Maine Revised Statutes Title 28-B Sec. 401 – Municipal regulation of cannabis establishments generally
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In accordance with the applicable provisions of this subchapter and pursuant to the home rule authority granted under the Constitution of Maine, Article VIII, Part Second and Title 30?A, section 3001, a municipality may regulate cannabis establishments within the municipality, including, but not limited to, adoption of the following types of regulations and restrictions. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
1. Land use regulations. A municipality may adopt an ordinance providing land use regulations applicable to cannabis establishments within the municipality.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
Terms Used In Maine Revised Statutes Title 28-B Sec. 401
- Applicant: means a person that submits an application for a license under this chapter to the department for review that the department has not yet approved or denied. See Maine Revised Statutes Title 28-B Sec. 102
- Cannabis: includes cannabis concentrate but does not include hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D or a cannabis product. See Maine Revised Statutes Title 28-B Sec. 102
- Cannabis establishment: means a cultivation facility, a products manufacturing facility, a testing facility, a cannabis store or a sample collector licensed under this chapter. See Maine Revised Statutes Title 28-B Sec. 102
- Licensee: means a person licensed pursuant to this chapter to operate a cannabis establishment. See Maine Revised Statutes Title 28-B Sec. 102
- Municipality: means a city, town or plantation in this State that is not located within the unorganized and deorganized areas. See Maine Revised Statutes Title 28-B Sec. 102
- Sample: means :
A. See Maine Revised Statutes Title 28-B Sec. 102Sample collector: means a person licensed under this chapter to collect samples of cannabis and cannabis products for testing and to transport and deliver those samples to a testing facility for testing. See Maine Revised Statutes Title 28-B Sec. 102
2. General authorization or limitation of cannabis establishments. A municipality may adopt an ordinance generally authorizing the operation of some or all types of cannabis establishments within the municipality. A municipality may adopt an ordinance limiting the number of any type of cannabis establishment that may be authorized to operate within the municipality.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
3. Municipal licensing requirements. A municipality may adopt an ordinance providing licensing requirements applicable to cannabis establishments within the municipality, which may include, but are not limited to, provisions establishing a municipal licensing fee schedule pursuant to Title 30?A, section 3702.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
Notwithstanding any provision of law to the contrary, a municipal ordinance regulating cannabis establishments within the municipality adopted pursuant to this subchapter is not subject to the requirements or limitations of Title 7, chapter 6 or 8?F. Nothing in this subchapter may be construed to require an applicant for a sample collector license or a sample collector licensee to seek local authorization prior to the issuance or renewal of an active license. [PL 2019, c. 676, §10 (AMD); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 676, §10 (AMD). PL 2021, c. 669, §5 (REV).