Retail Marijuana Establishments

 

Ordinance Prohibiting Retail Marijuana Establishments

and

Retail Marijuana Social Clubs

In the Town of Whiting

 

Section 1.  Authority:

This ordinance is enacted pursuant to the Marijuana Legalization Act, 7 M.R.S.A ch.417

Municipal Home Rule Authority, ME. Const., Art. V111, pt. 2; and 30-A §3001.

Section 2. Definitions:

For purposes of this ordinance, retail marijuana establishments, including retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, retail marijuana testing facilities, and retail marijuana social clubs are defined as set forth in 7 M.R.S.A, §2442.

Section 3. Prohibition: on Retail Marijuana Establishments and Retail Marijuana Social Clubs:

Retail marijuana establishments, including retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, retail marijuana test facilities, and retail marijuana social clubs, are expressly prohibited in this municipality.

No person or organization shall develop or operate a business that engages in retail or wholesale sales of a retail marijuana product, as defined by 7 M.R.S.A, §2442.

Nothing in this ordinance is intended to prohibit any lawful use, possession or conduct pursuant to the Maine Medical Use of Marijuana Act, 22 M.R.S.A. ch. 558-C.

Section 4. Effective Date; Duration:

This ordinance shall take effect immediately upon enactment by the municipal legislative body unless otherwise provided and shall remain in effect until it is amended or repealed.

Section 5. Penalties:

This ordinance shall be enforced by the municipal officers or their designee.  Violation of this ordinance shall be subject to the enforcement and penalty provisions of 30-A M.R.S.A. §4452, as may be amended.