Summary of Proposed Changes for Marijuana Growing Facilities

EXEMPT MARIJUANA GROWING FACILTIES MINOR POLICY CHANGE

Summary The proposed amendments establish a clear definition and prohibition on cannabis (marijuana) growing facilities that may be exempt from State or local regulatory reviews. Personal use and medical caregiver cultivation will be allowed per State limitations, but commercial or aggregated growing facilities will be specifically prohibited in all Districts.

Current vs. Proposed Marijuana Facilities for Individual Users or Caregivers Aspect Current Proposed Personal Personal adult use cultivation is Same.

allowed by State law. Each person 21+ domiciled on a parcel may cultivate up to 6 mature (flowering) plants, 12 immature plants, and any number of seedlings, provided plants are secured, tagged, and

screened from public view. Registered Caregiver Registered caregivers may Same.

cultivate up to 30 mature and 60 immature plants (unlimited seedlings) or up to 500 sq ft mature canopy and 1,000 sq ft immature canopy, subject to State security and separation

requirements. Aggregated Growing Not defined or regulated. Facilities Defined as “Cannabis Facilities (multiple may exist without Town or State Business or Aggregated caregivers/patients/personal oversight. Cultivation Facility” and users renting or sharing a specifically prohibited. site)

Why the Change?

Maine law allows municipalities to “opt in” to license adult-use (recreational) and medical marijuana establishments such as cultivation, manufacturing, and retail facilities. Durham has not opted in, which means commercial cannabis businesses are not allowed under State law within the Town. However, personal and caregiver cultivation of medical marijuana is permitted under State law without Town authorization. These limited exemptions have created uncertainty about how to handle shared growing operations that rent greenhouses or spaces to several individual caregivers or patients.