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.

Maine Legislature Overrides Veto of Retail Marijuana Law

The Maine Legislature today voted to override Governor LePage’s veto of LD 1719, “An Act to Implement a Regulatory Structure for Adult Use Marijuana.” This is good news for municipalities eager for some certainty on what they’ll be dealing with when retail (“adult use”) marijuana establishments come to town. 

The Act makes significant changes to the existing Marijuana Legalization Act. It details state licensing procedures and criteria, as well as operational standards that must be followed by marijuana cultivation facilities, products manufacturing facilities, testing facilities, and retail stores. Anyone wishing to operate one of these facilities must first obtain a conditional state license and then receive approval from the local municipality before returning to the state for final approval. Municipal approval cannot be granted unless the municipality has adopted a town meeting article or ordinance allowing some or all types of marijuana establishments within the municipality. This essentially creates an opt-in arrangement for municipalities—meaning that no retail marijuana establishments may be located in a town unless that town has affirmatively voted to allow them. 

The Act gives municipalities broad latitude in regulating marijuana establishments. They may forbid or limit the number of any particular type of marijuana establishment. They may instead choose to adopt land use and licensing regulations and implement application fees. Marijuana establishments may not be located within 1,000 feet of a preexisting public or private school, but that distance may be reduced by ordinance to as little as 500 feet. 

As a practical matter, licenses will not be available until licensing regulations are in place. This is anticipated not to occur until at least the end of summer 2018.