This article establishes the nature, manner, and type of dispensing,
sale, marketing, and distribution of recreational and medical marijuana
in the City of Saco. It is enacted to protect the life, safety and
health of the citizens, and the protective regulations hereunder are
applicable to all properties in the City.
The State of Maine Legislature, pursuant to 22 M.R.S.A. § 2429-D,
has authorized each Maine community to decide whether it will permit
and/or regulate registered dispensaries of marijuana, caregiver retail
stores, marijuana testing facilities and marijuana manufacturing facilities.
This statute was enacted in 2019, and the City has not previously
taken any action pursuant to 22 M.R.S.A. § 2429-D. It intends
this article to be its application of the rights and privileges afforded
the City by that state law. This article is also enacted pursuant
to the legal authority provided by 30-A M.R.S.A. § 3001
which grants the City authority to enact life safety ordinances for
the protection of its citizens. Notwithstanding 1 M.R.S.A. § 302,
the City intends that this article be applied retroactively to January
11, 2021.
All registered dispensaries must complete the application process described in §
135-6 of this Code.
Fees for a registered dispensary shall be established by the
City Council, following a public hearing from time to time.
If any portion of this article is held to be invalid, the remainder
of the article shall remain in full force and effect, it being the
City Council's intention that these provisions be severable to the
greatest extent allowed by law.