An Act To Allow Municipalities To Regulate the Growing of Marijuana

Sec. 1. 7 MRSA §2455  is enacted to read:

§ 2455.  Municipal regulation of marijuana cultivation

Notwithstanding section 2449, section 2454 or any other provision of law to the contrary, a municipality may adopt an ordinance that prohibits the cultivation of marijuana for recreational use within the municipality or that restricts cultivation to certain geographic areas within the municipality.

Sec. 2. 22 MRSA §2430-C  is enacted to read:

§ 2430-C.  Municipal regulation of marijuana cultivation

Notwithstanding section 2423-A, section 2428, subsection 10 or any other provision of law to the contrary, a municipality may adopt an ordinance that prohibits the cultivation of marijuana for medical use within the municipality or that restricts cultivation to certain geographic areas within the municipality.

Sec. 3. 30-A MRSA §3015  is enacted to read:

§ 3015.  Ordinances regarding marijuana cultivation

As provided under Title 7, section 2455 and Title 22, section 2430-C, a municipality may adopt an ordinance that prohibits the cultivation of marijuana for recreational or medical use within the municipality or that restricts cultivation to certain geographic areas within the municipality.

SUMMARY

This bill allows a municipality to restrict the cultivation of marijuana for recreational or medical use to certain areas in the municipality or to prohibit cultivation entirely within the municipality. The bill applies to cultivation of marijuana under the Marijuana Legalization Act and the Maine Medical Use of Marijuana Act.