Marijuana Resources

This resource area is informational purposes. It is not meant, nor should it be relied upon, as legal advice in any particular situation. The information herein is not a substitute for consultation with legal counsel or other specific guidance on the subject. The documents, media reports and statutes are only current as of the dates of publication.

Updates 

September 26, 2017 - Testimony of the Maine Municipal Association In Support of LR 2395 - "An Act To Amend The Marijuana Legalization Act"

Marijuana Legislative Update, Public Hearing on September 26

MMA’s State & Federal Relations Department is updating members on LR 2395, An Act to Amend the Marijuana Legalization Act, and is surveying members about various aspects of the bill. Furthermore, the bill is scheduled for a legislative hearing on Tuesday, Sept. 26 at 9 a.m. in the Appropriations and Financial Affairs Committee Room at the State House in Augusta. Municipal attendance is encouraged and the SFR Department offers guidance on how to submit written comments and/or participate at the hearing.

 

New Sample Marijuana Moratorium Ordinance Available

MMA’s Legal Services staff has prepared a new and improved version of our sample Moratorium Ordinance Regarding Retail Recreational Marijuana.

Like the original, the new version temporarily (for 180 days) prohibits the licensing, location and operation of retail marijuana establishments, including retail stores, cultivation, manufacturing and testing facilities, and retail marijuana social clubs. But the new version also applies to any “retail recreational marijuana activity,” which is meant to cover schemes that may not strictly meet the statutory definition of retail marijuana establishments or social clubs.

The new version also clarifies that it takes effect immediately upon adoption by the municipal legislative body (town meeting or town or city council), may be extended by the municipal officers (selectmen or councilors) for additional 180-day periods, and applies to all applications for local licenses and permits, whether or not pending or in process at the time of adoption.

We recommend our new and improved marijuana moratorium because the new version is much clearer and more comprehensive. Even municipalities that have adopted the old version may want to adopt the new one rather than extending the old one (in which case, a new vote by the legislative body will be required). 

Download: MMA Sample Moratorium Ordinance Regarding Retail Recreational Marijuana (7/25/17)


 

State Resources

Recreational Marijuana ballot initiative enacted by voters November 2016 (from Maine Secretary of State’s website)
PL 2017, ch. 1 (Emergency legislation enacted 1/27/17 amending initiated law)
 

Maine Townsman Legal Notes

“Legal Marijuana and Municipalities,” December, 2016
“Moratoriums on Marijuana,” January, 2017
“Parts of Marijuana Law Delayed Until Feb. 2018,” February, 2017 

Ordinances

Houlton Recreational Marijuana Ordinance
Houlton Odor Mitigation Ordinance
MMA Sample Ordinance Prohibiting Retail Marijuana Establishments
MMA Sample Moratorium Ordinance Regarding Retail Recreational Marijuana (7/25/17)
Lamoine Ordinance (Based on MMA Model)

 

 

Events & Training

July 26, 2017 & October 25, 2017 - Maine Department of Labor - Impairment Detection Training for Employers
This training session is designed to help owners, managers and supervisors recognize and respond appropriately to employee impairment in the workplace in order to reduce worker accidents and injuries. Participants will be taught procedures to detect impairment regardless of the substance used or physical conditions such as illness, fatigue etc. that might be the cause. This class is designed to fulfill the federal DOT requirements for reasonable suspicion training of supervisors. In addition, participants will learn how to develop and implement policies that address impairment in the workplace and are in compliance with Maine’s Substance Abuse Testing Law. Class runs 8:30 a.m.–3:30 p.m

Click here for details
 

November 15, 2017 - MMA Special Event - Marijuana in Maine: Legal and Legislative Updates
Now that the recreational use of marijuana is permitted in Maine, via a citizen initiated law that allows for a great deal of “home rule” decision making, issues are swirling about regulating retail and growing operations. This three-hour program is two workshops in one: MMA legal staff will offer updates and advice in several topic areas, including zoning, land-use and retail regulation; MMA legislative advocates will discuss the status of laws and regulations regarding marijuana sales and manufacturing. Please join key MMA staff for this interactive program to learn the latest about legal marijuana, ask questions and share concerns.

Click here for details

 

Other Guidance

Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention - Chapter 122 - Rule Governing the Maine Medical Use of Marijuana Program

MMA Comments on Chapter 122: Rule Governing the Maine Medical Marijuana Program

Recreational Marijuana Presentation, presented 2/28/2017 by Edward “Ted” Kelleher, Esq., and Amy Tchao, Esq., of Drummond Woodsum.

The Town of Rockport recently had a public forum on this subject. View video

Summary of the Marijuana Legalization Act (City of Hallowell)

Sections of MLA Most Relevant to Municipalities (City of Hallowell)

 

Media Coverage

Emergency bill closing medical marijuana loophole signed into law - Portland Press Herald, June 29, 2017

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