qualifying patients
for the patients' medical use and may include an area for consultation
with patients.
STATE LICENSE
Any license, registration or certification issued by the
state licensing authority.
STATE LICENSING AUTHORITY
The authority (or authorities) created by the state for the
purpose of regulating and controlling the licensing of the cultivation,
manufacture, distribution, testing and sale of adult use marijuana,
adult use marijuana products, medical marijuana and/or medical marijuana
products in this state.
The Selectboard shall only issue a limited number of marijuana business licenses in accordance with this article. Licenses are apportioned for each category of activity where allowed in the land use code, §
225-16.
A. Number of licenses allowed per use: The Selectboard is authorized
to issue the following marijuana business licenses:
(1) Marijuana cultivation facility:
(a)
Tier 1 < 30 plants, < 500 square feet of plant canopy: maximum of two licenses.
(b)
Tier 2 > 501 square feet > 2,000 square feet of plant canopy: maximum of two licenses.
(c)
Tier 3 > 2,001 square feet < 7,000 square feet of plant canopy: maximum of two
licenses.
(d)
Tier 4 > 7,001 square feet < 20,000 square feet of plant canopy: maximum of two
licenses.
(e)
Nursery < 1,000 square feet of plant
canopy: maximum of two licenses.
(2) Marijuana products manufacturing facility: maximum of six licenses.
(3) Marijuana testing facility: maximum of 10 licenses.
B. Number of licenses allowed per business: The Selectboard shall issue
no more than one marijuana business license per business/individual/owner
for each category of business activity.
C. Prioritization of license review.
(1) Marijuana businesses that were operating with Town approval prior
to December 13, 2018, shall have a priority of review for license
issuance by the Selectboard, provided that the owner/operator of the
business submits a completed application for a license within 19 days
of enactment of this article. Such businesses shall be included in
the maximum number of licenses permitted in each category.
(2) Any change in ownership or change in officers of an owner of an existing
marijuana business license shall have a priority of review to maintain
the issued license, provided that a completed license application
is submitted prior to the change of ownership.
Marijuana businesses are permitted pursuant to a license issued by the Selectboard and subject to the requirements and restrictions of this article and Chapter
225 of this Code.
Fees for a marijuana business license shall be as set forth
in the Schedule of License, Permit, Inspection and Application Fees
established by Selectboard order and shall be paid annually.
A separate license must be obtained for each marijuana business
located on the same premises. Each license shall be effective for
a period of one year from the date of its issuance. A license must
be obtained prior to the opening of a marijuana business. Applications
for renewal licenses shall be submitted at least 90 days prior to
expiration of the existing term. Any licensee that fails to submit
a renewal application by the applicable deadline shall not have authority
to operate until a new license is granted and may lose priority in
the issuance of license if the maximum number of licenses has been
issued.
The licensee shall comply with all of the following requirements
during the term of the local license:
A. Display of license. The current local license shall be displayed
at all times in a conspicuous location within the licensed premises.
B. Compliance with other laws. A marijuana business shall meet all operating
and other requirements of state and local law and regulation. To the
extent the State of Maine has adopted or adopts in the future any
stricter law or regulation governing marijuana business, the stricter
law or regulation shall control.
C. Location.
(1) All licensed premises shall be fixed, permanent locations. Licensees
shall not be permitted to operate marijuana businesses in temporary
locations such as mall kiosks or farm stands.
(2) No marijuana business shall be located within 1,000 feet of the entrance
of a preexisting public or private school. For the purposes of this
article, "school" includes a public school, private school, or public
preschool program as defined in 20-A M.R.S.A. § 1, or any
other educational facility that serves children from prekindergarten
to grade 12. Distance shall be measured in a straight line, without
regard to intervening structures or objects, from the nearest entrance
of the school to the nearest entrance of the marijuana business.
(3) No marijuana business shall be located such that the nearest entrance
to the facility is any closer than 1,000 feet, measured in a straight
line, without regard to intervening structures or objects, to the
nearest entrance of another marijuana business or registered caregiver
retail store located on a separate parcel of land.
(4) No marijuana business shall be located inside a building containing
residential units, including transient housing such as lodging, group
homes, hotels, motels, and boardinghouses.
D. Operating standards:
(1) No marijuana business is permitted to utilize or provide a drive-up
service window.
(2) Hours of operation may be established by the Selectboard, but in
no event shall a marijuana business be open to the public, and no
sale or other distribution of marijuana shall occur upon the premises
or via delivery from the premises between the hours of 8:00 p.m. and
8:00 a.m.
(3) No outside storage is permitted for a marijuana business.
(4) Outdoor cultivation of marijuana is prohibited.
(5) A ventilation plan shall be included for marijuana cultivation facilities,
marijuana manufacturing facilities, and marijuana testing facilities
that provides for adequate ventilation so as to prevent pesticides,
insecticides or other chemicals used in the cultivation or processing
of marijuana or marijuana related products from being dispersed or
released outside the premises. The plan shall further provide for
resulting smoke, vapor, fumes, gases and particulate matter from marijuana
or its processing or cultivation to be effectively confined to the
premises.
(6) Marijuana businesses shall provide odor control measures so that
odor generated on site is mitigated at the property line of the lot
containing the marijuana business. Applications must demonstrate appropriate
measures, such as carbon filtration, ventilation and exhaust systems,
facility plans or other additional practices adequate to mitigate
odors for the scale of operations for the uses proposed.
E. Advertising/signage:
(1) Only one on-site sign per marijuana business is allowed.
(2) Maximum size for all signage shall be 75 square feet, or as permitted by §
225-33, whichever is less.
(3) Any signage is limited to displaying the following information: name
of business; logogram of business; and business' address, hours of
operation and contact information. Other than the foregoing information,
no advertising for marijuana or marijuana products shall be displayed
on any sign in a publicly visible location.
(4) Portable signs or sandwich board signs located in the public right-of-way
are prohibited.
(5) Electronic message center and internally illuminated signs are prohibited.
(6) Marijuana plants, products, and paraphernalia shall not be visible
from outside the building in which the marijuana business is located.
Licenses issued under this article are not transferable. Any
change in ownership or change in the officers of an owner shall require
a new license. Licenses are limited to the location for which they
are issued and shall not be transferable to a different location.
A licensee who seeks to operate in a new location shall acquire a
new marijuana business license for that location.
Any appeal of a decision of the Town Selectboard shall be to
the Superior Court, in accordance with the requirements of Rule 80B
of the Maine Rules of Civil Procedure.
The operation of any marijuana business without the required marijuana business license or in violation of the requirements of this article shall be a violation of this article. Violations shall be subject to fines and/or penalties under 30-A M.R.S.A. § 4452. Each day of a violation shall constitute a separate violation. Any such fine may be in addition to any suspension or revocation imposed in accordance with the provisions of §
150-13 of this article. 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 attorney's fees.
The provisions of this article 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.
Except as otherwise specifically provided herein, this article
incorporates by reference the requirements and procedures set forth
in the Maine Marijuana Legalization Act, 28-B M.R.S.A. § 101
et seq. and the Maine Medical Use of Marijuana Act, 22 M.R.S.A. § 2421
et seq., as may be amended. In the event of a conflict between the
provisions of this article and the provisions of the Maine Marijuana
Legalization Act or any other applicable state or local law or regulation,
the more restrictive provision shall control.
This article shall take effect at a date to be determined by
the Board of Selectmen, but no later than January 1, 2020.