The purpose of this article is to regulate the permitting and
operation of adult use marijuana cultivation facilities within the
Town of Bethel, as authorized by the Marijuana Legalization Act, 28-B
M.R.S.A. § 101 et seq., including all regulations or amendments
thereto. The Town reserves the right for additional siting and permit
requirements pursuant to Municipal Home Rule Authority and Title 30-A
M.R.S.A. § 3001 et seq.
As used in this article, the following terms shall have the
meanings indicated:
ADULT USE MARIJUANA CULTIVATION FACILITY or CULTIVATION FACILITY
A facility licensed by the State of Maine to purchase marijuana
plants and seeds from other cultivation facilities; to cultivate,
prepare and package adult use marijuana; to sell adult use marijuana
to products manufacturing facilities, to marijuana stores and to other
cultivation facilities; and to sell marijuana plants and seeds to
other cultivation facilities and immature marijuana plants and seedlings
to marijuana stores.
LICENSE
A license issued by the State of Maine to operate an adult
use marijuana cultivation facility.
PERMIT
A document issued by the Town officially authorizing an applicant
to operate an adult use marijuana cultivation facility.
RESIDENT
A person who is domiciled in the State of Maine.
A person seeking a permit or renewal of a permit issued pursuant
to this article shall submit an application to the Town Clerk on approved
forms provided by the Town. Pursuant to 28-B M.R.S.A. § 402,
an applicant seeking to operate an adult use marijuana cultivation
facility may not submit an application for a license unless the applicant
has been issued a conditional license by the State of Maine to operate
the cultivation facility.
A. The applicant shall present one of the following forms of identification
upon submission of an application to operate a cultivation facility:
(1) A valid State of Maine motor vehicle operator's license.
(2) A current State of Maine identification card.
(3) A United States military identification card.
(4) A valid passport or Nexus card.
B. The applicant shall provide the following information for all persons
having a ten-percent financial interest or more in the cultivation
facility.
(1) Name, address, and date of birth.
(2) Acknowledgment and consent that the State of Maine has conducted
a background investigation, including a criminal history check.
(3) Proof of lawful residence. Proof of lawful residence may be made
by providing two of the following documents:
(a)
A valid State of Maine motor vehicle operator's license.
(b)
A valid State of Maine motor vehicle registration.
(c)
A valid State of Maine fishing or hunting license.
(d)
Voter's registration card.
(e)
A current invoice from a utility company.
C. The applicant shall provide sufficient documentation to demonstrate
ownership of the proposed permitted premises or possession or entitlement
to possession of the premises pursuant to a lease, rental agreement
or other arrangement.
Any licensee who has requested a permit and has been denied,
or whose permit has been revoked or suspended, may, within 30 days
of the denial, suspension, or revocation, appeal the decision to the
Town of Bethel Board of Appeals. The Board of Appeals may grant or
reinstate the permit if it finds that the denial, revocation, or suspension
was arbitrary or capricious, or that the denial, revocation, or suspension
was not based on sufficient evidence or on a violation of any ordinance,
article, bylaw, or rule or regulation of the Town of Bethel.
Regulations pertaining to this article shall comply with Title
28-B, including all regulations or amendments thereto.
Every operator of a cultivation facility shall allow law enforcement
and code enforcement officers to enter the premises at reasonable
times for the purpose of investigating compliance with this article.
In the event the State of Maine adopts any additional or stricter
laws or regulations governing adult use marijuana cultivation facilities,
compliance with any applicable state law or regulation shall be deemed
an additional requirement for issuance or denial of any permit under
this article. Furthermore, any noncompliance with any applicable state
law or regulation shall be grounds for revocation or suspension of
any permit issued hereunder.
This article may be amended by the Town after proper notice
and Town Meeting. Amendments shall take effect seven days after passed
by Town vote and remain in effect until further amended or repealed.
If any provision of this article is determined invalid by a
court of competent jurisdiction, such determination shall not render
invalid the remaining portions of the article.
For the purposes of permitting a cultivation facility, this
article becomes effective immediately upon approval by Town vote.