Maine § 28-B §402 Local authorization of cannabis establishments within municipalities

Maine Statutes

§ 28-B §402 — Local authorization of cannabis establishments within municipalities

Maine § 28-B §402

Title 28-BCANNABIS

Ch. 1CANNABIS LEGALIZATION ACT

This text of Maine § 28-B §402 (Local authorization of cannabis establishments within municipalities) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 28-B, § 28-B §402 (2026).

Text

1.Request for local authorization to operate cannabis establishment in municipality prohibited unless authorized by municipal ordinance or warrant article. A person seeking to operate a cannabis establishment within a municipality may not request local authorization to operate the cannabis establishment pursuant to subsection 3 and a municipality may not accept as complete the person's request for local authorization unless:

2.Minimum authorization criteria. A municipality may not authorize the operation of a cannabis establishment within the municipality if:

3.Local authorization required for operation of cannabis establishment within municipality. A person may not operate a cannabis establishment within a municipality unless:

4.Municipal failure to act on request for local authorizat

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1.
Request for local authorization to operate cannabis establishment in municipality prohibited unless authorized by municipal ordinance or warrant article.
A person seeking to operate a cannabis establishment within a municipality may not request local authorization to operate the cannabis establishment pursuant to subsection 3 and a municipality may not accept as complete the person's request for local authorization unless:
2.
Minimum authorization criteria.
A municipality may not authorize the operation of a cannabis establishment within the municipality if:
3.
Local authorization required for operation of cannabis establishment within municipality.
A person may not operate a cannabis establishment within a municipality unless:
4.
Municipal failure to act on request for local authorization.
If a municipality whose legislative body has voted to adopt a new ordinance, amend an existing ordinance or approve a warrant article allowing some or all types of cannabis establishments within the municipality fails to act on a person's request for local authorization to operate a cannabis establishment within the municipality, the municipality's failure to act does not satisfy the local authorization requirement of subsection 3, paragraph B.
5.
Appeal of municipal failure to act on request for local authorization.
If a municipality whose legislative body has voted to adopt a new ordinance, amend an existing ordinance or approve a warrant article allowing some or all types of cannabis establishments within the municipality fails to act on a person's request for local authorization to operate a cannabis establishment within the municipality within 90 days after the date the person submitted the request to the municipality, the request is deemed denied and the denial constitutes a final government action that may be appealed to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure, except that, if the municipality notifies the person in writing prior to the expiration of the 90-day period that the request cannot be processed prior to the expiration of the 90-day period, the request is deemed denied and the denial constitutes a final government action only if the municipality fails to act on the request within 180 days after the date the person submitted the request to the municipality.