[Ord. of 7-17-2017]
This chapter shall be known and cited as the "Recreational Marijuana
Prohibition Ordinance" of the City of Old Town.
[Ord. of 7-17-2017]
This chapter is adopted pursuant to 30-A M.R.S.A. § 3001
and 7 M.R.S.A. Chapter 417.[1]
[1]
Editor's Note: 7 M.R.S.A. Chapter 417 was repealed by
Laws 2017, c. 409, effective 5-2-2018.
[Ord. of 7-17-2017]
The purpose of this chapter is to impose a ban on the operation
of retail marijuana establishments and retail marijuana social clubs
in the City of Old Town to protect the health, safety, and welfare
of the people of Old Town as these activities constitute a nuisance.
[Ord. of 7-17-2017]
The operation of retail marijuana establishments, which includes
retail marijuana stores, retail marijuana cultivation facilities,
retail marijuana products manufacturing facilities, and retail marijuana
testing facilities, and the operation of retail marijuana social clubs
are prohibited within the City of Old Town, and therefore all activities
related to the above-mentioned retail uses, such as, but not limited
to, cultivation, possession, extraction, manufacturing, processing,
storing, laboratory testing, labeling, transporting, delivering, dispensing,
transferring, and distributing, are expressly prohibited within the
City of Old Town.
[Ord. of 7-17-2017]
(b)
Medical use of marijuana. This chapter shall not be construed to
limit any privileges or rights of a qualifying patient, primary caregiver,
registered or otherwise, or registered dispensary under the Maine
Medical Use of Marijuana Act and the City of the Old Town Code of
Ordinances, Chapter 56, Unified Development Ordinance.[2]
[Ord. of 7-17-2017]
This chapter enacted on the seventh day of July, 2017, by the
Old Town City Council shall take effect immediately upon the Maine
Department of Agriculture, Conservation, and Forestry adoption of
the rules for 7 M.R.S.A. Chapter 417.[1]
[1]
Editor's Note: 7 M.R.S.A. Chapter 417 was repealed by
Laws 2017, c. 409, effective 5-2-2018.
[Ord. of 7-17-2017]
Whenever a provision of this chapter is inconsistent with another
provision of any other ordinance, regulation, or statute, the more-restrictive
provision shall control.
[Ord. of 7-17-2017]
Should any section or provision of this chapter be declared
by the courts to be invalid, such a decision shall not invalidate
any other section or provision of this chapter.
[Ord. of 7-17-2017]
[Ord. of 7-17-2017]
A police officer may issue a written cease-operations order
directing the occupancy, use, and other activities prohibited under
this chapter to cease immediately and that the premises be vacated.
Upon notice of the cease-operations order, all occupancy, use, or
other activity subject to the cease-operations order shall stop immediately,
and the premises shall be vacated and closed.
[Ord. of 7-17-2017]
Any person violating the provisions of this chapter may be liable
for the penalties set forth below:
(a)
Civil penalties.
(1)
First violation. The maximum penalty for undertaking an activity
related to retail marijuana establishments or retail marijuana social
clubs is $2,500.
(2)
Multiple. The maximum penalty for undertaking an activity related
to retail marijuana establishments or retail marijuana social clubs
is $25,000 when it is shown that there has been a previous conviction
of the same person within the past five years for a violation of this
chapter.
(3)
Economic benefit. The maximum penalty may be increased if the
economic benefit resulting from the violation exceeds the applicable
penalties. The maximum civil penalty may not exceed an amount equal
to twice the economic benefit resulting from the violation. Economic
benefit includes, but is not limited to, the costs avoided or enhanced
value accrued at the time of the violation as a result of the violator's
noncompliance with the applicable legal requirements.
(4)
Setting of penalty. In setting a penalty, the following shall
be considered:
a.
Prior violations by the same party;
b.
The impact caused and/or potential impact posed by the operation
of the prohibited activity to the health, safety, and welfare of the
people of Old Town;
c.
The damage that cannot be abated or corrected; and
d.
The extent to which the violation continued following an order
to stop.
(b)
Abatement and mitigation. The violator may be ordered to correct,
abate or mitigate the violations.
(c)
Damaged incurred. Any person violating any of the provisions of this
chapter shall become liable to the City for any expense, loss, or
damage incurred by the City by reason of such violation.
(d)
Attorneys' fees. If Old Town is the prevailing party, the City
must be awarded reasonable attorneys' fees, expert witness fees
and costs.
[Ord. of 7-17-2017]
The definitions below are per 7 M.R.S.A. Chapter 417, § 2442.[1]
The process of extracting marijuana with solvents or gases.
Cannabis.
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.
Cannabis that is cultivated, manufactured, distributed or
sold by a licensed retail marijuana establishment or retail marijuana
social club.
An entity licensed to cultivate, prepare and package retail
marijuana and sell retail marijuana to retail marijuana establishments
and retail marijuana social clubs.
A retail marijuana store, a retail marijuana cultivation
facility, a retail marijuana products manufacturing facility or a
retail marijuana testing facility.
Concentrated retail marijuana and retail marijuana products
that are composed of retail marijuana and other ingredients and are
intended for use or consumption, including, but not limited to, edible
products, ointments and tinctures.
An entity licensed to purchase retail marijuana; manufacture,
prepare and package retail marijuana products; and sell retail marijuana
and retail marijuana products only to other retail marijuana products
manufacturing facilities, retail marijuana stores and retail marijuana
social clubs.
An entity licensed to sell retail marijuana and retail marijuana
products to consumers for consumption on the licensed premises.
An entity licensed to purchase retail marijuana from a retail
marijuana cultivation facility and to purchase retail marijuana products
from a retail marijuana products manufacturing facility and to sell
retail marijuana and retail marijuana products to consumers.
An entity licensed and certified to analyze and certify the
safety and potency of retail marijuana and retail marijuana products.
[1]
Editor's Note: 7 M.R.S.A. Chapter 417 was repealed by
Laws 2017, c. 409, effective 5-2-2018.
