[Amended 5-5-2020 by Order No. 19-874-01]
A.
The City Council finds the importance of appropriately siting marijuana properties and marijuana operations in order to protect the public health, safety, and welfare, including, but not limited to, security and preventing the impacts of marijuana operations from extending beyond the premises in which the operations are taking place and is addressed in both Chapter 280, Zoning, and Chapter 149, Licensing.
[Amended 4-19-2022 by Order No. 22-151-01]
B.
The City Council finds that with the reasonable and necessary restrictions on locations and establishment of regulations in this chapter and Chapter 280, Zoning, there is sufficient suitable area within the City to site marijuana operations.
[Amended 4-19-2022 by Order No. 22-151-01]
C.
The City Council finds that licensing marijuana properties and marijuana
operations on those properties shall provide for periodic review and
reasonable control of their practices to ensure that public health,
safety, and welfare concerns are protected.
D.
The City Council finds that it is reasonable to limit the number
and location of marijuana properties and marijuana operations where
they are allowed and that in doing so, there is sufficient area within
the City dedicated to marijuana operations.
E.
The regulation and licensing of marijuana properties and marijuana
operations is not intended to conflict with Title 22 M.R.S. Chapter
558-C, Maine Medical Use of Marijuana Act, or 28-B M.R.S. Chapter
28-B, Adult Use Marijuana, or state administrative rules, as appropriate,
but provides separate and additional requirements as authorized pursuant
to 22 M.R.S. § 2429 as necessitated by these findings for
the purpose of protecting the public health, safety and welfare of
persons in the City.
[Amended 4-19-2022 by Order No. 22-151-01]
For purposes of this chapter, the following terms, which are defined in this chapter or in Chapter 280, Zoning, shall apply unless otherwise indicated:
A licensee that cultivates marijuana and may package it at
a licensed marijuana production facility.
[Amended 5-5-2020 by Order No. 19-874-01]
A licensee that obtains or receives cultivated marijuana
and manufactures or prepares marijuana products at a licensed marijuana
production facility.
[Amended 5-5-2020 by Order No. 19-874-01]
A marijuana property, or hemp grower or cultivator, marijuana
manufacturer, or marijuana production facility.
[Amended 5-5-2020 by Order No. 19-874-01; 4-19-2022 by Order No.
22-151-01]
A.
No person, firm, corporation, or other entity shall:
(1)
Manufacture marijuana products or marijuana concentrate or engage
in extraction except as authorized in the Code.
(2)
Cultivate marijuana for personal use and by caregivers as permitted
the Maine Medical Use of Marijuana Act, Maine Marijuana Legalization
Act, or state administrative rules, as appropriate, or as authorized
in the Code.
[Amended 5-5-2020 by Order No. 19-874-01]
(3)
Grow hemp outdoors as permitted in 7 M.R.S. § 2231
except when licensed by the State and the City.
[Amended 4-19-2022 by Order No. 22-151-01]
An aggrieved party may appeal a final decision made in the enforcement
of this chapter to the Board of Appeals within 30 days from the action
of the official's final decision. The Board of Appeals shall have
no authority to waive requirements of the Code. An order shall not
be stayed during any such appeal.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions.
