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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 32 - L.D. 40
An Act to Protect Liberty and Advance Justice in the Administration and
Enforcement of the Cannabis Legalization Act and the Maine Medical Use of
Cannabis Act
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 3 MRSA §959, sub-§1, ¶J, as amended by PL 2021, c. 617, §1, is further
amended to read:
J. The joint standing committee of the Legislature having jurisdiction over veterans
and legal affairs shall use the following list as a guideline for scheduling reviews:
(2) State Liquor and Lottery Commission in 2023;
(3) The Department of Administrative and Financial Services, Bureau of
Alcoholic Beverages and Lottery Operations with regard to the enforcement of the
law relating to the manufacture, importation, storage, transportation and sale of all
liquor and the laws relating to licensing and the collection of taxes on malt liquor
and wine in 2023; and
(4) Department of Defense, Veterans and Emergency Management in 2027, except
for the Maine Emergency Management Agency within the department.; and
(5) Department of Administrative and Financial Services, Office of Cannabis
Policy with regard to the administration and enforcement of the laws relating to the
Cannabis Legalization Act and the Maine Medical Use of Cannabis Act in 2031.
Sec. A-2. 3 MRSA §959, sub-§1, ¶S, as enacted by PL 2021, c. 617, §1 and
amended by c. 669, §5, is repealed.
Sec. A-3. 22 MRSA §2421-A
§2421-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
LAW WITHOUT
GOVERNOR'S
SIGNATURE
MAY 1, 2024
CHAPTER
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PUBLIC LAW Page 2 - 131LR0543(05)
1. Assistant. "Assistant" means an individual who is paid to perform a service for a
registrant, whether as an employee or independent contractor, in accordance with this
chapter.
2. Cannabis concentrate. "Cannabis concentrate" means the resin extracted from
any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or
preparation from such resin, including, but not limited to, hashish. "Cannabis concentrate"
does not include resin extracted from hemp as defined in Title 7, section 2231, subsection
1‑A, paragraph D.
3. Cannabis extraction. "Cannabis extraction" means the process of extracting
cannabis concentrate from harvested cannabis using water, lipids, gases, solvents or other
chemicals or chemical processes. "Cannabis extraction" does not include the process of
extracting concentrate from hemp as defined in Title 7, section 2231, subsection 1-A,
paragraph D.
4. Cannabis Legalization Act. "Cannabis Legalization Act" means the laws
governing adult use of cannabis under Title 28-B, chapter 1.
5. Cannabis paraphernalia. "Cannabis paraphernalia" means equipment, products,
devices and materials that are used for planting, propagating, cultivating, harvesting,
processing, preparing, testing, packaging or storing cannabis for medical use or used for
ingesting, inhaling or otherwise consuming cannabis for medical use. "Cannabis
paraphernalia" includes, but is not limited to:
A. Kits used for planting, propagating, cultivating or harvesting a cannabis plant;
B. Isomerization devices used for adjusting the potency of a cannabis plant;
C. Testing equipment used for identifying or analyzing the potency, effectiveness or
purity of a cannabis plant or harvested cannabis;
D. Scales and balances used for weighing or measuring harvested cannabis;
E. Separation gins and sifters used for removing twigs and seeds from, or in otherwise
cleaning or refining, harvested cannabis;
F. Envelopes and other containers used for packaging small quantities of harvested
cannabis for medical use;
G. Containers and other objects used for storing harvested cannabis;
H. Rolling papers, cigarette papers or wraps used for rolling harvested cannabis for
smoking;
I. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without
screens, chillums or punctured metal bowls used for smoking harvested cannabis; and
J. Electronic smoking devices used for simulating the smoking of harvested cannabis
or cannabis products through the inhalation of vapor or aerosol from the device.
6. Cannabis plant. "Cannabis plant" means a plant of the genus Cannabis sativa L.
"Cannabis plant" does not include hemp as defined in Title 7, section 2231, subsection 1-A,
paragraph D.
7. Cannabis product. "Cannabis product" means a product composed of harvested
cannabis and other ingredients that is intended for medical use. "Cannabis product" Page 3 - 131LR0543(05)
includes, but is not limited to, an edible cannabis product, a cannabis ointment and a
cannabis tincture. "Cannabis product" does not include cannabis concentrate or a product
containing hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
8. Cannabis testing facility. "Cannabis testing facility" means a public or private
laboratory that is:
A. Authorized in accordance with section 2423-A, subsection 10 to analyze
contaminants in and the potency and cannabinoid profile of samples; and
B. Accredited pursuant to standard ISO/IEC 17025 of the International Organization
for Standardization by a 3rd-party accrediting body or is certified, registered or
accredited by an organization approved by the office.
9. Cannabis tincture. "Cannabis tincture" means a solution that is intended to be
consumed orally and is prepared from harvested cannabis blended with an edible solvent.
10. Cardholder. "Cardholder" means an individual who has been issued and
possesses a valid registry identification card.
11. Caregiver.
patient in accordance with this chapter.
12. Caregiver retail store. "Caregiver retail store" means a store authorized in
accordance with this chapter and used by a registered caregiver to sell cannabis
paraphernalia, cannabis plants, harvested cannabis, related supplies or educational
materials to qualifying patients and other items to the general public at a fixed location.
13. Certified nurse practitioner. "Certified nurse practitioner" means a registered
professional nurse licensed under Title 32, chapter 31 who has received postgraduate
education designed to prepare the nurse for advanced practice registered nursing in a
clinical specialty in nursing that has a defined scope of practice and who has been certified
in the clinical specialty by a national certifying organization acceptable to the State Board
of Nursing.
14. Child-resistant. "Child-resistant" means, with respect to packaging or a container:
A. Specially designed or constructed to be significantly difficult for a typical child
under 5-years of age to open and not to be significantly difficult for a typical adult to
open and reseal; and
B. With respect to any product intended for more than a single use or that contains
multiple servings, resealable.
15. Commissioner. "Commissioner" means the Commissioner of Administrative and
Financial Services.
16. Complete application. "Complete application" means, with respect to an
application for a registry identification card or a registration certificate, that:
A. The applicant has completed and submitted to the office all application forms
required and provided by the office;
B. If required by the office pursuant to this chapter, the applicant has submitted to a
criminal history record check; Page 4 - 131LR0543(05)
C. If applying for a registry identification card for a caregiver or a registration
certificate for a dispensary, the applicant has registered with the State Tax Assessor
pursuant to Title 36, section 1754-B to collect and remit the sales tax on the sale of
harvested cannabis imposed under Title 36, section 1811 and has provided to the office
documentation of the registration; and
D. If applying for a registration certificate for a dispensary, the applicant has submitted
to the office documentation sufficient to show that the applicant has fulfilled any
applicable municipal authorization requirements for the municipality in which the
applicant intends to operate the dispensary.
17. Cultivation area. "Cultivation area" means an indoor or outdoor area used for
cultivation of mature cannabis plants, immature cannabis plants or seedlings in accordance
with this chapter. A cultivation area may include multiple indoor or outdoor areas, whether
contiguous or noncontiguous, on the same parcel or tract of land.
18. Department. "Department" means the Department of Administrative and
Financial Services.
19. Disqualifying drug offense. "Disqualifying drug offense" means a conviction for
a violation of a state or federal controlled substance law that is a crime punishable by
imprisonment for one year or more. It does not include:
A. An offense for which the sentence, including any term of probation, incarceration
or supervised release, was completed 5 or more years earlier;
B. An offense that consisted of conduct that would have been permitted under this
chapter; or
C. An offense that consisted of conduct that would be authorized under Title 28-B or
that, if the person convicted of the offense had been acting under the authority of a
license pursuant to Title 28-B, would have been authorized under Title 28-B.
20. Edible cannabis product. "Edible cannabis product" means a cannabis product
intended to be consumed orally, including, but not limited to, any type of food, drink or pill
containing harvested cannabis. "Edible cannabis product" does not include an edible
product containing hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
21. Harvested cannabis. "Harvested cannabis" means the plant material harvested
from a mature cannabis plant, except the stalks, leaves and roots of the plant that are not
used for a qualifying patient's medical use. "Harvested cannabis" includes cannabis
concentrate and cannabis products. "Harvested cannabis" does not include plant material
harvested from hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
22. Immature cannabis plant. "Immature cannabis plant" means a cannabis plant
that is not a mature cannabis plant or seedling. "Immature cannabis plant" does not include
hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
23. Immature plant canopy. "Immature plant canopy" means the total surface area
within a cultivation area where immature cannabis plants are growing. The surface area of
the immature plant canopy must be calculated in square feet and measured using the outside
boundaries of the area and must include all of the area within the boundaries. If the surface
area of the immature plant canopy consists of noncontiguous areas, each component area
must be separated by identifiable boundaries. If a tiered or shelving system is used in the Page 5 - 131LR0543(05)
cultivation area, the surface area of each tier or shelf must be included in calculating the
area of the immature plant canopy. Calculation of the surface area of the immature plant
canopy may not include the areas within the cultivation area that are not used at any time
to cultivate immature cannabis plants.
24. Inherently hazardous substance. "Inherently hazardous substance" means a
liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a flash
point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, propane
and diethyl ether. "Inherently hazardous substance" does not include any form of alcohol
or ethanol.
25. Long-term care facility. "Long-term care facility" means a hospice provider
facility licensed under chapter 1681; a nursing facility licensed under chapter 405; an
assisted living facility licensed under chapter 1663 or 1664; or a facility or program
licensed under chapter 1663 that provides care for a qualifying patient in accordance with
this chapter.
26. Manufacture or manufacturing. "Manufacture" or "manufacturing" means the
production, blending, infusing, compounding or other preparation of cannabis concentrate
and cannabis products, including, but not limited to, cannabis extraction or preparation by
means of chemical synthesis.
27. Manufacturing facility. "Manufacturing facility" means a registered tier 1 or tier
2 manufacturing facility or a person authorized to engage in cannabis extraction in
accordance with this chapter.
28. Mature cannabis plant. "Mature cannabis plant" means a flowering female
cannabis plant. "Mature cannabis plant" does not include hemp as defined in Title 7,
section 2231, subsection 1-A, paragraph D.
29. Mature plant canopy. "Mature plant canopy" means the total surface area within
a cultivation area where mature cannabis plants are growing. The surface area of the mature
plant canopy must be calculated in square feet and measured using the outside boundaries
of the area and must include all of the area within the boundaries. If the surface area of the
mature plant canopy consists of noncontiguous areas, each component area must be
separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation
area, the surface area of each tier or shelf must be included in calculating the area of the
mature plant canopy. Calculation of the surface area of the mature plant canopy may not
include the areas within the cultivation area that are not used at any time to cultivate mature
cannabis plants.
30. Medical provider. "Medical provider" means a physician, a certified nurse
practitioner or a physician assistant.
31. Medical use. "Medical use" means the acquisition, possession, cultivation,
manufacture, use, delivery, transfer or transportation of cannabis or cannabis paraphernalia
relating to the administration of cannabis to treat or alleviate a qualifying patient's medical
diagnosis or symptoms for which a medical provider has provided the qualifying patient a
written certification under this chapter.
32. Member of the family. "Member of the family" means an individual who is a
resident of the State and who is a spouse, domestic partner, child, sibling, sibling of a Page 6 - 131LR0543(05)
parent, child of a sibling, parent, stepparent, grandparent or grandchild of another
individual.
33. Members of the same household. "Members of the same household" means 2 or
more individuals who are residents of the State and who reside in a shared dwelling unit.
34. Minor. "Minor" means a person who has not attained 21 years of age.
35. Office. "Office" means the Office of Cannabis Policy established in Title 28-B,
section 104-A within the department.
36. Officer or director. "Officer or director" means, when used with respect to any
nonprofit, for-profit or other organization governed by this chapter, a director, manager,
shareholder, board member, partner or other individual holding a management position or
ownership interest in the organization.
37. Physician. "Physician" means an individual licensed as an osteopathic physician
by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or an individual
licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant to Title
32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement
Administration license to prescribe drugs.
38. Physician assistant. "Physician assistant" means an individual licensed as a
physician assistant by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36
or an individual licensed as a physician assistant by the Board of Licensure in Medicine
pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug
Enforcement Administration license to prescribe drugs.
39. Qualifying patient. "Qualifying patient" means an individual who has been a
resident of the State for at least 30 days and who possesses a valid written certification
regarding medical use of cannabis in accordance with this chapter.
40. Registered caregiver. "Registered caregiver" means a caregiver who is registered
by the office pursuant to this chapter.
41. Registered dispensary. "Registered dispensary" means an entity registered in
accordance with this chapter that acquires, possesses, cultivates, manufactures, delivers,
transfers, transports, sells, supplies or dispenses cannabis paraphernalia, cannabis plants,
harvested cannabis, related supplies or educational materials to qualifying patients and the
caregivers of those patients.
42. Registrant. "Registrant" means a registered caregiver, dispensary, cannabis testing
facility, manufacturing facility or person authorized to engage in cannabis extraction using
inherently hazardous substances under this chapter.
43. Registrant agent. “Registrant agent" means an assistant, employee, officer,
director or other authorized agent of a registered caregiver, dispensary, cannabis testing
facility, manufacturing facility or person authorized to engage in cannabis extraction using
inherently hazardous substances under this chapter.
44. Registration certificate. "Registration certificate" means a document issued by
the office that identifies a person who has registered with the office in accordance with this
chapter. Page 7 - 131LR0543(05)
45. Registry identification card. "Registry identification card" means a document
issued by the office that identifies an individual who has registered with the office in
accordance with this chapter.
46. Remuneration. "Remuneration" means a donation or any other monetary payment
received directly or indirectly by a person in exchange for goods or services as part of a
transaction in which cannabis for medical use is transferred or furnished by that person to
another person.
47. Sample. "Sample" means a cannabis plant or harvested cannabis that is provided
for testing or research purposes to a cannabis testing facility.
48. Seedling. "Seedling" means a cannabis plant or rooted cutting that is:
A. Not flowering;
B. Less than 24 inches in height; and
C. Less than 24 inches in width.
49. Tamper-evident. "Tamper-evident" means, with respect to a device or process,
bearing a seal, a label or a marking that makes unauthorized access to or tampering with a
package, product or container easily detectable.
50. Tamper-resistant paper. "Tamper-resistant paper" means paper that possesses an
industry-recognized feature that prevents copying of the paper, erasure or modification of
information on the paper and the use of counterfeit documentation.
51. Telehealth services. "Telehealth services" means health care services delivered
through the use of information technology. "Telehealth services" includes synchronous
encounters, store and forward transfers, telemonitoring and asynchronous encounters.
As used in this subsection, the following terms have the following meanings.
A. "Asynchronous encounter" means an interaction between an individual and a
medical provider through a system that has the ability to store digital information,
including, but not limited to, still images, video files, audio files, text files and other
relevant data, and to transmit such information without requiring the simultaneous
presence of the individual and the medical provider.
B. "Store and forward transfer" means the transmission of an individual's records
through a secure electronic system to a medical provider.
C. "Synchronous encounter" means a real-time interaction conducted with an
interactive audio or video connection between an individual and a medical provider or
between a medical provider and another medical provider.
D. "Telemonitoring" means the use of information technology to remotely monitor an
individual's health status via electronic means, allowing the medical provider to track
the individual's health data over time.
52. Timely filed.
renewal of a registry identification card or an application submitted for renewal of a
registration certificate, that the applicant submits a complete application to the office no
sooner than 60 days and no later than 30 days prior to the expiration date of the current
registry identification card or the current registration certificate. Page 8 - 131LR0543(05)
53. Visiting qualifying patient. "Visiting qualifying patient" means a patient who is
authorized for the medical use of cannabis in this State and who is not a resident of the
State or who has been a resident of the State less than 30 days.
54. Written certification. "Written certification" means a document signed by a
medical provider and issued to a qualifying patient, or a digital image of that document
issued by the medical provider that states that, in the medical provider's professional
opinion, the patient is likely to receive therapeutic or palliative benefit from the medical
use of cannabis to treat or alleviate the patient's medical diagnosis or symptoms associated
with the medical diagnosis.
Sec. A-4. 22 MRSA §2422, as amended by PL 2023, c. 6, §1, is repealed.
Sec. A-5. 22 MRSA §2423-A, sub-§2, as amended by PL 2023, c. 6, §§2 to 4, is
further amended to read:
2. Caregiver.
assisting a qualifying patient with the patient's medical use of cannabis, may engage in the
following authorized conduct if the caregiver is a resident of the State, is 21 years of age
or older and has not been convicted of a disqualifying drug offense:
A. Possess all harvested cannabis produced by the caregiver's cultivation of cannabis
plants under paragraph B;
A-1. Transfer up to 2 1/2 ounces of harvested cannabis to a qualifying patient in one
transaction, except that a caregiver may not dispense more than 2 1/2 ounces of
harvested cannabis to a visiting qualifying patient during a 15-day period;
B. Cultivate up to 30 mature cannabis plants, up to 60 immature cannabis plants and
unlimited seedlings or cultivate up to 500 square feet of mature plant canopy, up to
1,000 square feet of immature plant canopy and unlimited seedlings. A caregiver may
not cultivate immature plants by canopy if cultivating mature plants by plant count and
may not cultivate immature plants by plant count if cultivating mature plants by
canopy;
C-1. Assist a qualifying patient with the patient's medical use of cannabis;
E. Receive reasonable monetary compensation for costs associated with cultivating
cannabis plants or assisting a qualifying patient with that patient's medical use of
cannabis;
F. Be in the presence or vicinity of the medical use of cannabis and assist any patient
with the medical use, administration or preparation of cannabis;
G. Manufacture cannabis products and cannabis concentrate for medical use, except
that a caregiver may not manufacture food, as defined in section 2152, subsection 4,
unless the caregiver is licensed pursuant to section 2167 and except that a caregiver
may not produce cannabis concentrate using inherently hazardous substances unless
authorized pursuant to section 2423‑F, subsection 3;
I. Hire any number of assistants who are 21 years of age or older to assist in performing
the duties of the caregiver; Page 9 - 131LR0543(05)
I-1. Hire any number of assistants who are 18 years of age or older and under 21 years
of age if they are also a member of the family of the caregiver to assist in performing
the duties of the caregiver;
J. Use a pesticide in the cultivation of cannabis plants if the pesticide is used consistent
with federal labeling requirements, is registered with the Department of Agriculture,
Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 607
and is used consistent with best management practices for pest management approved
by the Commissioner of Agriculture, Conservation and Forestry. A registered caregiver
may not in the cultivation of cannabis plants use a pesticide unless the registered
caregiver or the registered caregiver's assistant is certified in the application of the
pesticide pursuant to section 1471‑D and any assistant who has direct contact with
treated plants has completed safety training pursuant to 40 Code of Federal
Regulations, Section 170.130. An assistant of the registered caregiver who is not
certified pursuant to section 1471‑D and who is involved in the application of the
pesticide or handling of the pesticide or equipment must first complete safety training
described in 40 Code of Federal Regulations, Section 170.230;
K. Transfer immature cannabis plants, seedlings, seeds and harvested cannabis to a
qualifying patient, another caregiver or a registered dispensary for reasonable
compensation or for no remuneration;
K-1. Transfer to and accept from another registered caregiver or a dispensary cannabis
plants and harvested cannabis in a wholesale transaction in accordance with this
paragraph. A registered caregiver may transfer in wholesale transactions for reasonable
compensation or for no remuneration an unlimited amount of the mature cannabis
plants grown by the caregiver over the course of a calendar year, including any
cannabis products or cannabis concentrate manufactured from mature cannabis plants
grown by the caregiver. A registered caregiver may transfer to or accept from other
registered caregivers and dispensaries in wholesale transactions an unlimited amount
of immature cannabis plants and seedlings. A registered caregiver that acquires mature
cannabis plants, cannabis products or cannabis concentrate in a wholesale transaction
under this paragraph may not resell the mature cannabis plants, cannabis products or
cannabis concentrate except to a qualifying patient or to another registered caregiver
or dispensary to assist a qualifying patient;
L. Provide samples to a cannabis testing facility for testing and research purposes;
M. Conduct cannabis testing at the request of anyone authorized to possess cannabis
under this chapter for research and development purposes only;
N. Provide harvested cannabis to a manufacturing facility and obtain cannabis
products and cannabis concentrate from the manufacturing facility that are produced
from the harvested cannabis the caregiver provided to the manufacturing facility;
O. Transport cannabis plants or harvested cannabis for authorized conduct in
accordance with this chapter;
P. Operate one caregiver retail store to sell harvested cannabis to qualifying patients
for the patients' medical use in accordance with this chapter; Page 10 - 131LR0543(05)
Q. Be organized as any type of legal business entity recognized under the laws of the
State, including, but not limited to, a limited liability company, partnership or limited
liability partnership; and
S. Notwithstanding chapter 262‑A, sell, offer to sell or furnish cannabis paraphernalia
to a qualifying patient, caregiver or registered dispensary for a qualifying patient's
medical use of cannabis.
Sec. A-6. 22 MRSA §2423-A, sub-§3, ¶B, as amended by PL 2021, c. 662, §15
and c. 669, §5, is further amended to read:
B. A caregiver cultivating cannabis plants for a patient's medical use must keep all
plants in a cultivation area unless the plants are being transported pursuant to
subsection 2, paragraph O. The cultivation area must be enclosed and equipped with
locks or other security devices that permit access only by a person authorized to have
access to the area under this chapter.
(1) The caregiver shall ensure that the mature cannabis plants, immature cannabis
plants and seedlings cultivated by the caregiver are kept in separate cultivation
areas. The cultivation area for mature cannabis plants and the cultivation area for
immature cannabis plants and seedlings may be located on separate parcels or tracts
of land, whether the parcels or tracts of land are contiguous or noncontiguous, as
long as the caregiver discloses the locations of all cultivation areas to the
department. The caregiver may not maintain more than 2 cultivation areas. The
caregiver shall ensure that the cultivation area for mature cannabis plants and the
cultivation area for immature cannabis plants comply with the plant count or plant
canopy limitations of subsection 2, paragraph B.
(2) Access to cultivation areas is limited to the caregiver, except that an elected
official invited by the caregiver for the purpose of providing education to the
elected official on cultivation by the caregiver, emergency services personnel, an
assistant of a caregiver or a cannabis testing facility or a person who needs to gain
access to a cultivation area in order to perform repairs or maintenance or to do
construction may access a cultivation area to provide those professional services
while under the direct supervision of the caregiver.
Sec. A-7. 22 MRSA §2423-A, sub-§10, ¶E, as repealed and replaced by PL 2023,
c. 365, §2 and c. 405, Pt. A, §57, is repealed and the following enacted in its place:
E. A cannabis testing facility shall obtain and must be able to produce, upon demand
of the office or a municipal code enforcement officer, documentation of the facility's
accreditation pursuant to standard ISO/IEC 17025 of the International Organization for
Standardization by a 3rd-party accrediting body.
Sec. A-8. 22 MRSA §2423-F, sub-§12, as repealed and replaced by PL 2019, c.
331, §17 and amended by PL 2021, c. 669, §5, is further amended to read:
12. Record keeping.
engage in cannabis extraction using inherently hazardous substances under subsection 3
shall maintain records of all transactions in accordance with section 2430‑G 2430-J.
Sec. A-9. 22 MRSA §2425-A, sub-§1, as enacted by PL 2017, c. 452, §12, is
repealed. Page 11 - 131LR0543(05)
Sec. A-10. 22 MRSA §2425-A, sub-§3,
c. 669, §5, is further amended by amending the first blocked paragraph to read:
The department shall conduct a criminal history record check for any applicant for a
registry identification card, except that an assistant is not required to submit to a criminal
history record check. The criminal history record check is valid for one year 2 years from
the date it was conducted, regardless of the person's employment status. Except as provided
in subsection 3‑A, the department may not issue a registry identification card to an
applicant who is not permitted under this chapter to have a disqualifying drug offense.
Sec. A-11. 22 MRSA §2425-A, sub-§3, ¶A, as enacted by PL 2017, c. 452, §12,
is amended to read:
A. The annual fee required pursuant to subsection 10; and
Sec. A-12. 22 MRSA §2425-A, sub-§5, ¶A, as amended by PL 2023, c. 365, §§4
to 6, is further amended to read:
A. A registry identification card expires one year 2 years after the date of issuance,
regardless of the person's employment status, except that a caregiver's registry
identification card expires one year after the date of issuance. The card must contain:
(1) The name of the cardholder;
(2) The date of issuance and expiration date;
(3) A random randomly generated unique identification number that is unique to
the cardholder;
(4) A clear designation showing whether the cardholder is allowed under this
chapter to cultivate cannabis plants; and
(5) A photograph of the cardholder, if required by the department.
Sec. A-13. 22 MRSA §2425-A, sub-§10, ¶J, as enacted by PL 2017, c. 452, §12
and amended by PL 2021, c. 669, §5, is further amended to read:
J. There is an annual a fee for a criminal history record check for a caregiver or an
officer or director or assistant of a registered dispensary, cannabis testing facility or
manufacturing facility, which may not be less than $31 or more than $60. The fee must
be paid by the caregiver or by the registered dispensary, cannabis testing facility or
manufacturing facility for an officer or director or assistant of the registered dispensary,
cannabis testing facility or manufacturing facility.
Sec. A-14. 22 MRSA §2425-A, sub-§11-A is enacted to read:
11-A. Temporary appointee.
contrary, in cases of death, disability, bankruptcy, judicial dissolution or other exceptional
circumstances, unless a court appoints a temporary appointee, the office may approve a
temporary appointee to take possession of, operate, manage, control or wind down a
registrant's operations. Under such circumstances:
A. A temporary appointee must be otherwise qualified under the provisions of this
chapter to be a registered caregiver or an officer or director;
B. A temporary appointee may not transfer cannabis or cannabis products for medical
use without a valid registry identification card; and Page 12 - 131LR0543(05)
C. The registrant shall submit a plan of temporary appointment, on forms made
available by the office, as soon as practicable but no later than 60 days after a qualifying
event.
For purposes of this subsection, "temporary appointee" means a court-appointed receiver,
personal representative, executor, administrator, guardian, conservator, trustee or similarly
situated person or person approved by the office pursuant to this section.
Sec. A-15. 22 MRSA §2428, sub-§6, ¶H, as amended by PL 2017, c. 452, §16, is
repealed.
Sec. A-16. 22 MRSA §2428, sub-§6, ¶O is enacted to read:
O. A dispensary may not be required to have designated parking spaces in order to be
issued or reissued a registration certificate by the office.
Sec. A-17. 22 MRSA §2428, sub-§9, ¶D, as amended by PL 2017, c. 452, §16, is
further amended to read:
D. A person who has been convicted of a disqualifying drug offense may not be an
officer or director or assistant of a dispensary.
(1) A person who is an officer or director or assistant of a dispensary in violation
of this paragraph commits a civil violation for which a fine of not more than $1,000
may be adjudged.
(2) A person who is an officer or director or assistant of a dispensary in violation
of this paragraph and who at the time of the violation has been previously found to
have violated this paragraph commits a Class D crime may be subject to additional
enforcement action as established by the office in rule.
Sec. A-18. 22 MRSA §2429-B, sub-§2, ¶A, as enacted by PL 2017, c. 452, §18
and amended by PL 2021, c. 669, §5, is further amended to read:
A. A prohibition on health or physical benefit claims in advertising or marketing,
including, but not limited to, health or physical benefit claims on the label or packaging
of harvested cannabis, except that advertising, marketing, labeling or packaging may
contain qualifying patients' testimonials of how cannabis for medical use has provided
palliative or therapeutic effects for the patients' conditions. All testimonials must
contain the following disclaimer: "This statement has not been evaluated by the United
States Food and Drug Administration. This product is not intended to diagnose, treat,
cure or prevent any disease";
Sec. A-19. 22 MRSA §2429-C, sub-§4, as enacted by PL 2017, c. 452, §18, is
repealed and the following enacted in its place:
4. Adulterated or misbranded.
in sections 2156 and 2157, respectively, or contain additives specifically formulated to
increase the addictiveness of the edible cannabis product; and
Sec. A-20. 22 MRSA §2430-D, first ¶, as enacted by PL 2017, c. 452, §24, is
amended to read:
Collectives are prohibited under this chapter. A person may not form or participate in
a collective. For purposes of this section, "collective" means an association, cooperative, Page 13 - 131LR0543(05)
affiliation or group of caregivers who physically assist each other in the act of cultivation,
processing or distribution of cannabis for medical use for the benefit of the members of the
collective. The following relationships are not collectives and are not prohibited:
Sec. A-21. 22 MRSA §2430-D, sub-§2, as enacted by PL 2017, c. 452, §24, is
amended to read:
2. Employer and assistant relationship, family members or members of the same
household. Two caregivers to the extent the relationship is as employer and assistant,
members of the same family or members of the same household; or
Sec. A-22. 22 MRSA §2430-D, sub-§3,
amended by PL 2021, c. 669, §5, is further amended to read:
3. Caregivers sharing common areas.
separately and occupying separate spaces within a common facility to engage in activities
authorized under section 2423‑A, subsection 2 pursuant to the provisions of this chapter,
even if they also share utilities or common areas, including but not limited to storage areas
and building facilities, and who do not share cannabis plants or harvested cannabis resulting
from the cultivation of those plants.; or
Sec. A-23. 22 MRSA §2430-D, sub-§4 is enacted to read:
4. Caregivers providing short-term assistance.
caregivers at any one time with activities authorized under this chapter, as long as the
caregiver has given prior notice to the office. Notice required by this subsection must
include the name of each caregiver needing assistance and the duration of the assistance to
be provided. Assistance may not exceed 90 days within a calendar year unless approved
in advance by the office.
Sec. A-24. 22 MRSA §2430-G, as repealed by PL 2023, c. 365, §18 and amended
by c. 405, Pt. A, §58, is repealed.
Sec. A-25. 22 MRSA §2430-I, sub-§1, as enacted by PL 2023, c. 365, §20, is
repealed.
Sec. A-26. 22 MRSA §2430-I, sub-§1-A is enacted to read:
1-A. Registration violation types.
established.
A. "Major registration violation affecting public safety" means an intentional or
knowing violation that imminently jeopardizes public health and safety or conduct that
indicates a willful or reckless disregard for public health and safety. "Major
registration violation affecting public safety" is limited to:
(1) Intentionally or knowingly selling harvested cannabis or cannabis products for
medical use containing any scheduled drug as defined in Title 17-A, section 1101,
subsection 11, except for any compounds naturally occurring in the cannabis plant;
(2) Intentionally or knowingly using prohibited agricultural chemicals that pose a
threat to public health and concealing their use from the office, other registrants or
consumers; Page 14 - 131LR0543(05)
(3) Intentionally or knowingly treating or otherwise adulterating harvested
cannabis with a scheduled drug as defined in Title 17-A, section 1101, subsection
11, except for compounds naturally occurring in the cannabis plant;
(4) Intentionally or knowingly purchasing or transferring from the illicit market
cannabis or cannabis products that are offered for sale or transfer to qualifying
patients or combined with harvested cannabis or cannabis products for medical
use;
(5) Intentionally or knowingly destroying, damaging, altering, removing or
concealing potential evidence of a violation under this paragraph or asking or
encouraging another person to do so; or
(6) Other intentional or knowing egregious conduct that imminently threatens
public health and safety or conduct that shows a willful or reckless disregard for
public health and safety that poses an imminent risk to public health and safety.
B. "Major registration violation" means a serious violation that does not imminently
jeopardize public safety. "Major registration violation" is limited to:
(1) Misleading the office for the purposes of involving a person with a
disqualifying drug offense in the operation of a registrant;
(2) Intentionally or knowingly diverting harvested cannabis or cannabis products
for medical use to the illicit market or to a cannabis establishment under the
Cannabis Legalization Act;
(3) Except as provided in paragraph A, subparagraphs (2) and (3), treating or
otherwise adulterating harvested cannabis with any chemical that alters the color,
appearance, weight or smell of the cannabis or that increases its potency, toxicity
or addictiveness in a manner not authorized under this chapter;
(4) Selling or transferring cannabis plants, harvested cannabis or cannabis
products for medical use to a person under 21 years of age who is not a minor
qualifying patient;
(5) Intentionally or knowingly making deliveries of harvested cannabis to a safe
zone designated by a municipality pursuant to Title 30-A, section 3253 unless
otherwise authorized under this chapter;
(6) Allowing a minor to be an assistant of the registrant unless otherwise authorized
under this chapter;
(7) Cultivating cannabis plants in an amount that is equal to or greater than 150%
of the total number of cannabis plants or plant canopy the registrant is authorized
to cultivate under this chapter;
(8) Intentionally or knowingly misrepresenting any cannabis product to a
qualifying patient, registrant or the public, including:
(a) Its contents;
(b) Its testing results; or
(c) Its potency; Page 15 - 131LR0543(05)
(9) Refusing, 2 or more times, to permit the office to inspect locations where the
registrant conducts authorized activities;
(10) Intentionally or knowingly destroying, damaging, altering, removing or
concealing potential evidence of a violation under this paragraph or asking or
encouraging another person to do so; or
(11) Any violation in paragraph C that is a knowing violation or that the registrant
has committed 3 or more times.
C. "Minor registration violation" means a negligent violation. "Minor registration
violation" is limited to:
(1) Procuring or in any way aiding or assisting in procuring, furnishing, selling or
delivering cannabis or cannabis products for or to a minor who is not a qualifying
patient;
(2) Cultivating more cannabis plants than the registrant is authorized to cultivate
under this chapter, but less than 150% of the total number of cannabis plants or
plant canopy authorized;
(3) Supplying adulterated or misbranded harvested cannabis or cannabis products;
(4) Failing to obtain or maintain any required licenses, permits or certificates from
another state agency or a municipality, as applicable, for the conduct of activities
authorized by this chapter; or
(5) A 2nd violation of any other requirement of this chapter or the rules adopted
pursuant to this chapter that is not expressly listed in this subsection.
Sec. A-27. 22 MRSA §2430-I, sub-§2, as enacted by PL 2023, c. 365, §20, is
amended to read:
2. Penalties. For a registration violation, the department, in accordance with this
section, on its own initiative or on complaint and after investigation, may, by written order:
A. Impose an administrative penalty in accordance with this section for a violation.
Penalties collected pursuant to this paragraph must be credited to the Medical Use of
Cannabis Fund established under section 2430;
B. Seize and destroy cannabis or cannabis products under subsection 5 subsections 5
and 6; and
C. Suspend or revoke a registry identification card or registration certificate issued
under this chapter for a violation.
For a first violation of this chapter or rules adopted pursuant to this chapter, other than a
registration violation under subsection 1-A or a violation under subsection 4, the office
may only provide technical assistance to the registrant and may not impose a penalty or
suspend or revoke a registration.
Sec. A-28. 22 MRSA §2430-I, sub-§3, as enacted by PL 2023, c. 365, §20, is
amended to read:
3. Administrative penalties, generally.
penalties for a violation of this chapter or rules adopted under this chapter as follows: Page 16 - 131LR0543(05)
A. For a registered caregiver who does not operate a retail store and a covered entity
registrant agent:
(1) Not more than $200 for each minor registration violation;
(2) Not more than $600 for each major registration violation; or
(3) Not more than $1,500 for each major registration violation affecting public
safety; and
B. For a covered entity registrant, except a registered caregiver who does not operate
a retail store:
(1) Not more than $1,000 for each minor registration violation;
(2) Not more than $3,000 for each major registration violation; or
(3) Not more than $7,500 for each major registration violation affecting public
safety.
Sec. A-29. 22 MRSA §2430-I, sub-§4, as enacted by PL 2023, c. 365, §20, is
amended to read:
4. Administrative penalty for sale or transfer to nonpatient.
notify a covered entity registrant within one business day after the department discovers
that a covered entity registrant or covered entity registrant agent sold, furnished or gave
cannabis for medical use to a person who is not authorized to possess cannabis for medical
use under this chapter. Both the covered entity registrant and covered entity registrant
agent that sold, furnished or gave cannabis for medical use to a person who is not authorized
to possess cannabis for medical use may be held responsible as follows.
A. The first time a covered entity registrant or covered entity registrant agent sells,
furnishes or gives cannabis for medical use to a person who is not authorized to possess
cannabis for medical use under this chapter, the covered entity registrant or covered
entity registrant agent that sold, furnished or gave cannabis for medical use to a person
not authorized to possess cannabis for medical use may be subject to an administrative
penalty for a minor registration violation.
B. The 2nd time a covered entity registrant or covered entity registrant agent sells,
furnishes or gives cannabis for medical use to a person who is not authorized to possess
cannabis for medical use under this chapter, the covered entity registrant or covered
entity registrant agent that sold, furnished or gave cannabis for medical use to a person
not authorized to possess cannabis for medical use may be subject to an administrative
penalty for a major registration violation.
C. The 3rd time a covered entity registrant or covered entity registrant agent sells,
furnishes or gives cannabis for medical use to a person who is not authorized to possess
cannabis for medical use under this chapter and for any subsequent violations of this
subsection thereafter, the covered entity registrant or covered entity registrant agent
that sold, furnished or gave cannabis for medical use to a person not authorized to
possess cannabis for medical use may be subject to suspension or revocation of the
covered entity's registrant's or covered entity registrant agent's registry identification
card or registration certificate or an administrative penalty for a major registration
violation. Page 17 - 131LR0543(05)
A covered entity registrant is subject to the penalties in this section whether the covered
entity registrant violated this subsection or the covered entity registrant agent violated this
subsection. Violations of this section by a covered entity registrant are cumulative whether
the same or a different covered entity registrant agent violated this subsection.
Sec. A-30. 22 MRSA §2430-I, sub-§5, as enacted by PL 2023, c. 365, §20, is
amended to read:
5. Forfeit and destruction under final order.
and destruction of cannabis plants, cannabis or cannabis products when a final order is
issued.
A. If the department issues a final order imposing an administrative penalty under this
section, the department may require, in the final order, that all or a portion of the
cannabis plants, cannabis or cannabis products in the possession of the covered entity
registrant subject to the final order be destroyed.
B. The covered entity registrant subject to the final order shall forfeit the cannabis
plants, cannabis or cannabis products to the department or destroy the cannabis plants,
cannabis and cannabis products at the time and place and in the manner required by the
department in writing.
Sec. A-31. 22 MRSA §2430-I, sub-§6, as enacted by PL 2023, c. 365, §20, is
amended to read:
6. Destruction prohibition.
that there is a pending investigation of a covered entity registrant subject to a final order
under this section, the department may not destroy, or allow the covered entity registrant
to destroy, any cannabis plants, cannabis or cannabis products of that covered entity
registrant until the destruction is approved by the criminal justice agency.
Sec. A-32. 22 MRSA §2430-I, sub-§8, as enacted by PL 2023, c. 365, §20, is
repealed and the following enacted in its place:
8. Suspension.
subsection.
A. The office may suspend a registration, for a period of up to one year, upon a finding
of:
(1) A major registration violation affecting public safety;
(2) A pattern of major registration violations in a 60-month period; or
(3) A violation of subsection 1-A, paragraph B, subparagraph (7).
B. A registrant whose registration has been suspended pursuant to this subsection may
not, for the duration of the suspension period, engage in any activities otherwise
authorized under this chapter, except that the registrant may do what is reasonably
necessary to wind down processes and may harvest any cannabis plants currently
growing but may not start any new plants or make any transfers or sales.
C. The office may permit the transfer of a suspended registry identification card or
registration certificate to another person in order for the person to undertake some or
all of the registrant's operations during the period of suspension. A registry
identification card or registration certificate may not be transferred to any person that Page 18 - 131LR0543(05)
is not qualified to be a registrant under this chapter. A suspended registry identification
card or registration certificate may not be transferred pursuant to this paragraph if such
a transfer would result in the receiving registrant exceeding the amount of plant canopy
or mature cannabis plants the receiving registrant is authorized to cultivate or in any
other violation of this chapter.
Sec. A-33. 22 MRSA §2430-I, sub-§8-A is enacted to read:
8-A. Revocation.
subsection.
A. The office may revoke a registration for a period of up to one year, upon a finding
of:
(1) A major registration violation affecting public safety; or
(2) A pattern of major registration violations in a 60-month period.
B. A registrant whose registration has been revoked pursuant to this subsection shall
cease all activities otherwise authorized under this chapter until the revocation period
ends and the registration is reauthorized.
Sec. A-34. 22 MRSA §2430-I, sub-§9, as enacted by PL 2023, c. 365, §20, is
repealed and the following enacted in its place:
9. Maine Administrative Procedure Act; final agency action; appeals.
otherwise provided in this chapter or the rules adopted pursuant to this chapter, the
imposition of an administrative penalty on a registrant by the office, including, but not
limited to, the provision of notice and the conduct of hearings, is governed by the Maine
Administrative Procedure Act. A final order of the office imposing an administrative
penalty is a final agency action, as defined in Title 5, section 8002, subsection 4, and the
registrant may appeal that final order to the Superior Court in accordance with Rule 80C
of the Maine Rules of Civil Procedure.
Sec. A-35. 22 MRSA §2430-I, sub-§10 is enacted to read:
10. Notification.
or investigation by the office or a criminal justice agency, the office identifies a violation
of this chapter or the rules adopted pursuant to this chapter, the office shall, within 5
business days of identifying the violation, provide written notification of the violation to
the registrant. The registrant, within 5 days of receiving notification, shall provide the office
with a plan of correction, if applicable, for the identified violation, including a time frame
for the correction. If, after a follow-up inspection, the office decides to impose a monetary
penalty on the registrant, the office shall notify the registrant of the monetary penalty in a
timely manner after the follow-up inspection. Notice under this subsection does not
constitute final agency action.
PART B
Sec. B-1. 28-B MRSA, headnote is amended to read:
TITLE 28-B
ADULT USE CANNABIS Page 19 - 131LR0543(05)
Sec. B-2. 28-B MRSA §102, as amended by PL 2023, c. 6, §12 and c. 408, §§1 to
3, is repealed.
Sec. B-3. 28-B MRSA §102-A is enacted to read:
§102-A. Definitions
As used in this chapter and chapter 3, unless the context otherwise indicates, the
following terms have the following meanings.
1. Adult use cannabis. "Adult use cannabis" means cannabis cultivated,
manufactured, distributed or sold by a cannabis establishment.
2. Adult use cannabis product. "Adult use cannabis product" means a cannabis
product that is manufactured, distributed or sold by a cannabis establishment.
3. Another jurisdiction. "Another jurisdiction" means the Federal Government, the
United States military, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam,
American Samoa and each of the several states of the United States except Maine.
4. Applicant. "Applicant" means a person that submits an application for a license
under this chapter to the office for review that the department has not yet approved or
denied.
5. Batch. "Batch" means:
A. A specific quantity of adult use cannabis harvested during a specified period of
time from a specified cultivation area within a cultivation facility; or
B. A specific quantity of adult use cannabis or adult use cannabis products produced
during a specified period of time in a specified manufacturing area within a products
manufacturing facility.
6. Batch number. "Batch number" means a distinct group of numbers, letters or
symbols, or any combination thereof, assigned to a specific batch of adult use cannabis by
a cultivation facility or to a specific batch of adult use cannabis or adult use cannabis
products by a products manufacturing facility.
7. Business entity. "Business entity" means a partnership, association, company,
corporation, limited liability company or other entity incorporated or otherwise formed or
organized by law. "Business entity" does not include a federal, state or municipal
government organization.
8. Cannabis. "Cannabis" means the leaves, stems, flowers and seeds of a cannabis
plant, whether growing or not. "Cannabis" includes cannabis concentrate but does not
include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D or a cannabis
product.
9. Cannabis concentrate. "Cannabis concentrate" means the resin extracted from any
part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or
preparation from such resin, including, but not limited to, hashish. "Cannabis concentrate"
does not include resin extracted from hemp as defined in Title 7, section 2231, subsection
1‑A, paragraph D. In determining the weight of cannabis concentrate in a cannabis product,
the weight of any other ingredient combined with cannabis or cannabis concentrate to
prepare the cannabis product may not be included. Page 20 - 131LR0543(05)
10. Cannabis establishment. "Cannabis establishment" means a cultivation facility,
a products manufacturing facility, a testing facility, a cannabis store or a sample collector
licensed under this chapter.
11. Cannabis extraction. "Cannabis extraction" means the process of extracting
cannabis concentrate from cannabis using water, lipids, gases, solvents or other chemicals
or chemical processes. "Cannabis extraction" does not include the process of extracting
concentrate from hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
12. Cannabis flower. "Cannabis flower" means the pistillate reproductive organs of
a mature cannabis plant, whether processed or unprocessed, including the flowers and buds
of the plant. "Cannabis flower" does not include cannabis trim or whole mature cannabis
plants or the flower of hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph
D.
13. Cannabis paraphernalia. "Cannabis paraphernalia" means equipment, products,
devices and materials that are used for planting, propagating, cultivating, harvesting,
processing, preparing, testing, packaging or storing adult use cannabis or used for
ingesting, inhaling or otherwise consuming adult use cannabis. "Cannabis paraphernalia"
includes, but is not limited to:
A. Kits used for planting, propagating, cultivating or harvesting a cannabis plant;
B. Isomerization devices used for adjusting the potency of a cannabis plant;
C. Testing equipment used for identifying or analyzing the potency, effectiveness or
purity of a cannabis plant or cannabis;
D. Scales and balances used for weighing or measuring cannabis;
E. Separation gins and sifters used for removing twigs and seeds from, or in otherwise
cleaning or refining, cannabis;
F. Envelopes and other containers used for packaging small quantities of cannabis for
adult use;
G. Containers and other objects used for storing cannabis;
H. Rolling papers, cigarette papers or wraps used for rolling cannabis for smoking;
I. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without
screens, chillums or punctured metal bowls used for smoking cannabis; and
J. Electronic smoking devices used for simulating the smoking of cannabis or cannabis
products through the inhalation of vapor or aerosol from the device.
14. Cannabis plant. "Cannabis plant" means all species of the plant genus Cannabis
sativa L., including, but not limited to, a mother plant, a mature cannabis plant, an immature
cannabis plant or a seedling. "Cannabis plant" does not include hemp as defined in Title 7,
section 2231, subsection 1‑A, paragraph D.
15. Cannabis product. "Cannabis product" means a product composed of cannabis
or cannabis concentrate and other ingredients that is intended for use or consumption.
"Cannabis product" includes, but is not limited to, an edible cannabis product, a cannabis
ointment and a cannabis tincture. "Cannabis product" does not include cannabis
concentrate or a product containing hemp as defined in Title 7, section 2231, subsection
1‑A, paragraph D. Page 21 - 131LR0543(05)
16. Cannabis store.
purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation
facility, to purchase adult use cannabis and adult use cannabis products from a products
manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature
cannabis plants, seedlings and other products to consumers.
17. Cannabis trim.
processed or unprocessed, that is not cannabis flower or a cannabis seed except that
"cannabis trim" does not include the stalks or roots of the cannabis plant. "Cannabis trim"
does not include any part of a hemp plant as defined in Title 7, section 2231, subsection
1‑A, paragraph D.
18. Caregiver. "Caregiver" has the same meaning as in Title 22, section 2421-A,
subsection 11.
19. Child-resistant. "Child-resistant" means, with respect to packaging or a container:
A. Specially designed or constructed to be significantly difficult for a typical child
under 5 years of age to open and not to be significantly difficult for a typical adult to
open and reseal; and
B. With respect to any product intended for more than a single use or that contains
multiple servings, resealable.
20. Colocation. "Colocation" means the siting of multiple licensees or the siting of a
licensee with a registered caregiver or registered dispensary within a licensed premises.
21. Commissioner. "Commissioner" means the Commissioner of Administrative and
Financial Services.
22. Container. "Container" means a sealed package in which adult use cannabis or
an adult use cannabis product is placed by a licensee prior to sale to a consumer and that
meets all applicable packaging, labeling and health and safety requirements of this chapter
and the rules adopted pursuant to this chapter.
23. Criminal justice agency. "Criminal justice agency" has the same meaning as in
Title 16, section 803, subsection 4.
24. Cultivation or cultivate. "Cultivation" or "cultivate" means the planting,
propagation, growing, harvesting, drying, curing, grading, trimming or other processing of
cannabis for use or sale. "Cultivation" or "cultivate" does not include manufacturing,
testing or cannabis extraction.
25. Cultivation facility.
chapter to purchase cannabis plants and seeds from other cultivation facilities; to cultivate,
prepare and package adult use cannabis; to sell adult use cannabis to products
manufacturing facilities, to cannabis stores and to other cultivation facilities; and to sell
cannabis plants and seeds to other cultivation facilities and immature cannabis plants and
seedlings to cannabis stores or adults.
26. Department. "Department" means the Department of Administrative and
Financial Services. Page 22 - 131LR0543(05)
27. Direct or indirect financial interest.
any interest in a sole proprietorship or business entity that is applying for or holds a
cannabis establishment license, including:
A. Proprietors, partners, shareholders, persons with membership interests and persons
with any other equity ownership interests, such as purchase warrants or options,
whether whole or partial. If the equity owner is a business entity, all business entities
and natural persons that have an aggregate ownership interest in that equity owner
business entity of 5% or more are deemed to be indirect financial interests of the
applicant or licensee;
B. Any employee, independent contractor, professional or other person who has an
agreement with the applicant or licensee that provides for the person's attaining any
form of equity ownership, except that employee equity ownership vested pursuant to
an employee stock ownership program is governed by paragraph E. If the other equity
owner is a business entity, all business entities and natural persons that have an
aggregate ownership interest in that other equity owner business entity of 5% or more
are deemed to be indirect financial interests of the applicant or licensee;
C. All persons who expect to receive financial payment in the form of royalty
payments, profit sharing, revenue sharing or similar payment, such as, but not limited
to, royalty license partners, parties to a profit-sharing agreement, capital investors and
management contractors or consultants. If the non-owner interest is a business entity,
all business entities and natural persons that have an aggregate ownership interest in
that non-owner interest business entity of 5% or more are deemed to be indirect
financial interest holders of the applicant or licensee; and
E. Any shares designated solely for inclusion in a portion of shares reserved for
employees of the applicant or licensee for the purpose of vesting an equity ownership
interest in an employee or employees of the licensee. A licensee offering an employee
stock ownership program must designate a percentage of equity ownership interests for
the employee stock ownership program and must report annually the identity of any
person holding an equity interest in the licensee through the employee stock ownership
program.
28. Disqualifying drug offense. "Disqualifying drug offense" means a conviction for
a violation of a state or federal controlled substance law that is a crime punishable by
imprisonment for one year or more, except that "disqualifying drug offense" does not
include:
A. An offense for which the sentence, including any term of probation, incarceration
or supervised release, was completed 5 or more years prior to the submission of an
application for a license under this chapter; or
B. An offense that consisted of conduct that would be authorized under this Title or
that, if the person convicted of the offense had been acting under the authority of a
license pursuant to this Title, would have been authorized under this Title.
29. Edible cannabis product. "Edible cannabis product" means a cannabis product
intended to be consumed orally, including, but not limited to, any type of food, drink or pill
containing cannabis or cannabis concentrate. "Edible cannabis product" does not include Page 23 - 131LR0543(05)
an edible product containing hemp as defined in Title 7, section 2231, subsection 1‑A,
paragraph D.
30. Flowering. "Flowering" means, with respect to a cannabis plant, the gametophytic
or reproductive state of a female cannabis plant during which the plant is in a light cycle
intended to produce flowers, trichomes and cannabinoids characteristic of cannabis.
31. Identity statement. "Identity statement" means the name of a business entity as
it is commonly known and used in any advertising or marketing by the business entity.
32. Immature cannabis plant. "Immature cannabis plant" means a cannabis plant
that is not a mature cannabis plant or a seedling. "Immature cannabis plant" does not
include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
33. Inherently hazardous substance. "Inherently hazardous substance" means a
liquid chemical, compressed gas or commercial product that has a flash point at or lower
than 38 degrees Celsius or 100 degrees Fahrenheit, including, but not limited to, butane,
propane and diethyl ether. "Inherently hazardous substance" does not include any form of
alcohol or ethanol.
34. Intoxication. "Intoxication" means a substantial impairment of an individual's
mental or physical faculties as a result of drug or alcohol use.
35. Law enforcement officer. "Law enforcement officer" has the same meaning as
in Title 17‑A, section 2, subsection 17.
36. Licensed premises. "Licensed premises" means the premises specified in a license
to operate a cannabis establishment within which the licensee is authorized under this
chapter and the rules adopted pursuant to this chapter to cultivate, manufacture, distribute,
test or sell adult use cannabis or adult use cannabis products.
37. Licensee. "Licensee" means a person licensed pursuant to this chapter to operate
a cannabis establishment.
38. Limited access area. "Limited access area" means a building, room or other area
within the licensed premises of a cannabis establishment where a licensee is authorized to
cultivate, store, weigh, manufacture, package or otherwise prepare for sale adult use
cannabis and adult use cannabis products in accordance with the provisions of this chapter
and the rules adopted pursuant to this chapter.
39. Maine Medical Use of Cannabis Act. "Maine Medical Use of Cannabis Act"
means the program established in Title 22, chapter 558-C.
40. Manufacturing or manufacture. "Manufacturing" or "manufacture" means the
production, blending, infusing, compounding or other preparation of cannabis and cannabis
products, including, but not limited to, cannabis extraction or preparation by means of
chemical synthesis. "Manufacturing" or "manufacture" does not include cultivation or
testing.
41. Mature cannabis plant. "Mature cannabis plant" means a cannabis plant that is
flowering. "Mature cannabis plant" does not include hemp as defined in Title 7, section
2231, subsection 1‑A, paragraph D.
42. Minor. "Minor" means a person who has not attained 21 years of age. Page 24 - 131LR0543(05)
43. Mother plant. "Mother plant" means a cannabis plant that is used solely for the
taking of seedling cuttings. "Mother plant" does not include hemp as defined in Title 7,
section 2231, subsection 1‑A, paragraph D.
44. Municipality. "Municipality" means a city, town or plantation in this State that is
not located within the unorganized and deorganized areas.
45. Office. "Office" means the Office of Cannabis Policy established in section 104-A
within the department.
46. Permitted premises for a specified event. "Permitted premises for a specified
event" means the premises described in a specified event permit issued to a cannabis store
pursuant to section 504‑A where a cannabis store is authorized to sell adult use cannabis
and adult use cannabis products.
47. Person. "Person" means a natural person or a business entity.
48. Plan of record. "Plan of record" means, as applicable, a licensee's current facility
plan and the operating, cultivation and security information listed in the licensee's
application for a conditional or active license on file with and approved by the office.
49. Plant canopy. "Plant canopy" means the total surface area within the licensed
premises of a cultivation facility that is authorized by the office for use at any time by the
cultivation facility licensee to cultivate mature cannabis plants. The surface area of the
plant canopy must be calculated in square feet and measured using the outside boundaries
of the area and must include all of the area within the boundaries. If the surface area of the
plant canopy consists of noncontiguous areas, each component area must be separated by
identifiable boundaries. If a tiered or shelving system is used by the cultivation facility
licensee, the surface area of each tier or shelf must be included in calculating the area of
the plant canopy. Calculation of the area of the plant canopy may not include the areas
within the licensed premises of a cultivation facility that are used by the licensee to cultivate
immature cannabis plants and seedlings and that are not used by the licensee at any time to
cultivate mature cannabis plants.
50. Principal. "Principal" means:
A. A natural person operating as a sole proprietor;
B. The officers of a corporation organized pursuant to Title 13-C who have authority
to manage, direct or oversee the applicant's or licensee's operations, if the applicant or
licensee is a corporation;
C. The directors of a corporation organized pursuant to Title 13-C, if the applicant or
licensee is a corporation;
D. The shareholders of a corporation organized pursuant to Title 13-C, if no officers or
directors are appointed and the applicant or licensee is a corporation;
E. The general or limited partners of a partnership organized under Title 31, chapter
19, if the applicant or licensee is a partnership;
F. The nonmember managers or managing members of a limited liability company
organized under Title 31, chapter 21, if the applicant or licensee is organized as a
limited liability company; and Page 25 - 131LR0543(05)
G. Any other natural person to whom the applicant or licensee has given authority to
manage, direct or oversee the applicant's or licensee's operations.
If an officer, director, shareholder, partner, manager or member under paragraph B, C, D,
E or F is a business entity, "principal" means any natural person to whom the business
entity has given authority to manage, direct or oversee the applicant's or licensee's
operations.
"Principal" does not include those persons whose managerial responsibilities are limited to
staff supervision and who are not authorized to act on behalf of the applicant or licensee.
For purposes of this subsection, "operations" does not include human resources,
information technology, marketing or accounting and finance.
51. Products manufacturing facility. "Products manufacturing facility" means a
facility licensed under this chapter to purchase adult use cannabis from a cultivation facility
or another products manufacturing facility; to manufacture, label and package adult use
cannabis and adult use cannabis products; and to sell adult use cannabis and adult use
cannabis products to cannabis stores and to other products manufacturing facilities.
52. Propagation. "Propagation" means the process of reproducing cannabis plants
through the use of cannabis seeds, cuttings or grafting.
53. Qualifying patient. "Qualifying patient" means a person who possesses a valid
certification for the medical use of cannabis pursuant to Title 22, section 2423‑B.
54. Registered caregiver. "Registered caregiver" has the same meaning as in Title
22, section 2421-A, subsection 40.
55. Registered dispensary. "Registered dispensary" has the same meaning as in Title
22, section 2421-A, subsection 41.
56. Sale or sell. "Sale" or "sell" means a transfer or delivery of cannabis or cannabis
products for consideration.
57. Sample. "Sample" means:
A. An amount of adult use cannabis or an amount of an adult use cannabis product
provided to a testing facility by a cannabis establishment or other person for testing or
research and development purposes pursuant to subchapter 6;
B. An amount of adult use cannabis or an amount of an adult use cannabis product
collected from a licensee by the office for the purposes of testing the cannabis or
cannabis product for product quality control purposes pursuant to section 512,
subsection 2;
C. An amount of adult use cannabis provided by a cultivation facility to another
licensee for business or marketing purposes pursuant to section 501, subsection 8;
D. An amount of adult use cannabis or an amount of an adult use cannabis product
provided to another licensee by a products manufacturing facility for business or
marketing purposes pursuant to section 502, subsection 6;
E. An amount of adult use cannabis or an amount of an adult use cannabis product
collected by a sample collector licensee and provided to a testing facility for testing
pursuant to section 503‑A; or Page 26 - 131LR0543(05)
F. An amount of adult use cannabis or an amount of an adult use cannabis product
provided to a consumer pursuant to section 504, subsection 12.
58. Sample collector. "Sample collector" means a person licensed under this chapter
to collect samples of cannabis and cannabis products for testing and to transport and deliver
those samples to a testing facility for testing.
59. Seedling. "Seedling" means a cannabis plant or rooted cutting that is:
A. Not flowering;
B. Less than 24 inches in height; and
C. Less than 24 inches in width.
60. Specified event. "Specified event" means an event that occurs outside the licensed
premises of a cannabis store that is not conducted primarily for the benefit or enjoyment of
individuals under 21 years of age and that is not more than 10 consecutive days in duration
or 10 occurrences in duration. For purposes of this subsection, "occurrence" means an
event that is less than 24 hours in duration and that occurs during the same calendar year
as another occurrence.
61. Specified event permit. "Specified event permit" means a temporary
authorization for a cannabis store to conduct sales of adult use cannabis and adult use
cannabis products on the permitted premises for a specified event in accordance with
section 504‑A.
62. Tamper-evident. "Tamper-evident" means, with respect to a device or process,
bearing a seal, a label or a marking that makes unauthorized access to or tampering with a
package, product or container easily detectable.
63. Testing or test. "Testing" or "test" means the research and analysis of cannabis,
cannabis products or other substances for contaminants, safety or potency. "Testing" or
"test" includes the collection of samples of cannabis and cannabis products for testing
purposes, but does not include cultivation or manufacturing.
64. Testing facility. "Testing facility" means a facility licensed under this chapter to
develop, research and test cannabis, cannabis products and other substances.
65. THC. "THC" means tetrahydrocannabinol.
66. Universal symbol. "Universal symbol" means an image developed by the office,
and made available to licensees, that indicates that a container, package or product contains
cannabis or contains or is a cannabis product.
67. Unorganized and deorganized areas. "Unorganized and deorganized areas" has
the same meaning as in Title 12, section 682, subsection 1.
68. Visibly intoxicated.
accompanied by a perceptible act, a series of acts or the appearance of an individual that
clearly demonstrates the state of intoxication.
Sec. B-4. 28-B MRSA §104, as enacted by PL 2017, c. 409, Pt. A, §6 and amended
by PL 2021, c. 669, §5, is repealed.
Sec. B-5. 28-B MRSA §104-A is enacted to read:
§104-A. Office of Cannabis Policy Page 27 - 131LR0543(05)
The Legislature finds cannabis to be an emerging agricultural and manufacturing
industry in the State contributing to the State's overall economy.
The Legislature further finds that a well-regulated cannabis industry remains the most
effective tool in diminishing the impact of illicit-market cannabis activity within the State.
For these purposes, the Office of Cannabis Policy is established within the Department
of Administrative and Financial Services and is maintained for the administration and
enforcement of this Act and the Maine Medical Use of Cannabis Act.
Sec. B-6. 28-B MRSA §104-B is enacted to read:
§104-B. Director of the Office of Cannabis Policy
The Director of the Office of Cannabis Policy, referred to in this chapter as "the
director," may employ personnel as necessary to implement, administer and enforce this
chapter and the rules adopted pursuant to this chapter and the Maine Medical Use of
Cannabis Act and the rules adopted pursuant to that Act.
1. Duties. The director shall:
A. Promote the health and well-being of the people of the State and advance policies
that protect public health and safety, emphasizing the health and well-being of minors,
as priority considerations in performing all duties, including those listed in this
subsection;
B. Ensure that the administration of the laws of and the rules adopted pursuant to this
Act and the Maine Medical Use of Cannabis Act is consistent, predictable and
equitable;
C. Ensure that qualifying patients maintain access to high-quality, effective and
affordable cannabis for medical use under the Maine Medical Use of Cannabis Act;
and
D. Develop good faith partnerships between the office and licensees.
Sec. B-7. 28-B MRSA §104-C is enacted to read:
§104-C. Rulemaking; consultation
The office may adopt rules necessary to implement, administer and enforce this
chapter. Except as otherwise provided in this chapter, all rules adopted pursuant to this
chapter are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
Notwithstanding Title 5, section 8072, subsection 11, rules provisionally adopted by the
office pursuant to this chapter and submitted for legislative review may not be finally
adopted by the office unless legislation authorizing final adoption is enacted into law.
The office shall consult with the Department of Agriculture, Conservation and Forestry
prior to the adoption of rules concerning the regulation of the cultivation, manufacture and
testing of adult use cannabis and adult use cannabis products at cultivation facilities,
products manufacturing facilities and testing facilities; the regulation of cannabis clones
and cannabis plants; the use of pesticides, fungicides and herbicides in cultivation; the
imposition of limits on the concentration of THC and other cannabinoids per serving in
adult use cannabis products; odor control standards, sanitary standards, refrigeration
requirements and storage and warehousing standards for licensees; and the regulation of Page 28 - 131LR0543(05)
the preparation, manufacture, testing, labeling and packaging of adult use cannabis and
adult use cannabis products.
The office shall consult with the Department of Labor prior to the adoption of rules
concerning workplace, employment or other labor matters involved in the regulation of
adult use cannabis and adult use cannabis products under this chapter.
The office shall consult with the Department of Public Safety prior to the adoption of
rules concerning public safety or law enforcement matters involved in the regulation of
adult use cannabis and adult use cannabis products under this chapter.
The office shall consult with the Department of Health and Human Services prior to
the adoption of rules concerning public health matters involved in the regulation of adult
use cannabis and adult use cannabis products under this chapter, including rules regarding
testing, labeling and packaging adult use cannabis and adult use cannabis products.
Sec. B-8. 28-B MRSA §105, first ¶, as amended by PL 2023, c. 396, §1, is further
amended to read:
The department office shall implement and administer a system, referred to in this
section as "the tracking system," for the tracking of cannabis plants, adult use cannabis and
adult use cannabis products from immature cannabis plant to the point of retail sale, return,
disposal or destruction. The tracking system must allow for cannabis plants at the stage of
cultivation and upon transfer from the stage of cultivation to another licensee to be tracked
by group. The department office may implement a tracking system that allows adult use
cannabis or adult use cannabis products to be tracked by group.
Sec. B-9. 28-B MRSA §105, 2nd ¶, as amended by PL 2023, c. 396, §2, is further
amended to read:
The department office shall ensure that the system implemented and administered
under this section, whether tracking individually or by group, maintains a detailed record
at every stage from immature cannabis plant to the point of retail sale, return, disposal or
destruction.
Sec. B-10. 28-B MRSA §105, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is repealed and the following enacted in its place:
1. Data submission requirements.
submit tracking data for adult use cannabis or adult use cannabis products to the office.
The tracking system must permit licensees to submit all required tracking data through
manual data entry or through the use of software that connects to the tracking system
maintained by the office through an application program interface, including without
limitation point-of-sale system software. Nothing in this subsection may be construed to
permit the submission of required tracking data using an application program interface that
cannot transmit all required data to the tracking system required by the office.
Sec. B-11. 28-B MRSA §105, sub-§1-B, as enacted by PL 2021, c. 628, §1 and
amended by c. 669, §5, is further amended to read:
1-B. Tagging.
required by the department by office under this chapter or rule adopted pursuant to this
chapter to each group of cannabis plants tracked under this section. The department office Page 29 - 131LR0543(05)
may not require cannabis plants that are being tracked as a group to be individually affixed
with a tag during cultivation or transfer to another licensee.
Sec. B-12. 28-B MRSA §105, sub-§1-C, as enacted by PL 2021, c. 628, §1 and
amended by c. 669, §5, is further amended to read:
1-C. Group transfers.
transferred to another licensee, the licensee transferring the group of cannabis plants must
provide a manifest that lists every cannabis plant within the group and any other relevant
information required by the department office by rule.
Sec. B-13. 28-B MRSA §105, sub-§2, as amended by PL 2021, c. 628, §1 and
amended by c. 669, §5, is further amended to read:
2. Rules. office shall adopt rules regarding the implementation and
administration of the tracking system and tracking requirements for licensees. Rules
adopted under this section must include, but are not limited to, the following:
A. Record-keeping requirements for the tracking of cannabis plants when tracked
individually and when tracked by group; and
B. Record-keeping requirements necessary to ensure the department's office's ability
to implement a recall for reasons related to health and safety when tracking cannabis
plants individually or by group.
Sec. B-14. 28-B MRSA §106, as enacted by PL 2017, c. 409, Pt. A, §6, is amended
to read:
§106. Individual identification cards
The department office shall issue individual identification cards to natural persons
licensed under this chapter and, upon the request of a licensee, shall issue individual
identification cards to owners, officers, managers principals, contractors, employees or
other support staff of the licensee who meet the requirements of this section for the issuance
of an individual identification card.
1. Rules. and
format of and the information to be included on individual identification cards issued
pursuant to this section.
1-A. Information and format; validity.
pursuant to this section must include:
A. The full name and date of birth of the licensee;
B. A photograph of the licensee;
C. The date of issuance and expiration date of the identification card; and
D. A randomly generated unique identification number.
An individual identification card is valid for 2 years from the issue date, remains the
property of the office and must be returned to the office upon demand. A person may not
alter, obscure, damage or deface an individual identification card. To be valid, an individual
identification card must be in good condition with all original markings and information
clearly legible. Page 30 - 131LR0543(05)
2. Criminal history record check for principals. Prior to issuing or renewing an
individual identification card to a natural person pursuant to this section who is a principal,
the department office shall require the person to submit to a criminal history record check
in accordance with section 204 every 2 years. A principal who has been convicted of a
disqualifying drug offense at any time within the 2-year period must report the conviction
to the office within 2 business days of the conviction. The licensee must be provided an
opportunity to remove the principal or transfer the principal's ownership interests pursuant
to section 210.
3. Criminal history record check for employees not required.
employee or other support staff of the licensee is not required to submit to a criminal history
record check pursuant to section 204 prior to the issuance of an individual identification
card by the office.
Sec. B-15. 28-B MRSA §107, as enacted by PL 2017, c. 409, Pt. A, §6 and amended
by PL 2021, c. 669, §5, is further amended to read:
§107. Collection and analysis of public health and safety data
The department office shall develop programs or initiatives to facilitate the collection
and analysis of data regarding the effects of the use of cannabis in the State, including, but
not limited to, youth and adult cannabis use; school suspension and discipline relating to
the use of cannabis; poison center calls, emergency department visits and hospitalizations
relating to the use of or exposure to cannabis; operating under the influence citations or
arrests relating to the use of cannabis; motor vehicle accidents, including information on
fatalities, relating to the use of cannabis; violent crime relating to the use of cannabis
generally; violent crime and property crime relating to the regulated and unregulated adult
use cannabis markets; and cannabis-related citations or arrests. The department office may
adopt rules to implement this section.
Sec. B-16. 28-B MRSA §108,
is further amended to read:
§108. Public health and safety programs
The department office shall develop and implement or facilitate the development and
implementation by a public or private entity of: programs, initiatives and campaigns
focused on increasing the awareness and education of the public on health and safety
matters and focused on addressing public and behavioral health needs relating to the use of
cannabis and cannabis products, including, but not limited to, programs, initiatives and
campaigns focused on preventing and deterring the use of cannabis and cannabis products
by persons under 21 years of age minors; and public and behavioral health programs and
services related to the use of cannabis and cannabis products, including, but not limited to,
evidence-based substance use disorder prevention and treatment programs, early
intervention services and grants for schools or community-based organizations that provide
programs for youth substance use disorder education and prevention as described under
Title 5, chapter 521. Programs, initiatives and campaigns developed and implemented
pursuant to this section may be funded with revenue from the Adult Use Cannabis Public
Health and Safety and Municipal Opt-in Fund established in section 1101. The department
office may adopt rules to implement this section. Page 31 - 131LR0543(05)
Sec. B-17. 28-B MRSA §109,
is further amended to read:
§109. Enhanced training for criminal justice agencies and municipalities
The department office shall develop and implement or facilitate the development and
implementation by a public or private entity of programs or initiatives providing enhanced
training for criminal justice agencies and municipal officers and employees in the
requirements and enforcement of this chapter and the rules adopted pursuant to this chapter,
including, but not limited to, programs providing grants to regional or local criminal justice
agencies or municipalities to train law enforcement officers and, if applicable, municipal
officers and employees in inspections, investigations, searches, seizures, forfeitures and
personal use and home cultivation allowances under this chapter and chapter 3 and the rules
adopted pursuant to this chapter; in drug recognition procedures and the general
enforcement of the State's motor vehicle laws relating to the use of cannabis; and in
restorative justice, jail diversion, cannabis industry-specific technical assistance and
mentoring for economically disadvantaged persons in communities disproportionately
affected by high rates of arrest and incarceration for cannabis-related offenses. Training
programs or initiatives developed and implemented pursuant to this section may be funded
with revenue from the Adult Use Cannabis Public Health and Safety and Municipal Opt-in
Fund established in section 1101. The department office may adopt rules to implement this
section.
Sec. B-18. 28-B MRSA §111, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6, is
amended to read:
A state, county or local agency or department, including, but not limited to, the
department office and a criminal justice agency, may not:
Sec. B-19. 28-B MRSA §113, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
1. Report required. 2025, and annually thereafter, the
department office shall submit a report to the joint standing committee of the Legislature
having jurisdiction over adult use cannabis matters as provided in this section.
Sec. B-20. 28-B MRSA §113, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
2. Report contents.
include the following information:
A. The number of applications for each type of license submitted to the department
office pursuant to this chapter during the prior calendar year, including, if applicable,
the number of applications for license renewals, and the number of each type of license
conditionally approved by the department office during the prior calendar year;
B. The total number of each type of active license issued by the department office
pursuant to this chapter in the prior calendar year following local authorization of a
conditionally approved licensee;
C. The total square footage of plant canopy approved by the department office for
active cultivation facilities licensed in the prior calendar year, the percentage of active
cultivation facility licenses by cultivation tier and, if applicable, the number of Page 32 - 131LR0543(05)
approved increases in the maximum plant canopy allowed under a tier 4 cultivation
facility license in the prior calendar year pursuant to section 304;
D. The total amount of application fees and license fees collected pursuant to this
chapter and the total amount of the excise and sales tax revenue collected on the sale
of adult use cannabis and adult use cannabis products during the prior calendar year;
E. An overview of current adult use cannabis-related staffing at the department office
and the cost to the department office to regulate the adult use cannabis industry in the
State during the prior fiscal year and cost projections for the upcoming fiscal year;
F. The total reported volume and value of adult use cannabis cultivated and sold by all
cultivation facilities in the prior calendar year, when available;
G. The total reported volume and value of adult use cannabis and adult use cannabis
products sold by all cannabis stores in the prior calendar year, when available;
H. The number of inspections of the licensed premises of licensees performed by the
department office during the prior calendar year and the results of those inspections,
including, but not limited to, the number of inspections resulting in license violations
and the percentage of all licensees inspected during the prior calendar year;
I. The number of license violations committed by licensees during the prior calendar
year and a breakdown of those violations into specific categories based on the type of
violation and the outcome of the violation, including, but not limited to, the total
amount of monetary penalties imposed and collected by the department office and the
percentage of total license violations resulting in the imposition of a monetary penalty,
license suspension or license revocation;
J. Public health and safety data collected, received or analyzed by the department
office pursuant to section 107 in the prior calendar year; and
K. Recommendations, including any suggested legislation, to address any issues with
the regulation of the adult use cannabis industry in the State encountered by the
department office in the prior calendar year.; and
L. A detailed account of income and expenditures for the Adult Use Cannabis
Regulatory Coordination Fund established in section 1102 and the Adult Use Cannabis
Public Health and Safety and Municipal Opt-in Fund established in section 1101.
Sec. B-21. 28-B MRSA §201, as amended by PL 2019, c. 676, §5 and PL 2021, c.
669, §5, is further amended to read:
§201. License process; license types
The department office, upon receipt of an application in the prescribed form that meets
all applicable requirements for licensure under this chapter and the rules adopted pursuant
to this chapter, shall issue to the applicant a conditional license to operate one or more of
the following types of cannabis establishments or shall deny the application in accordance
with section 206:
1. Cultivation facility.
205, subsection 2, paragraph A and subchapter 3, a cultivation facility license;
2. Testing facility.
subsection 2, paragraph B and section 503, subsection 2, a testing facility license; Page 33 - 131LR0543(05)
3. Products manufacturing facility. A products manufacturing facility license;
4. Cannabis store.
paragraph C, a cannabis store license; or
5. Sample collector.
subsection 2, paragraph B and section 503‑A, a sample collector license.
Except as provided in section 205, the department office may not impose any limitation
on the number of each type of license that it issues to a qualified individual applicant or on
the total number of each type of license that it issues to qualified applicants pursuant to this
chapter.
Sec. B-22. 28-B MRSA §202, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6 and
amended by PL 2021, c. 669, §5, is further amended to read:
An applicant for a license to operate a cannabis establishment must meet each of the
following requirements, if applicable. Except as otherwise provided in this section, if the
applicant is a business entity, every officer, director, manager and general partner principal
of the business entity must meet each of the requirements of this section. An applicant
shall disclose in or include with its application the names and addresses of the applicant
and all natural persons and business entities having a direct or indirect financial interest in
the applied-for license and the nature and extent of the financial interest held by each person
or entity and, if applicable, the nature and extent of any financial interest the person or
entity has in any other license applied for or issued under this chapter.
Sec. B-23. 28-B MRSA §202, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is
amended to read:
1. Age.
entity, every officer, director, manager and general partner principal of the business entity
must be at least 21 years of age.
Sec. B-24. 28-B MRSA §202, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6, is
repealed.
Sec. B-25. 28-B MRSA §202, sub-§12, as enacted by PL 2017, c. 409, Pt. A, §6,
is amended to read:
12. Compliance with application process; no false statement of material fact.
applicant must have completed all application forms required by the department office fully
and truthfully and complied with all information requests of the department office relating
to the license application. A license may not be issued to an applicant that has knowingly
or recklessly made any false statement of material fact to the department office in applying
for a license under this chapter. The department office shall revoke the license of a licensee
pursuant to subchapter 8 if, subsequent to the issuance of the license, the department office
determines that the licensee knowingly or recklessly made a false statement of material fact
to the department office in applying for the license.
Sec. B-26. 28-B MRSA §203, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6 and
amended by PL 2021, c. 669, §5, is further amended to read:
An applicant for a license to operate a cannabis establishment shall submit, and the
department office shall consider in determining whether to grant the license, the following Page 34 - 131LR0543(05)
additional information. If the applicant is a business entity, the applicant must submit the
information required by this section for every officer, director, manager and general partner
principal of the business entity.
Sec. B-27. 28-B MRSA §203, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is
repealed.
Sec. B-28. 28-B MRSA §204, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6, is
amended to read:
The department office shall request a criminal history record check for each applicant
for a an initial license under this chapter and may at any time require a licensee to submit
to a criminal history record check in accordance with this section and for each licensee
every 2 years thereafter. If the applicant or licensee is a business entity, every officer,
director, manager and general partner principal of the business entity is required to submit
to a criminal history record check in accordance with this section. A criminal history record
check conducted pursuant to this section must include criminal history record information
obtained from the Maine Criminal Justice Information System established in Title 16,
section 631 and the Federal Bureau of Investigation.
Sec. B-29. 28-B MRSA §204, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6, is
amended to read:
4. Fees. office shall by rule set the amount of the fee to be paid by an
individual under subsection 3 for each criminal history record check required to be
performed under this section.
Sec. B-30. 28-B MRSA §204, sub-§6, as enacted by PL 2017, c. 409, Pt. A, §6, is
amended to read:
6. Use of criminal history record information.
record information obtained by the department office under this section may be used only
for the purpose of screening an applicant for a license or a licensee under this chapter or as
necessary for the issuance of an individual identification card under section 106.
Sec. B-31. 28-B MRSA §204, sub-§7, as enacted by PL 2017, c. 409, Pt. A, §6, is
amended to read:
7. Confidentiality.
department office pursuant to this section is confidential, is for the official use of the
department office only and may not be disseminated outside of the department office or
disclosed to any other person or entity except as provided in subsection 5.
Sec. B-32. 28-B MRSA §204, sub-§8, as enacted by PL 2017, c. 409, Pt. A, §6, is
amended to read:
8. Rules. office, after consultation with the Department of Public
Safety, Bureau of State Police, State Bureau of Identification, shall adopt rules to
implement this section.
Sec. B-33. 28-B MRSA §205, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is
amended to read:
1. Forms; payment of fees.
and furnished by the department office for the type of license sought along with the Page 35 - 131LR0543(05)
appropriate application fee as determined by the department office pursuant to section 207.
The office may implement and maintain an online portal to receive applications and accept
application fees electronically.
Sec. B-34. 28-B MRSA §205, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
3. Issuance of conditional license.
license to operate a cannabis establishment or for renewal of an existing license to operate
a cannabis establishment, the department office either shall issue to the applicant a
conditional license to operate the cannabis establishment if the applicant meets all
applicable requirements for licensure under this chapter and the rules adopted pursuant to
this chapter or shall deny the application in accordance with section 206.
A. A licensee that has been issued a conditional license by the department office may
not engage in the cultivation, manufacture, testing or sale of adult use cannabis or adult
use cannabis products until the department office has issued an active license to the
licensee pursuant to subsection 4.
B. A conditional license issued by the department office pursuant to this subsection is
effective for a period of one year from the date of issuance and may not be renewed.
If a licensee issued a conditional license by the department office fails to obtain an
active license from the department office pursuant to subsection 4 within one year from
the date of issuance of the conditional license, the conditional license expires.
Sec. B-35. 28-B MRSA §205, sub-§4, as amended by PL 2021, c. 226, §5 and c.
669, §5, is further amended to read:
4. Issuance of active license upon certification of local authorization and payment
of applicable license fee.
office shall issue an active license to an applicant that has been issued a conditional license
pursuant to subsection 3 and that meets all applicable requirements of this subsection. Prior
to issuance of an active license pursuant to this subsection, the department office shall
require an applicant that has been issued a conditional license to submit information
necessary for the department office to determine that the applicant continues to meet all
applicable requirements for conditional licensure under this subchapter. The department
office may refuse to issue an active license to an applicant if the department office
determines that the applicant no longer meets all applicable requirements for conditional
licensure under this subchapter.
A. Within 10 days of receiving certification of local authorization from a municipality
as required by section 402, subsection 3, paragraph B or, in the case of a cannabis
establishment to be located in the unorganized and deorganized areas, from the Maine
Land Use Planning Commission as required by section 403, subsection 3, paragraphs
B and C, the department office shall notify the applicant that certification of local
authorization has been confirmed and that, in order for the department office to issue
an active license, the applicant must:
(1) Pay the applicable license fee required pursuant to section 207;
(2) Submit a facility plan that specifies the location, size and layout of the cannabis
establishment within the municipality or, in the case of a cannabis establishment Page 36 - 131LR0543(05)
to be located in the unorganized and deorganized areas, within the town, plantation
or township in which the cannabis establishment will be located;
(3) If the application is for a license to operate a cultivation facility, submit updated
operating and cultivation plans as required under section 302 based upon the actual
premises to be licensed, except that, if no changes to the original operating and
cultivation plans submitted by the applicant are necessary based upon the actual
premises to be licensed, then the applicant may satisfy this requirement by
resubmitting the original operating and cultivation plans and noting on those plans
that no changes are necessary;
(4) If the application is for any license except a sample collector license or a license
to operate a testing facility, register with the State Tax Assessor pursuant to Title
36, section 1754‑B to collect and remit the sales tax on the sale of adult use
cannabis and adult use cannabis products imposed under Title 36, section 1811;
and
(5) If the application is for a license to operate a cultivation facility, register with
the State Tax Assessor pursuant to Title 36, section 4922 to collect and remit the
excise tax on the sale of adult use cannabis imposed under Title 36, chapter 723.
B. The department office shall prepare and furnish to applicants, municipalities and
the Maine Land Use Planning Commission a certification form by which the
municipality may certify to the department office that the applicant has obtained local
authorization as required by section 402, subsection 3, paragraph B or, in the case of a
cannabis establishment to be located in the unorganized and deorganized areas, the
Maine Land Use Planning Commission may certify to the department office that the
applicant has obtained local authorization as required by section 403, subsection 3,
paragraphs B and C. Notwithstanding any provision of this chapter to the contrary,
applicants for a sample collector license are not required to seek local authorization
prior to issuance of an active license by the department office but must submit all other
information required by the department office under this chapter and the rules adopted
pursuant to this chapter.
C. Upon receipt of payment of the applicable license fee and any other documentation
required under paragraph A, the department office shall issue an active license to the
applicant. The license must specify the date of issuance of the license, the period of
licensure, the date of expiration of the license, the name of the licensee and the address
of the licensed premises.
Sec. B-36. 28-B MRSA §205, sub-§5, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
5. Each license separate. office to an applicant
under this chapter is separate and distinct from any other license issued by the department
office to that same applicant under this chapter. A person must obtain a separate license
under this chapter for each proposed geographical location of any type of cannabis
establishment.
Sec. B-37. 28-B MRSA §205, sub-§6, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read: Page 37 - 131LR0543(05)
6. Licensee must maintain possession of premises.
licensee must at all times maintain possession of the licensed premises of the cannabis
establishment that the licensee is licensed to operate, whether pursuant to a lease, rental
agreement or other arrangement for possession of the premises or by virtue of ownership
of the premises. If a licensee fails to maintain possession of the licensed premises, the
licensee shall immediately cease all activities relating to the operation of the cannabis
establishment and may apply to the department office for relocation of the licensed
premises pursuant to section 211 or may terminate its license pursuant to section 212.
Sec. B-38. 28-B MRSA §206, as enacted by PL 2017, c. 409, Pt. A, §6 and amended
by PL 2021, c. 669, §5, is further amended to read:
§206. Denial of license
1. Denial for good cause. office, for good cause, may deny an
application for an initial license, a license renewal, a transfer of ownership interests or a
relocation of licensed premises. Denial of an application by the department office pursuant
to this section constitutes a final agency action as defined in Title 5, section 8002,
subsection 4.
2. Good cause defined.
department office that:
A. An applicant or licensee has violated, does not meet or has failed to comply with
any of the terms, conditions or provisions of this chapter, the rules adopted pursuant to
this chapter or any other applicable state or local law, rule or regulation; or
B. An applicant or licensee has failed to comply with any special terms, consent decree
or conditions placed upon the previously issued license pursuant to an order of the
department office; the municipality in which the licensed premises are located; the
town or plantation in the unorganized and deorganized areas in which the licensed
premises are located; in the case of a township in the unorganized and deorganized
areas in which the licensed premises are located, the county commissioners of the
county in which the township is located; or, in the case of a cannabis establishment
located in the unorganized and deorganized areas, the Maine Land Use Planning
Commission.
3. Notification of denial and right to appeal. office's
determination to deny a license application, the department office shall notify the applicant
in writing of the denial, the basis for the denial and the applicant's right to appeal the denial
to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.
Sec. B-39. 28-B MRSA §207, as amended by PL 2019, c. 676, §8 and PL 2021, c.
669, §5, is further amended to read:
§207. Application fees; license fees
The department office, in accordance with the provisions of this section, shall adopt by
rule a licensing fee schedule establishing fees that are designed to meet, but not to exceed,
the estimated licensing, enforcement and administrative costs of the department office
under this chapter.
1. Fees for cultivation facilities.
office shall require payment of an application fee and a license fee as follows: Page 38 - 131LR0543(05)
A. For a tier 1 cultivation facility license, as described in section 301, subsection 1, an
application fee of $100 and a license fee as follows:
(1) If the applicant has applied for a plant-count-based tier 1 cultivation facility
license as described in section 301, subsection 1, paragraph A, a license fee of not
more than $9 per mature cannabis plant for an outdoor cultivation facility and not
more than $17 per mature cannabis plant for an indoor cultivation facility or a
cultivation facility with both indoor and outdoor cultivation areas; or
(2) If the applicant has applied for a plant-canopy-based tier 1 cultivation facility
license as described in section 301, subsection 1, paragraph B, a license fee of not
more than $250 for an outdoor cultivation facility and not more than $500 for an
indoor cultivation facility or a cultivation facility with both indoor and outdoor
cultivation areas;
B. For a tier 2 cultivation facility license, as described in section 301, subsection 2, an
application fee of $500 and a license fee of not more than $1,500 for an outdoor
cultivation facility and not more than $3,000 for an indoor cultivation facility or a
cultivation facility with both indoor and outdoor cultivation areas;
C. For a tier 3 cultivation facility license, as described in section 301, subsection 3, an
application fee of $500 and a license fee of not more than $5,000 for an outdoor
cultivation facility and not more than $10,000 for an indoor cultivation facility or a
cultivation facility with both indoor and outdoor cultivation areas;
D. For a tier 4 cultivation facility license, as described in section 301, subsection 4, an
application fee of $500 and a license fee of not more than $15,000 for an outdoor
cultivation facility and not more than $30,000 for an indoor cultivation facility or a
cultivation facility with both indoor and outdoor cultivation areas, except that, for a tier
4 cultivation facility license for which an increased amount of licensed plant canopy
has been approved by the department office pursuant to section 304, for each approved
increase in the amount of licensed plant canopy, the department office may increase
the maximum license fee by not more than $5,000 for an outdoor cultivation facility
and by not more than $10,000 for an indoor cultivation facility or a cultivation facility
with both indoor and outdoor cultivation areas; and
E. For a nursery cultivation facility license, as described in section 301, subsection 5,
an application fee of $60 and a license fee of $350.
2. Fees for products manufacturing facilities and cannabis stores.
manufacturing facility license or a cannabis store license, the department office shall
require payment of an application fee of $250 and a license fee of not more than $2,500.
3. Fees for testing facilities. office shall
require payment of an application fee of $250 and a license fee of not more than $1,000.
3-A. Fees for sample collectors. office
shall require payment of an application fee of $100 and a license fee of not more than $250.
4. Payment of fees; fees to be deposited into Adult Use Cannabis Regulatory
Coordination Fund.
office at the time that the applicant submits an application for licensure to the department
office for processing. An applicant shall pay the license fee required by the department
office in accordance with section 205, subsection 4. All fees collected by the department Page 39 - 131LR0543(05)
office pursuant to this section must be deposited into the Adult Use Cannabis Regulatory
Coordination Fund established in section 1102.
5. Return of fees prohibited. office may not return to an applicant
or licensee or reimburse an applicant or licensee for any portion of an application or license
fee paid by the applicant or licensee, regardless of whether the applicant withdraws its
application prior to a final decision of the department office on the application, the licensee
voluntarily terminates its license pursuant to section 212 or the department office suspends
or revokes the licensee's license in accordance with the provisions of subchapter 8.
Sec. B-40. 28-B MRSA §208, as enacted by PL 2017, c. 409, Pt. A, §6, is amended
to read:
§208. License term
An active license issued by the department office pursuant to section 205, subsection
4 is effective for a period of one year from the date of issuance and may be renewed
pursuant to section 209.
Sec. B-41. 28-B MRSA §209, as amended by PL 2019, c. 676, §9 and PL 2021, c.
669, §5, is further amended to read:
§209. License renewal
1. Notification of expiration date.
license issued under section 205, subsection 4, the department office shall notify the
licensee of the expiration date and the opportunity for renewal. Except as otherwise
provided in this section, a licensee seeking to renew an existing license must file an
application for renewal with the department office, on forms prepared and furnished by the
department office, not less than 30 days prior to the date of expiration of the license.
2. Extension for good cause shown; late applications.
1, the department office may for good cause shown accept an application for renewal of an
existing license less than 30 days prior to the date of expiration of the license upon the
payment of a late application fee to the department office. The department office may not
accept an application for renewal of a license after the date of expiration of that license.
3. Operation under expired license.
of its existing license and pays all required fees under this section prior to the expiration of
the license may continue to operate the cannabis establishment under that license
notwithstanding its expiration until such time as the department office takes final action on
the renewal application, except when the department office suspends or revokes the license
in accordance with the provisions of subchapter 8 prior to taking final action on the renewal
application.
4. Expired license; cessation of activity and forfeiture of cannabis and cannabis
products.
immediately cease all activities relating to the operation of the cannabis establishment
previously authorized under that license and ensure that all adult use cannabis and adult
use cannabis products cultivated, manufactured or otherwise in the possession of the person
pursuant to that license are forfeited to the department office for destruction in accordance
with section 803. Page 40 - 131LR0543(05)
5. Renewal application process; fees; rules.
license to operate a cannabis establishment must shall pay to the department office a
renewal application fee or, if applicable, a late renewal application fee, and must shall
demonstrate continued compliance with all applicable licensing criteria under this chapter,
including, but not limited to, obtaining local authorization as required by section 402,
subsection 3, paragraph B or, in the case of a cannabis establishment located in the
unorganized and deorganized areas, as required by section 403, subsection 3, paragraphs B
and C, except that an applicant seeking renewal of a license is not required to submit to a
criminal history record check under section 204 unless specifically required to do so by the
department office.
A. The department office may not issue an active license to a licensee seeking renewal
of a license until the licensee obtains local authorization as required by section 402,
subsection 3, paragraph B or, in the case of a cannabis establishment located in the
unorganized and deorganized areas, as required by section 403, subsection 3,
paragraphs B and C, pays the applicable license fee required under section 207 and
meets all other applicable requirements for the issuance of an active license under
section 205, subsection 4. Notwithstanding any provision of this chapter to the
contrary, a sample collector licensee is not required to seek local authorization as a
condition for renewal of that license by the department office but must submit all other
information required by the department office under this chapter and the rules adopted
pursuant to this chapter.
B. The department office shall by rule set forth requirements for the submission,
processing and approval of a renewal application, which must include, but are not
limited to, setting of a reasonable renewal application fee and a reasonable late renewal
application fee.
Sec. B-42. 28-B MRSA §210, as enacted by PL 2017, c. 409, Pt. A, §6, is amended
to read:
§210. Transfer of ownership interests
1. Transfer application. office, on forms
prepared and furnished by the department office, for approval to transfer ownership
interests in the license, including, but not limited to, a transfer of only a portion of the
ownership interests in the license.
1-A. Prior notice and approval not required.
a license does not result in a new person obtaining, or an existing person increasing an
ownership interest in the license equal to or greater than 5%, the licensee is not required to
obtain prior approval for the transfer from the office and the licensee may report the transfer
of ownership interest at the time the license is renewed. Nothing in this subsection may be
construed to allow a licensee to add an owner or increase ownership interest in violation of
this chapter.
2. Compliance with licensure requirements; rules.
ownership interest in a license pursuant to this section must demonstrate to the department
office compliance with all applicable requirements for licensure under this chapter and the
rules adopted under this chapter. The department office shall by rule adopt requirements
for the submission of a license transfer application and standards for the approval of a Page 41 - 131LR0543(05)
license transfer application, including, but not limited to, provisions relating to local
authorization of a transfer of ownership interests in a license.
3. Temporary appointee.
contrary, in cases of death, disability, bankruptcy, judicial dissolution or other exceptional
circumstances, unless a court appoints a temporary appointee, the office may approve a
temporary appointee to take possession of, operate, manage, control or wind down a
licensee's operations. Under such circumstances:
A. A temporary appointee must be otherwise qualified under the provisions of this
chapter to be a licensee;
B. A temporary appointee may not transfer adult use cannabis or adult use cannabis
products unless authorized as a licensee under this chapter; and
C. The licensee shall submit a plan of temporary appointment, on forms made available
by the office, as soon as practicable but no later than 60 days after a qualifying event.
For purposes of this subsection, "temporary appointee" means a court-appointed receiver,
personal representative, executor, administrator, guardian, conservator, trustee or similarly
situated person or person approved by the office pursuant to this section.
Sec. B-43. 28-B MRSA §211, as enacted by PL 2017, c. 409, Pt. A, §6 and amended
by PL 2021, c. 669, §5, is further amended to read:
§211. Relocation of licensed premises
1. Relocation application. office, on forms
prepared and furnished by the department office, for approval to relocate the licensed
premises of the cannabis establishment that the licensee is licensed to operate.
2. Local authorization required. office shall, within 10 days of
receiving certification of local authorization pursuant to section 402, subsection 3,
paragraph B from the municipality in which the relocated licensed premises are to be
located or pursuant to section 403, subsection 3, paragraphs B and C from the Maine Land
Use Planning Commission if the relocated licensed premises are to be located in the
unorganized and deorganized areas, notify the licensee that local authorization has been
confirmed for the relocation and that the licensee may proceed with relocation, and the
department office shall issue to the licensee an updated license specifying the address of
the new premises.
3. Effect on license term.
does not extend or otherwise modify the license term of the license subject to relocation.
4. Rules. office shall by rule adopt requirements for the submission
of a license relocation application and standards for the approval of a relocation application.
Sec. B-44. 28-B MRSA §212, as enacted by PL 2017, c. 409, Pt. A, §6 and amended
by PL 2021, c. 669, §5, is further amended to read:
§212. Termination Abandonment or cessation of license
1. Notification of termination abandonment or cessation required. A licensee may
not permanently abandon the licensed premises of the licensee or otherwise permanently
cease all activities relating to the operation of the cannabis establishment under its license,
whether voluntarily or pursuant to a license revocation in accordance with subchapter 8, Page 42 - 131LR0543(05)
without notifying the department and the municipality in which the licensed premises are
located that voluntarily abandons the licensed premises or otherwise permanently ceases
all activities relating to the operation of a cannabis establishment under its license shall
notify the office and the municipality in which the licensed premises are located at least 48
hours in advance of the abandonment or termination cessation.
2. Forfeiture and destruction of cannabis and cannabis products.
abandoning the licensed premises of the licensee or terminating ceasing operations, a
licensee shall provide the department office and the municipality in which the licensed
premises are located with a full accounting of all adult use cannabis and adult use cannabis
products located within the licensed premises and forfeit the cannabis and cannabis
products to the department office for destruction in accordance with section 803.
For the purposes of this section, "municipality" means, in the case of a cannabis
establishment not located in the unorganized and deorganized areas, the city, town or
plantation in which the cannabis establishment is located; or, in the case of a cannabis
establishment located in the unorganized and deorganized areas, the Maine Land Use
Planning Commission and the town or plantation in which the cannabis establishment is
located or, in the case of a cannabis establishment located in a township, the county
commissioners of the county in which the township is located.
Sec. B-45. 28-B MRSA §213, as enacted by PL 2017, c. 409, Pt. A, §6, is amended
to read:
§213. Notice of new owner, officer, manager or employee principal
Before any proposed new owner, officer, manager or employee principal may own,
manage, work for or otherwise associate with a licensee, the licensee shall notify the
department office in writing of the name, address and date of birth of the proposed new
owner, officer, manager or employee and the principal. The proposed new owner, officer,
manager or employee principal shall submit to a criminal history record check pursuant to
section 204, obtain an individual identification card pursuant to section 106 and, in the case
of a new owner principal or other person assuming an equity ownership interest or a partial
equity ownership interest in the license, obtain approval for the transfer of ownership
interests pursuant to section 210, unless the transfer of ownership interests is otherwise
exempt from prior approval under section 210, subsection 1-A.
Sec. B-46. 28-B MRSA §214, as enacted by PL 2017, c. 409, Pt. A, §6, is amended
to read:
§214. Inactive licenses
The department office may revoke or refuse to renew any license if it determines that
the licensed premises have been inactive without reasonable justification for a period of
one year or more.
Sec. B-47. 28-B MRSA §215, as enacted by PL 2017, c. 409, Pt. A, §6 and amended
by PL 2021, c. 669, §5, is further amended to read:
§215. Notification to municipality; sharing of information with Bureau of Revenue
Services
The department office shall notify a municipality within 14 days of the date the
department office approves, renews, denies, suspends or revokes the license of a licensee Page 43 - 131LR0543(05)
whose licensed premises are located or proposed to be located in the municipality; imposes
a monetary penalty on a licensee located within the municipality; approves relocation of
the licensed premises of a cannabis establishment to or from the municipality; or approves
a transfer of ownership interest in a license with respect to which the licensed premises are
located within the municipality.
The department office shall provide the department's Bureau of Revenue Services with
the same information provided to a municipality under this section at the time that the
department office notifies the municipality.
For the purposes of this section, "municipality" has the same meaning as in section
212.
Sec. B-48. 28-B MRSA §301, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6, is
further amended to read:
Subject to the requirements and restrictions of this subchapter and the requirements of
subchapter 2, the department office may issue to an applicant any of the following types of
cultivation facility licenses:
Sec. B-49. 28-B MRSA §302, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6, is
further amended to read:
In addition to the information required to be submitted to the department office
pursuant to subchapter 2 and the rules relating to licensure of a cultivation facility adopted
pursuant to this chapter, an applicant for a cultivation facility license shall submit to the
department office the following information.
Sec. B-50. 28-B MRSA §303, as enacted by PL 2017, c. 409, Pt. A, §6 and amended
by PL 2021, c. 669, §5, is further amended to read:
§303. Increase in cultivation tier upon renewal
A licensee seeking renewal of a cultivation facility license may, if applicable and in
accordance with this section, apply for a tier of cultivation facility license with a greater
area of authorized plant canopy than is authorized under the licensee's current cultivation
facility license.
1. Approval criteria. office may issue the applied-for tier of
cultivation facility license if the licensee otherwise meets all applicable requirements for
continued licensure under this chapter and the rules adopted pursuant to this chapter and
the licensee has demonstrated to the department's office's satisfaction that:
A. The licensee has over the current period of licensure sold at least 85% of the adult
use cannabis cultivated by the licensee at its cultivation facility; and
B. The approval of the applied-for tier of cultivation facility license will not cause the
licensee to exceed the combined plant canopy limitation in section 205, subsection 2,
paragraph A.
2. Consideration of renewal of current license tier if approval criteria not met.
the department office determines that the licensee has failed to satisfy the requirements of
this section for the applied-for tier of cultivation facility license, the department office shall
consider renewing the licensee's license at the current tier.
This section does not apply to a nursery cultivation facility licensee. Page 44 - 131LR0543(05)
Sec. B-51. 28-B MRSA §304, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
1. Approval criteria. office may approve the requested increase if
the licensee otherwise meets all applicable requirements for continued licensure under this
chapter and the rules adopted pursuant to this chapter and the licensee has demonstrated to
the department's office's satisfaction that the licensee has over the past 2-year period of
licensure sold at least 85% of the adult use cannabis cultivated by the licensee at its
cultivation facility.
Sec. B-52. 28-B MRSA §304, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6, is
further amended to read:
2. Consideration of renewal of current licensed amount of plant canopy if
approval criteria not met. office determines that the licensee has failed
to satisfy the requirements of this section for the requested increase, the department office
shall consider renewing the licensee's license at the current tier and currently authorized
maximum area of plant canopy.
Sec. B-53. 28-B MRSA §402, sub-§1, ¶B,
§6 and amended by PL 2021, c. 669, §5, is further amended to read:
B. The person has been issued by the department office a conditional license to operate
the cannabis establishment pursuant to section 205, subsection 3.
Sec. B-54. 28-B MRSA §402, sub-§3, ¶C, as enacted by PL 2017, c. 409, Pt. A,
§6 and amended by PL 2021, c. 669, §5, is further amended to read:
C. The person has been issued by the department office an active license to operate
the cannabis establishment pursuant to section 205, subsection 4.
Sec. B-55. 28-B MRSA §402, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended by amending the first blocked
paragraph to read:
A municipality may certify to the department office a person's compliance with the
requirements of paragraph B on the form prepared and furnished by the department office
pursuant to section 205, subsection 4, paragraph B.
Sec. B-56. 28-B MRSA §403, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
1. Request for local authorization to operate cannabis establishment in town,
plantation or township in unorganized and deorganized areas prohibited unless
generally allowed by town or plantation or by county commissioners on behalf of
township.
or township located within the unorganized and deorganized areas may not request local
authorization pursuant to subsection 3 to operate the cannabis establishment and the town,
plantation or, in the case of a township, the county commissioners of the county in which
the township is located may not accept as complete the person's request for local
authorization unless:
A. In the case of a town or plantation, the legislative body of the town or plantation
has voted to allow some or all types of cannabis establishments within the town or Page 45 - 131LR0543(05)
plantation, including the type of cannabis establishment the person seeks to operate and
the person has been issued by the department office a conditional license to operate the
cannabis establishment pursuant to section 205, subsection 3; or
B. In the case of a township, the county commissioners of the county in which the
township is located have voted to allow some or all types of cannabis establishments
within the township, including the type of cannabis establishment the person seeks to
operate and the person has been issued by the department office a conditional license
to operate the cannabis establishment pursuant to section 205, subsection 3.
Sec. B-57. 28-B MRSA §403, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
2. Minimum authorization criteria.
may not certify to the department office local authorization of a cannabis establishment
within a town, plantation or township located within the unorganized and deorganized areas
pursuant to subsection 3 if:
A. The cannabis establishment is proposed to be located within 1,000 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 cannabis 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. For the purposes of this paragraph, "school" has the same meaning as in section
402, subsection 2, paragraph A; or
B. The person requesting local authorization to operate the cannabis establishment
fails to demonstrate possession or entitlement to possession of the proposed licensed
premises of the cannabis establishment pursuant to a lease, rental agreement or other
arrangement for possession of the premises or by virtue of ownership of the premises.
Sec. B-58. 28-B MRSA §403, sub-§3, ¶D, as enacted by PL 2017, c. 409, Pt. A,
§6 and amended by PL 2021, c. 669, §5, is further amended to read:
D. The person has been issued by the department office an active license to operate
the cannabis establishment pursuant to section 205, subsection 4.
Sec. B-59. 28-B MRSA §403, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended by amending the first blocked
paragraph to read:
The town, plantation or, in the case of a township, the county commissioners of the county
in which the township is located, shall certify to the Maine Land Use Planning Commission
that the person has obtained all applicable local approvals, permits or licenses not relating
to land use planning and development as required under paragraph B. The Maine Land
Use Planning Commission may certify to the department office a person's compliance with
the requirements of paragraphs B and C on the form prepared and furnished by the
department office pursuant to section 205, subsection 4, paragraph B.
Sec. B-60. 28-B MRSA §405, as enacted by PL 2017, c. 409, Pt. A, §6 and amended
by PL 2021, c. 669, §5, is further amended to read:
§405. Information requests Page 46 - 131LR0543(05)
A municipality may request that the department office provide any information
obtained by the department office pursuant to the provisions of subchapter 2 or 3 that the
municipality determines necessary for the administration of its local authorization process
for cannabis establishments under this subchapter. Unless the information is confidential
pursuant to law or rule, the department office, in a timely manner, shall provide the
information requested pursuant to this section. For the purposes of this section,
"municipality" has the same meaning as in section 212.
Sec. B-61. 28-B MRSA §501, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
2. Retail sale of adult use cannabis without separate cannabis store license
prohibited.
to sell adult use cannabis, immature cannabis plants or seedlings to consumers unless the
cultivation facility licensee obtains from the department office a separate license to operate
a cannabis store and otherwise complies with all applicable requirements under this chapter
and the rules adopted pursuant to this chapter concerning the operation of cannabis stores.
A cultivation facility may not give away adult use cannabis, adult use cannabis products or
cannabis plants to a consumer.
Sec. B-62. 28-B MRSA §501, sub-§3, ¶E,
§6, is amended to read:
E. The department shall office may adopt rules regulating the operation of nursery
cultivation facilities.
Sec. B-63. 28-B MRSA §501, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
4. Cannabis extraction without separate products manufacturing facility license
prohibited.
concentrate by cannabis extraction unless the cultivation facility licensee has obtained from
the department office a separate license to operate a products manufacturing facility and
otherwise meets the requirements under this chapter and the rules adopted pursuant to this
chapter concerning the operation of a products manufacturing facility and concerning
cannabis extraction. A cultivation facility licensee with a separate license to operate a
products manufacturing facility may share hallways or other common areas with the
products manufacturing facility.
Sec. B-64. 28-B MRSA §501, sub-§5, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by c. 452, §37 and PL 2021, c. 669, §5, is further amended to read:
5. Use of shared facility for cultivation of adult use cannabis and cannabis for
medical use.
to this subsection, a cultivation facility licensee that is also a registered caregiver or a
registered dispensary may cultivate adult use cannabis pursuant to this chapter within the
same facility in which the licensee also cultivates cannabis for medical use pursuant to the
Maine Medical Use of Cannabis Act. A cultivation facility licensee may share a facility
for cultivation with a registered caregiver or registered dispensary pursuant to this
subsection as long as at least one owner of the cultivation facility is also the registered
caregiver or an owner of the registered dispensary but is not required to have identical
ownership. Page 47 - 131LR0543(05)
A. A cultivation facility licensee that cultivates cannabis under this subsection must
comply with all applicable requirements of this chapter and the rules adopted pursuant
to this chapter concerning the operation of cultivation facilities.
B. Except as provided in paragraph C, the areas of the shared facility in which adult
use cannabis is cultivated must be separated from the areas of the shared facility in
which cannabis for medical use is cultivated in a manner that provides for a visually
conspicuous delineation of the physical space between the cultivation area for adult use
cannabis and the cultivation area for cannabis for medical use. For the purposes of this
paragraph, "visually conspicuous delineation" means a permanently constructed
physical barrier including, but not limited to, a wall or fencing.
C. The following items or areas within the shared facility may be shared for both the
cultivation of adult use cannabis and the cultivation of cannabis for medical use:
(1) Cultivation-related and noncultivation-related equipment, except that
cultivation-related equipment may not be simultaneously used for the cultivation
of adult use cannabis and the cultivation of cannabis for medical use;
(2) Cultivation-related and noncultivation-related supplies or products not
containing cannabis or cannabis products and the storage areas for those supplies
or products; and
(3) General office space, bathrooms, entryways and walkways.
D. Each cannabis plant within the shared facility must be tagged or otherwise identified
as an adult use cannabis plant or a cannabis plant for medical use.
E. The department shall adopt rules governing the use of a shared facility by a
cultivation facility licensee that is also a registered caregiver or a registered dispensary,
which must include, but are not limited to, requirements for the maintenance of a log
or other record relating to the use of the shared facility space, shared equipment and
shared supplies or products to ensure compliance with the requirements of this chapter
and the rules adopted pursuant to this chapter and the requirements of the Maine
Medical Use of Cannabis Act.
F. The office may require a cultivation facility licensee to provide a colocation plan
describing how the licensee will ensure that cultivation-related equipment will not be
simultaneously used for the cultivation of adult use cannabis and cannabis for medical
use and how the licensee will ensure that adult use cannabis will be kept separate from
cannabis for medical use pursuant to the requirements of this chapter and the rules
adopted pursuant to this chapter and the Maine Medical Use of Cannabis Act.
Sec. B-65. 28-B MRSA §501, sub-§6, as amended by PL 2019, c. 231, Pt. B, §3
and PL 2021, c. 669, §5, is repealed.
Sec. B-66. 28-B MRSA §501, sub-§7, ¶C, as enacted by PL 2017, c. 409, Pt. A,
§6 and amended by PL 2021, c. 669, §5, is further amended to read:
C. The department shall office may adopt rules regarding the outdoor cultivation of
adult use cannabis by a cultivation facility licensee, including, but not limited to,
security requirements specific to outdoor cultivation operations and requirements for
shielding outdoor cultivation operations from public view.
Sec. B-67. 28-B MRSA §501, sub-§12 is enacted to read: Page 48 - 131LR0543(05)
12. Acquisition of seeds and seedlings.
contrary, a cultivation facility licensee or nursery cultivation facility licensee may acquire
seeds or seedlings as follows:
A. By lawful purchase from another cultivation facility licensee, including a nursery
cultivation facility licensee; or
B. By gift from an individual, who must be at least 21 years of age and a resident of
the State:
(1) A licensee may not accept, during a 90-day period, more than one transfer of
2 1/2 ounces of seeds or more than one transfer of 12 seedlings from each
individual gifting seeds or seedlings to that licensee during that 90-day period;
(2) Before accepting a gift of seeds or seedlings from an individual, the licensee
must receive approval from the office, in writing, to accept the gift of seeds or
seedlings. A licensee that receives seeds or seedlings as a gift from an individual
shall record on forms made available by the office the full name, contact telephone
number and the identification number of a valid state identification belonging to
each individual;
(3) The individual gifting the seeds or seedlings to the licensee may not receive
remuneration of any kind in return; and
(4) The gift of the seeds or seedlings must not be conditional or contingent upon
any other terms or requirements of the licensee.
Any seeds or seedlings acquired pursuant to this subsection must be tracked pursuant to
section 105.
Sec. B-68. 28-B MRSA §502, sub-§1-A is enacted to read:
1-A. Manufacture of products not containing cannabis.
subsection 1, a products manufacturing facility licensee that also has a license issued from
the Department of Agriculture, Conservation and Forestry pursuant to subsection 10 may
manufacture for sale or distribution any products that the facility is authorized to
manufacture or distribute pursuant to the provisions of that license, including products that
do not contain cannabis, except that a products manufacturing facility licensee is prohibited
from extracting hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D or
manufacturing products that contain hemp or ingredients derived from hemp that do not
also contain cannabis. Nothing in this subsection may be construed to prohibit a products
manufacturing facility licensee from using ingredients derived from hemp in the
manufacture of cannabis products.
A. A products manufacturing facility licensee that manufactures adult use cannabis and
adult use cannabis products within the same facility in which the licensee also
manufactures products that do not contain cannabis must comply with all applicable
requirements of this chapter and the rules adopted pursuant to this chapter concerning
the operation of products manufacturing facilities.
B. The following items or areas within the facility may be shared for both the
manufacturing of adult use cannabis and adult use cannabis products and the
manufacturing of products that do not contain cannabis: Page 49 - 131LR0543(05)
(1) Manufacturing-related and nonmanufacturing-related equipment and supplies,
except that manufacturing-related equipment and supplies may not be
simultaneously used for the manufacturing of adult use cannabis and adult use
cannabis products and the manufacturing of products that do not contain cannabis;
(2) Manufacturing-related and nonmanufacturing-related supplies or products that
do not contain cannabis or cannabis products and the storage areas for those
supplies or products; and
(3) General office space, bathrooms, entryways and walkways.
C. A products manufacturing facility licensee must ensure that:
(1) Manufacturing-related equipment and supplies are not simultaneously used for
the manufacturing of cannabis and cannabis products and the manufacturing of
products that do not contain cannabis;
(2) Manufacturing-related equipment is sanitized between the manufacturing of
cannabis and cannabis products and the manufacturing of products that do not
contain cannabis;
(3) Cannabis and cannabis products are kept separate from products that do not
contain cannabis;
(4) Cannabis and cannabis products are packaged and labeled accurately pursuant
to the requirements of this chapter and the rules adopted pursuant to this chapter;
(5) Products that do not contain cannabis are packaged and labeled accurately
pursuant to the provisions of the license issued by another department to
manufacture products that do not contain cannabis; and
(6) Any person manufacturing products that do not contain cannabis in a licensed
manufacturing facility obtains an individual identification card from the office
pursuant to section 106, except that the person is not required to submit to a
criminal history record check.
Sec. B-69. 28-B MRSA §502, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
2. Retail sale of adult use cannabis or adult use cannabis products without
separate cannabis store license prohibited.
sell or offer to sell adult use cannabis or adult use cannabis products to consumers unless
the products manufacturing facility licensee obtains from the department office a separate
license to operate a cannabis store and otherwise complies with all applicable requirements
under this chapter and the rules adopted pursuant to this chapter concerning the operation
of cannabis stores. A products manufacturing facility may not give away adult use
cannabis, adult use cannabis products or cannabis plants to a consumer.
Sec. B-70. 28-B MRSA §502, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
3. Cultivation of cannabis without separate cultivation facility license prohibited.
A products manufacturing facility shall purchase all cannabis necessary for its
manufacturing processes from a cultivation facility and may not engage in the cultivation
of cannabis unless the products manufacturing facility licensee obtains from the department Page 50 - 131LR0543(05)
office a separate license to operate a cultivation facility and otherwise meets all applicable
requirements under this chapter and under the rules adopted pursuant to this chapter
concerning the operation of cultivation facilities. A products manufacturing facility
licensee with a separate license to operate a cultivation facility may share hallways or other
common areas with the cultivation facility.
Sec. B-71. 28-B MRSA §502, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by c. 452, §37 and PL 2021, c. 669, §5, is further amended to read:
4. Use of shared facility for manufacture of adult use cannabis products and
cannabis products for medical use.
the rules adopted pursuant to this subsection, a products manufacturing facility licensee
that is also a registered caregiver or a registered dispensary may manufacture adult use
cannabis and adult use cannabis products pursuant to this chapter within the same facility
in which the licensee also manufactures cannabis concentrate and cannabis products for
medical use pursuant to the Maine Medical Use of Cannabis Act. A products
manufacturing facility licensee that shares a facility for products manufacturing with a
registered caregiver or registered dispensary pursuant to this subsection must have at least
one owner that is the registered caregiver or an owner of the registered dispensary but is
not required to have identical ownership.
A. A products manufacturing facility licensee that manufactures adult use cannabis
and adult use cannabis products within the same facility in which the licensee also
manufactures cannabis concentrate and cannabis products for medical use must comply
with all applicable requirements of this chapter and the rules adopted pursuant to this
chapter concerning the operation of products manufacturing facilities.
B. The following items or areas within the shared facility may be shared for both the
manufacturing of adult use cannabis and adult use cannabis products and the
manufacturing of cannabis concentrate and cannabis products for medical use:
(1) Manufacturing-related and nonmanufacturing-related equipment, except that
manufacturing-related equipment may not be simultaneously used for the
manufacturing of adult use cannabis and adult use cannabis products and the
manufacturing of cannabis concentrate and cannabis products for medical use;
(2) Manufacturing-related and nonmanufacturing-related supplies or products not
containing cannabis or cannabis products and the storage areas for those supplies
or products; and
(3) General office space, bathrooms, entryways and walkways.
C. The department shall adopt rules governing the use of a shared facility by a products
manufacturing facility licensee that is also a registered caregiver or a registered
dispensary, including, but not limited to, requirements for the maintenance of a log or
other record relating to the use of the shared facility space, shared equipment and
shared supplies or products to ensure compliance with the requirements of this chapter
and the rules adopted pursuant to this chapter and the requirements of the Maine
Medical Use of Cannabis Act.
D. A manufacturing facility licensee must ensure that: Page 51 - 131LR0543(05)
(1) Manufacturing-related equipment is not simultaneously used for the
manufacturing of adult use cannabis and adult use cannabis products and the
manufacturing of cannabis concentrate and cannabis products for medical use;
(2) Adult use cannabis and adult use cannabis products are kept separate from
cannabis concentrate and cannabis products for medical use; and
(3) Cannabis and cannabis products are packaged and labeled accurately pursuant
to the requirements of this chapter and the rules adopted pursuant to this chapter
and the Maine Medical Use of Cannabis Act.
Sec. B-72. 28-B MRSA §502, sub-§7, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
7. Cannabis extraction.
subsection, a products manufacturing facility licensee may manufacture cannabis
concentrate by cannabis extraction using water, lipids, gases, solvents or other chemicals
or chemical processes.
A. A products manufacturing facility licensee may engage in cannabis extraction using
a solvent or other chemical or chemical process that is not and does not involve an
inherently hazardous substance if:
(1) The solvent or other chemical or chemical process is listed by the department
office by rule as approved for use in cannabis extraction; or
(2) The products manufacturing facility licensee requests and obtains from the
department office written approval to engage in cannabis extraction using a solvent
or other chemical or chemical process that is not and does not involve an inherently
hazardous substance and that is not listed by the department office by rule as
approved for use in cannabis extraction.
The department office shall adopt by rule a list of those solvents or other chemicals or
chemical processes that are not and do not contain an inherently hazardous substance
that the department office approves for use in cannabis extraction by products
manufacturing facilities.
B. A products manufacturing facility licensee may not engage in cannabis extraction
involving the use of any inherently hazardous substance unless:
(1) The licensee submits to the department office a request for approval of the
cannabis extraction method the facility plans to engage in that includes a
description of the proposed cannabis extraction method and a certification from an
industrial hygienist or professional engineer following a review of the facility's
storage, preparation, electrical, gas monitoring, fire suppression and exhaust
systems; and
(2) The department office approves in writing the proposed cannabis extraction
method.
The department office, within 14 days of receipt of a request for approval under this
paragraph, shall notify the products manufacturing facility licensee in writing whether
the request is approved or denied. Page 52 - 131LR0543(05)
Sec. B-73. 28-B MRSA §502, sub-§9, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
9. Compliance with sanitary standards.
products manufacturing facility in which adult use cannabis and adult use cannabis
products are manufactured must meet all sanitary standards specified in rules adopted by
the department office.
Sec. B-74. 28-B MRSA §502, sub-§10, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
10. Commercial kitchen Food establishment license. A products manufacturing
facility licensee must obtain a commercial kitchen food establishment license from the
Department of Agriculture, Conservation and Forestry pursuant to Title 22, chapter 551 for
any area within the licensed premises of the products manufacturing facility in which adult
use cannabis and adult use cannabis products are manufactured and for which the
department office requires a products manufacturing facility licensee to obtain a
commercial kitchen food establishment license. The department office shall adopt rules
requiring certain areas within the licensed premises of a products manufacturing facility to
be licensed as commercial kitchens food establishments based upon the types of
manufacturing processes conducted within those areas.
Sec. B-75. 28-B MRSA §502, sub-§11, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
11. Refrigeration.
in a refrigerated environment all adult use cannabis and adult use cannabis products that
require refrigeration to prevent spoilage. The department office shall adopt rules regarding
the storage and transportation of adult use cannabis and adult use cannabis products that
require refrigeration to prevent spoilage.
Sec. B-76. 28-B MRSA §503, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by c. 452, §37 and PL 2021, c. 669, §5, is further amended by amending the
first blocked paragraph to read:
Neither this chapter nor the rules adopted pursuant to this chapter prevent a testing facility
from developing, researching or testing substances or products that are not cannabis or
cannabis products for that facility or for another person.
Sec. B-77. 28-B MRSA §503, sub-§2, as amended by PL 2019, c. 354, §8, is
further amended to read:
2. Certification; accreditation and provisional licensure; compliance with
operational and technical requirements.
continue operation unless the testing facility:
A. Is certified for operation under the certification program within the Department of
Health and Human Services, Maine Center for Disease Control and Prevention
established pursuant to Title 22, section 569 and, in accordance with rules adopted by
the department office after consultation with the Department of Health and Human
Services, Maine Center for Disease Control and Prevention, which must allow for
inspection of the proposed or operational testing facility by the department office and Page 53 - 131LR0543(05)
the Department of Health and Human Services, Maine Center for Disease Control and
Prevention;
B. Except as otherwise provided in this paragraph, is accredited pursuant to standard
ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party
accrediting body or is certified, registered or accredited by an organization approved
by the department office. The department office shall adopt rules regarding the scope
of certification, registration or accreditation required for licensure of a testing facility.
(1) The department office may issue a full testing facility license to an applicant
that meets all applicable requirements of this chapter and rules adopted pursuant to
this chapter and that has obtained accreditation pursuant to standard ISO/IEC
17025 of the International Organization for Standardization from a 3rd-party
accrediting body or that is certified, registered or accredited by an approved
organization.
(2) The department office may issue a provisional testing facility license to an
applicant that otherwise meets all applicable requirements of this chapter and rules
adopted pursuant to this chapter and that has applied for but not yet obtained
accreditation from a 3rd-party accrediting body or that has applied for but not yet
obtained certification, registration or accreditation from an approved organization.
The department office may not renew a provisional testing facility license more
than once.
An active full or provisional testing facility license may not be issued by the department
office to an applicant until the applicant satisfies all applicable requirements of section
205, subsection 4; and
C. Is determined by the department office to meet all operational and technical
requirements for testing facilities under this chapter and the rules adopted under this
chapter.
Sec. B-78. 28-B MRSA §503, sub-§3, as amended by PL 2019, c. 676, §11 and
PL 2021, c. 669, §5, is further amended to read:
3. Compliance with testing protocols, standards and criteria.
shall follow all testing protocols, standards and criteria adopted by rule by the department
for the testing of different forms of cannabis and cannabis products; determining batch size;
sampling; testing validity; and approval and disapproval of tested cannabis and cannabis
products. A testing facility may use a sample collector for the collection of samples for
mandatory testing as long as the testing facility's operating plan and standard operating
procedures indicate the use of a sample collector for that purpose.
Sec. B-79. 28-B MRSA §503, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
4. Remediation and retesting.
use cannabis or an adult use cannabis product has failed a mandatory test required under
section 602, the testing facility shall offer to the owner of that sample an opportunity for
remediation and retesting in accordance with rules adopted by the department office.
Sec. B-80. 28-B MRSA §503, sub-§4-A is enacted to read: Page 54 - 131LR0543(05)
4-A. Retesting for potency. If requested by the licensee, a testing facility may retest
for potency a sample of adult use cannabis or an adult use cannabis product from the same
batch the testing facility initially tested. The retest for potency may be completed only once
after the initial test, and the sample must be from the remaining representative sample of
the same batch that was initially received by the testing facility. The results of the initial
test and the retest must be reported by the testing facility in accordance with subchapter 6
and the rules governing testing facilities. A licensee that chooses to retest for potency shall
include the potency values reported for the retest instead of the initial potency value
reported by the testing facility.
Sec. B-81. 28-B MRSA §503, sub-§5, as enacted by PL 2017, c. 409, Pt. A, §6, is
further amended to read:
5. Record keeping.
transactions and testing results in accordance with the record-keeping requirements of
section 511 and section 602, subsection 2 and in accordance with applicable standards for
licensing and accreditation under subsection 2 and testing protocols, standards and criteria
adopted by the department office under subsection 3.
Sec. B-82. 28-B MRSA §503, sub-§6, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
6. Disposal of cannabis and cannabis products.
or destroy used, unused and waste cannabis and cannabis products in accordance with rules
adopted by the department office.
Sec. B-83. 28-B MRSA §503, sub-§7, as enacted by PL 2017, c. 409, Pt. A, §6, is
further amended to read:
7. Notification of test results. office of
test results in accordance with section 603.
Sec. B-84. 28-B MRSA §503, sub-§10, as amended by PL 2019, c. 491, §3 and
PL 2021, c. 669, §5, is further amended to read:
10. Rules. office shall adopt rules regarding the provisional licensure,
licensure, certification and accreditation of testing facilities and the testing of cannabis and
cannabis products by testing facilities pursuant to this chapter, including, but not limited
to, rules establishing acceptable testing and research practices for testing facilities,
including, but not limited to, provisions relating to testing practices, methods and standards;
remediation and retesting procedures; quality control analysis; equipment certification and
calibration; chemical identification; testing facility record-keeping, documentation and
business practices; disposal of used, unused and waste cannabis and cannabis products; and
reporting of test results. Rules adopted pursuant to this section are routine technical rules
as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. B-85. 28-B MRSA §503-A, sub-§1, as enacted by PL 2019, c. 676, §13 and
amended by PL 2021, c. 669, §5, is further amended to read:
1. Authorized operation.
cannabis and cannabis products from a cannabis establishment for mandatory and other
testing by a testing facility and to transport and deliver those samples to the testing facility
for those purposes. A sample collector may operate as an independent contractor or Page 55 - 131LR0543(05)
employee of a testing facility or as an employee of a business entity that employs 2 or more
sample collectors and that is not a cultivation facility, a products manufacturing facility, a
cannabis store, a registered caregiver, a registered dispensary or a manufacturing facility
as defined in Title 22, section 2422 2421-A, subsection 4‑R 27.
Sec. B-86. 28-B MRSA §503-A, sub-§2, as enacted by PL 2019, c. 676, §13 and
amended by PL 2021, c. 669, §5, is further amended to read:
2. Compliance with sampling protocols, standards and criteria.
shall follow all sampling protocols, standards and criteria adopted by rule or otherwise
approved by the department office for the sampling of different forms of cannabis and
cannabis products.
Sec. B-87. 28-B MRSA §503-A, sub-§4, as enacted by PL 2019, c. 676, §13 and
amended by PL 2021, c. 669, §5, is further amended to read:
4. Disposal of cannabis and cannabis products.
or destroy used, unused and waste cannabis and cannabis products in accordance with rules
adopted by the department office.
Sec. B-88. 28-B MRSA §503-A, sub-§7, as enacted by PL 2019, c. 676, §13 and
amended by PL 2021, c. 669, §5, is further amended to read:
7. Rules. office shall adopt rules regarding the licensing and operation
of sample collectors pursuant to this chapter, including, but not limited to, rules establishing
licensing requirements, acceptable sample collection methods, sample collector record
keeping, documentation and business practices, and standards for the disposal of used,
unused and waste cannabis and cannabis products. Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. B-89. 28-B MRSA §504, sub-§2, ¶A, as enacted by PL 2017, c. 409, Pt. A,
§6 and amended by PL 2021, c. 669, §5, is further amended to read:
A. Give Except as otherwise provided in subsection 12, give away adult use cannabis,
adult use cannabis products or cannabis plants or sell or give away mature cannabis
plants or consumable products containing tobacco or alcohol that do not contain
cannabis;
Sec. B-90. 28-B MRSA §504, sub-§4, as amended by PL 2021, c. 667, §2 and c.
669, §5, is further amended to read:
4. Verification of purchaser's age.
make a purchase from a cannabis store. A cannabis store may not sell any item to a person
under 21 years of age minor.
A. Prior to initiating a sale in a cannabis store, an employee of the cannabis store
licensee shall verify that the purchaser has a valid government-issued photographic
identification card, or other acceptable photographic identification, demonstrating that
the purchaser is 21 years of age or older.
A-1. Prior to concluding a sale by delivery under subsection 9 or curbside pickup under
subsection 10, an employee of the cannabis store licensee shall verify that the purchaser
has a valid government-issued photographic identification card, or other acceptable Page 56 - 131LR0543(05)
photographic identification, demonstrating that the purchaser is 21 years of age or
older.
B. The department shall by rule determine the forms of photographic identification
that a cannabis store licensee may accept when verifying a purchaser's age.
Sec. B-91. 28-B MRSA §504, sub-§4-A, as enacted by PL 2021, c. 314, §1 and
amended by c. 669, §5, is repealed.
Sec. B-92. 28-B MRSA §504, sub-§9, as amended by PL 2023, c. 396, §10, is
further amended to read:
9. Limited delivery service.
manufacturing facility may operate a limited delivery service for the delivery of immature
cannabis plants, seedlings, adult use cannabis and adult use cannabis products in
accordance with the requirements of this subsection. A cannabis store may not deliver
adult use cannabis or an immature cannabis plant, seedling or adult use cannabis product
to a person under 21 years of age minor. A municipality may not prohibit delivery of adult
use cannabis and adult use cannabis products authorized under this subsection.
A. A cannabis store, cultivation facility or products manufacturing facility operating a
limited delivery service shall ensure that cannabis store employees engaging in
delivery have received training, prescribed by the department office by rule, on how to
properly verify the age of a person making a purchase for delivery and how to ensure
that no deliveries are made to a person under 21 years of age.
B. A cannabis store, cultivation facility or products manufacturing facility operating a
limited delivery service may deliver to any location in a municipality, except locations
within a safe zone designated by a municipality under Title 30‑A, section 3253.
C. A cannabis store, cultivation facility or products manufacturing facility operating a
limited delivery service may deliver to a hotel or business as long as the cannabis store,
cultivation facility or products manufacturing facility has received written consent for
delivery to the hotel or business from an authorized employee of the hotel or business
and the cannabis store, cultivation facility or products manufacturing facility retains a
copy of the written consent. The written consent must be maintained and open to
inspection by the department office in accordance with section 511.
The department shall office may adopt rules to implement this subsection. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2‑A.
Sec. B-93. 28-B MRSA §504, sub-§10, as enacted by PL 2021, c. 667, §4 and
amended by c. 669, §5, is further amended to read:
10. Curbside pickup.
cannabis plants, seedlings, adult use cannabis and adult use cannabis products at a
designated location outside of the cannabis store in accordance with the requirements of
this subsection and any additional requirements imposed by the department office by rule.
A. A cannabis store that allows curbside pickup of immature cannabis plants,
seedlings, adult use cannabis or adult use cannabis products shall designate a curbside
pickup location outside of the cannabis store and near the entrance to the cannabis store
and mark the location in a manner designated by the department office by rule. Page 57 - 131LR0543(05)
B. A cannabis store that allows curbside pickup of immature cannabis plants,
seedlings, adult use cannabis or adult use cannabis products shall implement security
and record-keeping requirements for all sales concluded by curbside pickup as
established by the department office by rule.
The department shall office may adopt rules to implement this subsection, including, but
not limited to, rules establishing security and record-keeping requirements for sales
concluded by curbside pickup. Rules adopted pursuant to this subsection are routine
technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. B-94. 28-B MRSA §504, sub-§12 is enacted to read:
12. Samples for consumers.
accordance with all other provisions of this chapter applicable to the sale by a cannabis
store of adult use cannabis or adult use cannabis products, a cannabis store may give away
samples of adult use cannabis or adult use cannabis products to persons at least 21 years of
age as follows:
A. No more than 1/2 gram of flower;
B. No more than 10 milligrams of an edible;
C. No more than one 1/2 gram vape cartridge; and
D. No more than 2 samples in any combination per person per day.
A cannabis store shall package and label samples in accordance with the applicable
provisions of this chapter and the rules adopted pursuant to this chapter. A cannabis store
may not provide samples to a person who is visibly intoxicated. The total amount of
samples, adult use cannabis and adult use cannabis products given or sold to a person in
any one 24-hour period may not exceed the maximum amount of adult use cannabis or
adult use cannabis products allowed under section 1501, subsection 1, paragraph F.
Sec. B-95. 28-B MRSA §504, sub-§13 is enacted to read:
13. Special retail sales prices.
prices on adult use cannabis or adult use cannabis products, except that products may not
be sold at a retail price that is significantly less than the wholesale price or the price paid
by the cannabis store.
Sec. B-96. 28-B MRSA §504-A, first ¶, as amended by PL 2023, c. 408, §6, is
further amended to read:
Notwithstanding any provision of law to the contrary, the department office shall issue
a specified event permit to a cannabis store to sell adult use cannabis and adult use cannabis
products on the permitted premises for a specified event in accordance with the
requirements of this section. Transportation of adult use cannabis and adult use cannabis
products between the licensed premises and the permitted premises for a specified event is
subject to the requirements of section 505. A cannabis store authorized to sell adult use
cannabis and adult use cannabis products under this section is subject to the provisions of
section 504.
Sec. B-97. 28-B MRSA §504-A, sub-§1, as amended by PL 2023, c. 408, §7, is
further amended to read: Page 58 - 131LR0543(05)
1. Permit application.
seeking authorization to sell adult use cannabis and adult use cannabis products at a
specified event shall submit a permit application, on a form issued by the department office,
and a nonrefundable $200 permit application fee to the department office. The application
must include or be appended with:
A. Proof of approval, in accordance with subsection 2, from the municipality where
the specified event will occur to sell adult use cannabis or adult use cannabis products
at the specified event;
B. The location and description of the specified event, including the date of the event,
the date the cannabis store intends to sell adult use cannabis and adult use cannabis
products and the name and description of the organization sponsoring the event;
C. If the specified event is held on private property, the written permission of the
property owner for the cannabis store to sell adult use cannabis and adult use cannabis
products on the property;
D. A description of the adult use cannabis and adult use cannabis products the cannabis
store intends to sell at the specified event;
E. The number of cannabis store employees required to work at the specified event;
F. A diagram and description of the permitted premises for the specified event; and
G. As applicable, a diagram and description of the security measures the cannabis store
intends to implement on the permitted premises for the specified event to prevent
unauthorized access to adult use cannabis and adult use cannabis products, including
access by persons under 21 years of age.
Sec. B-98. 28-B MRSA §504-A, sub-§1-A, as enacted by PL 2023, c. 408, §8, is
amended to read:
1-A. Permit issuance.
meets the requirements of subsection 1, the department office shall review the application
and issue a specified event permit to the cannabis store or deny the application for good
cause in accordance with section 206, subsection 2.
Sec. B-99. 28-B MRSA §504-A, sub-§3, as amended by PL 2023, c. 408, §10, is
further amended to read:
3. Limitations.
may sell adult use cannabis and adult use cannabis products at a specified event only as
authorized under the permit. A specified event permit issued by the department office under
this section for a specified event may not authorize:
A. Sales at the specified event for a period greater than the duration of the event;
B. Sales anywhere other than on the permitted premises for the specified event; or
C. The consumption of adult use cannabis or adult use cannabis products on the
permitted premises for the specified event.
Sec. B-100. 28-B MRSA §504-A, sub-§4, ¶E,
§11, is further amended to read: Page 59 - 131LR0543(05)
E. A cannabis store shall record all sales conducted at the specified event using a video
recording device in a manner that captures, to the extent practicable, only the individual
making the purchase. The recording must be retained by the cannabis store for 45 days,
and the cannabis store shall make it available for inspection at the department's office's
request.
Sec. B-101. 28-B MRSA §504-A, sub-§5, as amended by PL 2023, c. 408, §12,
is further amended to read:
5. Guidance. office shall develop and publish on a publicly accessible
website guidance documents to assist cannabis stores in applying for a specified event
permit under this section and to establish best practices for conducting sales of adult use
cannabis and adult use cannabis products at a specified event.
Sec. B-102. 28-B MRSA §504-A, sub-§5-A,
is amended to read:
5-A. Suspension or revocation. office's own initiative or upon
complaint and after investigation, the department office, by written order, may for good
cause as described in section 206, subsection 2 suspend or revoke a specified event permit
issued to a cannabis store. The department office shall revoke a specified event permit if:
A. Municipal approval granted in accordance with subsection 2 is revoked by the
municipality; or
B. As applicable, the owner of the property where the specified event will occur
revokes the property owner's written permission required under subsection 1,
paragraph C.
Sec. B-103. 28-B MRSA §505, last ¶, as enacted by PL 2023, c. 408, §16, is
amended to read:
All transportation of adult use cannabis and adult use cannabis products must be
documented by the licensee or an employee of the licensee in accordance with rules adopted
by the department office.
Sec. B-104. 28-B MRSA §506, as enacted by PL 2017, c. 409, Pt. A, §6, is amended
to read:
§506. Employment of persons under 21 years of age prohibited minors
A licensee may not employ any person under 21 years of age minors.
Sec. B-105. 28-B MRSA §507, as amended by PL 2021, c. 314, §2 and c. 669, §5,
is repealed and the following enacted in its place:
§507. Entry into cannabis establishment by minors
A minor may not enter the licensed premises of a cannabis store unless accompanied
by the minor's parent, legal guardian or custodian, as defined in Title 22, section 4002,
subsection 5. An individual identification card holder who is the parent, legal guardian or
custodian of a minor may bring that minor into the licensed premises of a cultivation
facility, products manufacturing facility or cannabis testing facility in an emergency. Page 60 - 131LR0543(05)
Sec. B-106. 28-B MRSA §508, as enacted by PL 2017, c. 409, Pt. A, §6 and
amended by PL 2021, c. 669, §5, is further amended by amending the section headnote to
read:
§508. Use of adult use cannabis and adult use cannabis products within licensed
premises
Sec. B-107. 28-B MRSA §508, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
1. Employee use of cannabis or cannabis products for medical use.
may allow an employee who is a qualifying patient pursuant to the Maine Medical Use of
Cannabis Act to privately consume cannabis and cannabis products for medical use within
its licensed premises.
Sec. B-108. 28-B MRSA §510, as amended by PL 2019, c. 491, §4 and PL 2021,
c. 669, §5, is further amended to read:
§510. Limited access areas
Except as provided in subsection 1, a person may not enter or remain in any limited
access area unless the person displays an individual identification card issued by the
department office pursuant to section 106.
1. Contractors.
access area without displaying an individual identification card if the person is a contractor
of the licensee, including, but not limited to, an electrician, a plumber, an engineer or an
alarm technician, whose scope of work will not involve the handling of cannabis or
cannabis products; and the person signs a visitor entry log provided and maintained by the
licensee and is issued a visitor identification badge by the licensee; and, if the person is
working in a limited access area with immediate access to cannabis or cannabis products,
the person is supervised at all times by the licensee or an employee of the licensee.
1-A. Visitors.
any limited access area without displaying an individual identification card if the visitor
signs a visitor entry log provided and maintained by the licensee, the visitor is issued a
visitor identification badge by the licensee and, if the visitor is visiting in a limited access
area with immediate access to cannabis or cannabis products, the visitor is accompanied at
all times by the licensee or an employee of the licensee.
2. Licensee compliance.
from limited access areas within its licensed premises are conspicuously marked and that a
person is not allowed to enter or remain in any limited access area without displaying the
person's individual identification card issued by the department office pursuant to section
106.
Sec. B-109. 28-B MRSA §511, as amended by PL 2019, c. 231, Pt. A, §1, is further
amended to read:
§511. Record keeping and inspection of records; audits
1. Record keeping; inspection of records.
of all records of the licensee's business transactions, which must be open to inspection and
examination by the department upon demand and without notice during all business hours Page 61 - 131LR0543(05)
may be stored electronically. Upon providing at least 24 hours' notice, the office may
inspect or audit the licensee's records during regular business hours. The office may not
conduct an audit of a licensee's records more than twice in any 6-month period. The cost
of any audit must be paid by the office from the Adult Use Cannabis Regulatory
Coordination Fund under section 1102. Nothing in this subsection may be construed to
prevent the office from reviewing at any time business records submitted through the
tracking system in accordance with section 105. Records must be maintained by a licensee
at a minimum for a period comprising the current tax year and the 5 6 immediately
preceding tax years in accordance with Title 36, section 135.
2. Additional information may be required. The department may require a licensee
to furnish any additional information necessary for the proper administration of this
chapter.
3. Audit. office may require a licensee to submit to an audit of the
licensee's business records. If the department office requires a licensee to submit to an
audit, the licensee shall provide the auditor selected by the department office with access
to all business records of the licensee and the cost of the audit must be paid by the licensee
office from the Adult Use Cannabis Regulatory Coordination Fund under section 1102.
4. Confidentiality.
section.
A. Documents of a licensee inspected or examined by the department office pursuant
to this section are confidential and may not be disclosed except as needed in a civil or
criminal proceeding to enforce any provision of this chapter and the rules adopted
pursuant to this chapter or any criminal law.
B. Audit working papers are confidential and may not be disclosed to any person
outside the department office, except that audit working papers may be disclosed to the
licensee subject to the audit. A final audit report is a public record for the purposes of
Title 1, chapter 13, subchapter 1. For the purposes of this paragraph, "audit working
papers" means all documentation and other information acquired, prepared or
maintained by the department office and the auditor selected by the department office
during the conduct of the audit, including, but not limited to, draft reports and portions
of draft reports.
Sec. B-110. 28-B MRSA §512, as enacted by PL 2017, c. 409, Pt. A, §6 and PL
2021, c. 669, §5, is further amended to read:
§512. Inspection of licensed premises; testing and sampling for product quality
control
1. Inspections.
including, but not limited to, any places of storage and any locked areas, upon demand and
without notice during all the licensee's business hours and other times of apparent activity
by the department office, a criminal justice agency or an official authorized by the
municipality in which the licensed premises are located.
For the purposes of this subsection, "municipality" has the same meaning as in section 212.
2. Testing and sampling for product quality control.
sampling and testing of adult use cannabis or adult use cannabis products within its
possession, upon demand and without notice during all business hours by the department Page 62 - 131LR0543(05)
office for the purposes of product quality control. The office may not collect more than a
random, representative sample necessary to test the batch of cannabis or cannabis products
cultivated, manufactured or sold to consumers by a licensee. The office may not sample
more than 3 samples of adult use cannabis or adult use cannabis products per 60-day period
unless the cannabis or cannabis products sampled continue to fail tests or such samples are
taken as part of an investigation by the office in response to a complaint. The department
office shall adopt rules governing the sampling and testing of adult use cannabis and adult
use cannabis products under this subsection, consistent with the requirements of subchapter
6. Rules adopted pursuant to this subsection are routine technical rules as defined in Title
5, chapter 375, subchapter 2‑A.
Sec. B-111. 28-B MRSA §513, as enacted by PL 2017, c. 409, Pt. A, §6, is repealed.
Sec. B-112. 28-B MRSA §601, as amended by PL 2021, c. 612, §1 and c. 669, §5,
is further amended to read:
§601. Testing program established
The department office shall establish a testing program for adult use cannabis and adult
use cannabis products. Except as otherwise provided in this subchapter, the program must
require a licensee, prior to selling or distributing adult use cannabis or an adult use cannabis
product to a consumer, to submit the cannabis or cannabis product to a testing facility for
testing to ensure that the cannabis or cannabis product does not exceed the maximum level
of allowable contamination for any contaminant that is injurious to health and for which
testing is required and to ensure correct labeling. The department office shall adopt rules
establishing a testing program pursuant to this section, rules identifying the types of
contaminants that are injurious to health for which cannabis and cannabis products must be
tested under this subchapter and rules regarding the maximum level of allowable
contamination for each contaminant. Rules adopted pursuant to this subchapter are routine
technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. B-113. 28-B MRSA §602, sub-§1, ¶C, as amended by PL 2023, c. 396, §12,
is further amended to read:
C. Dangerous yeasts, molds and mildew as specified in rules adopted by the
department office;
Sec. B-114. 28-B MRSA §602, sub-§1, as amended by PL 2023, c. 396, §12, is
further amended by amending the first blocked paragraph to read:
The department office may temporarily waive mandatory testing requirements under this
section for any contaminant or factor for which the department office has determined that
there exists no licensed testing facility in the State capable of and certified to perform such
testing.
Sec. B-115. 28-B MRSA §602, sub-§1-A, as enacted by PL 2023, c. 396, §13, is
amended to read:
1-A. Testing of returns.
502, subsection 14 or section 502 504, subsection 11 must be tested prior to being may be
resold or redistributed. The department may limit the mandatory testing required for
returned cannabis and cannabis products by rule. Rules adopted pursuant to this subsection
are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A without Page 63 - 131LR0543(05)
retesting if the tamper-evident packaging indicates that the cannabis or cannabis products
have not been tampered with. Cannabis and cannabis products returned by a consumer to
any licensee may not be resold.
Sec. B-116. 28-B MRSA §602, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
2. Record keeping.
includes a description of the adult use cannabis or adult use cannabis product provided to
the testing facility, the identity of the testing facility and the results of the mandatory test.
A licensee that chooses to retest any adult use cannabis or adult use cannabis products for
potency in accordance with section 503, subsection 4-A shall maintain a record of all
mandatory potency test results.
Sec. B-117. 28-B MRSA §602, sub-§3, as amended by PL 2021, c. 558, §1 and c.
669, §5, is further amended to read:
3. Testing process, protocols and standards. office shall establish
by rule processes, protocols and standards for mandatory and other testing of cannabis and
cannabis products that conform with the best practices generally used within the cannabis
industry, including, but not limited to, an allowable variance rate for determining the
amount or potency of THC or other cannabinoids in edible cannabis products.
Sec. B-118. 28-B MRSA §603, as enacted by PL 2017, c. 409, Pt. A, §6 and
amended by PL 2021, c. 669, §5, is further amended to read:
§603. Notification requirements
1. Notification of testing results required.
conducted pursuant to section 602 indicate that the tested adult use cannabis or adult use
cannabis product exceeds the maximum level of allowable contamination for any
contaminant that is injurious to health and for which testing is required, the testing facility
immediately shall quarantine, document and properly destroy the cannabis or cannabis
product, except when the owner of the tested cannabis or cannabis product has successfully
undertaken remediation and retesting, and within 30 days of completing the test shall notify
the department office of the test results.
1-A. Notification of retesting results required.
cannabis or cannabis product for potency in accordance with section 503, subsection 4-A,
the testing facility shall provide to the office and the licensee the results of the initial test
for potency as well as the results of the retest for potency.
2. Notification of testing results not required.
notify the department office of the results of any test:
A. Conducted on adult use cannabis or an adult use cannabis product at the direction
of a licensee pursuant to section 602 that demonstrates that the cannabis or cannabis
product does not exceed the maximum level of allowable contamination for any
contaminant that is injurious to health and for which testing is required;
B. Conducted on adult use cannabis or an adult use cannabis product at the direction
of a licensee for research and development purposes only, so long as the licensee
notifies the testing facility prior to the performance of the test that the testing is for
research and development purposes only; Page 64 - 131LR0543(05)
C. Conducted on cannabis or a cannabis product at the direction of a person who is not
a licensee; or
D. Conducted on a substance that is not cannabis or a cannabis product.
Sec. B-119. 28-B MRSA §604-A, as amended by PL 2021, c. 226, §6 and c. 669,
§5, is further amended to read:
§604-A. Sample collecting for mandatory testing by licensee
1. Sample collecting by licensee authorized; rules.
of this chapter to the contrary, a cultivation facility licensee, products manufacturing
facility licensee or cannabis store licensee, or an employee of such licensee, may collect
samples of the licensee's adult use cannabis or adult use cannabis products for mandatory
testing under section 602 and may deliver those samples to a testing facility for testing.
The department office shall adopt rules regarding the collection of representative samples
of adult use cannabis and adult use cannabis products for mandatory testing by a licensee
or an employee of a licensee as authorized under this section, which must include, but are
not limited to:
A. The establishment of sample collecting processes, protocols and standards, which
must be complied with by the licensee and its employees in collecting samples of adult
use cannabis and adult use cannabis products for testing purposes;
B. Requirements for the licensee to provide video, onsite or other demonstration of its
sample collecting practices to ensure compliance with paragraph A;
C. Provisions authorizing the department office to conduct audits of adult use cannabis
or adult use cannabis products that were tested using samples collected by the licensee
or its employees pursuant to this section, with all costs of the audits to be paid for by
the licensee. The licensee may not be required to submit more than 3 representative
samples of adult use cannabis or adult use cannabis products per 60-day period unless
the cannabis or cannabis products continue to fail tests or pursuant to a complaint;
D. Requirements for the transportation, delivery and transfer of samples of adult use
cannabis and adult use cannabis products collected by the licensee or an employee of
the licensee to a testing facility, which must require the in-person transfer of the
samples by the licensee or an employee of the licensee to the testing facility licensee
or an employee of the testing facility licensee;
E. A prohibition on the intentional tampering with or interference in the mandatory
testing process or auditing process by a licensee or an employee of the licensee, which,
notwithstanding any provision of this chapter to the contrary, may be treated by the
department office as constituting a major license violation affecting public safety and
as a basis for imposition of a license suspension or revocation administrative penalties
pursuant to section 802 802-A; and
F. Authorization for the department office to suspend or revoke the licensee's license
following 2 or more failed sample collecting audits conducted by the department office
pursuant to this section.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2‑A. Page 65 - 131LR0543(05)
Sec. B-120. 28-B MRSA §605, sub-§4, as amended by PL 2021, c. 612, §4 and c.
669, §5, is further amended to read:
4. No subsequent processing, manufacturing or alteration.
of the prior testing under subsection 1, the cannabis or cannabis product has not undergone
any further processing, manufacturing or alteration that would result in an increase in the
concentration of any contaminants or factors identified in section 602, subsection 1 or in
any rules adopted by the department office pursuant to that section.
Sec. B-121. 28-B MRSA §606, as enacted by PL 2017, c. 409, Pt. A, §6 and
amended by PL 2021, c. 669, §5, is further amended to read:
§606. Coordination with testing program and rules for cannabis and cannabis
products for medical use
In adopting rules and regulating the testing of adult use cannabis and adult use cannabis
products under this subchapter, the department office shall ensure that, when necessary and
practicable, the regulation of the testing of adult use cannabis and adult use cannabis
products under this subchapter is consistent with the regulation of the testing of cannabis
and cannabis products for medical use under the Maine Medical Use of Cannabis Act.
Sec. B-122. 28-B MRSA §701, as amended by PL 2021, c. 558, §§2 and 3 and
amended by c. 669, §5, is further amended to read:
§701. Labeling and packaging
1. Labeling requirements.
sold or offered for sale by a licensee to a consumer in accordance with this chapter must be
labeled with the following information, as applicable based on the cannabis or cannabis
product to be sold:
A. The license numbers of the cultivation facility, the products manufacturing facility
and the cannabis store where the adult use cannabis or adult use cannabis product was
cultivated, manufactured and offered for sale;
B. An identity statement and universal symbol;
C. Health and safety warning labels as required by rules adopted by the department
office after consultation with the Department of Health and Human Services, Maine
Center for Disease Control and Prevention;
D. The batch number;
E. A net weight statement;
F. Information on the THC potency of the cannabis or cannabis product and the
potency of such other cannabinoids or other chemicals in the cannabis or cannabis
product, including, but not limited to, cannabidiol. If a licensee chooses to retest any
cannabis or cannabis product for potency in accordance with section 503, subsection
4-A, the licensee shall include the THC potency information of the cannabis or
cannabis product from the retest results. For edible cannabis products, the information
required pursuant to this paragraph must be consistent with section 703, subsection 1,
paragraphs F and F‑1;
G. Information on the amount of THC and cannabidiol per serving of the cannabis or
edible cannabis product. For edible cannabis products, the The information required Page 66 - 131LR0543(05)
pursuant to this paragraph must be consistent with section 703, subsection 1,
paragraphs F and F‑1 and contain the number of servings per package;
H. Information on gases, solvents and chemicals used in cannabis extraction;
I. Instructions on usage route of administration;
J. For adult use cannabis products:
(1) The amount of cannabis concentrate per serving of the product, as measured
in grams or milligrams, and the amount of cannabis concentrate per package of the
product, as measured in grams or milligrams;
(2) A list of ingredients and possible allergens; and
(3) A recommended use date or expiration date;
K. For edible cannabis products, a nutritional fact panel; and
L. Any other information required by rule by the department office.
2. Packaging requirements.
be sold or offered for sale by a licensee to a consumer in accordance with this chapter must
be packaged in the following manner, as applicable based on the cannabis or cannabis
product to be sold:.
A. Adult use cannabis and adult use cannabis products must be prepackaged in child-
resistant and tamper-evident packaging or must be placed in child-resistant and tamper-
evident packaging at the final point of sale to a consumer;.
B. Adult use cannabis and adult use cannabis products must be prepackaged in opaque
packaging or an opaque container or must be placed in opaque packaging or an opaque
container at the final point of sale to a consumer;
C. Packaging for multiserving liquid adult use cannabis products that contain more
than one serving must include an integral measurement component that measures one
serving of the adult use cannabis product and a child-resistant cap; and or closure.
D. Packaging must conform to all other applicable requirements and restrictions
imposed by rule by the department.
3. Other approved labeling and packaging.
cannabis products to be sold or offered for sale by a licensee to a consumer in accordance
with this chapter may include on the label or the packaging of the cannabis or cannabis
product:
A. A statement of compatibility with dietary practices;
B. Depictions of geometric shapes or cannabis leaves;
C. Use of the terms "organic," "organically cultivated" or "organically grown" in
accordance with requirements regarding the use of such terms as adopted by rule by
the department office; and
D. Any other information that has been preapproved by the department office pursuant
to subsection 5 or information that is not prohibited. Page 67 - 131LR0543(05)
4. Labeling and packaging prohibitions.
products to be sold or offered for sale by a licensee to a consumer in accordance with this
chapter:
A. May not be labeled or packaged in violation of a federal trademark law or regulation
or in a manner that would cause a reasonable consumer confusion as to whether the
cannabis or cannabis product was a trademarked product;
B. May not be labeled or packaged in a manner that is specifically designed to appeal
particularly to a person under 21 years of age that targets minors or contains subject
matter or an illustration that targets minors;
C. May not be labeled or packaged in a manner that obscures identifying information
on the label or uses a false or deceptive label;
D. May not be sold or offered for sale using a label or packaging that depicts a human,
animal or fruit; and
E. May not be labeled or packaged in violation of any other labeling or packaging
requirement or restriction imposed by rule by the department office.
5. Voluntary labeling and packaging approval.
a request for approval of any labeling or packaging the licensee intends to use. The request
must include the following information as applicable:
A. A digital or physical sample of the label for which approval is requested or a
physical sample of any package for which approval is requested;
B. A description of any additional labels that will be affixed to the label or package
and the information contained on these additional labels; and
C. Any additional information required on an approval request form provided by the
office and available on the office’s publicly accessible website.
The office may not refuse to review any voluntary request for approval. The office may
deny any label or package it determines does not comply with this chapter or the rules
adopted pursuant to this chapter. Within 30 days of submission of the request, the office
shall issue a written decision either approving or denying the request, including the reason
for denial, if applicable. If the request is approved, the office may not take any enforcement
action of any kind against the licensee solely for using the approved labeling or packaging.
Sec. B-123. 28-B MRSA §702, sub-§1, ¶D, as enacted by PL 2017, c. 409, Pt. A,
§6, is amended to read:
D. May not violate any other requirement or restriction on signs, advertising and
marketing imposed by the department office by rule pursuant to subsection 2.
Sec. B-124. 28-B MRSA §702, sub-§2, as amended by PL 2023, c. 396, §§15 to
17, is further amended to read:
2. Rules on signs, advertising and marketing. office may
adopt rules regarding the placement and use of signs, advertising and marketing by or on
behalf of a licensee, which may include, but are not limited to: Page 68 - 131LR0543(05)
A. A prohibition on health or physical benefit claims in advertising or marketing,
including, but not limited to, health or physical benefit claims on the label or packaging
of adult use cannabis or an adult use cannabis product;
B. A prohibition on unsolicited advertising or marketing on the Internet, including, but
not limited to, banner advertisements on mass-market websites;
C. A prohibition on opt-in advertising or marketing that does not permit an easy and
permanent opt-out feature;
D. A prohibition on advertising or marketing directed toward location-based devices,
including, but not limited to, cellular telephones, unless the marketing is a mobile
device application installed on the device by the owner of the device who is 21 years
of age or older and includes a permanent and easy opt-out feature; and
E. Specific limitations Limitations on signs, advertising and marketing to minimize
the appeal of specifically designed to target minors regarding adult use cannabis and
adult use cannabis products to persons under 21 years of age.
Sec. B-125. 28-B MRSA §702, sub-§4 is enacted to read:
4. Voluntary sign, advertising and marketing approval.
the office a request for approval of any sign, advertisement or marketing materials the
licensee intends to use. The request must include the following information as applicable:
A. A digital or physical sample of the sign, advertisement or marketing materials for
which approval is requested; and
B. Any additional information required on the sign, advertisement or marketing
materials approval request form provided by the office and available on the office's
publicly accessible website.
The office may not refuse to review any voluntary request for approval. The office may
deny any sign, advertisement or marketing materials it determines do not comply with this
chapter or the rules adopted pursuant to this chapter. Within 30 days of submission of the
request, the office shall issue a written decision either approving or denying the request,
including the reason for denial, if applicable. If the request is approved, the office may not
take any enforcement action of any kind against the licensee solely for using the approved
sign, advertisement or marketing materials.
Sec. B-126. 28-B MRSA §703, sub-§1, ¶A, as enacted by PL 2017, c. 409, Pt. A,
§6 and amended by PL 2021, c. 669, §5, is repealed.
Sec. B-127. 28-B MRSA §703, sub-§1, ¶D, as amended by PL 2019, c. 491, §5,
is repealed and the following enacted in its place:
D. Unless determined impracticable by the office by rule, must be stamped or
embossed with a universal symbol on each serving of the edible cannabis product or
each serving must be individually wrapped or blister packaged with a universal symbol
clearly included on the wrapping or packaging. In the event the office determines by
rule that stamping, embossing, individual wrapping or blister packaging for a particular
type of edible cannabis product is impracticable, each serving of the product must be
packaged together with the universal symbol affixed to the packaging. For purposes
of this chapter, edible cannabis products that are determined to be impracticable to
stamp, emboss, individually wrap or blister package include but are not limited to: Page 69 - 131LR0543(05)
(1) Potato or corn chips;
(2) Popcorn;
(3) Pretzels;
(4) Loose granola; and
(5) Gummies;
Sec. B-128. 28-B MRSA §703, sub-§1, ¶G, as enacted by PL 2017, c. 409, Pt. A,
§6, is repealed.
Sec. B-129. 28-B MRSA §703, sub-§1, ¶G-1 is enacted to read:
G-1. May not be adulterated or misbranded as described in Title 22, sections 2156 and
2157, respectively, or contain additives specifically formulated to increase the
addictiveness of the edible cannabis product; and
Sec. B-130. 28-B MRSA §703, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6
and amended by PL 2021, c. 669, §5, is further amended to read:
2. Health and safety rules. office shall adopt labeling, packaging
and other necessary health and safety rules for adult use cannabis and adult use cannabis
products to be sold or offered for sale by a licensee to a consumer in accordance with this
chapter. Rules adopted pursuant to this subsection must establish mandatory health and
safety standards applicable to the cultivation of adult use cannabis, the manufacture of adult
use cannabis products and the packaging and labeling and packaging of adult use cannabis
and adult use cannabis products sold by a licensee to a consumer. Such rules must address,
but are not limited to:
A. Requirements for the storage, warehousing and transportation of adult use cannabis
and adult use cannabis products by licensees;
B. Sanitary standards for cannabis establishments, including, but not limited to,
sanitary standards for the manufacture of adult use cannabis and adult use cannabis
products; and
C. Limitations on the display of adult use cannabis and adult use cannabis products at
cannabis stores.
Sec. B-131. 28-B MRSA §704, as enacted by PL 2017, c. 409, Pt. A, §6 and
amended by PL 2021, c. 669, §5, is further amended to read:
§704. Coordination with labeling and packaging rules for cannabis and cannabis
products for medical use
In adopting rules and regulating the labeling and packaging of adult use cannabis and
adult use cannabis products under this subchapter, the department office shall ensure that,
when necessary and practicable, the regulation of the labeling and packaging of adult use
cannabis and adult use cannabis products under this subchapter is consistent with the
regulation of the labeling and packaging of cannabis and cannabis products for medical use
under the Maine Medical Use of Cannabis Act.
Sec. B-132. 28-B MRSA §801, as enacted by PL 2017, c. 409, Pt. A, §6, is repealed. Page 70 - 131LR0543(05)
Sec. B-133. 28-B MRSA §802, as enacted by PL 2017, c. 409, Pt. A, §6 and
amended by PL 2021, c. 669, §5, is repealed.
Sec. B-134. 28-B MRSA §802-A is enacted to read:
§802-A. Administrative or monetary penalties; appeals
1. Penalties. The office, in accordance with this section, on its own initiative or on
complaint and after investigation, notification and the opportunity for a public hearing,
may, by written order:
A. Impose an administrative penalty in accordance with this section for a license
violation;
B. Seize and destroy cannabis or cannabis products; and
C. Suspend or revoke a license issued under this chapter for a license violation.
For a first violation of any minor license violation as defined in subsection 2, paragraph C
or for a first violation of this chapter or rules adopted pursuant to this chapter, the office
may only provide technical assistance to the licensee and may not impose a penalty,
suspend or revoke a license or seize and destroy cannabis or cannabis products.
2. License violation types. The following license violation types are established.
A. "Major license violation affecting public safety" means an intentional or knowing
violation that imminently jeopardizes public health and safety or conduct that indicates
a willful or reckless disregard for public health and safety. "Major license violation
affecting public safety" is limited to:
(1) Intentionally or recklessly selling cannabis or cannabis products containing any
scheduled drug as defined in Title 17-A, section 1101, subsection 11, except for
any compounds naturally occurring in the cannabis plant;
(2) Intentionally or recklessly using prohibited agricultural chemicals that pose a
threat to public health and concealing their use from the office, other licensees or
consumers;
(3) Intentionally or knowingly treating or otherwise adulterating cannabis or
cannabis products with a scheduled drug as defined in Title 17-A, section 1101,
subsection 11, except for any compounds naturally occurring in the cannabis plant;
(4) Intentionally or knowingly destroying, damaging, altering, removing or
concealing potential evidence of a violation under this paragraph or asking or
encouraging another person to do so;
(5) Intentionally or knowingly purchasing cannabis plants, cannabis or cannabis
products from outside the State, from a person not authorized pursuant to this
chapter or from the illicit market;
(6) Three or more instances of a licensee failing to have on the premises at all times
during business hours an individual identification card holder who is authorized to
allow and cooperate with the office requests to inspect the premises;
(7) Intentionally or knowingly tampering with or interfering with mandatory
testing processes, including sample collection or the auditing of test results; or Page 71 - 131LR0543(05)
(8) Other intentional or knowing egregious conduct that imminently threatens
public health and safety or conduct that shows a willful or reckless disregard for
public health and safety that poses an imminent risk to public health and safety.
B. "Major license violation" means a serious violation that does not imminently
jeopardize public safety. "Major license violation" is limited to:
(1) Intentionally or recklessly misleading the office for the purposes of involving
a person with a disqualifying drug offense in the operation of a cannabis
establishment;
(2) Intentionally or knowingly diverting cannabis or cannabis products to the illicit
market;
(3) Except as provided in paragraph A, subparagraphs (2) and (3), treating or
otherwise adulterating cannabis or cannabis products with any chemical that alters
the color, appearance, weight or smell of the cannabis or cannabis product or that
increases its potency, toxicity or addictiveness in a manner not authorized under
this chapter;
(4) Selling cannabis plants, cannabis or cannabis products to a person under 21
years of age by failing to take all necessary steps to verify age;
(5) Intentionally or knowingly making deliveries of adult use cannabis or adult
use cannabis products to safe zones designated by a municipality pursuant to Title
30-A, section 3253;
(6) Allowing any individual under 21 years of age to engage in any cannabis-
related activity;
(7) Cultivating cannabis plants for adult use in an amount that is equal to or greater
than 150% of the total number of cannabis plants or plant canopy the licensee is
authorized to cultivate under this chapter;
(8) Intentionally or knowingly misrepresenting any cannabis product to a
consumer, licensee or the public, including:
(a) Its contents;
(b) Its testing results; or
(c) Its potency;
(9) Two or more instances of refusing to permit the office to inspect the licensed
premises during the licensee's business hours;
(10) Intentionally or knowingly destroying, damaging, altering, removing or
concealing potential evidence of a violation under this paragraph or asking or
encouraging another person to do so;
(11) Selling or transferring cannabis plants, cannabis or cannabis products outside
of the tracking system;
(12) Conduct that demonstrates a pattern of willful or reckless disregard for the
tracking system requirements, sales tax obligations, excise tax obligations,
mandatory testing obligations or facility requirements; Page 72 - 131LR0543(05)
(13) Intentionally making false statements to the office in order to obtain or
maintain a license; or
(14) Any violation in paragraph C that is a knowing violation that the licensee has
committed 3 or more times.
C. "Minor license violation" means a negligent violation. "Minor license violation" is
limited to:
(1) Procuring or in any way aiding or assisting in procuring, furnishing, selling or
delivering cannabis or cannabis products for or to a minor;
(2) Cultivating more cannabis plants for adult use than the licensee is authorized
to cultivate under this chapter, but less than 150% of the total number of cannabis
plants or plant canopy authorized;
(3) Supplying adulterated or misbranded cannabis or cannabis products;
(4) Intentionally or knowingly purchasing, receiving, selling or transferring any
cannabis, cannabis plant or cannabis product that was fraudulently entered into the
tracking system;
(5) Failing to request and obtain from the office an approval for a change in
ownership or principals prior to making the change in ownership or principals;
(6) Subletting any portion of the licensed premises;
(7) Making representations or claims that the cannabis or cannabis product has
curative or therapeutic effects;
(8) Not operating in accordance with operations, cultivation or facility plans of
record filed with the office;
(9) Failing to have on the licensed premises at all times during business hours an
individual identification card holder who is authorized to allow inspection and
cooperate when the office requests to inspect the premises;
(10) Allowing consumption of cannabis on the licensed premises of a cannabis
establishment, except as otherwise provided in this chapter; or
(11) A 2nd violation of any other requirement of this chapter or the rules adopted
pursuant to this chapter that is not expressly listed in this subsection.
3. Monetary penalties. The office may impose monetary penalties for a license
violation of this chapter as follows:
A. Not more than $2,500 for each minor license violation;
B. Not more than $10,000 for each major license violation; or
C. Not more than $20,000 for each major license violation affecting public safety.
Monetary penalties collected pursuant to this subsection must be credited to the General
Fund.
4. Notification of violation. If, after an inspection or investigation by the office or a
criminal justice agency, the office identifies a violation of this chapter or the rules adopted
pursuant to this chapter, the office shall, within 5 business days of identifying the violation,
provide written notification of the violation to the licensee. The licensee, within 5 days of Page 73 - 131LR0543(05)
receiving notification, shall provide the office with a plan of correction, if applicable, for
the identified violation, including a time frame for correction. If, after a follow-up
inspection, the office decides to impose a monetary penalty on the licensee, the office shall
notify the licensee of the monetary penalty in a timely manner after the follow-up
inspection. Notice under this subsection does not constitute final agency action.
5. Suspension. The office may suspend a license in accordance with this subsection.
A. The office may suspend a cannabis establishment license, for a period of up to one
year, upon a finding of:
(1) A major license violation affecting public safety;
(2) A pattern of major license violations in a 30-month period; or
(3) A violation of subsection 2, paragraph B, subparagraph (7).
B. A licensee whose license has been suspended pursuant to this subsection may not,
for the duration of the period of suspension, engage in any activities relating to the
operation of the cannabis establishment the licensee is licensed to operate, except that
a cultivation facility licensee may harvest any plants currently growing but may not
start any new plants.
C. The office may allow a transfer of license for a suspended license and may allow
new owners to begin some or all operations prior to the end of the suspension.
6. Revocation. The office may revoke a license in accordance with this subsection.
A. Upon a finding of any major license violation affecting public safety or upon a
finding of a pattern of major license violations in a 60-month period, the office may
permanently revoke the cannabis establishment license of the licensee found in
violation.
B. A licensee whose license has been revoked pursuant to this subsection shall cease
all activities relating to the operation of the cannabis establishment.
C. A license that is permanently revoked may not be transferred or renewed.
7. Maine Administrative Procedure Act; final agency action; appeals. Except as
otherwise provided in this chapter or in the rules adopted pursuant to this chapter, the
imposition of a monetary penalty, suspension or revocation on a licensee by the office,
including, but not limited to, the provision of notice and the conduct of hearings, is
governed by the Maine Administrative Procedure Act. A final order of the office imposing
a monetary penalty on a licensee or suspension or revocation of a license is a final agency
action, as defined in Title 5, section 8002, subsection 4, and the licensee may appeal that
final order to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil
Procedure.
Sec. B-135. 28-B MRSA §803, as enacted by PL 2017, c. 409, Pt. A, §6 and
amended by PL 2021, c. 669, §5, is further amended to read:
§803. Disposition of unauthorized cannabis or cannabis products of licensee
1. Order; destruction of cannabis or cannabis products. office
issues a final order imposing a monetary penalty on or a license suspension or revocation
against a licensee pursuant to this subchapter, the department office may specify in the
order, in addition to any other penalties imposed in the order, that all or a portion of the Page 74 - 131LR0543(05)
cannabis or cannabis products in the possession of the licensee are not authorized under
this chapter and are subject to destruction. A licensee subject to a final order directing the
destruction of cannabis or cannabis products in the possession of the licensee shall forfeit
the cannabis and cannabis products described in the order to the department office for
destruction.
2. Investigation. office is notified by a criminal justice agency that
there is a pending investigation of a licensee subject to an order imposed under subsection
1, the department office may not destroy any cannabis or cannabis products of that licensee
until the destruction is approved by the criminal justice agency.
Sec. B-136. 28-B MRSA §803-A, as enacted by PL 2019, c. 491, §6 and amended
by PL 2021, c. 669, §5, is further amended to read:
§803-A. Administrative holds
In accordance with the provisions of this section, the department office may impose an
administrative hold on a licensee licensee’s cannabis plants, cannabis or cannabis products
if, as a result of an inspection or investigation of the licensee by the department office or a
criminal justice agency, the department office determines there are reasonable grounds to
believe the licensee or an agent or employee of the licensee has committed or is committing
a violation of the provisions of this chapter, the rules adopted pursuant to this chapter or
the terms, conditions or provisions of the licensee's license regarding labeling and
packaging, testing results, contamination of cannabis plants and cannabis or cannabis
products or cannabis plants or cannabis products tracking that is not in compliance with the
tracking system.
1. Notice. office shall provide to a licensee subject to an
administrative hold notice of the imposition of that hold, which must:
A. Include a concise statement of the basis for the administrative hold;
B. Detail the cannabis, cannabis products or cannabis plants subject to the
administrative hold;
C. Describe any operational restrictions to be placed on the licensee's license during
the duration of the administrative hold; and
D. Indicate actions that must be taken by the licensee as a result of the administrative
hold.
An administrative hold takes effect at the time that the notice under this subsection is
provided by the department office to the licensee.
2. Licensee actions. A licensee subject to an administrative hold must physically
segregate in a limited access area any cannabis, cannabis products or cannabis plants
subject to the hold, as detailed in the notice under subsection 1, from any other cannabis,
cannabis products or cannabis plants not subject to the hold. For the duration of the
administrative hold, the licensee may not sell, give away, transfer, transport, dispose of or
destroy any cannabis, cannabis products or cannabis plants subject to the hold, but may, as
applicable, cultivate, harvest, manufacture or otherwise maintain the cannabis, cannabis
products or cannabis plants subject to the hold unless specifically restricted by the
department from engaging in such activities pursuant to subsection 1, paragraph C. Page 75 - 131LR0543(05)
3. Operational responsibilities and restrictions. A licensee subject to an
administrative hold shall, for the duration of the hold, maintain the licensee's licensed
premises and otherwise continue to operate the licensee's licensed cannabis establishment
in accordance with the provisions of this chapter, the rules adopted pursuant to this chapter
and the terms, conditions or provisions of the licensee's license and the provisions of the
administrative hold. Except as specifically restricted by the department pursuant to a notice
under subsection 1, the licensee may, for the duration of the administrative hold and as
applicable to the licensee's license type, cultivate, manufacture, test or sell any cannabis,
cannabis products or cannabis plants not subject to the administrative hold.
3-A. Required, permitted or prohibited conduct during administrative holds.
the duration of an administrative hold, a licensee:
A. Shall physically segregate any cannabis, cannabis products or cannabis plants
subject to the hold from any other cannabis, cannabis products or cannabis plants not
subject to the hold;
B. Shall maintain the licensed premises and otherwise continue to operate the cannabis
establishment pursuant to the provisions of this chapter, the rules adopted pursuant to
this chapter and the terms, conditions or provisions of the licensee’s license and the
provisions of the administrative hold;
C. May, as applicable to the license type, cultivate, harvest, manufacture or otherwise
maintain the cannabis, cannabis products or cannabis plants subject to the hold, unless
specifically restricted by the office pursuant to subsection 1, paragraph C;
D. May cultivate, manufacture, test or sell any cannabis, cannabis products or cannabis
plants not subject to the administrative hold; and
E. May not sell, give away, transfer, transport, dispose of or destroy any cannabis,
cannabis products or cannabis plants subject to the hold.
4. Termination; duration. office may terminate an administrative
hold at any time following the imposition of the hold, except that a hold under this section
may not be imposed for a period exceeding 30 consecutive days from the date notice is
provided to the licensee in accordance with subsection 1. Notice of termination of an
administrative hold must be provided by the department office to the licensee subject to the
hold.
5. Department action; administrative hold not required prior to imposition of
penalty. Subsequent to the termination of an administrative hold under subsection 4, the
department, in accordance with the applicable provisions of this subchapter and the rules
adopted pursuant to this subchapter, may impose a monetary penalty on the licensee that
was subject to the hold or suspend or revoke the licensee's license for a violation of the
provisions of this chapter, the rules adopted pursuant to this chapter or the terms, conditions
or provisions of the licensee's license.
The department is not required to impose an administrative hold on a licensee prior to
imposing a monetary penalty on a licensee or suspending or revoking the licensee's license
in accordance with the applicable provisions of this subchapter and the rules adopted
pursuant to this subchapter for a violation of the provisions of this chapter, the rules adopted
pursuant to this chapter or the terms, conditions or provisions of the licensee's license. Page 76 - 131LR0543(05)
6. Administrative hold not required prior to imposition of penalty.
not required to impose an administrative hold on a licensee prior to imposing any penalty
for any violation of the provisions of this chapter, the rules adopted pursuant to this chapter
or the terms, conditions or provisions of the licensee's license.
Sec. B-137. 28-B MRSA §804, as amended by PL 2019, c. 491, §7 and PL 2021,
c. 669, §5, is repealed.
Sec. B-138. 28-B MRSA §1101, first ¶, as amended by PL 2021, c. 645, §4 and
c. 669, §5, is further amended to read:
The Adult Use Cannabis Public Health and Safety and Municipal Opt-in Fund, referred
to in this section as "the fund," is established as a dedicated, nonlapsing fund within the
department office for the purposes specified in this section.
Sec. B-139. 28-B MRSA §1101, sub-§2, as amended by PL 2023, c. 444, §1, is
further amended to read:
2. Uses of fund.
the department office as provided in this subsection.
A. Money credited to the fund may be expended by the department office to fund
public health and safety awareness and education programs, initiatives, campaigns and
activities relating to the sale and use of adult use cannabis and adult use cannabis
products conducted in accordance with section 108 by the department office, another
state agency or department or any other public or private entity. The office may give
priority consideration to funding public health and safety awareness and education
programs, initiatives and campaigns designed specifically for minors.
B. Money credited to the fund may be expended by the department office to fund
enhanced law enforcement training programs relating to the sale and use of adult use
cannabis and adult use cannabis products for local, county and state law enforcement
officers conducted in accordance with section 109 by the department office, the Maine
Criminal Justice Academy, another state agency or department or any other public or
private entity.
C. Money credited to the fund may be expended by the department office to provide
reimbursement to a municipality for qualifying expenses incurred as a result of the
municipality's opting to permit the operation of some or all adult use cannabis
establishments within the municipality. For the purposes of this paragraph, "qualifying
expenses" means legal fees and costs associated with the drafting and adoption of a
warrant article or the adoption or amendment of an ordinance, including the conduct
of a town meeting or election, by a municipality that opted to permit the operation of
some or all cannabis establishments within the municipality. Each municipality may
receive funds, not to exceed $20,000, only once for the reimbursement of qualifying
expenses in accordance with this paragraph. Nothing in this paragraph may be
construed to require the department office to reimburse qualifying expenses incurred
by a municipality if the department office determines there are insufficient funds
available to provide reimbursement. Under no circumstances may a municipality
submit an initial application for the reimbursement of qualifying expenses more than 3
years after the municipality adopts a warrant article or adopts or amends an ordinance
to allow for the operation of some or all adult use cannabis establishments within the Page 77 - 131LR0543(05)
municipality. The department office may adopt rules to implement and administer the
reimbursement of qualifying expenses to municipalities. Rules adopted pursuant to this
paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
The department office may not reimburse qualifying expenses under this paragraph
accrued after July 1, 2027.
D. Any funds remaining in the fund after expenditures made in accordance with
paragraphs A to C must be used to fund:
(1) The cost of the tax deductions for business expenses related to carrying on a
business as a cannabis establishment or a testing facility provided pursuant to Title
36, section 5122, subsection 2, paragraph PP and Title 36, section 5200‑A,
subsection 2, paragraph BB. By June 1st annually, the State Tax Assessor shall
determine the cost of those deductions during the prior calendar year and report
that amount to the State Controller, who shall transfer that amount from the
remaining funds in the fund to the General Fund; and
(2) The cost of the position in the Bureau of Revenue Services within the
department to administer the tax deductions provided pursuant to Title 36, section
5122, subsection 2, paragraph PP and Title 36, section 5200‑A, subsection 2,
paragraph BB. By June 1st annually, the commissioner shall determine the cost of
the position in the bureau to administer those deductions during the prior calendar
year and report that amount to the State Controller, who shall transfer that amount
from the remaining funds in the fund to the General Fund.
Sec. B-140. 28-B MRSA §1101, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6,
is amended to read:
3. Application of fund to departmental office expenses prohibited. Money in the
fund may not be applied to any expenses incurred by the department office in
implementing, administering or enforcing this chapter.
Sec. B-141. 28-B MRSA §1102, as enacted by PL 2017, c. 409, Pt. A, §6 and
amended by PL 2021, c. 669, §5, is further amended to read:
§1102. Adult Use Cannabis Regulatory Coordination Fund
The Adult Use Cannabis Regulatory Coordination Fund, referred to in this section as
"the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds account
in the department office. The fund is administered and used by the commissioner director
for the purposes of adopting rules under this chapter and for the purposes of implementing,
administering and enforcing this chapter. The commissioner director may expend money
in the fund to enter into contracts with consultants and employ staff, as determined
necessary by the commissioner director, conduct meetings with stakeholders and conduct
any other activities related to the implementation, administration and enforcement of this
chapter.
Sec. B-142. 28-B MRSA §1505 is enacted to read:
§1505. Limitation
Notwithstanding any provision of law to the contrary, the Office of Cannabis Policy,
established in section 104-A, may not enforce any provision of this chapter. Page 78 - 131LR0543(05)
Sec. B-143. Appropriations and allocations. The following appropriations and
allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Adult Use Cannabis Regulatory Coordination Fund Z264
Initiative: Provides funding for one OCP Compliance Inspector position and associated
costs.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25POSITIONS - LEGISLATIVE COUNT 0.000 1.000Personal Services $0 $121,154All Other $0 $16,451
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$0 $137,605
PART C
Sec. C-1. 22 MRSA §2142, sub-§1-A, as enacted by PL 2023, c. 267, §1, is
amended to read:
1-A. Certified nurse practitioner.
meaning as in section 2422, subsection 1‑B 2421-A, subsection 13.
Sec. C-2. 22 MRSA §2152, sub-§4-A, as amended by PL 2017, c. 452, §1 and PL
2021, c. 669, §5, is further amended to read:
4-A. Food establishment.
or store in which food and food products are manufactured, processed, packed, held for
introduction into commerce or sold. "Food establishment" includes a caregiver, as defined
in section 2422 2421-A, subsection 8‑A 11, and a registered dispensary, as defined in
section 2422 2421-A, subsection 6 41, that prepare food containing cannabis for medical
use by a qualifying patient pursuant to chapter 558‑C. The following establishments are not
considered food establishments required to be licensed under section 2167:
A. Eating establishments, as defined in section 2491, subsection 7;
B. Fish and shellfish processing establishments inspected under Title 12, section 6101,
6102 or 6856;
C. Storage facilities for native produce;
D. Establishments such as farm stands and farmers' markets primarily selling fresh
produce not including dairy and meat products;
E. Establishments engaged in the washing, cleaning or sorting of whole produce,
provided as long as the produce remains in essentially the same condition as when
harvested. The whole produce may be packaged for sale, provided that as long as
packaging is not by a vacuum packaging process or a modified atmosphere packaging
process;
F. Establishments that are engaged in the drying of single herbs that are generally
recognized as safe under 21 Code of Federal Regulations, Sections 182 to 189. The
single herbs may be packaged for sale, provided that as long as packaging is not by a
vacuum packaging process or a modified atmosphere packaging process; and Page 79 - 131LR0543(05)
G. A caregiver, as defined in section 2422 2421-A, subsection 8‑A 11, conducting an
activity allowed in section 2423‑A for a qualifying patient who is a member of the
family, as defined in section 2422 2421-A, subsection 5‑A 32, or member of the same
household, as defined in section 2422 2421-A, subsection 5‑B 33, of the caregiver.
Sec. C-3. 22 MRSA §2158-B, as enacted by PL 2019, c. 491, §1 and amended by
PL 2021, c. 669, §5, is further amended to read:
§2158-B. Food, food additives and food products containing adult use cannabis not
adulterated
Notwithstanding any provision of law to the contrary, food, food additives or food
products that contain adult use cannabis are not considered to be adulterated under this
subchapter based solely on the inclusion of adult use cannabis. For the purposes of this
section, "adult use cannabis" has the same meaning as in Title 28‑B, section 102 102-A,
subsection 1.
Sec. C-4. 22 MRSA §3763, sub-§11, ¶J, as amended by PL 2017, c. 409, Pt. A,
§4 and PL 2021, c. 669, §5, is further amended to read:
J. Adult use cannabis and adult use cannabis products, as defined by Title 28‑B, section
102 102-A.
Sec. C-5. 36 MRSA §172, sub-§3, as enacted by PL 2019, c. 231, Pt. A, §4 and
amended by PL 2021, c. 669, §5, is further amended to read:
3. Adult use cannabis licensed establishment.
establishment, as defined in Title 28‑B, section 102 102-A, subsection 29 10, to the
Department of Administrative and Financial Services, which shall construe that liability
and lack of cooperation to be a ground for denying, suspending or revoking the taxpayer's
cannabis establishment license in accordance with Title 28‑B, chapter 1, subchapter 8.
Sec. C-6. 36 MRSA §1752, sub-§1-I, as enacted by PL 2017, c. 409, Pt. D, §1 and
amended by PL 2021, c. 669, §5, is further amended to read:
1-I. Adult use cannabis. ‑B,
section 102 102-A, subsection 1.
Sec. C-7. 36 MRSA §1752, sub-§1-J, as enacted by PL 2017, c. 409, Pt. D, §1
and amended by PL 2021, c. 669, §5, is further amended to read:
1-J. Adult use cannabis product.
meaning as in Title 28‑B, section 102 102-A, subsection 2.
Sec. C-8. 36 MRSA §1752, sub-§6-D, as enacted by PL 2017, c. 409, Pt. D, §1
and amended by PL 2021, c. 669, §5, is further amended to read:
6-D. Cannabis establishment.
Title 28‑B, section 102 102-A, subsection 29 10.
Sec. C-9. 36 MRSA §1752, sub-§6-H, as enacted by PL 2019, c. 231, Pt. A, §7
and reallocated by RR 2019, c. 1, Pt. A, §57 and amended by PL 2021, c. 669, §5, is further
amended to read:
6-H. Cannabis. ‑B, section 102
102-A, subsection 27 8. Page 80 - 131LR0543(05)
Sec. C-10. 36 MRSA §1752, sub-§6-I,
and reallocated by RR 2019, c. 1, Pt. A, §58 and amended by PL 2021, c. 669, §5, is further
amended to read:
6-I. Cannabis product. ‑B,
section 102 102-A, subsection 33 15.
Sec. C-11. 36 MRSA §1752, sub-§9-G, as enacted by PL 2019, c. 231, Pt. A, §9,
is amended to read:
9-G. Qualifying patient.
section 2422 2421-A, subsection 9 39.
Sec. C-12. 36 MRSA §4921, as amended by PL 2021, c. 323, §§1 and 2 and c. 669,
§5, is further amended to read:
§4921. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Adult use cannabis. ‑B,
section 102 102-A, subsection 1.
2. Cultivation facility. ‑B,
section 102 102-A, subsection 13 25.
3. Immature cannabis plant.
in Title 28‑B, section 102 102-A, subsection 19 32.
4. Licensee. ‑B, section 102 102-A,
subsection 24 37.
5. Cannabis establishment.
Title 28‑B, section 102 102-A, subsection 29 10.
6. Cannabis flower. ‑B,
section 102 102-A, subsection 31 12.
7. Cannabis plant. ‑B, section
102 102-A, subsection 32 14.
8. Cannabis trim. ‑B, section
102 102-A, subsection 35 17.
9. Mature cannabis plant.
28‑B, section 102 102-A, subsection 36 41.
10. Registered caregiver.
22, section 2422 2421-A, subsection 11 40.
11. Registered dispensary.
22, section 2422 2421-A, subsection 6 41.
12. Seedling. ‑B, section 102 102-A,
subsection 51 59.
13. Wet cannabis flower.
dried, cured or otherwise prepared in any manner to reduce or eliminate any water weight. Page 81 - 131LR0543(05)
14. Wet cannabis trim.
cured or otherwise prepared in any manner to reduce or eliminate any water weight.
Sec. C-13. 36 MRSA §4923, sub-§5, as enacted by PL 2019, c. 231, Pt. B, §7 and
amended by PL 2021, c. 669, §5, is further amended to read:
5. Excise tax on purchases from registered caregivers and registered dispensaries.
A cultivation facility licensee authorized pursuant to Title 28‑B, section 501, subsection 6,
paragraph A to purchase cannabis plants and cannabis seeds from registered caregivers and
registered dispensaries that transacts such a purchase shall pay to the assessor the excise
taxes that would have been imposed under subsections 1 to 4 on the sale of the cannabis
plants and cannabis seeds if the cannabis plants and cannabis seeds had been sold by a
cultivation facility licensee to another licensee.
Sec. C-14. 36 MRSA §5122, sub-§2, ¶PP, as amended by PL 2023, c. 444, §2, is
further amended to read:
PP. For taxable years beginning on or after January 1, 2018, for business expenses
related to carrying on a trade or business as a registered caregiver or a registered
dispensary, as defined in Title 22, section 2422 2421-A, an amount equal to the
deduction that would otherwise be allowable under this Part to the extent that the
deduction is disallowed under the Code, Section 280E. For taxable years beginning on
or after January 1, 2023, for business expenses related to carrying on a trade or business
as a registered caregiver, a registered dispensary or a manufacturing facility, as defined
in Title 22, section 2422 2421-A, or a cannabis establishment or testing facility, as
defined in Title 28‑B, section 102 102-A, an amount equal to the deduction that would
otherwise be allowable under this Part to the extent that the deduction is disallowed
under the Code, Section 280E.
Sec. C-15. 36 MRSA §5200-A, sub-§2, ¶BB,
§3, is further amended to read:
BB. For taxable years beginning on or after January 1, 2018, for business expenses
related to carrying on a trade or business as a registered caregiver or a registered
dispensary, as defined in Title 22, section 2422 2421-A, an amount equal to the
deduction that would otherwise be allowable under this chapter to the extent that the
deduction is disallowed under the Code, Section 280E. For taxable years beginning on
or after January 1, 2023, for business expenses related to carrying on a trade or business
as a registered caregiver, a registered dispensary or a manufacturing facility, as defined
in Title 22, section 2422 2421-A, or a cannabis establishment or testing facility, as
defined in Title 28‑B, section 102 102-A, an amount equal to the deduction that would
otherwise be allowable under this chapter to the extent that the deduction is disallowed
under the Code, Section 280E.
PART D
Sec. D-1. Cannabis hospitality task force.
and Financial Services, Office of Cannabis Policy shall convene a task force to review how
other states regulate cannabis hospitality establishments and draft recommendations for a
bill to regulate cannabis hospitality establishments in this State. The task force shall
consider, at a minimum: Page 82 - 131LR0543(05)
1. Whether the office should issue a single type of cannabis hospitality establishment
license or various license types for different business models;
2. How different methods of consumption are to be regulated;
3. What other products or services, including food or entertainment, may be offered at
cannabis hospitality establishments;
4. Training for cannabis hospitality establishment employees; and
5. Local control, including whether municipalities need to opt in or opt out of allowing
cannabis hospitality establishments and how municipalities may or may not regulate an
establishment.
The office shall appoint members to the task force that include a supporter of the 2016
cannabis legalization ballot measure; an expert on cannabis policy; an expert on cannabis
culinary arts; an individual representing the interests of adult use cannabis consumers; an
individual representing the interests of municipal governments; an individual representing
the interests of adult use cannabis licensees; an individual representing the interests of the
hospitality industry; an individual representing public health; and any other stakeholder the
office determines necessary.
No later than February 1, 2025, the office shall submit a report to the joint standing
committee of the Legislature having jurisdiction over cannabis matters that includes the
task force's findings and recommendations, including suggested legislation. The
committee may report out legislation to any regular or special session of the 132nd
Legislature based upon the task force's recommendations.
Sec. D-2. Self-populating online license renewal application.
Notwithstanding any provision of law to the contrary, the Department of Administrative
and Financial Services, Office of Cannabis Policy shall develop an online license renewal
application that self-populates all of the active licensee’s information on file as previously
submitted to the office for approval, including, but not limited to, information pertaining
to principals and plans of record. The online license renewal application must provide a
licensee the opportunity to verify with a single action that information on file with the office
has not changed or to make edits, as applicable, to information on file.
Sec. D-3. Staggered implementation of 2-year identification cards.
Notwithstanding any provision of law to the contrary, the Department of Administrative
and Financial Services, Office of Cannabis Policy shall implement the 2-year registry
identification card provisions of this legislation in section 2425-A, subsection 3 of the
Maine Medical Use of Cannabis Act one calendar year prior to implementing the 2-year
individual identification card provisions of this legislation in section 106 of the Cannabis
Legalization Act.
PART E
Sec. E-1. Adoption; Chapter 10: Rules for the Administration of the Adult
Use Cannabis Program. Notwithstanding any provision of the Maine Revised Statutes,
Title 5, chapter 375, subchapter 2-A to the contrary, and using this Part as permitted in Title
5, section 8072, subchapter 11, final adoption of Chapter 10: Rules for the Administration
of the Adult Use Cannabis Program, a provisionally adopted major substantive rule of the
Department of Administrative and Financial Services, Office of Cannabis Policy that has Page 83 - 131LR0543(05)
been submitted to the Legislature for review pursuant to Title 5, chapter 375, subchapter
2-A, is authorized only if the following changes are made:
1. The rule must be amended, as necessary, to substitute the words "minor" and
"minors" for the phrases "individual under 21 years of age" and "individuals under 21 years
of age," respectively;
2. The rule must be amended in the subsection labeled "Definitions" to expand the
definition of "principal" to better identify the natural persons associated with the various
types of business entities licensed under the Maine Revised Statutes, Title 28-B, chapter 1;
3. The rule must be amended in section 1.4 and any other relevant sections to remove
the requirement that packaging for adult use cannabis and adult use cannabis products be
opaque;
4. The rule must be amended, as necessary, to allow the requirement for child-resistant
and tamper-evident packaging to be met either through the packaging of or the exit
packaging for adult use cannabis or adult use cannabis products;
5. The rule must be amended, as necessary, to conform the rule to any changes to the
Maine Revised Statutes, Title 28-B, chapter 1 enacted in the Second Regular Session of the
131st Legislature, including, but not limited to, changes to definitions;
6. All necessary grammatical, formatting, punctuation or other technical
nonsubstantive editing changes must be made to the rule, and any necessary correction of
the description of the units of the rule must be made to ensure proper reference and
application of the provisions of the rule; and
7. All other necessary changes must be made to the rule to ensure conformity and
consistency throughout the rule and to ensure consistency between the rule and the
provisions of this section and between the rule and the provisions of the Maine Revised
Statutes, Title 28-B, chapter 1.
The Department of Administrative and Financial Services, Office of Cannabis Policy
is not required to hold hearings or undertake further proceedings prior to final adoption of
the rule in accordance with this section.
Sec. E-2. Adoption; Chapter 20: Rules for the Licensure of Adult Use
Cannabis Establishments.
Statutes, Title 5, chapter 375, subchapter 2-A to the contrary, and using this Part as
permitted in Title 5, section 8072, subsection 11, final adoption of Chapter 20: Rules for
the Licensure of Adult Use Cannabis Establishments, a provisionally adopted major
substantive rule of the Department of Administrative and Financial Services, Office of
Cannabis Policy that has been submitted to the Legislature for review pursuant to Title 5,
chapter 375, subchapter 2-A, is authorized only if the following changes are made:
1. The rule must be amended, as necessary, to substitute the words "minor" and
"minors" for the phrases "individual under 21 years of age" and "individuals under 21 years
of age," respectively;
2. The rule must be amended, as necessary, to allow a licensee to use equipment not
included on the licensee's plan of record in emergency or exigent circumstances to the
extent use of the equipment is necessary to mitigate loss of or damage to a licensee's
inventory or property; Page 84 - 131LR0543(05)
3. The rule must be amended, as necessary, to allow the requirement for child-resistant
and tamper-evident packaging to be met either through the packaging of or the exit
packaging for adult use cannabis or adult use cannabis products;
4. The rule must be amended, as necessary, to conform the rule to any changes to the
Maine Revised Statutes, Title 28-B, chapter 1 enacted in the Second Regular Session of the
131st Legislature, including, but not limited to, changes to definitions;
5. All necessary grammatical, formatting, punctuation or other technical
nonsubstantive editing changes must be made to the rule, and any necessary correction of
the description of the units of the rule must be made to ensure proper reference and
application of the provisions of the rule; and
6. All other necessary changes must be made to the rule to ensure conformity and
consistency throughout the rule and to ensure consistency between the rule and the
provisions of this section and between the rule and the provisions of the Maine Revised
Statutes, Title 28-B, chapter 1.
The Department of Administrative and Financial Services, Office of Cannabis Policy
is not required to hold hearings or undertake further proceedings prior to final adoption of
the rule in accordance with this section.
Sec. E-3. Adoption;
Establishments.
chapter 375, subchapter 2-A to the contrary, and using this Part as permitted in Title 5,
section 8072, subsection 11, final adoption of Chapter 30: Compliance Rules for Adult Use
Cannabis Establishments, a provisionally adopted major substantive rule of the Department
of Administrative and Financial Services, Office of Cannabis Policy that has been
submitted to the Legislature for review pursuant to Title 5, chapter 375, subchapter 2-A, is
authorized only if the following changes are made:
1. The rule must be amended, as necessary, to substitute the words "minor" and
"minors" for the phrases "individual under 21 years of age" and "individuals under 21 years
of age," respectively;
2. The rule must be amended, as necessary, to substitute the phrase "targets minors,"
or a similar phrase, for the phrase "appeals to individuals under 21 years of age," and similar
phrases;
3. The rule must be amended, as necessary, to allow a licensee to use equipment not
included on the licensee's plan of record in emergency or exigent circumstances to the
extent use of the equipment is necessary to mitigate loss of or damage to a licensee's
inventory or property;
4. The rule must be amended, as necessary, to allow a cultivation facility licensee or
nursery cultivation facility licensee to acquire cannabis plants and seeds through a lawful
purchase from another cultivation facility licensee or nursery cultivation facility licensee.
The rule must allow a cultivation facility licensee or nursery cultivation facility licensee to
acquire seeds or seedlings as a gift from a resident of the State who is at least 21 years of
age as long as the acquisition, within any 90-day period, is not more than one transfer of
2 1/2 ounces of seeds or more than one transfer of 12 seedlings from each individual gifting
seeds or seedlings to the licensee; the office of cannabis policy has provided prior written
approval of the gift of seeds or seedlings; the individual gifting the seeds or seedlings does Page 85 - 131LR0543(05)
not receive any form of remuneration; the gift is not conditional or contingent upon any
other term or requirement of the licensee; and the licensee records the name and telephone
number of the person gifting the seeds or seedlings, along with the identification number
from that individual's valid state identification card. The rule must provide that, whether
the seeds or seedlings are acquired by purchase or gift, the licensee must track the seeds or
seedlings pursuant to the Maine Revised Statutes, Title 28-B, section 105;
5. The rule must be amended in sections 1.9, 5.3.A.1(d), 5.4.A(7), 5.5.A(4) and
5.6.A(4) and any other relevant sections to remove the requirement that the packaging of
or exit packaging for adult use cannabis or adult use cannabis products be opaque;
6. The rule must be amended, as necessary, to allow the Office of Cannabis Policy to
require labeling of adult use cannabis and adult use cannabis products that includes
information on whether the adult use cannabis or adult use cannabis product has been
remediated and by what method;
7. The rule must be amended, as necessary, to conform the rule to any changes to the
Maine Revised Statutes, Title 28-B, chapter 1 enacted in the Second Regular Session of the
131st Legislature, including, but not limited to, changes to definitions;
8. All necessary grammatical, formatting, punctuation or other technical
nonsubstantive editing changes must be made to the rule, and any necessary correction of
the description of the units of the rule must be made to ensure proper reference and
application of the provisions of the rule; and
9. All other necessary changes must be made to the rule to ensure conformity and
consistency throughout the rule and to ensure consistency between the rule and the
provisions of this section and between the rule and the provisions of the Maine Revised
Statutes, Title 28-B, chapter 1.
The Department of Administrative and Financial Services, Office of Cannabis Policy
is not required to hold hearings or undertake further proceedings prior to final adoption of
the rule in accordance with this section.
Sec. E-4. Report to Legislature. By December 15, 2024, the Department of
Administrative and Financial Services, Office of Cannabis Policy shall submit a copy of
each finally adopted rule under this Part to the joint standing committee of the Legislature
having jurisdiction over cannabis matters and shall clearly identify all differences between
the provisionally adopted rules and the finally adopted rules. The committee may report
out legislation related to one or more of the rules to the 132nd Legislature in 2025.