An Act To Protect Children from Marijuana Sales by Prohibiting Retail Marijuana Establishments and Social Clubs near Schools
Maine Legislature, Session 128, LD 0301
Committee: Marijuana Legalization Implementation
Sponsors: HANDY, DIAMOND, BABBIDGE, FARNSWORTH, FULLER, GRANT, LUCHINI, MADIGAN, O'NEIL, TUELL
Amends: 7 MRSA §2447

Legislative Document
No. 301
H.P. 234
House of Representatives, January 31, 2017
An Act To Protect Children from Marijuana Sales by Prohibiting 
Retail Marijuana Establishments and Social Clubs near Schools
(EMERGENCY)
Reference to the Joint Select Committee on Marijuana Legalization Implementation 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HANDY of Lewiston.
Cosponsored by Senator DIAMOND of Cumberland and
Representatives: BABBIDGE of Kennebunk, FARNSWORTH of Portland, FULLER of 
Lewiston, GRANT of Gardiner, LUCHINI of Ellsworth, MADIGAN of Rumford, O'NEIL of 
Saco, TUELL of East Machias.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in November 2016, the citizens of the State by majority vote approved the 
Marijuana Legalization Act, which provides for the legalization of marijuana for 
recreational use and retail sale; and 
Whereas, the Marijuana Legalization Act does not include restrictions on the 
placement and operation of retail marijuana establishments or retail marijuana social 
clubs in close proximity to public and private schools; and 
Whereas, the Marijuana Legalization Act goes into effect January 30, 2017; and 
Whereas, to ensure that restrictions are in place to prevent the placement and 
operation of retail marijuana establishments and retail marijuana social clubs in close 
proximity to public and private schools, this legislation needs to take immediate effect; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §2447, sub-§7, ¶A, as enacted by IB 2015, c. 5, §1, is amended 
to read: 
A.  If the application for the license concerns a location that is the same as or within 
1,000 feet of a location for which, within the 2 years immediately preceding the date 
of the application, the state licensing authority denied an application for the same 
class of license due to the nature of the use or other concern related to the location; or 
Sec. 2.  7 MRSA §2447, sub-§7, ¶A-1 is enacted to read: 
A-1.  If the application is for a license to operate a retail marijuana establishment or a 
retail marijuana social club that is proposed to be located within 2,000 feet of the 
property line of a preexisting school.  For the purposes of this paragraph, "school" 
includes a public school, as defined in Title 20-A, section 1, subsection 24, a private 
school, as defined in Title 20-A, section 1, subsection 22, a public preschool 
program, as defined in Title 20-A, section 1, subsection 23-A or any other 
educational facility that serves children from prekindergarten to grade 12; or 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill restricts the licensing authority of the Department of Agriculture, 
Conservation and Forestry under the Marijuana Legalization Act by prohibiting the 
issuance of a license under that Act to operate a retail marijuana establishment or a retail 
marijuana social club that is to be located within 2,000 feet of the property line of a 
preexisting school.