Maine Revised Statutes Title 22 Sec. 2429-D – Local regulation
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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 registered caregivers, caregiver retail stores operating pursuant to section 2423?A, subsection 2, paragraph P, registered dispensaries, cannabis testing facilities and manufacturing facilities. [PL 2019, c. 217, §5 (AMD); PL 2021, c. 669, §5 (REV).]
A municipality may not: [PL 2017, c. 452, §18 (NEW).]
1. Registered caregivers. Prohibit or limit the number of registered caregivers;
[PL 2017, c. 452, §18 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2429-D
- Caregiver: means a person or an assistant of that person that provides care for a qualifying patient in accordance with section 2423?A, subsection 2. See Maine Revised Statutes Title 22 Sec. 2422
- dispensary: means an entity registered under section 2425?A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses cannabis plants or harvested cannabis or related supplies and educational materials to qualifying patients and the caregivers of those patients. See Maine Revised Statutes Title 22 Sec. 2422
- manufacturing: means the production, blending, infusing, compounding or other preparation of cannabis concentrate and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis. See Maine Revised Statutes Title 22 Sec. 2422
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
2. Stores, dispensaries, testing and manufacturing facilities. Prohibit caregiver retail stores, registered dispensaries, cannabis testing facilities and manufacturing facilities that are operating with municipal approval in the municipality prior to the effective date of this section. For purposes of this subsection, “municipal approval” means an examination and approval of the store, dispensary or facility for the use of the premises consistent with conduct authorized under this chapter, including, but not limited to, a conditional use approval or site plan approval. “Municipal approval” does not include issuance of a building, electrical or other similar permit or authorization that does not address the use of the structure or facility for which the permit or authorization is issued; or
[PL 2019, c. 217, §5 (AMD); PL 2021, c. 669, §5 (REV).]
3. Municipal authorization needed. Authorize caregiver retail stores, registered dispensaries, cannabis testing facilities and manufacturing facilities that are not operating on the effective date of this section to operate in the municipality unless the municipal legislative body, as defined in Title 30?A, section 2001, subsection 9, has voted to adopt or amend an ordinance or approve a warrant article allowing caregiver retail stores, registered dispensaries, cannabis testing facilities or manufacturing facilities, as applicable, to operate within the municipality.
[PL 2019, c. 217, §5 (AMD); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 452, §18 (NEW). PL 2019, c. 217, §5 (AMD). PL 2021, c. 669, §5 (REV).