An Act To Make the Distance to Schools for Marijuana Establishments Consistent with the Liquor Laws
Maine Legislature, Session 129, LD 1444
Committee: Veterans and Legal Affairs
Sponsors: MADIGAN, HICKMAN, CHIPMAN, COREY, O'CONNOR, TALBOT ROSS, WARREN, BLACK, JACKSON, MIRAMANT
Amends: 28-B MRSA §402, 28-B MRSA §403, 28-B MRSA §702

Legislative Document
No. 1444
H.P. 1056
House of Representatives, April 2, 2019
An Act To Make the Distance to Schools for Marijuana 
Establishments Consistent with the Liquor Laws
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MADIGAN of Waterville.
Cosponsored by Representative HICKMAN of Winthrop, Senator CHIPMAN of Cumberland 
and Representatives: COREY of Windham, O'CONNOR of Berwick, TALBOT ROSS of 
Portland, WARREN of Hallowell, Senators: BLACK of Franklin, President JACKSON of 
Aroostook, MIRAMANT of Knox.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-B MRSA §402, sub-§2, ¶A, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
A.  The marijuana establishment is proposed to be located within 1,000 300 feet of 
the property line of a preexisting public or private school, except that, if a 
municipality by ordinance or other regulation prohibits the location of marijuana 
establishments at distances less than 1,000 feet but not less than 500 feet from the 
property line of a preexisting public or private school, that lesser distance applies.  
The distance must be measured from the main entrance of the marijuana 
establishment to the main entrance of the public or private school by the ordinary 
course of travel.  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
Sec. 2.  28-B MRSA §403, sub-§2, ¶A, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
A.  The marijuana establishment is proposed to be located within 1,000 300 feet of 
the property line of a preexisting public or private school, except that, if the Maine 
Land Use Planning Commission prohibits the location of marijuana establishments 
within a town, plantation or township at distances less than 1,000 feet but not less 
than 500 feet from the property line of a preexisting public or private school, that 
lesser distance applies.  The distance must be measured from the main entrance of the 
marijuana establishment to the main entrance of the public or private school by the 
ordinary course of travel.  For the purposes of this paragraph, "school" has the same 
meaning as in section 402, subsection 2, paragraph A; or
Sec. 3.  28-B MRSA §702, sub-§1, ¶C, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
C.  May not be placed or otherwise used within 1,000 300 feet of the property line of 
a preexisting public or private school, except that, if a municipality by ordinance or 
other regulation, or, in the case of a town, plantation or township located in the 
unorganized and deorganized areas, the Maine Land Use Planning Commission, 
chooses to prohibit the placement or use of signs or advertising by or on behalf of a 
marijuana establishment at distances greater than or less than 1,000 feet but not less 
than 500 feet from the property line of a preexisting public or private school, that 
greater or lesser distance applies.  The distance must be measured from the main 
entrance of the marijuana establishment to the main entrance of the public or private 
school by the ordinary course of travel.  As used in this paragraph, "school" has the 
same meaning as in section 402, subsection 2, paragraph A; and
SUMMARY
This bill changes the distance requirements under the adult use marijuana provisions 
from 1,000 feet to 300 feet for a marijuana establishment to a preexisting public or 
private school and the method by which the distance is measured to make the adult use 
marijuana distance requirements consistent with liquor law requirements.