Town of Gorham - Procedures | Medical Cannabis Caregivers

Medical Cannabis Caregivers

Full Text from eCode360®

The purpose of this § 300-2.74 is to regulate both new and existing medical cannabis caregivers operating as home occupations within the Town. These regulations are intended to protect the public health, safety and welfare, to ensure compatibility with the surrounding neighborhood, and to minimize any adverse impact of such caregiver operations on adjacent and nearby properties.

(1)

Application. The operational requirements of Article 2-15 shall apply to all existing medical cannabis caregivers operating as home occupations on the effective date of this section as well as new caregiver operations. To qualify as an existing medical cannabis caregiver operating as home occupation, the operation must be a lawful use under the Zoning Ordinance as of May 6, 2021, must have been in operation at some time over the five years immediately preceding May 6, 2021, and must have been in full compliance with all applicable Town ordinances during all such times of operation.

(2)

Registration requirements. Within 180 days of May 6, 2021, all medical cannabis caregivers operating as home occupations and existing as of that date shall be registered with the Code Division and submit the following:

(a)

Initial registration fee of $250.

(b)

Names and addresses of the current owner of the property and of the medical cannabis caregiver, and a copy of the deed or rental lease if the medical cannabis caregiver is not the property owner;

(c)

Evidence that the medical cannabis caregiver's operation was in existing operation as defined above, including, without limitation, the State of Maine registered caregiver license and any other state-issued licenses, including any food establishment license; and

(d)

Evidence of the location of the medical cannabis caregiver's growing operation on the property, which shall include a description of the canopy size, setbacks of the growing area from the property line boundaries, and actions taken to meet the relevant home occupation standards as identified below.

(3)

Operational requirements for new and existing medical cannabis caregivers. Unless otherwise expressly provided, the foregoing requirements contained in this § 300-2.74 apply to all medical cannabis caregivers operating as home occupations; however, any existing medical cannabis caregiver operating as a home occupation and lawfully in operation at the effective date of this section which does not comply with these operational requirements shall be grandfathered with regard to such deficiencies, except that there shall be no grandfathered rights as to Article 2-15, Home Occupations, § 300-2.74, Subsection A(1) through (4) and (6) through (9).

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