An Act To Allow Municipalities To Establish Ordinances Banning or Restricting Marijuana Caregivers within 500 Feet of a School

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  while the Maine Medical Use of Marijuana Act prohibits the location of medical marijuana dispensaries within 500 feet of a school, there are no such prohibitions placed on primary caregivers who cultivate medical marijuana for qualifying patients; and

Whereas,  without restrictions, the current law could be construed to permit a number of caregivers to be located in the same facility, each cultivating up to 6 marijuana plants; and

Whereas,  the location of such a facility close to a school may pose a risk to minors passing that facility on their way to and from school, which is a risk that needs to be addressed as soon as possible; 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,

Sec. 1. 22 MRSA §2423-A, sub-§13  is enacted to read:

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This bill amends the Maine Medical Use of Marijuana Act to allow a municipality to adopt an ordinance that prohibits the location of primary caregivers within 500 feet of the property line of a preexisting school.