An Act To Clarify a Municipality's Authority To Adopt and Enforce Land Use Regulations for Marijuana Facilities Reference to the Joint Select Committee on Marijuana Legalization Implementation suggested and ordered printed. HEATHER J.R. PRIEST Secretary of the Senate
Maine Legislature, Session 128, LD 0672
Committee: Marijuana Legalization Implementation
Sponsors: BREEN, ESPLING
Amends: 30-A MRSA §4362

Legislative Document
No. 672
S.P. 234
In Senate, February 28, 2017
An Act To Clarify a Municipality's Authority To Adopt and Enforce 
Land Use Regulations for Marijuana Facilities
Reference to the Joint Select Committee on Marijuana Legalization Implementation 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator BREEN of Cumberland.
Cosponsored by Representative: ESPLING of New Gloucester.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §4362 is enacted to read: 
§4362.  Marijuana facilities 
1.  Definition.  As used in this section, "marijuana facility" includes, without 
limitation: 
A.  A registered dispensary and a registered nonprofit dispensary as defined in Title 
22, section 2422, subsection 10; 
B.  A facility owned or operated by a marijuana collective as defined in Title 22, 
section 2422, subsection 1-A; 
C.  A facility owned or operated by a primary caregiver as defined in Title 22, section 
2422, subsection 8-A or a registered primary caregiver as defined in Title 22, section 
2422, subsection 11, when the facility houses a single primary caregiver whose 
facility exceeds the municipality's definition of a home occupation, or by 2 or more 
primary caregivers; and 
D.  A retail marijuana establishment as defined in Title 7, section 2442, subsection 36 
and a retail marijuana social club as defined in Title 7, section 2442, subsection 39. 
2.  Regulation.  A municipal ordinance or regulation may not conflict with or be 
more restrictive than state law with respect to an individual's use, possession or 
transportation of medical or recreational marijuana.  Pursuant to and in accordance with 
the authority provided under this chapter and municipal home rule authority not expressly 
limited by this subsection, a municipality may adopt and enforce land use regulations that 
apply to marijuana facilities that grow, process, package, distribute, sell or provide 
medical or recreational marijuana in the same regulatory manner as any other activities 
generating similar land use and compatibility effects. 
3.  Scope.  This section may not be interpreted to limit the scope of municipal 
authority to regulate recreational marijuana as governed by Title 7, chapter 417 or to 
expand the scope of municipal authority to regulate medical marijuana as governed by 
Title 22, chapter 558-C. 
SUMMARY 
This bill provides that a municipal ordinance or regulation may not conflict with or 
be more restrictive than state law with respect to an individual's use, possession or 
transportation of medical or recreational marijuana.  It further provides that a 
municipality may adopt and enforce land use regulations that apply to marijuana facilities 
that grow, process, package, distribute, sell or provide medical or recreational marijuana 
in the same regulatory manner as any other activities generating similar land use and 
compatibility effects.