Maine Supreme Judicial Court Rules That Municipalities May Not Impose Stricter Buffer Zones Than State Law Requires (September 2025)

The Maine Supreme Judicial Court held that a Portland ordinance imposing a 750-foot buffer between cannabis retail stores and schools — versus the 500-foot state minimum under 28-B MRS § 504 — is preempted by state law and cannot be enforced against licensed cannabis retailers operating in compliance with state buffers.

Case Summary

Green Leaf Holdings, LLC v. City of Portland, Case No. Cum-25-142 (Maine Supreme Judicial Court, decided September 12, 2025).

The petitioner, a licensed adult-use cannabis retailer, operated a store located 520 feet from an elementary school — compliant with the state's 500-foot buffer requirement under 28-B MRS § 504 but within the City of Portland's 750-foot local buffer ordinance. Portland issued a cease-and-desist order, which the petitioner challenged.

Holding

The Law Court reversed the Superior Court's decision upholding Portland's ordinance and held:

Express preemption: 28-B MRS § 3 explicitly states that the Act "preempts and supersedes all local ordinances, orders, and regulations" relating to cannabis retailers "to the extent that those ordinances, orders, or regulations are inconsistent with this chapter."
Conflict preemption: Allowing municipalities to impose stricter buffer zones would create a patchwork of inconsistent regulatory environments that frustrates the state legislature's intent to create a uniform licensing framework.
Home rule limitation: Maine's home rule authority does not extend to matters where the Legislature has expressed a clear intent to occupy the regulatory field.

The Court held that Portland's 750-foot buffer ordinance is preempted and cannot be enforced against licensees complying with the 500-foot state buffer.

Scope and Limitations

The ruling applies to buffer distances specifically. The Court expressly noted that municipalities retain authority to regulate hours of operation, signage, and land-use zoning designations for cannabis retail — provided those regulations do not create an effective prohibition on licensed retailers.

Practical Impact

This ruling affects buffer-distance ordinances in at least 12 Maine municipalities that had adopted stricter local buffers. Licensed retailers operating in compliance with state buffers but within local ordinance zones may resume operations. Municipalities seeking to maintain stricter buffers may need to pursue legislative remedies.