[Amended 5-5-2020 by Order No. 19-874-01; 4-19-2022 by Order No.
22-151-01]
This article shall apply to any person, firm, corporation, or
other entity engaged in a marijuana operation, whether operated for
profit or not for profit. Notwithstanding anything to the contrary
in 1 M.R.S. § 302, this article applies to any application
relating to marijuana operation or hemp grower, whether or not such
application had become a "pending proceeding" as defined in 1 M.R.S.
§ 302 prior to the enactment of this article.
No person, firm, or corporation may operate as a marijuana or hemp grower, or manufacturer without first obtaining a license for such purpose under Chapter 149, Licensing. Such licensed operations may only occur at a licensed marijuana property, except for hemp growing.
In addition to the general standards for denial, suspension, or revocation of a license and standards for investigation of applicants pursuant to Chapter 149, Licensing, or elsewhere in the Code, a license may be denied, suspended, or revoked for one or more of the following reasons:
A.
Conviction of the applicant, licensee, or employee of the licensee
or person representing the licensee of any crime involving dishonesty,
deception, misappropriation, or fraud.
A licensee and his/her employees may transport marijuana, packaged
marijuana, and marijuana products between the location of the licensed
marijuana operation and another licensed marijuana operation. All
transportation of marijuana, packaged marijuana, and marijuana products
shall be documented by the licensee.
A licensee shall maintain records of all transactions for a
minimum of one (1) year after the date of the transaction.
A.
No person shall have any entitlement or vested right to a license
under this article. To lawfully operate a marijuana production operation,
all businesses shall obtain a license under this chapter.
B.
A preexisting business operating under this chapter shall cease operation
within forty-five (45) days after the issuance of a denial letter
or revised denial letter, as applicable.
An individual who possesses a valid Maine State-issued medical
marijuana primary caregiver registry identification card need not
identify himself or herself in an application for a license for a
medical marijuana operation. The cardholder shall identify him or
herself and provide the relevant cards to the City Clerk for examination,
but the identity of the cardholder shall not be a public record and
the City Clerk shall not share the identity of the cardholder, except
as necessary by law in the performance of his or her duties. At the
time of application the cardholder may appoint a representative to
appear before the City Council on his or her behalf. Advertisements
for public hearing shall contain the location of the proposed medical
marijuana operation, the owner of the real estate, and the identity
of the designated representative. The City Clerk may certify to the
City Council that the applicant meets the necessary legal requirements
as a cardholder(s).
