[Adopted 5-15-2019 ATM,
Art. 19]
The purpose of this article is to provide for and regulate the
issuance of licenses for marijuana businesses as defined in this article
and by the State of Maine under the Marijuana Legalization Act, 28-B
M.R.S.A. § 101 et seq. and the Maine Medical Use of Marijuana
Act, 22 M.R.S.A. § 2421 et seq., as may be amended.
This article is adopted pursuant to the authority granted by
28-B M.R.S.A. § 101 et seq., as may be amended, 22 M.R.S.A.
§ 2421 et seq., as may be amended, and the Town's home rule
authority under Chapter VIII, Part 2, Section 1 of the Maine Constitution.
As used in this article, the following words and phrases shall
have the meanings ascribed to them in this section.
As that term is defined in 28-B M.R.S.A. § 102(1),
as may be amended.
As that term is defined in 28-B M.R.S.A. § 102(2),
as may be amended.
A person that has submitted an application for licensure
as a marijuana business pursuant to this article.
The planting, propagation, growing, harvesting, drying, curing,
grading, and trimming or other processing of marijuana for use or
sale. It does not include manufacturing.
The plant material harvested from a mature marijuana plant,
except the stalks, leaves and roots of the plant that are not used
for a qualifying patient's medical use. "Harvested marijuana" includes
marijuana concentrate and marijuana products.
The premises specified in an application for a license pursuant
to this article that are owned or in possession of the licensee and
within which the licensee is authorized to cultivate, manufacture,
distribute, sell, or test adult use marijuana, adult use marijuana
products, medical marijuana or medical marijuana products in accordance
with the provisions of this article and the requirements of state
law and regulations.
A person licensed pursuant to this article.
The production, blending, infusing, compounding or other
preparation of marijuana products, including, but not limited to,
marijuana extraction or preparation by means of chemical synthesis.
It does not include cultivation.
Leaves, stems, flowers and seeds of a marijuana plant, whether
growing or not. "Marijuana" includes marijuana concentrate.
A marijuana cultivation facility, a marijuana products manufacturing
facility, or a marijuana testing facility. The term "marijuana business"
does not include registered caregiver retail stores.
The resin extracted from any part of a marijuana plant and
every compound, manufacture, salt, derivative, mixture or preparation
from such resin, including, but not limited to, hashish. In determining
the weight of marijuana concentrate in a marijuana product, the weight
of any other ingredient combined with marijuana to prepare a marijuana
product may not be included.
A facility licensed to cultivate, prepare and package adult
use and/or medical marijuana and to sell adult use and medical marijuana
to marijuana manufacturing facilities, marijuana stores, and other
cultivation facilities. A marijuana cultivation facility is not authorized
as an accessory use, and only where expressly allowed as a permitted
or conditional use.
A facility licensed to purchase adult use and/or medical
marijuana from a marijuana cultivation facility or another marijuana
products manufacturing facility; to manufacture, label and package
adult use and/or medical marijuana products; and to sell adult use
and/or medical marijuana products to other marijuana products manufacturing
facilities and to registered caregiver retail stores.
A medical marijuana testing facility or adult use marijuana
testing facility, as described within this definition. A marijuana
testing facility is not authorized as an accessory use:
ADULT USE MARIJUANA TESTING FACILITYA facility licensed under this article to develop, research and test adult use marijuana, marijuana products and other substances.
MEDICAL MARIJUANA TESTING FACILITYA public or private laboratory that:
Is authorized in accordance with 22 M.R.S.A. § 2423-A,
Subsection 10, to analyze contaminants in and the potency and cannabinoid
profile of samples; and
Is accredited pursuant to standard ISO/IEC 17025 of the International
Organization for Standardization by a 3rd-party accrediting body or
is certified, registered or accredited by an organization approved
by the State of Maine.
The medical use of marijuana, with the term "medical use"
as defined in 22 M.R.S.A. § 2422(5), as may be amended.
A person whose beneficial interest in a marijuana business
is such that the person bears risk of loss other than as an insurer,
has an opportunity to gain profit from the operation or sale of a
marijuana business and has a controlling interest in a marijuana business.
A natural person, partnership, association, company, corporation,
limited-liability company or organization or a manager, agent, owner,
director, servant, officer or employee thereof. "Person" does not
include any governmental organization.
A person who has been a resident of the state for at least
30 days and who possesses a valid written certification regarding
medical use of marijuana in accordance with 22 M.R.S.A. § 2423-B.
A person or an assistant of that person that provides care
for a qualifying patient and who is registered by the State of Maine
pursuant to 22 M.R.S.A. § 2425-A.
A facility operated by a single medical marijuana registered
caregiver and licensed to sell harvested marijuana to qualifying patients
for the patients' medical use and may include an area for consultation
with patients.
Any license, registration or certification issued by the
state licensing authority.
The authority (or authorities) created by the state for the
purpose of regulating and controlling the licensing of the cultivation,
manufacture, distribution, testing and sale of adult use marijuana,
adult use marijuana products, medical marijuana and/or medical marijuana
products in this state.
The Selectboard shall only issue a limited number of marijuana business licenses in accordance with this article. Licenses are apportioned for each category of activity where allowed in the land use code, § 225-16.
A.
Number of licenses allowed per use: The Selectboard is authorized
to issue the following marijuana business licenses:
(1)
Marijuana cultivation facility:
(a)
Tier 1 < 30 plants, < 500 square feet of plant canopy: maximum of two licenses.
(b)
Tier 2 > 501 square feet > 2,000 square feet of plant canopy: maximum of two licenses.
(c)
Tier 3 > 2,001 square feet < 7,000 square feet of plant canopy: maximum of two
licenses.
(d)
Tier 4 > 7,001 square feet < 20,000 square feet of plant canopy: maximum of two
licenses.
(e)
Nursery < 1,000 square feet of plant
canopy: maximum of two licenses.
(2)
Marijuana products manufacturing facility: maximum of six licenses.
(3)
Marijuana testing facility: maximum of 10 licenses.
B.
Number of licenses allowed per business: The Selectboard shall issue
no more than one marijuana business license per business/individual/owner
for each category of business activity.
C.
Prioritization of license review.
(1)
Marijuana businesses that were operating with Town approval prior
to December 13, 2018, shall have a priority of review for license
issuance by the Selectboard, provided that the owner/operator of the
business submits a completed application for a license within 19 days
of enactment of this article. Such businesses shall be included in
the maximum number of licenses permitted in each category.
(2)
Any change in ownership or change in officers of an owner of an existing
marijuana business license shall have a priority of review to maintain
the issued license, provided that a completed license application
is submitted prior to the change of ownership.
Marijuana businesses are permitted pursuant to a license issued by the Selectboard and subject to the requirements and restrictions of this article and Chapter 225 of this Code.
A.
No marijuana business shall be established or operated within the Town without first receiving and then maintaining all approvals required under this Code, including, but not limited to, this article and Chapter 225 of the Code.
B.
No marijuana business shall conduct any activity for which it has
not received any required state license and marijuana business license.
A.
State license. Marijuana businesses shall not operate until they
receive all necessary state licenses and all other necessary approvals.
Pursuant to 28-B M.R.S.A. § 402, an applicant seeking to
operate an adult use marijuana business may not submit an application
for a marijuana business license unless the applicant has been issued
a conditional license by the State of Maine to operate the marijuana
business.
B.
Business license. A marijuana business license issued under the provisions
of this article is required for any marijuana cultivation facility,
marijuana products manufacturing facility, or marijuana testing facility.
No person shall operate a marijuana business, nor shall any property
owner permit the use of his or her premises to be operated as a marijuana
business, without a valid license issued by the Town.
A.
Licensing procedures.
[Amended 6-2-2021 STM by Art. 10]
(1)
Applications shall be reviewed in the order they are received and
determined to be complete. After a completed application packet and
fee is received by the Town Clerk, the Clerk will review the information
and will contact the applicant if clarifications or updates to the
submitted application materials are needed. The Clerk will notify
the applicant whether they have met the standards necessary to be
invited to be reviewed by the Topsham Board of Selectmen.
(2)
The initial application for a license shall be processed by the Town Clerk but shall be reviewed by the Topsham Board of Selectmen. Applications shall be made on a form prepared by the Town and must include all information required by § 150-11 of this article and by the form.
(3)
In the event that the Town Clerk determines that a submitted application
is not complete, the Town Clerk shall notify the applicant within
10 business days that the application is not complete and shall inform
the applicant of the additional information required to process the
application.
(4)
The Town Clerk shall order background checks of each applicant and
renewal applicant. If the applicant is a business entity, every officer,
director, manager and general partner of the business entity is required
to submit to a criminal history record check. Failure to submit required
releases for a background check is grounds for denial of a license.
The cost of the background check shall be borne by the applicant above
and beyond the application fee.
(5)
Public hearing. A public hearing on an application for a license shall be scheduled after receipt of a completed application pursuant to § 150-11. The Town Clerk shall post and publish public notice of the hearing not less than seven days prior to the hearing.
(6)
A renewal application shall be subject to the same review standards
and fees as applied to the initial issuance of the license. Public
notification and comment period shall be conducted 14 days prior to
any license renewal issuance. As part of the renewal process, the
Town Clerk shall conduct a full staff review to determine if any changes
in operation or compliance from prior years have occurred or are proposed,
and based upon that review, may refer action on a renewal application
to the Town Board of Selectmen for public hearing and action.
(7)
Applications received after the maximum number of licenses has been
issued shall be placed on a waiting list at the request of the applicant.
Following termination of an existing license, the Board of Selectmen
shall consider applications in order from the waitlist.
B.
Responsibilities and review authority.
(1)
The Town Clerk shall be responsible for the initial investigation
of the application to ensure compliance with the requirements of this
article. The Town Clerk shall consult with other Town Departments
and any appropriate state licensing authority as part of this investigation.
(2)
The Selectboard shall have the authority to impose any conditions
on a license that may be necessary to insure compliance with the requirements
of this article or to address concerns about operations that may be
resolved through the conditions. The failure to comply with such conditions
shall be considered a violation of the license.
(3)
No marijuana business license shall be granted by the Selectboard
until the Police Chief, the Fire Chief, the Health Inspector, and
the Planning and Code Enforcement Office have all made a positive
recommendation upon the applicant's ability to comply with this article.
Whenever inspections of the premises used for or in connection with
the operation of a licensed business are provided for or required
by ordinance or state law, or are reasonably necessary to secure compliance
with any ordinance provision or state law, it shall be the duty of
the applicant or licensee, or the person in charge of the premises
to be inspected, to admit any officer, official, or employee of the
Town authorized to make the inspection at any reasonable time that
admission is requested.
C.
Confidentiality. Medical marijuana registered caregivers and other
applicants submitting applications and supporting information that
is confidential under 22 M.R.S.A. § 2425-A(12), as may be
amended, and the Maine Freedom of Access Act, 1 M.R.S.A. § 403(3)(F),
shall mark such information as confidential.
Fees for a marijuana business license shall be as set forth
in the Schedule of License, Permit, Inspection and Application Fees
established by Selectboard order and shall be paid annually.
A.
Application required. Each applicant for a marijuana business license shall complete and file an application on a form prescribed by the Town Clerk, together with a license fee as required by § 150-10 of this article and as specified in the Schedule of License, Permit, Inspection and Application Fees, together with the following submissions:
(1)
If a state license is required for the proposed use, a copy of the
applicant's state license application and supporting documentation
as filed with the state licensing authority, and any amendments thereto.
(2)
Evidence of all state approvals or conditional approvals required
to operate a marijuana business, including, but not limited to, a
state license as defined by this article, a state retail certificate,
or a state health license.
(3)
If not included in the applicant's state license application, attested
copies of the articles of incorporation and bylaws if the applicant
is a corporation, operating agreement if the applicant is a limited-liability
company, evidence of partnership if the applicant is a partnership,
or articles of association and bylaws if the applicant is an association.
(4)
If not included in the applicant's state license application, an
affidavit that identifies all owners, officers, members, managers,
or partners of the applicant, their ownership interests, and their
places of residence at the time of the application and for the immediately
preceding three years.
(5)
Evidence of a property interest in the premises in which the marijuana
business will be located, along with the written consent of the owner
of the premises for such use if the applicant is not the owner.
(6)
A description of the premises for which the local license is sought,
including a floor plan of the premises showing how the floor space
is or will be used, parking for the premises, total floor area of
the building(s), and the nature and location of any existing or proposed
exterior lighting and signage.
(7)
A copy of the applicant's security plan and operations manual.
A separate license must be obtained for each marijuana business
located on the same premises. Each license shall be effective for
a period of one year from the date of its issuance. A license must
be obtained prior to the opening of a marijuana business. Applications
for renewal licenses shall be submitted at least 90 days prior to
expiration of the existing term. Any licensee that fails to submit
a renewal application by the applicable deadline shall not have authority
to operate until a new license is granted and may lose priority in
the issuance of license if the maximum number of licenses has been
issued.
A.
A marijuana business license under this article shall be denied to
the following persons:
(1)
A person who fails to meet the requirements of this article. Where
an applicant is an entity rather than a natural person, all natural
persons with an ownership interest shall meet the requirements.
(2)
A person who has had a license for a marijuana business revoked by
the Town or by the state.
(3)
An applicant who has not acquired all necessary state approvals and
other required local approvals prior to the issuance of a local license.
B.
The Town may suspend or revoke a license for any violation of this article, Chapter 225 or any other applicable building and life safety code requirements. The Town may suspend or revoke a license if the licensee has a state license for a marijuana business suspended or revoked by the state. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.
The licensee shall comply with all of the following requirements
during the term of the local license:
A.
Display of license. The current local license shall be displayed
at all times in a conspicuous location within the licensed premises.
B.
Compliance with other laws. A marijuana business shall meet all operating
and other requirements of state and local law and regulation. To the
extent the State of Maine has adopted or adopts in the future any
stricter law or regulation governing marijuana business, the stricter
law or regulation shall control.
C.
Location.
(1)
All licensed premises shall be fixed, permanent locations. Licensees
shall not be permitted to operate marijuana businesses in temporary
locations such as mall kiosks or farm stands.
(2)
No marijuana business shall be located within 1,000 feet of the entrance
of a preexisting public or private school. For the purposes of this
article, "school" includes a public school, private school, or public
preschool program as defined in 20-A M.R.S.A. § 1, or any
other educational facility that serves children from prekindergarten
to grade 12. Distance shall be measured in a straight line, without
regard to intervening structures or objects, from the nearest entrance
of the school to the nearest entrance of the marijuana business.
(3)
No marijuana business shall be located such that the nearest entrance
to the facility is any closer than 1,000 feet, measured in a straight
line, without regard to intervening structures or objects, to the
nearest entrance of another marijuana business or registered caregiver
retail store located on a separate parcel of land.
(4)
No marijuana business shall be located inside a building containing
residential units, including transient housing such as lodging, group
homes, hotels, motels, and boardinghouses.
D.
Operating standards:
(1)
No marijuana business is permitted to utilize or provide a drive-up
service window.
(2)
Hours of operation may be established by the Selectboard, but in
no event shall a marijuana business be open to the public, and no
sale or other distribution of marijuana shall occur upon the premises
or via delivery from the premises between the hours of 8:00 p.m. and
8:00 a.m.
(3)
No outside storage is permitted for a marijuana business.
(4)
Outdoor cultivation of marijuana is prohibited.
(5)
A ventilation plan shall be included for marijuana cultivation facilities,
marijuana manufacturing facilities, and marijuana testing facilities
that provides for adequate ventilation so as to prevent pesticides,
insecticides or other chemicals used in the cultivation or processing
of marijuana or marijuana related products from being dispersed or
released outside the premises. The plan shall further provide for
resulting smoke, vapor, fumes, gases and particulate matter from marijuana
or its processing or cultivation to be effectively confined to the
premises.
(6)
Marijuana businesses shall provide odor control measures so that
odor generated on site is mitigated at the property line of the lot
containing the marijuana business. Applications must demonstrate appropriate
measures, such as carbon filtration, ventilation and exhaust systems,
facility plans or other additional practices adequate to mitigate
odors for the scale of operations for the uses proposed.
E.
Advertising/signage:
(1)
Only one on-site sign per marijuana business is allowed.
(2)
Maximum size for all signage shall be 75 square feet, or as permitted by § 225-33, whichever is less.
(3)
Any signage is limited to displaying the following information: name
of business; logogram of business; and business' address, hours of
operation and contact information. Other than the foregoing information,
no advertising for marijuana or marijuana products shall be displayed
on any sign in a publicly visible location.
(4)
Portable signs or sandwich board signs located in the public right-of-way
are prohibited.
(5)
Electronic message center and internally illuminated signs are prohibited.
(6)
Marijuana plants, products, and paraphernalia shall not be visible
from outside the building in which the marijuana business is located.
Licenses issued under this article are not transferable. Any
change in ownership or change in the officers of an owner shall require
a new license. Licenses are limited to the location for which they
are issued and shall not be transferable to a different location.
A licensee who seeks to operate in a new location shall acquire a
new marijuana business license for that location.
Any appeal of a decision of the Town Selectboard shall be to
the Superior Court, in accordance with the requirements of Rule 80B
of the Maine Rules of Civil Procedure.
The operation of any marijuana business without the required marijuana business license or in violation of the requirements of this article shall be a violation of this article. Violations shall be subject to fines and/or penalties under 30-A M.R.S.A. § 4452. Each day of a violation shall constitute a separate violation. Any such fine may be in addition to any suspension or revocation imposed in accordance with the provisions of § 150-13 of this article. In any court action, the Town may seek injunctive relief in addition to penalties. The Town shall be entitled to recover its costs of enforcement, including its attorney's fees.
The provisions of this article are severable, and if any provision
shall be declared to be invalid or void, the remaining provisions
shall not be affected and shall remain in full force and effect.
Except as otherwise specifically provided herein, this article
incorporates by reference the requirements and procedures set forth
in the Maine Marijuana Legalization Act, 28-B M.R.S.A. § 101
et seq. and the Maine Medical Use of Marijuana Act, 22 M.R.S.A. § 2421
et seq., as may be amended. In the event of a conflict between the
provisions of this article and the provisions of the Maine Marijuana
Legalization Act or any other applicable state or local law or regulation,
the more restrictive provision shall control.
This article shall take effect at a date to be determined by
the Board of Selectmen, but no later than January 1, 2020.
