This chapter shall be known and may be cited as "Medical Cannabis
registered caregiver licensing."
As used in this chapter, the following terms shall have the
meanings indicated:
CARDHOLDER
A "cardholder," as that term is defined in 22 M.R.S. § 2422(1),
as may be amended or recodified.
DISQUALIFYING DRUG OFFENSE
A "disqualifying drug offense," as that term is defined in
22 M.R.S. § 2422(4), as may be amended or recodified.
LICENSED PREMISES
The parcel of property, i.e., a lot on the tax maps of the
Town of Cumberland, where a registered caregiver is licensed to operate,
consistent with a registered caregiver license issued by the Town
Council under this chapter.
MEDICAL CANNABIS
Cannabis possessed or used by a qualifying patient for medical
use, in accordance with 22 M.R.S. § 2423-A, as may be amended
or recodified. For the avoidance of doubt, "medical cannabis" does
not refer to cannabis possessed or used by an individual of at least
21 years of age for recreational purposes, as more particularly defined
and permitted by Title 28-B of the Maine Revised Statutes, as may
be amended or recodified.
QUALIFYING PATIENT
A "qualifying patient," as defined in 22 M.R.S. § 2422(9),
as may be amended or recodified.
REGISTERED CAREGIVER CULTIVATION AREA
An indoor area enclosed by four walls and a permanent roof,
including but not limited to a greenhouse, used by a registered caregiver
for cultivation of medical cannabis that is enclosed and equipped
with locks or other security devices that permits access only by a
person authorized to have access to the area under Maine law. For
the avoidance of doubt, the cultivation of cannabis outside of an
enclosed, roofed space, is expressly prohibited.
No registered caregiver license may be granted or renewed by
the Town Council and no registered caregiver may operate, even after
issuance of a registered caregiver license, except in compliance with
the performance standards contained in this section. Such performance
standards shall automatically be incorporated into all registered
caregiver licenses granted by the Town Council as conditions of approval:
A. Access. Convenient and safe access for the ingress and egress of
pedestrian and vehicular traffic exists.
B. Traffic. The establishment of a registered caregiver operation will
not create an unreasonable increase in the frequency or intensity
of vehicle traffic in proximity to the licensed premises.
C. Location. No registered caregiver may operate in a location that
is less than 500 feet from the property line of a pre-existing public
or private school serving grades Pre-K through 12th grade, or a day-care
center licensed by the State of Maine.
D. Safety.
(1) Where an electrical system is installed within the licensed premises,
it shall be installed and maintained in accordance with the provisions
of the applicable state standards and regulations and the Town's
electrical codes.
(2) The licensed premises shall be maintained and used in a manner as
to prevent fire and in accordance with the applicable local fire prevention
regulations.
(3) Internal and external foot traffic and security control shall meet
requirements of the applicable state and local law enforcement agencies.
(4) The Town of Cumberland Police and Fire Departments have determined
that adequate public safety protection equipment is available to provide
service to the licensed premises.
E. Noise. No amplification of sound shall occur on or from the licensed
premises as measured by a sound-level meter and frequency-weighting
network (manufactured according the standards prescribed by the American
National Standards Institute), inherently and recurrently generated,
shall not exceed a maximum of 60 decibels, as detected at any lot
line of the licensed premises.
F. Number of plants; location of cultivation area. A licensee may not
possess or cultivate more than 30 mature cannabis plants, or 500 square
feet of plant canopy, and 60 immature plants on a licensed premises.
All cannabis must be cultivated in an indoor registered caregiver
cultivation area, as that term is defined in this chapter. No outdoor
cultivation or storage of cannabis is allowed.
G. Cannabis cultivation by a registered caregiver is prohibited where
any portion of the licensed premises lies within the Shoreland Zone.
H. Ventilation. All registered caregivers shall have an odor mitigation
system installed within the licensed premises, the design of which
has been approved by a Maine licensed engineer. The odor control system
installed shall be sufficient to ensure that no odors will be perceptible
from any adjoining property line of the licensed premises.
I. Waste disposal. Any cannabis waste generated on the licensed premises
must be disposed of in a manner consistent with all rules established
by the Maine Office of Cannabis Policy, as the same may be amended
from time to time. The licensed premises shall not dispose of waste
and/or residue from the growth, cultivation, processing, and storage
of medical cannabis in an unsecured waste receptacle not in its possession
and control.
J. Loitering. The registered caregiver shall make adequate provisions
to prevent qualifying patients or other persons from loitering on
the licensed premises. It shall be the licensee's obligation
to ensure that anyone found to be loitering or using cannabis or cannabis
products in the parking lot or other outdoor areas of the licensed
premises is ordered to leave.
K. Security. The licensed premises must meet the following security
requirements:
(1) The licensed premises shall have lockable doors and windows and shall
be served by an alarm system that includes both an audible alarm and
a police department notification component. Said alarm systems must
also be professionally monitored, and maintained in good working condition.
(2) The licensed premises shall have video surveillance capable of covering
the exterior and interior of the facility. The video surveillance
system shall be operated with continuous recording 24 hours per day,
seven days per week, and video shall be retained for a minimum duration
of 30 days. Such records shall be made available to law enforcement
agencies when investigating a criminal complaint.
L. Insurance; indemnification.
(1) Each licensee shall procure and maintain occurrence-based commercial
general liability insurance coverage in the minimum amount of $1,000,000
per occurrence/$2,000,000 aggregate for bodily injury, death, and
property damage. Such coverage shall not include any bodily injury
or property damage restrictions or exclusions associated with cultivation
or sale of medical cannabis.
(2) Evidence of insurance required herein shall be a condition of the
issuance of any registered caregiver license under this article, and
shall be submitted to the Town as part of the applicant's license
application. Certificates shall guarantee 10 days' notice to
the Town of termination of insurance or any material change from the
insurance provider or agent. The Town's acceptance or lack of
such evidence shall not be construed as a waiver of the applicant's
obligation to obtain and maintain such insurance as required by this
chapter.
(3) By accepting a registered caregiver license from the Town, the licensee
knowingly and voluntarily waives, releases, and discharges the Town
from all claims, causes of action and demands, both known and unknown,
which it has ever had, or may have against the Town, officers, agents,
employees, representatives, insurers, successors, and assigns for
any injuries, damages or liabilities, resulting from the arrest, prosecution
or other consequence of the registered caregiver or its parties of
control for a violation of local, state or federal laws, rules or
regulations.
M. Frequency of patient visits; hours of operation. If the licensed premises are not located within the registered caregiver Overlay District, as shown on the Town of Cumberland's Official Zoning Map and further defined in §
315-28.5 of the Town of Cumberland Code of Ordinances, a registered caregiver may not sell or dispense cannabis to more than five qualifying patients in a twenty-four-hour period and may only do so between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.
N. Limit on registered caregiver licenses per licensed premises.
(1) No more than one registered caregiver license may be granted for
a licensed premises that is located both (i) outside of the registered
caregiver Overlay District, and (ii) outside of the Village Center
Commercial District;
(2) No more than two registered caregiver licenses may be granted for
a licensed premises located within the Village Center Commercial District.
(3) No more than two registered caregiver licenses may be granted for
a licensed premises located within the registered caregiver Overlay
District.
(4) For the avoidance of doubt, registered caregivers seeking to operate
on the same licensed premises must each receive and maintain a separate
registered caregiver license consistent with this chapter.
(5) In no event shall this section be construed to expand the permissible locations for any licensed premises, per §
170-4A of this chapter.
O. No caregiver retail stores. The Town of Cumberland does not allow
medical cannabis "caregiver retail stores," as that term is defined
in 22 M.R.S. § 2422(1-F), as may be amended. As such, licensees
shall not: (a) post regular business hours for the licensed premises
on said licensed premises or in any advertising or marketing materials;
(b) allow access to the licensed premises by members of the general
public; (c) permit more than two qualifying patients to enter the
licensed premises for the purposes of purchasing or otherwise receiving
medical cannabis at a time; (d) permit qualifying patients to enter
the licensed premises without first having an appointment to do so;
(e) sell goods or services other than medical cannabis, including
but not limited to t-shirts, hats, mugs, or other such merchandise,
directly to any qualifying patient; or (f) operate the licensed premises
with any other attribute that is generally associated with retail
stores.
P. Signs. All licensees shall display a sign on the licensed premises to enable emergency responders to locate said licensed premises. Such signs may only contain the licensee's business name or trade name and the street address of the licensed premises, both of which shall be displayed in plain, non-stylized typeface. No additional content, including logos, are permitted. All such signs must receive a sign permit from the Code Enforcement Officer prior to installation or erection, and shall comply in all respects with §
315-63 of the Town of Cumberland Code of Ordinances.
A licensee and its agents and employees shall, at any reasonable
time, permit inspection of the licensed premises by the Town if necessary
to ensure compliance with the provisions of this chapter or any other
applicable portion of local ordinance or state law.
Any appeal of a decision of the Town Council to grant, grant
with conditions, deny, suspend, or revoke a registered caregiver license
pursuant to this chapter, shall be to Maine Superior Court within
30 days of the date of the decision, in a manner consistent with Rule
80B of the Maine Rules of Civil Procedure.
The Town of Cumberland shall enforce this chapter through its
Code Enforcement Officer. In addition to revocation and/or suspension
of a registered caregiver license as provided in this chapter, any
violations of this chapter shall be subject to a minimum fine of $100
per day and a maximum fine of $2,500 per day, pursuant to 30-A M.R.S.
§ 4452. Each day that a violation remains constitutes a
separate violation. The Town Council, or its authorized agent, is
authorized to initiate legal proceedings in Maine District Court to
enjoin the unlawful operation of a registered caregiver, as provided
in this chapter. If the Town is the prevailing party in such proceedings,
the Town shall be entitled to recover its costs of enforcement, including
its attorney's fees.
The Town Council may, in its discretion, waive any of the requirements under §
170-6 of this chapter if it finds the submittal of certain materials is unnecessary or irrelevant to the review of a particular registered caregiver license application.
A registered caregiver license may not be assigned or transferred
to another person or entity. Any change in ownership or change in
officers of the licensee requires a new license. The new owners of
any registered caregiver, as defined in this chapter, shall apply
to the Town Council for a new license prior to beginning operation.
Registered caregiver licenses are limited to the premises for which
they are issued and are not transferable to any other property. All
licensees who desire to relocate to a new location shall apply to
the Town Council or its designee for a new license and if approved
they shall relinquish their permit/license from the previous location.
Should any section or provision of this chapter be declared
by any court of competent jurisdiction to be invalid, such decision
shall not invalidate any other section or provision of this chapter.