An Act To Make the Distance to Schools for Marijuana Establishments Consistent with the Liquor Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-B MRSA §402, sub-§2, ¶A, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
A. The marijuana establishment is proposed to be located within 1,000 300 feet of the property line of a preexisting public or private school , except that, if a municipality by ordinance or other regulation prohibits the location of marijuana establishments at distances less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that lesser distance applies. The distance must be measured from the main entrance of the marijuana establishment to the main entrance of the public or private school by the ordinary course of travel. For the purposes of this paragraph, "school" includes a public school, as defined in Title 20-A, section 1, subsection 24, a private school, as defined in Title 20-A, section 1, subsection 22, a public preschool program, as defined in Title 20-A, section 1, subsection 23-A or any other educational facility that serves children from prekindergarten to grade 12; or
Sec. 2. 28-B MRSA §403, sub-§2, ¶A, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
A. The marijuana establishment is proposed to be located within 1,000 300 feet of the property line of a preexisting public or private school , except that, if the Maine Land Use Planning Commission prohibits the location of marijuana establishments within a town, plantation or township at distances less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that lesser distance applies. The distance must be measured from the main entrance of the marijuana establishment to the main entrance of the public or private school by the ordinary course of travel. For the purposes of this paragraph, "school" has the same meaning as in section 402, subsection 2, paragraph A; or
Sec. 3. 28-B MRSA §702, sub-§1, ¶C, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
C. May not be placed or otherwise used within 1,000 300 feet of the property line of a preexisting public or private school , except that, if a municipality by ordinance or other regulation, or, in the case of a town, plantation or township located in the unorganized and deorganized areas, the Maine Land Use Planning Commission, chooses to prohibit the placement or use of signs or advertising by or on behalf of a marijuana establishment at distances greater than or less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that greater or lesser distance applies. The distance must be measured from the main entrance of the marijuana establishment to the main entrance of the public or private school by the ordinary course of travel. As used in this paragraph, "school" has the same meaning as in section 402, subsection 2, paragraph A; and
summary
This bill changes the distance requirements under the adult use marijuana provisions from 1,000 feet to 300 feet for a marijuana establishment to a preexisting public or private school and the method by which the distance is measured to make the adult use marijuana distance requirements consistent with liquor law requirements.