The purpose of this article is to regulate the permitting and
operation of Medical Dispensaries within the Town of Bethel, as authorized
by the Maine Medical Use of Marijuana Act, 22 M.R.S.A. § 2421
et seq., including all regulations or amendments thereto. The Town
reserves the right for additional siting and permits requirements
pursuant to Municipal Home Rule Authority and 30-A M.R.S.A. § 3001
et seq.
As used in this article, the following terms shall have the
meanings indicated:
LICENSE
A card or license issued by the State of Maine to operate
a medical marijuana caregiver dispensary.
MEDICAL DISPENSARY
A dispensary authorized under state law to cultivate and
dispense medical marijuana to qualifying patients and caregivers.
PERMIT
A document issued by the Town officially authorizing an applicant
to operate a medical dispensary.
RESIDENT
A person who is domiciled in the State of Maine.
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or whose permit has been revoked or suspended, may, within 30 days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.
Regulations pertaining to this article shall comply with the
Maine Medical Use of Marijuana Act, including all regulations or amendments
thereto.
Every operator of a medical marijuana caregiver dispensary shall
allow law enforcement and code enforcement officers to enter the premises
at reasonable times for substantiating compliance with this article.
In the event the State of Maine adopts any additional or stricter
laws or regulations governing Medical Dispensaries, 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by Town vote and remain in effect until further amended or repealed.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 allowing a medical marijuana caregiver dispensary,
this article becomes effective immediately upon approval by Town vote.