[Adopted 6-11-2019; amended
in its entirety 6-12-2024 ATM
by Art. 11]
The purpose of this article is to regulate the permitting and
operation of cannabis establishments within the Town of Bethel, as
authorized by the Cannabis Legalization Act, 28-B M.R.S.A. § 101
et seq., and the Maine Medical Use of Cannabis Act, 22 M.R.S.A. § 2421
et seq., including all regulations or amendments thereto. The Town
reserves the right for additional siting and permit requirements pursuant
to Municipal Home Rule Authority and Title 30-A M.R.S.A. § 3001
et seq.
As used in this article, the following terms shall have the
meanings indicated:
ADULT USE CANNABIS CULTIVATION FACILITY
A facility licensed by the State of Maine to purchase cannabis
plants and seeds from other cultivation facilities; to cultivate,
prepare and package adult use cannabis; to sell adult use cannabis
to products manufacturing facilities, to cannabis stores and to other
cultivation facilities; and to sell cannabis plants and seeds to other
cultivation facilities and immature cannabis plants and seedlings
to cannabis stores.
ADULT USE CANNABIS MANUFACTURING FACILITY
A facility licensed by the State of Maine to produce, blend,
infuse, compound or otherwise prepare cannabis and cannabis products,
including, but not limited to, cannabis extraction or preparation
by means of chemical synthesis. "Manufacturing" or "manufacture" does
not include cultivation or testing.
ADULT USE CANNABIS RETAIL STORE
A facility licensed by the State of Maine to purchase adult
use cannabis, immature cannabis plants and seedlings from a cultivation
facility, to purchase adult use cannabis and adult use cannabis products
from a products manufacturing facility and to sell adult use cannabis,
adult use cannabis products, immature cannabis plants and seedlings
to consumers.
CANNABIS ESTABLISHMENT
An adult use cannabis cultivation facility, adult use cannabis
manufacturing facility, adult use cannabis retail store, adult use
cannabis testing facility, medical cannabis caregiver retail store,
medical cannabis cultivation facility, medical cannabis dispensary,
medical cannabis manufacturing facility, or medical cannabis testing
facility.
LICENSE
A license issued by the State of Maine to operate a cannabis
establishment.
MEDICAL CANNABIS CAREGIVER RETAIL STORE
A storefront operated by a licensed medical cannabis caregiver,
which is operated in a facility separate from her/his personal address
for the purpose of selling medical cannabis and related products to
qualifying patients.
MEDICAL CANNABIS CULTIVATION FACILITY
A facility licensed to cultivate, prepare, and package medical
cannabis at a location that is not the residence of the registered
caregiver or qualifying patient.
MEDICAL CANNABIS DISPENSARY
A dispensary authorized under state law to cultivate and
dispense medical cannabis to qualifying patients and caregivers.
MEDICAL CANNABIS MANUFACTURING FACILITY
A facility licensed by the State of Maine to produce, blend,
infuse, compound, or otherwise prepare cannabis and cannabis products,
including, but not limited to, cannabis extraction or preparation
by means of chemical synthesis. "Manufacturing" or "manufacture" does
not include cultivation or testing.
MEDICAL CANNABIS TESTING FACILITY
A public or private laboratory authorized under state law
to test medical cannabis for contamination, potency or cannabinoid
profile.
PERMIT
A document issued by the Town officially authorizing an applicant
to operate a cannabis establishment.
A person seeking a permit or renewal of a permit issued pursuant
to this article shall submit an application to the Town Clerk on approved
forms provided by the Town. Pursuant to 28-B M.R.S.A. § 402,
an applicant seeking to operate an adult use cannabis establishment
may not submit an application for a license unless the applicant has
been issued a conditional license by the State of Maine to operate
the cannabis establishment.
A. The applicant
shall present one of the following forms of identification upon submission
of an application to operate a cannabis establishment:
(1) A valid
motor vehicle operator's license.
(2) A current
identification card.
(3) A United
States military identification card.
(4) A valid
passport or Nexus card.
B. The applicant
shall provide the following information for all persons having a 10%
financial interest or more in the cannabis establishment:
(1) Name,
address, and date of birth.
(2) Acknowledgment
and consent that the State of Maine has conducted a background investigation,
including a criminal history check.
C. The applicant
shall provide sufficient documentation to demonstrate ownership of
the proposed permitted premises or possession or entitlement to possession
of the premises pursuant to a lease, rental agreement, or other arrangement.
Any licensee who has requested a permit and has been denied,
or whose permit has been revoked or suspended, may, within 30 days
of the denial, suspension, or revocation, appeal the decision to the
Town of Bethel Board of Appeals. The Board of Appeals may grant or
reinstate the permit if it finds that the denial, revocation, or suspension
was arbitrary or capricious, or that the denial, revocation, or suspension
was not based on sufficient evidence or on a violation of any ordinance,
article, bylaw, or rule or regulation of the Town of Bethel.
Every operator of a cannabis establishment shall allow law enforcement
and code enforcement officers to enter the premises at reasonable
times for the purpose of investigating compliance with this article.
In the event the State of Maine adopts any additional or stricter
laws or regulations governing cannabis establishments, compliance
with any applicable state law or regulation shall be deemed an additional
requirement for issuance or denial of any permit under this article.
Furthermore, any noncompliance with any applicable state law or regulation
shall be grounds for revocation or suspension of any permit issued
hereunder.
This article may be amended by the Town after proper notice
and Town Meeting. Amendments shall take effect seven days after passed
by Town vote and remain in effect until further amended or repealed.
If any provision of this article is determined invalid by a
court of competent jurisdiction, such determination shall not render
invalid the remaining portions of the article.
For the purposes of permitting a cannabis establishment, this
article becomes effective immediately upon approval by Town vote.