This chapter shall be known as and cited as the "Town of Gorham Adult-Use and Medical Cannabis Licensing Ordinance" and will be referred to hereinafter as the "chapter." This chapter limits all subject adult-use cannabis establishments and medical cannabis businesses, as both are defined herein, to the zoning districts specified under the Gorham Zoning Ordinance,[1] prescribes definitions and provides for permitting/licensing, regulation, and performance standards for such uses.
[HISTORY: Adopted by the Town Council of the Town of Gorham 7-7-2020; amended 12-1-2020; 9-5-2023 by Ord. No. 23-131; 8-5-2025 by Ord. No. 25-82. Subsequent amendments noted where applicable.]
This chapter is adopted pursuant to the authority granted by 22 M.R.S.A. § 2429-D, 28-B M.R.S.A. § 101 et seq., as both may be amended or recodified, and the Town's home rule authority under Chapter VIII, Part 2 Section 1 of the Maine Constitution and 30-A M.R.S.A. § 3001, as may be amended or recodified.
A.
The purpose of this chapter is to allow for the licensed operation of adult-use cannabis cultivation facilities, adult-use cannabis manufacturing facilities, adult-use cannabis testing facilities, medical cannabis caregivers, medical cannabis manufacturing facilities, and medical cannabis testing facilities in Gorham, while ensuring that the same are operated safely and in accordance with state law.
B.
This chapter does not authorize the operation of adult-use cannabis stores as the term "cannabis store" is defined in 28-B M.R.S.A. § 102-A(16), as may be amended or recodified. In addition, this chapter does not authorize the operation of medical cannabis caregiver retail stores or medical cannabis dispensaries, as the term "caregiver retail store" is defined in 22 M.R.S.A. § 2421-A(16) and the term "registered dispensary" is defined in § 2421-A(41), respectively, as may be amended or recodified.
C.
The operation of a medical cannabis caregiver within their primary residence, or in the primary residence of one or all of its officers or managers, is exempt from the licensing requirements of this chapter, but is still subject to the home occupation standards set forth in Article 2-15 of Chapter 300, Land Use and Development, of the Town Code.
D.
This chapter does not, and shall not be interpreted to limit the rights and privileges afforded by the Maine Medical Use of Cannabis Act, 22 M.R.S.A. Chapter 558-C.
Whenever a provision of this chapter conflicts with or is inconsistent with other provisions of this chapter, or of any other ordinance, regulation or standard, the more restrictive provision shall apply. Nothing herein is intended to conflict with state law; whenever a provision of this chapter conflicts with state law the more restrictive provision shall apply. All applicants and licensees shall comply with all applicable state laws.
The effective date of this chapter shall be 30 days from the date of adoption by the Town Council.
As used in this chapter, the following terms shall have the meanings indicated:
An adult-use "cultivation facility," as that term is defined in 28-B M.R.S.A. § 102-A(25), as may be amended or recodified. An adult-use cannabis cultivation facility includes a "nursery cultivation facility," as that term is defined in 28-B M.R.S.A. § 301(5), as may be amended or recodified.
An adult-use cannabis cultivation facility, an adult-use cannabis products manufacturing facility, or an adult-use cannabis testing facility, which uses are only allowed to operate in Gorham once properly licensed by the State of Maine and under the applicable sections of this chapter.
An adult-use "products manufacturing facility," as that term is defined in 28-B M.R.S.A. § 102-A(51), as may be amended or recodified.
An adult-use "testing facility," as that term is defined in 28-B M.R.S.A. § 102-A(64), as may be amended or recodified.
A structure designed, constructed, and used to store farm machinery, supplies, implements, livestock, or crops.
The planting, propagation, growing, harvesting, drying, curing, grading, trimming or other processing of cannabis for use or sale of adult-use or medical cannabis. "Cultivation" or "cultivate" does not include manufacturing, testing or cannabis extraction.
MANUFACTURE, PROCESSING"Manufacture," as that term is defined in 28-B M.R.S.A. § 102-A(40), as may be amended or recodified.
MANUFACTURING BATCH"Batch," as that term is defined in 28-B M.R.S.A. § 102-A(5), as may be amended or recodified.
"Cannabis," as that term is defined in 28-B M.R.S.A. § 102-A(8), as may be amended or recodified.
MEDICAL CANNABIS CAREGIVERA "caregiver," as that term is defined in 22 M.R.S.A. § 2421-A(11), as may be amended or recodified.
MEDICAL CANNABIS BUSINESSA medical cannabis manufacturing facility, a medical cannabis testing facility, or a medical cannabis caregiver that operates in a location that is not that caregiver's primary residence, or in the case of a caregiver that is a registered entity, the primary residence of any of the entity's officers, partners, managers, or members. A medical cannabis business does not include or encompass a medical cannabis caregiver store or a medical cannabis dispensary, neither of which are authorized to operate in the Gorham.
A medical cannabis "manufacturing facility," as that term is defined in 22 M.R.S.A. § 2421-A(27), and further specified in 22 M.R.S.A. § 2423-F, as both may be amended or recodified.
A medical "cannabis testing facility," as that term is defined in 22 M.R.S.A. § 2421-A(8), as may be amended or recodified.
"Plant canopy," as that term is defined in 28-B M.R.S.A. § 102-A(49), as may be amended or recodified.
An academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof.
A private school approved for the receipt of public funds under 20-A M.R.S.A. §§ 2951 to 2955.
A program offered by a public elementary school pursuant to Chapter 203 of Title 20-A of the Maine Revised Statutes that provides instruction to children who are four years of age, including but not limited to a Head Start program that is approved as a component of the public preschool program.
A school that is governed by a school board of a school administrative unit and funded primarily with public funds.
A.
License required.
(1)
No person may establish, operate or maintain an adult-use cannabis establishment or a medical cannabis business without first obtaining an annual license from the Town Council.
(2)
It is a violation of this chapter for any person or entity to operate, or cause to be operated, an adult-use cannabis establishment or a medical cannabis business without a valid license issued by the Town Council, pursuant to this chapter. Pursuant to 28-B M.R.S.A. § 301 and § 502, an applicant seeking to operate an adult-use cannabis establishment may submit an application for a license concurrent with an application for a conditional license by the State of Maine to operate a cannabis cultivation or manufacturing facility.
B.
Limit on number of licenses; licenses not transferable.
(1)
The Town Council may only issue one total adult-use cannabis establishment to a single business, individual, or owner. For the purposes of this restriction, a "business" or "owner" shall include a separate business entity where the majority of ownership interests are held by the same individual(s) or entity/entities.
(2)
The Town Council is authorized to issue no more than 20 adult-use cannabis establishment licenses in accordance with this chapter and where allowed in Chapter 300, Land Use and Development, of the Town Code. Licenses issued pursuant to this chapter are not transferable following a change in ownership of the licensee or a change in location of the licensed activity. Any change in ownership or change in officers of an owner of an adult-use cannabis establishment or medical cannabis business shall have a priority of review to maintain the issued license, provided that a completed license application is submitted prior to the change of ownership.
(3)
Adult-use cannabis establishment licenses shall be administered on a first come, first serve basis based upon the date the application is deemed complete.
(4)
Exceptions. Home cultivation of adult use or medical cannabis for personal use is exempt from the licensing requirements of this chapter. An applicant for a sample collector license or a sample collector licensee, as "sample collector" is defined in 28-B M.R.S.A. § 102-A(58), is exempt from the licensing requirements of this chapter.
A.
An application for a license required by this chapter must be made on a form provided by the Town of Gorham.
B.
Applications for a license required by this chapter shall be procured from the Town Clerk, completed and signed by the applicant and filed with the Town Clerk, and if referred to the municipal officers shall bear the recommendation for approval or disapproval with reasons noted of the Code Enforcement Officer, the Police Chief and the Fire Chief, and such other departments as may be required by the Town Council or other Town ordinances.
C.
Applicants shall provide sufficient information to demonstrate that they meet all qualifications and standards established in this chapter.
D.
Application requirements.
(1)
If the applicant is a single individual, this person must sign the application for a license. If the applicant is a business entity, each person who has an interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
(2)
The completed application for an adult-use cannabis establishment or medical cannabis business license shall contain the following information and shall be accompanied by the following documents:
(a)
If the applicant is an individual: The individual shall state their legal name and any aliases, and submit proof that they are at least 21 years of age.
(b)
If the applicant is a partnership: The partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, submit a copy of the partnership agreement, if any, and submit proof that all partners are at least 21 years of age.
(c)
If the applicant is a corporation. The corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under state law, the names and capacity of all officers, directors and principal stockholders, the name of the registered corporate agent, the address of the registered office for service of process, and submit proof that all officers, directors and principal stockholders are at least 21 years of age.
(d)
If the applicant is a limited liability company (LLC): The LLC shall state its complete name, the date of its establishment, evidence that the LLC is in good standing under state law, the names and capacity of all members, a copy of its operating agreement, if any, the address of its registered office for service of process, and submit proof that all members are at least 21 years of age.
(e)
If the applicant intends to operate the adult-use cannabis establishment or medical cannabis business under a name other than that of the applicant, they must state the establishment or business name and submit the required registration documents.
(f)
If the applicant, an officer, member or employee has been convicted of criminal activity under state and/or federal law, they must list the specified criminal activity involved, and the date, place, and jurisdiction of each conviction.
(g)
If the applicant has had a previous license under this chapter or other cannabis-related license applications in another Town, city or state denied, suspended or revoked, they must list the name and location of the facility for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and they must list whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that is permitted/licensed under this chapter, whose license has previously been denied, suspended or revoked, listing the name and location of the cannabis cultivation or manufacturing facility for which the permit was denied, suspended, or revoked as well as the date of denial, suspension or revocation.
(h)
If the applicant holds any other permits/licenses under this chapter or other cannabis-related license from another Town, city, or state the applicant shall provide the names and locations of such other permitted/licensed businesses.
(i)
The type of adult-use cannabis establishment, or medical cannabis business for which the applicant is seeking a license.
(j)
The location of the proposed adult-use cannabis establishment or medical cannabis business, including a legal description of the property, street address, and telephone number.
(k)
Sufficient documentation demonstrating possession or entitlement to possession of the proposed licensed premises of the adult-use cannabis establishment or medical cannabis business pursuant to a lease, rental agreement, purchase and sale agreement or other arrangement for possession of the premises or by virtue of ownership of the premises.
(l)
The applicant's mailing address and residential address.
(m)
Recent passport-style photograph(s) of the applicant(s).
(n)
A photocopy of the applicant's driver's license.
(o)
A sketch showing the configuration of the subject premises, including building footprint, interior layout with floor space to be occupied by the business, and parking plan. The sketch must be drawn to scale with marked dimensions.
(p)
A copy of a Town of Gorham Tax Map depicting: 1) the subject property lines, and 2) the property lines of any preexisting public or private school within 750 feet of the subject property, measured in accordance with this chapter.
(3)
Medical cannabis caregivers and other applicants submitting applications and supporting information that is confidential under 22 M.R.S.A. § 2425-A(14), as may be amended or recodified, and the Maine Freedom of Access Act, 1 M.R.S.A. § 402(3)(F), shall mark such information as confidential. An individual who possesses a valid Maine medical cannabis registered caregiver identification card need not identify themselves in an application for a license for a medical cannabis business. The cardholder must, however, identify themselves and provide the relevant cards to the Town Clerk for examination, but the identity of the cardholder shall not be a public record and the Town shall not share the identity of the cardholder, except as necessary by law in the performance of the Town's official functions. At the time of the application, the cardholder may appoint a representative to appear before the Town Council on their behalf. Advertisements for the requisite public hearing shall contain the location of the proposed medical cannabis business and the identity of the owner of the real estate and the identity of the designated representative.
A.
All adult-use cannabis establishments and medical cannabis businesses shall comply with applicable state and local laws and regulations.
C.
Any new adult-use cannabis establishments and medical cannabis businesses may not be located on property within 500 feet of the property line of a preexisting public or private school (K-12).
(1)
For the purposes of this chapter, "school" includes a public school, private school, or public preschool program as defined in 20-A M.R.S.A. § 1, or any other educational facility that serves children from prekindergarten to grade 12. Required setbacks shall be measured as the most direct, level, shortest, without regard to the intervening structures or objects, straight-line distance between the school property line and the property line of the parcel of land on which the adult-use cannabis establishment or medical cannabis business is located. If the adult-use cannabis establishment or medical cannabis business is located within a subdivision, the required setback shall be measured from the front door of the facility to the property line of the school. Presence of a Town, city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(2)
If a new school meeting the definition included in this chapter is opened within 500 feet of an existing licensed adult-use cannabis establishments or medical cannabis business, that business may continue to operate at its licensed location, under current or new ownership, provided there is no change in use.
D.
No outdoor cultivation, testing, or manufacturing or storage of cannabis, cannabis products, or related supplies is permitted, except as allowed by ordinance.
E.
All adult-use cannabis establishments and medical cannabis businesses shall have odor mitigation systems such that odor is imperceptible from any adjoining property line. A ventilation plan shall be required that provides for adequate ventilation so as to prevent pesticides, insecticides or other chemicals used in the cultivation or manufacturing of cannabis or cannabis related products from being dispersed or released outside the building or lease line. The plan shall further provide for resulting smoke, vapor, fumes, gases and particulate matter from cannabis or its manufacturing or cultivation to be effectively confined within the boundaries of any building or lease line.
F.
All adult-use cannabis establishments shall obtain a State of Maine conditional license prior to operating in the Town of Gorham. All caregivers or other individuals or entities wishing to operate medical cannabis businesses must be licensed by the State of Maine prior to applying for licensure from the Town of Gorham, and must provide a copy of said license to the Town as part of its licensing application.
A separate license must be obtained for each adult-use cannabis establishment or medical cannabis business located on the same premises. Each license shall be effective for a period of one year from the date of its issuance. A license must be obtained prior to the opening of adult-use cannabis establishment or medical cannabis business. All licenses expire on December 1. Applications for renewal licenses shall be submitted at least 60 days prior to expiration of the existing term. Any licensee that fails to submit a renewal application by the applicable deadline shall not have authority to operate until a new license is granted.
A.
An application for any license under this chapter shall be denied to the following entities or persons:
(1)
A person or entity who fails to meet the requirements of this chapter.
(2)
A person or entity that has had a license for an adult-use cannabis establishment or a medical cannabis business revoked by the Town of Gorham or by the State of Maine.
(3)
A person or entity who has not acquired all necessary state approvals and other required local approvals prior to issuance of a license.
C.
The Town may suspend or revoke a license if the licensee has had a state license for an adult-use cannabis establishment suspended or revoked, or in the case of a medical cannabis business, the applicant has been disqualified as a caregiver, or otherwise had a needed license suspended or revoked by the State of Maine. The licensee shall be entitled to notice and a hearing before the Town Council prior to any suspension or revocation, provided, however, that any such hearing, including all documents related thereto, pertaining to a licensed medical cannabis caregiver business, shall be confidential and conducted in executive session.
A.
Every adult-use cannabis establishment and medical cannabis business licensee shall allow law enforcement officers and the Gorham Code Enforcement Officer ("CEO") to enter the premises at reasonable times for the purpose of checking compliance with all applicable state laws and this chapter.
B.
Every owner and employee of an adult-use cannabis establishment, medical cannabis manufacturing facility, or medical cannabis testing facility, applying for a license, shall contact the Gorham Police Department for the purposes of fingerprinting and criminal background checking.
C.
All medical cannabis caregivers shall provide to the Town a copy of all registered caregiver licenses issued to any and all officers, managers, and/or employees, and shall update the same annually.
D.
All licensees shall submit emergency contact information to the Police Department.
E.
Due to fire, explosion, and other hazards inherent in adult-use cannabis establishments and medical cannabis caregiver businesses, including, but not limited to, heavy electrical loads, hot lighting fixtures, CO2 enrichment, and flammable contents, the owners and/or operators of all such facilities shall agree to be inspected annually by the Gorham Fire Department and have a lock box installed at the structure's exterior entrance for emergency access. Lock boxes shall be obtained and installed in coordination with the Gorham Fire Department.
By accepting a license issued pursuant to this chapter, the licensee waives and releases the Town, its officers, elected officials, employees, attorneys, and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of any adult-use cannabis establishment or medical cannabis business owners, operators, employees, clients, or customers for a violation of local, state or federal laws, rules, or regulations. By accepting a license issued pursuant to this chapter, the permittee/licensee agrees to indemnify, defend, and hold harmless the Town, its officers, elected officials, employees, attorneys, agents, and insurers against all liability, claims, and demands on account of any injury, loss or damage, including without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of a an adult-use cannabis establishment or medical cannabis business licensed under this chapter.
In the event the State of Maine adopts any additional or stricter law or regulation governing the adult-use cannabis businesses, medical cannabis businesses, or medical cannabis caregivers, the additional or stricter regulation shall control. Compliance with all applicable state laws and regulations shall be deemed an additional requirement for issuance or denial of any license under this chapter, and noncompliance with state laws or regulations shall be grounds for revocation or suspension of any license issued hereunder.
A.
For new or renewal licenses requiring Town Council action, the Council shall hold a public hearing. At said hearing the Town Council shall determine whether the license applicant has satisfied all applicable licensing criteria as outlined in this chapter, and if so, shall authorize the issuance of such a license, with or without conditions.
B.
Prior to any public hearing held in accordance with this chapter, the application shall be advertised by posting notice in two or more public places and advertising in a local newspaper, at least seven days prior to the public hearing.
C.
In the case of an application for license by a medical cannabis caregiver, or any renewal thereof, the notice and public hearing shall be subject to the confidentiality provisions of § 189-9D(3) of this chapter, if applicable.
A.
Licensing fees for adult-use cannabis establishments and medical cannabis businesses shall be paid annually as set forth below.
B.
All applications must be submitted with a nonrefundable/nontransferable $500 fee.
C.
If an application is approved, the following license fees must be paid before the Town will issue a license:
(1)
Adult-use cannabis manufacturing facility: $5,000.
(2)
Adult-use cannabis cultivation facility:
(a)
Tier 1: zero to 500 square feet of mature plant canopy: annual permit/licensing fee: $1,000.
(b)
Tier 2: 501 to 2,000 square feet of mature plant canopy: annual license fee: $1,500.
(c)
Tier 3: 2,001 to 7,000 square feet of mature plant canopy: annual license fee: $2,500.
(d)
Tier 4: greater than 7,000 square feet of mature plant canopy: annual license fee: $5,000.
(3)
Adult-use nursery cultivation facility: annual license fee: $1,000 (Plant canopies of individual nursery cultivations are capped at 1,000 square feet, subject to the requirements and restrictions of state law.)
(4)
Adult-use cannabis testing facility: annual license fee: $3,000.
(5)
Medical cannabis caregiver (non-home occupation): annual license fee:
(a)
Tier 1: zero to 500 square feet of mature plant canopy: annual permit/licensing fee: $1,000.
(b)
Tier 2: 501 to 2,000 square feet of mature plant canopy: annual license fee: $1,500.
(c)
Tier 3: 2,001 to 7,000 square feet of mature plant canopy: annual license fee: $2,500.
(d)
Tier 4: greater than 7,000 square feet of mature plant canopy: annual license fee: $5,000.
(6)
Medical cannabis manufacturing facility: annual license fee: $5,000.
(7)
Medical cannabis testing facility: annual license fee: $3,000.
D.
Renewal applicants for adult-use cannabis cultivation licenses may seek an increase to a higher tier if they comply with the requirements in this section and state law.
Any violations of this chapter, including failure to comply with any conditions, may be enforced in accordance with 30-A M.R.S.A. § 4452. Every day a violation exists constitutes a separate violation. Operation of any adult-use cannabis establishment or medical cannabis business without a Town license shall be a violation of this chapter. Any party committing such a violation shall immediately cease operations, whether of a construction, renovation, or business nature, upon notification by the Code Enforcement Officer (CEO). Upon such CEO notification, and failure of the licensee or other individual or business to take the required remedial action in a timely manner, the Town can pursue fines and/or penalties under 30-A M.R.S.A. § 4452.
Any appeal of a decision of the Town made in connection with this chapter shall be to the Superior Court, in accordance with the requirements of Rule 80B of the Maine Rules of Civil Procedure.