An Act To Clarify a Municipality's Authority To Adopt and Enforce Land Use Regulations for Marijuana Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4362 is enacted to read:
§ 4362. Marijuana facilities
1. Definition. As used in this section, "marijuana facility" includes, without limitation:
A. A registered dispensary and a registered nonprofit dispensary as defined in Title 22, section 2422, subsection 10;
B. A facility owned or operated by a marijuana collective as defined in Title 22, section 2422, subsection 1-A;
C. A facility owned or operated by a primary caregiver as defined in Title 22, section 2422, subsection 8-A or a registered primary caregiver as defined in Title 22, section 2422, subsection 11, when the facility houses a single primary caregiver whose facility exceeds the municipality's definition of a home occupation, or by 2 or more primary caregivers; and
D. A retail marijuana establishment as defined in Title 7, section 2442, subsection 36 and a retail marijuana social club as defined in Title 7, section 2442, subsection 39.
2. Regulation. A municipal ordinance or regulation may not conflict with or be more restrictive than state law with respect to an individual's use, possession or transportation of medical or recreational marijuana. Pursuant to and in accordance with the authority provided under this chapter and municipal home rule authority not expressly limited by this subsection, a municipality may adopt and enforce land use regulations that apply to marijuana facilities that grow, process, package, distribute, sell or provide medical or recreational marijuana in the same regulatory manner as any other activities generating similar land use and compatibility effects.
3. Scope. This section may not be interpreted to limit the scope of municipal authority to regulate recreational marijuana as governed by Title 7, chapter 417 or to expand the scope of municipal authority to regulate medical marijuana as governed by Title 22, chapter 558-C.
summary
This bill provides that a municipal ordinance or regulation may not conflict with or be more restrictive than state law with respect to an individual's use, possession or transportation of medical or recreational marijuana. It further provides that a municipality may adopt and enforce land use regulations that apply to marijuana facilities that grow, process, package, distribute, sell or provide medical or recreational marijuana in the same regulatory manner as any other activities generating similar land use and compatibility effects.