[Adopted 5-15-2019 ATM,
Art. 20]
The purpose of this article is to provide for and regulate registered
caregivers as defined in this article and by the State of Maine under
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
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.
A person that has submitted an application for licensure
as a marijuana business pursuant to this article.
Leaves, stems, flowers and seeds of a marijuana plant, whether
growing or not, "Marijuana" includes marijuana concentrate.
The medical use of marijuana, with the term "medical use"
as defined in 22 M.R.S.A. § 2422(5), as may be amended.
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.
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.
All registered caregivers currently operating within the Town
of Topsham prior to the enactment of this article, or seeking to operate
within the Town, shall register with the Town Clerk's office by completing
and signing a Topsham registered caregiver registration form prescribed
by the Town Clerk. Registered Caregivers who cultivate medical marijuana
only for themselves and/or members of their household are exempt from
this requirement and are not required to register.
Registered caregivers shall meet the following operating requirements:
A.
All registered caregivers within the Town of Topsham shall file a
caregiver registration form with the Town Clerk's office, and be placed
on the Town's caregiver registry.
B.
No sales of any marijuana products shall be conducted within a residential
structure, use, or zone within the Town of Topsham; provided, however,
that registered caregivers may deliver medical marijuana and conduct
a sale in a qualifying patient's home.
C.
Marijuana products manufacturing and marijuana testing shall be prohibited
from a residential structure, use, or zone.
All registered caregivers shall register with the Town no later
than 90 days following enactment of this article. Failure to register
may disqualify the Caregiver from applying for or obtaining any marijuana
business licenses from the Town.
