The purpose of this article is to regulate the permitting and
operation of medical marijuana manufacturing facilities 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 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:
LICENSE
A license issued by the State of Maine to operate a medical
marijuana manufacturing facility.
MEDICAL MARIJUANA MANUFACTURING FACILITY or MANUFACTURING FACILITY
A facility licensed by the State of Maine to produce, blend,
infuse, compound or otherwise prepare marijuana and marijuana products,
including but not limited to, marijuana extraction or preparation
by means of chemical synthesis. Manufacturing or manufacture does
not include cultivation or testing.
PERMIT
A document issued by the Town officially authorizing an applicant
to operate a medical marijuana manufacturing facility.
RESIDENT
A person who is domiciled in the State of Maine.
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 a medical manufacturing facility 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
manufacturing facility.
A. The applicant shall present one of the following forms of identification
upon submission of an application to operate a manufacturing facility:
(1) A valid State of Maine motor vehicle operator's license.
(2) A current State of Maine 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 ten-percent financial interest or more in the manufacturing
facility.
(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.
(3) Proof of lawful residence. Proof of lawful residence may be made
by providing two of the following documents:
(a)
A valid State of Maine motor vehicle operator's license.
(b)
A valid State of Maine motor vehicle registration.
(c)
A valid State of Maine fishing or hunting license.
(d)
Voter's registration card.
(e)
A current invoice from a utility company.
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.
Initial and renewal permit fees charged under this article will
be in accordance with the Town of Bethel fee schedule. All fees are
nonrefundable and due upon receipt of the approved application.
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 permitted activities would
not constitute a detriment to the public health, safety, or welfare
or that the denial, revocation, or suspension was arbitrary or capricious,
or that the denial, revocation, or suspension was not based on a preponderance
of the evidence or on a violation of any ordinance, article, bylaw,
or rule or regulation of the Town of Bethel.
Regulations pertaining to this article comply with Title 28-B,
including all regulations or amendments thereto.
Every medical marijuana manufacturing facility shall allow law
enforcement and code enforcement officers to enter the premises at
reasonable times for investigating compliance with this article and
Title 28-B.
In the event the State of Maine adopts any additional or stricter
laws or regulations governing a medical manufacturing facility, 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 Board of Selectmen 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 medical manufacturing facility,
this article becomes effective immediately upon approval by Town vote.