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Posted on: September 5, 2018

Medical Marijuana Moratorium Ordinance approved by Council 9/4/18

At their meeting on September 4, 2018, the Bar Harbor Town Council approved the following Moratorium Ordinance regarding Medical Marijuana Retail Stores and Medical Marijuana Testing Facilities and Medical Marijuana Manufacturing Facilities.  The ordinance goes into effect October 4, 2018 and lasts 180 days.  

 

MUNICIPALITY OF BAR HARBOR

MORATORIUM ORDINANCE REGARDING 

MEDICAL MARIJUANA RETAIL STORES AND MEDICAL MARIJUANA TESTING FACILITIES AND MEDICAL MARIJUANA MANUFACTURING FACILITIES 

The Bar Harbor Town Council makes the following findings:

  1. WHEREAS, the Maine Medical Use of Marijuana Act authorizes registered caregivers to possess, cultivate, and transfer medical marijuana to qualifying patients, as those terms are defined by 22 M.R.S. § 2422; and
  2. WHEREAS, on July 9, 2018, the Maine Legislature enacted PL 2017, c. 452 (LD 1539), An Act to Amend Maine’s Medical Marijuana Law, (the “Law”) which includes express authorization for registered caregivers to operate retail stores for the sale of harvested medical marijuana to qualifying patients; and
  3. WHEREAS, the Law includes express authorization for a marijuana testing facility to receive and possess medical marijuana and medical marijuana products samples from qualifying patients, caregivers, dispensaries and manufacturing facilities to provide testing; and
  4. WHEREAS, the Law includes express authorization for a registered marijuana manufacturing facility to manufacture marijuana products and marijuana concentrates for medical use; and
  5. WHEREAS, the Law which expressly recognizes municipal home rule authority to regulate registered caregiver operations; and
  6. WHEREAS, the unregulated location and operation of medical marijuana retail stores, medical marijuana testing facilities, and medical marijuana manufacturing facilities within Bar Harbor raises legitimate and substantial questions about the impact of such activities on the Town, including questions as to compatibility with existing land uses and developments in Bar Harbor; the sufficiency of municipal infrastructure to accommodate such activity; and the possibility of unlawful sale, testing, and manufacturing of medical marijuana and medical marijuana products; and
  7. WHEREAS, as a result of the foregoing issues, the location and operation of medical marijuana retail stores, medical marijuana testing facilities, and medical marijuana manufacturing facilities within Bar Harbor have potentially serious implications for the health, safety and welfare of the Town and its residents; and
  8. WHEREAS, Bar Harbor currently has no regulations governing medical marijuana retail stores, medical marijuana testing facilities, and medical marijuana manufacturing facilities and its existing ordinances are insufficient to prevent serious public harm that could result from the unregulated development of medical marijuana retail stores, medical marijuana testing facilities, and medical marijuana manufacturing facilities; and
  9. WHEREAS, overburdening of public facilities and resources, including public safety resources, is a reasonably foreseeable result of the unregulated location and operation of medical marijuana retail stores, medical marijuana testing facilities, and medical marijuana manufacturing facilities in Bar Harbor.

NOW THEREFORE, pursuant to 30-A M.R.S. § 4356, be it ordained by the Town of Bar Harbor as follows:

Section 1. Moratorium. The Town of Bar Harbor hereby declares a moratorium on the location, operation, permitting, approval, or licensing of any and all medical marijuana retail stores, medical marijuana testing facilities, and medical marijuana manufacturing facilities within the Town.

No person or organization shall develop or operate a medical marijuana retail store, marijuana testing facility, or medical marijuana manufacturing facility within Bar Harbor on or after the effective date of this Ordinance. During the time this Ordinance is in effect, no officer, official, employee, office, administrative board or agency of the Town shall accept, process, approve, deny, or in any other way act upon any application for a license, building permit, any other type of land use approval or permit and/or any other permits or licenses related to a medical marijuana retail store, medical marijuana testing facility, or medical marijuana manufacturing facility.

Section 2. Definitions.  For purposes of this ordinance, the term “medical marijuana retail store” means an establishment having the attributes of a typical retail establishment, such as, but not limited to, signage, regular business hours, accessibility to the public, and sales directly to the consumer of the product, including, but not limited to a “retail establishment”, “gift shop”, “grocery store”, “commercial structure”, “commercial garden, greenhouse or nursery”, “wholesale business establishment”, “roadside stand”, “farmers market”, and “retail business establishment not otherwise listed”, that is used by a registered caregiver to offer harvested medical marijuana for sale to qualifying patients.

For purposes of this ordinance, the term “medical marijuana testing facility” means an establishment having the attributes of a typical research and testing facility, such as, but not limited to, propagation, maintenance and distribution of biological materials and the storage and use of laboratory and other scientific research equipment, including, but not limited to a “research facility”, “research production facility”, “professional office building”, “nonresidential facility for education and scientific purposes”, “services”, and “eleemosynary institution”, that is used to receive and possess medical marijuana and medical marijuana products samples from qualifying patients, caregivers, dispensaries and manufacturing facilities to provide testing.

For purposes of this ordinance, the term “medical marijuana manufacturing facility” means an establishment having the attributes of a typical manufacturing facility, such as, but not limited to, the storage and use of fabrication and processing materials and equipment, including, but not limited to a “food processing establishment”, “food processing facility”, “light manufacturing/assembly plant”, and “other processing and manufacturing facility”, that is used to manufacture marijuana products and marijuana concentrates for medical use.

Section 3. Pending Proceedings. Notwithstanding 1 M.R.S. § 302 or any other law to the contrary, this Ordinance shall govern any proposed medical marijuana retail store, any proposed medical marijuana testing facility, and any proposed medical marijuana manufacturing facility for which an application for a building permit, certificate of occupancy, site plan or any other required approval has been submitted to the Town of Bar Harbor, whether or not a pending proceeding, prior to the enactment of this Ordinance.

Section 4. Conflicts/Savings Clause. Any provisions of the Town’s existing ordinances that are inconsistent or conflicting with the provisions of this Ordinance are hereby repealed to the extent applicable for the duration of this moratorium. If any section or provision of this Ordinance is declared by any court of competent jurisdiction to be invalid, such a declaration shall not invalidate any other section or provision.

Section 5. Violations. If any medical marijuana retail store, any medical marijuana testing facility, or any medical marijuana manufacturing facility is established in violation of this Ordinance, each day of any continuing violation shall constitute a separate violation of this Ordinance and the Municipality shall be entitled to all rights and remedies available to it pursuant to 30-A M.R.S. § 4452, including, but not limited to, fines and penalties, injunctive relief, and its reasonable attorney’s fees and costs in prosecuting any such violations.

Section 6. Effective Date. This Ordinance shall become effective at the expiration of 30 days after adoption, and shall remain in full force and effect for a period of 180 days thereafter, unless extended pursuant to law or until a new and revised set of regulations is adopted by the Town of Bar Harbor, whichever shall first occur.

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