A. Marijuana general standards.
(1) Ownership. A home cultivator or medical marijuana caregiver who does not own the property where marijuana is proposed to be cultivated, processed, stored, or distributed shall obtain written permission from the property owner prior to cultivating marijuana and shall make the written permission available to the City, upon request.
B. Licensed medical marijuana property, medical marijuana production facility, and medical marijuana manufacturing facility standards.
In addition to the requirements of
§ 280-15-10B a licensed medical marijuana property, medical marijuana production facility, and/or medical marijuana manufacturing facility shall meet the following additional standards:
(1) No licensed medical marijuana property, medical marijuana production facility, or medical marijuana manufacturing facility shall be allowed within five-hundred (500) feet, of any existing public or private school, child-care provider, park, playground, and/or church, with the distance between the properties calculated by direct measurement in a straight line between the nearest property line of the land used for public or private school, child-care, park, playground and/or church to the nearest portion of the structure in which the licensed medical marijuana property, medical marijuana production facility, or medical marijuana manufacturing facility is located, and/or churches, which are proposed within five-hundred (500) feet of an existing licensed medical marijuana property, medical marijuana production facility, or medical marijuana manufacturing facility, shall be required to sign a form, which may be obtained from the Code Enforcement Department, which indicates that they are aware that an existing licensed medical marijuana property, medical marijuana production facility, or medical marijuana manufacturing facility is located within five-hundred (500) feet of their proposed site.
(2) The owner of a licensed medical marijuana property, medical marijuana production facility, and medical marijuana manufacturing facility shall obtain an annual license from the City Council to operate the property and facility in conformance with
Chapter 149: Licensing and
Chapter 161: Marijuana. The number of licensed medical marijuana properties shall be capped at eight (8) parcels as defined in this chapter. All medical marijuana production facilities and medical marijuana manufacturing facilities shall be located on one (1) or more of the eight (8) licensed medical marijuana properties. Additional buildings may be permitted on licensed medical marijuana properties for medical marijuana production, medical marijuana manufacturing, and/or other uses allowed in the zoning district, based on the boundaries of the parcels existing as of October 2, 2018, if the owner demonstrates that the proposed expansion meets all applicable requirements of the City's zoning, site plan, and building electrical fire and other health, safety and technical codes, including but not limited to this chapter and
Chapter 90: Building and Building Regulation and
Chapter 128: Fire Prevention and the Maine Medical Use of Marijuana Act or state administrative rules.
(3) An owner of a licensed medical marijuana property, medical marijuana production facility, and/or medical marijuana manufacturing facility shall prepare an Operations Manual and Safety Plan. The Operations Manual and Security Plan shall be maintained at the property and/or business and made available for inspections upon request.
(a) The Operations Manual and Safety Plan for a licensed medical marijuana property shall describe, at a minimum, policies and procedures for building security and provision and maintenance of ventilation and odor controls for the property, structures, and common areas that meets the requirements of
§ 280-15-10C(5).
(b) The Operations Manual and Safety Plan for a medical marijuana production facility or medical marijuana manufacturing facility shall describe, at a minimum, policies and procedures for employee safety, product and building security, hours of operation, provision and maintenance of ventilation and odor controls that meets the requirements of
§ 280-15-10C(5), storage and use of hazardous materials, including but not limited to, chemicals and gases, waste management, contamination protocols, and methods of distribution to qualifying patients.
(4) Odor control plan.
(a) An owner of a licensed medical marijuana property and operator of a medical marijuana production facility or medical marijuana manufacturing facility shall prepare an Odor Control Plan specifying the engineering and administrative controls the facility will use to prevent odors from being detected off site, unless a mechanical engineer, or other qualified professional, registered in the State of Maine, certifies the adequacy of the proposed ventilation and odor control system to prevent odors from being detected beyond the boundaries of the property.
(b) All licensed medical marijuana properties, medical marijuana production facilities, and medical marijuana manufacturing facilities shall be equipped with and maintain sufficient ventilation and odor controls to ensure that air leaving the building through an exhaust vent shall prevent odors from leaving the property. Doors and windows in odor producing areas shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the facility. The Odor Control Plan shall specify building management activities intended to isolate odor producing activities for one (1) or more medical marijuana production and/or marijuana manufacturing businesses from other areas of the structures and discharge of emissions from structures.
(c) The City may use contracted staff and peer review escrow fees to review an Odor Control Plan under § 280-3-4B.
(d) The Odor Control Plan shall be prepared, using industry-specific best control technologies and best management practices, for each odor source in the licensed medical marijuana property, medical marijuana production facility, and marijuana manufacturing facility and shall include, at a minimum:
[1] A floor plan, with locations of odor producing activities specified. Relevant information shall include, but is not limited to, the location of doors, windows, ventilation systems, odor control systems, and odor sources.
[2] The location of specific odor producing activities.
[3] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.
[4] Staff training procedures including organizational responsibilities and the roles/titles of staff members who shall be trained about odor control.
[5] Recordkeeping systems and forms describing what records will be maintained by the facility operator.
[6] Description of daily standard operating procedures to verify that the odor control systems are operational.
[7] Evidence that ventilation and odor controls are operational, sufficient to effectively mitigate odors for all sources and consistent with accepted and available industry-specific best control technologies designed to effectively mitigate odors.
(e) In addition, a medical marijuana production facility and marijuana manufacturing facility shall describe:
[1] The processes that will take place at the facility and the sources of the odors associated with, but not limited to, vegetative flowering, processing, and storage.
[2] For each odor source, specify the administrative processes and technologies the facility will use, including:
[a] Description of the proposed actions or technologies for each odor producing activity, including the number of products proposed to be used and product names, provided by the manufacturer or supplier of the technology;
[b] Description of the formulas, provided by the manufacturer or supplier of the technology, to size the proposed odor control technologies for the specific space and odor sources to be controlled within the facility.
[c] Maintenance and replacement schedule for key system components, provided by the manufacturer or supplier of the technology.
(5) The caregiver shall maintain a log of appointments, client identification number (name of client shall remain private), purpose of appointment, and whether appointment was kept. The log shall be made available to the Code Enforcement Officer upon request.
(6) Notwithstanding anything to the contrary in 1 M.R.S.A. § 302, and amendments of this chapter on October 2, 2018, this chapter applies to any application relating to the establishment or operation of a licensed medical marijuana property, medical marijuana production facility, and/or medical marijuana manufacturing facility, whether or not such application had become a "pending proceeding" as defined in 1 M.R.S.A. § 302 prior to the enactment of this chapter.
