[Added 8-6-2019; amended 8-5-2025 by Ord. No. 25-82]
A. 
The purpose and intent of this Article 2-17 is to regulate personal cultivation of cannabis for the grower's use on the property where the grower's residence is located. This article prohibits growing for any person not living on the property where the cannabis is being cultivated, all commercial cultivation for adult-use and the sale of "adult-use" cannabis from a residential property.
B. 
This article is adopted by the Town Council pursuant to 28-B M.R.S.A. § 1502(3) and the home rule authority granted to municipalities by 30-A M.R.S.A. § 3001 and the Constitution of Maine, Article VIII, Part Second.
For the purposes of this article, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this article, the common and ordinary meaning of the word shall apply.
AUTHORIZED GROWER
A person 21 years of age or older who resides on the lot where the adult-use cannabis is being cultivated in compliance with state law.
CANNABIS
The leaves, stems, flowers and seeds of a cannabis plant, whether growing or not. "Cannabis" does not include industrial hemp as defined in 7 M.R.S.A. § 2231(1).
CULTIVATION
The planting, growing, harvesting, drying or processing of cannabis plants or any part thereof.
INDOOR CULTIVATION
The growing of cannabis plants inside a residence or inside an accessory residential structure that has the ability to be locked when the grower is not attending to the cannabis plants.
LOT
A single, legal parcel of property where the grower or grower's residence(s) is/are located. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall not constitute a single "lot" for the purposes of this article.
OUTDOOR CULTIVATION
The growing of cannabis plants outside in a fenced-in area. The fence shall be a minimum of six feet in height and shall be locked when the grower is not attending to the cannabis plants.
RESIDENCE
A home, abode or place where the grower is actually living.
The growing of adult use cannabis shall conform to the below requirements:
A. 
There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence, accessory structure or fenced-in area from the public right-of-way or abutting properties, including, but not limited to, any cannabis plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.
B. 
The authorized grower's primary or full-time residency shall be on the lot where the cannabis is being cultivated. The residence shall include a fully functional and usable kitchen, bathroom and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.
C. 
Each grower on a lot is limited to grow a maximum of three mature plants and 12 immature plants in an area of 50 square feet. If multiple authorized growers are located on a lot, the 50 square foot area for each grower shall be separate and lockable from the other growers located on the lot. The unlimited seedlings are not required to be located within the 50 square feet of growth area but are required to be in a lockable area.
D. 
Outdoor cultivation is only allowed for lots with over 40,000 square feet of lot area and which have one single-family dwelling.
E. 
Indoor cultivation is required for lots with multiple dwelling units.
F. 
Cultivation areas shall be set back a minimum of 50 feet from the property line and shall not be located within any front, side or rear yard setbacks.
G. 
A property owner's written consent to cultivate cannabis is required for growers located on lots not owned by them. An owner of a residential structure, accessory structure or lot can prohibit the cultivation of cannabis on the owner's property.
H. 
All cultivation areas shall meet all applicable local, state and federal building, electrical and fire codes.
I. 
The outside or inside cultivation areas shall be locked when not being attended to by the grower of the cannabis.
J. 
A cannabis cultivation permit is required prior to commencing any cannabis cultivation by any grower(s) owning, leasing, occupying or having charge or possession of any legal lot or premises where cannabis cultivation is proposed to occur. The cannabis cultivation permit must be obtained from the Code Enforcement Officer or designee to ensure compliance with the requirements of this article.
K. 
The odor generated from cannabis cultivation or harvesting at the subject property shall not be reasonably detectable from any adjacent lot or public right-of-way.
The following information will be required with the initial permit application and subsequent permit extensions:
A. 
Physical site address of where the cannabis will be cultivated.
B. 
The name of each person owning, leasing, occupying or having charge of any legal parcel or premises where cannabis will be cultivated.
C. 
Proof of a grower's residency on the lot where the cannabis cultivation will be conducted.
D. 
Property owner's written consent to the cultivation of cannabis at the premises, if different from the grower.
E. 
Plan showing the location where the cultivation area will be located in the residence, accessory structure and/or the lot.
F. 
Detailed explanation of how the grower will meet all the required performance standards.
The permit shall be valid for six months and may be renewed annually for one-year durations upon determination that the standards and conditions set forth under these standards are met. The permit may be denied or not renewed unless satisfaction of the minimum requirements of this article can be demonstrated.
[Amended 8-5-2025 by Ord. No. 25-82]
Violations of this article shall constitute a public nuisance and may be enforced by the provisions of this Land Use and Development Code or any other applicable law.
The following are prohibited as part of the adult-use cannabis growing for personal use:
A. 
The home extraction of cannabis concentrate using hazardous substances.
B. 
The cultivation, manufacturing, testing, retail sale, gifting and/or growing of cannabis for adult use by someone not a resident of the lot.