Adult Use Marijuana Rules Passed

The Maine Office of Marijuana Policy has adopted final rules regarding the cultivation, manufacture, sale and use of adult use marijuana in Maine. These rules will take effect on December 6, 2019. Municipalities that have been holding off on passing marijuana-related ordinances while awaiting the adult use rules may find this a good time to restart the process. However, the law remains that adult use marijuana facilities may not locate in a community that has not “opted in” to adult use marijuana by passing a town meeting article or ordinance to allow them in some or all areas of towns. For facilities looking to locate in towns that have already opted in, applications for state licenses will be available starting December 5, 2019.

Here is a link to the adopted rules.

“Opt In” Begins for Medical Marijuana Stores

December 13 was the effective date for bills passed by the 128th Legislature, including LD 1539, An Act to Amend Maine’s Medical Marijuana Law. Prior to this amendment, medical marijuana stores had gotten around the five-patient limit by eliminating one patient from their roster when the next one walked through the door. The law now formally allows medical marijuana caregivers to serve an unlimited number of patients, eliminating the need for them to maintain these “rolling rosters.” The law also specifically prevents medical marijuana storefronts from locating in a municipality unless that municipality has affirmatively passed a zoning or other ordinance which specifically allows them.

If a municipality already has one or more medical marijuana storefronts which are operating with some type of land use approval, the law does not allow that municipality to now prohibit those particular stores. However, new stores and existing stores operating without municipal approval will not be considered legal unless and until the municipality “opts in” by enacting an ordinance to allow them. We are working with many of our municipal clients to develop licensing and zoning ordinance provisions to address both adult use and medical marijuana establishments now that we have a solid legislative framework governing the scope of municipal authority.