HomeMy WebLinkAbout2022-05-09 22-178 ORDINANCE22-178 05-09-2022
CITY COUNCIL ACTION
Council Meeting Date: May 9, 2022
Item No: 22-178
Responsible Dept: Legal
Action Requested: Ordinance
Title, Ordinance
Map/Lot: N/A
Amending Chapter 165, Land Development Code, Word Usage and Definitions, Section 165-13, by Amending
the Definition of Medical Marijuana Dispensary
Summary
State law on marijuana and dispensaries has been evolving quickly. The State of Maine Office of Marijuana
Policy (OMP) has recently taken the position that, under the current state law, a medical marijuana dispensary
application is not complete unless it includes local authorization for the dispensary.
The City Code's current definition of a "medical marijuana dispensary" states that, "No application for
certificate of occupancy shall be approved for a medical marijuana dispensary unless it has been issued a valid
registration certificate by the state..."
As such, under current state law as interpreted by the OMP and the City's current definition of a "medical
marijuana dispensary", an applicant for a medical marijuana dispensary cannot obtain a local certificate of
occupancy without first obtaining a registration certificate from the state, and cannot obtain state certification
without first obtaining the local authorization. Thus, the current State of Maine OMP application for a medical
marijuana dispensary, which gets submitted to the municipality first under state law, requires the City to fill in
the date of local authorization, which would be contrary to the City's current definition of a "medical marijuana
dispensary."
This ordinance amendment would remove from the definition of a "medical marijuana dispensary" the
requirement that state registration certificate be received before the City can issue a certificate of occupancy,
so that the City is able to complete its portion of the required state application of an applicant for a medical
marijuana dispensary, and the applicant may proceed to submit the application for certification to the State of
Maine.
Committee Action
Committee: Government Operations Committee
Action: Recommended for Passage
Meeting Date: May 2, 2022
For: 4
Against: 0
Staff Comments & Approvals
Staff recommends waiver of the requirement of readings on two separate days, so that pending applications
may be acted upon.
City Manager
City Solicitor
Finance DirecTar
Introduced for: First Reading and Passage
22-178 05-09-2022
CITY COUNCIL ACTION
Date: May 9, 2022
Assigned to Councilor: Hawes
ORDINANCE, Amending Chapter 165, Section 165-13, by Amending the Definition of Medical Marijuana
Dispensary,
WHEREAS, under current state law as interpreted by the State of Maine Office of Marijuana Policy, an
applicant for a medical marijuana dispensary must receive local approval before an application for state
certificate can be completed, and
WHEREAS, under the City Code's current definition of a "medical marijuana dispensary," an applicant for a
medical marijuana dispensary cannot receive approval for a certificate of occupancy until first receiving a
registration certificate from the State, and
WHEREAS, this has created a situation where an applicant's application to the state, which must go to the
City first, cannot be filled out by the City, leaving the applicant without the ability to submit a completed
application to the State, and
WHEREAS, it is in the best interests of the residents of the City of Bangor to reconcile this inconsistency
between the City's ordinance definition and the current State law,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165 of the Code of the City of Bangor be amended as follows:
§ 165-13 Definitions.
MEDICAL MARIJUANA DISPENSARY
A registered dispensary as defined by 22 M.R.S.A. § 2422. No application for certificate of occupancy
shall be approved for a medial marijuana dispensary unless it has been issued a ali' ._gistratien
eertifieate by the -state -pursuant 2 M.R.S.A. meets all ether state ocal laws and
regulations.
Additions are underlined, deletions are struclh.
IN CITY COUNCIL
MAY 9, 2022
COrd 22-178
Motion made and seconded to Waive Second Reading
Vote: 7 — 0
Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Passed to Waive Second Reading
Motion made and seconded for Passage
Vote: 7 — 0
Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Passed
CITY CLERK