An Act To
Maine Legislature, Session 127, LD 1380
Committee Amendment CA_A_H488 (House)
Amends: 30-A MRSA §102-A, 30-A MRSA §7051, 15 MRSA §3103

COMMITTEE AMENDMENT ,,~, to H.P. 935, CO. 
Legalize, Tax and Regulate Marijuana' 
1380, Bill, "An Act To 
Amend the bill in Part A in section 1 in §4922 by striking out all of subsection 1 
(page 2, lines 13 to 19 in L.D.) and inserting the following: 
'1. Rate of excise tax. An excise tax is ~mposed on the sale or transfer of mariiuana 
from a commercial marijuana cultivation facility to a retap marijuana stQre and from a 
commercial marijuana cultivation facility to a marijuana prodyct manufacturing facility~ 
Each commercial marijuana cultivation facility shall pay an excise tax at the rate of 5% 
on marijuana that is sold or transferred from the commercial marijuana cultivation facility 
as authorized by a license issued by the bureau pursuant to Title 28-1\, section 2602, 
subsection 1 and section 2603.' 
Amend the bill in Part A in section 1 by striking out all of §4923 (page 3, lines 9 to 
in L.D.) and inserting the following: 
'§4923. Additional sales tax on marijuana and marijuana products 
1. Rate of additional sales tax. 
An additional tax is imposed on the sale of 
marijuana and marijuana products sold at retail marijuana stores as provided in section 
181l-D. The rate of tax is 10%, which is in addition to the rate of tax imposed under 
section 1811. 
2. Exemption. The additional tax on marijuana and marijuana products imposed 
pursuant to this section may not be levied on marijuana sold by registered dispensaries or 
registered primary caregivers to qualifying patients and primary caregivers pursuant to 
Title 22, chapter 558-C. 
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3. Rate review. The bureau shall review the tax levels established ynder this section 
annually and report its findings and make recommendations to the Legislature as 
appropriate regarding adjustment to the tax level.' 
Amend the bill in Part A in section 1 in §4924 by striking out all of subsection 1 
(page 3, lines 20 to 38 and page 4, lines 1 to 5 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" !r 10 H.P. 935, c.D. 1380 
'1. 
Application of excise tax reyenue. 
The following provlSlp11s g9vem the 
application of revenues received from imposition of the excise tax pursuant to section 
4922. On 0'1' before the last day of each month, the State Controller shall transfer the 
funds to the General Fund except that: 
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A. Five percent of the revenues must be expended to fund drug; recognition experts 
in state agencies as determined by law. 
This paragraph is repealed January 1, 2018; 
B. Five percent of the revenues must be credited to the Marijuana Regulation and 
Licensing Fund established under Title 28-A, section 26()7; 
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C. Ten percent of the revenues must be credited to ~he office of substance abuse and 
mental h,ealth services within the Department of Health and Human Services for the 
purpose of providing addiction treatment seryicesj 
D. Five percent of the revenues must be credited t9 the Department of Health and 
Human Services, Maine Center for DiseaseQ9ntroi and Prevel1tion for the purpgse of 
an ongoing public awareness campaign to reduce youth marijuana, alcohol and 
tobacco consumption; . 
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E. Five tJercent of the revenues must be credited t9 a statewide sheriffs association 
for enforcement activities for deterring sale~ of marijuana and alC9h91 to underage 
tJersQns;and 
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F .. Five percent 9f the revenues must be credited to the Low-income Marijuana 
Patient Access Program Fund establisheq under Title 28-A, section 2609.' 
Amend the bill in Part B in section 2 in subsection 3 by striking out all of paragraphs 
A and B (page 5, lines 2 to 16 in L.D.) and inserting the following: 
'A Except as Qrovided in chapter 55?-C, a person under 21 years of agy may not 
possess marijuana. A person under 21 years of age whQ possesses up to 2 112 ounces 
of marijuana commits a civil violation for which a fine of not more than $100 may be 
adjudged and a specified number of hours of community service for the benefit of the 
State, the municipality or other public entity or a charitable institution may be 
ordered. If no other violation of this paragraph is committed within one year, the 
court shall expunge the record of the civil violation. A person under 21 years of age 
who possesses more than 2 112 ounces of marijuana violates, and is subject to 
prQsecution under, Title 17-A, section 1107-A, subsection 1, paragraph F. 
B. Except as provided in this paragraph and chapters 558-C and 558-D, a person 21 
years of age or older may not possess marijuana. Pursuant t9 section 2430-F, a 
person 21 years of age or older may possess up to one ounce of marijuana. A person 
years of age or older who possesses over one ounc.e but less than 2 112 ounces of 
marijuana commits a civil violation for which a fine of not more than $100 may be 
adju,dged anda specified number of hours of community service for the benefit of the 
State, the municipality or other public entity or a charitable institution may be 
ordered: A person 21 years of age or older who possesses more than 2 112 ounces of 
marijuana violates, and is subject to prosecution under, Title 17 -A, section 1107 -A, 
subsection 1, paragraph F.' 
COMMITTEE AMENDMENT 
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COMMIITEE AMENI)MENT .. A 
.. to H.P. 935, L.D. 1380 
Amend the bill in Part C in section 1 in §2430-E by inserting after subsection 2 the 
following: 
'3. Lh:ensee. "Licensee" lTIeans a retail marijuana store: 
Amend the bill in Part C in section 1 in §2430-E by inserting after subsection 7 the 
following: 
'8. Premises. "Premises" means alll?arts of the cot;ltigu~us real ~sJ~t~ Qcc~l?ied b~ 
licensee over which the licensee has direct or indirect control or interest that the licensee 
uses inthe 9peration of the licensed business.' 
Amend the bill in Part C in section 1 in §2430-E by renumbering any nonconsecutive 
subsection number to read consecutively. 
Amend the bill in Part C in section 1 in §2430-F in subsection 1 in paragraph B in the 
last line (page 7, line 4 in L.D.) by striking out the following: "p marijuana seedlinM" 
and inserting the following: '3 marijuana seedlings' 
Amend the bill in Part C in section 1 in §2430-F in subsection 1 by striking Qut all of 
paragraph C (page 7, lines 5 to 7 in L.D.) and inserting the following: 
'C. Subject to the limit of 6 plants as provided in sUbsegtion 2, paragraph A, possess, 
grow, cultivate Qr process up to 6 marijuana plants Qr seedlings as allowed under 
sub~ecti9n 2, paragraph A and p.ossess t~e marijuana and tnarijuana pro~ucts 
produged from the marijuana plants on the premises where the plants were grown; 
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Amend the bill in Part C in section 1 in §2430-F in subsection 2 in paragraph A in the 
last line (page 7, line 13 in L.D.) by inserting at the end the following: 'The limit of 6 
plants applies to plants described in subsection 1, paragraph C and this paragraph 
combined.' 
Amend the bill in Part C in section 1 in §2430-F in subsection 2 in paragraph B in the 
last line (page 7, line 18 in L.D.) by inserting after the following: "have access" the 
following: 'and storing and securing marijuana and marijuana products in a manner that 
does not reasonably allQw access 'by persons under 21 years of age' 
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Amend the bill in Part C in section 1 by inserting at the end the following: 
'§2430-G. Prohibited acts by underage pers,ons; penalties 
1. Prohibition. An underage persQn max l}ot: 
A. Purchase marijuana or marijuana products. The following penalties appjyJQ 
violations of this QaragraQh. 
(1) An underage Qerson who violates this Qapigraph commits a civil violation for 
which a fine of not more than $400 must be adjudged. 
(2) An underage l?erson \Vho violates this paragraph after having previously 
violated this section commits a civil violation for which a fine Qf not more than 
$600 must be adjudged, none of which may be suspended except as provided in 
subsection 2, paragraph B. 
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COMM[TI'EE AMENDMENT"~' to H.P. 935, ".D. [380 
(3) An underage person who violates this ~.mgraph after having previol!m 
violateq this section 2 or more timescQmmits. a civil violation fQr :which a fine of 
$800 must be adjudged, none of which may be suspended except as provided in 
subsection 2, par~graph B; 
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B. Consume marijuana or m~rijuana Qrodllcts. The follQwing. penCllties apply to 
viQlations of this paragraph. 
(1) An underage person who violates this paragraQh gOll1mits a civil violation for 
which a fine of not more than $400 mustbe acljuslged. 
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(2) An underage person who violates this paragraph after having previously 
violated this section commits a civii viola.tion for which a fineQf not more than 
$609 must be adjudgeci, n~ne of which may be sus,penged .exgept as Vrovided in 
subsection 2, paragraph B: 
(3) An underage person w~Q viQlates this paragraph after having previously 
violated this section 2 or more times commits a civil violation for which a fine of 
$800 must be adjudged, nQne of which may pe suspengeg except as provided in 
subsection 2, paragraph B; 
C. Have 9n the underage person's person marijuana on any premisys licenseg for the 
sale of marijuana. The following penalties apply to violatiQns of this pal'a~ 
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(1) An l,l11derage person who viQlates this l?aragraph, cQI11mit§ a ci"il viqlatiQn for 
which a fine of not more than $400 myst be acljudged. 
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(2) An underage person who violates this Qaragraph after having previously 
violated this section commits a civil violatiopfor whi~h a fine of n()t mQre than 
$600 must be adjudged, none of which may be syspendeq exc\(pt as provided in 
sUQsection 2, paragraph B. 
(3) An underage person who violates this paragraph after havin!LP!eviously 
violated this section 2 or more times commits a civil ~iolation fo~ which a fine of 
$800 must Qe adjudged, none of which may be s':1sp~nded except as provided in 
subsection 2, paragraph B; 
D. Presept or offer to a licensee or the licensee's agent or, enwloyee any written or 
oral evidence of age that is f<llse, fi'audulent or not actually the underage person's 
own? for the purpose of: 
(1) 
Ordering, purchasing, attempting to purchase or otherwise procuring or 
attempting to procyre marijuana. The following penalties apply to violations of 
this subparagraph. 
(a) An underage person who violates this subparagraph commits a civil 
violation fQr which a fine ofnot lllQre than $400 must be adjudged. 
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(b) 
An underage person who viola~es this subparagraph after having 
previQusly violated this section commits a civil viQlation for which a fine of 
not more than $600 must l2e· adjudged, none of which may besusp~nded 
except as provided in subsection 2, parag~aph B. 
COMMITTEE AMENDMENT 
~MITTEE AMENDMENT "A" to H.P. 935, L.P. 1380 
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An underag~ person who violates this subparagranh after having 
previously violated this. section 2 or more times commits a civil violation for 
which a fine of $800 mllst be adjud~one of which mID'-he suspended 
except as provided in subsection 2, paragraphJt-m: 
(2) Gaining ascess to premises when yndera~e persons al'e not allowed. The 
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fol~owingpenalties apply to violations of this subparagraph. 
(a) An und~rageperson wlW. vi()lates t~is, ~ubparagraph cgmmits a civil 
violation fQr vyqicq a fine o,f l?-o,t m9re than $400 must be adjlldged. 
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An under.~g~. pers~m whQ 
viQl~tes ,this subparagraph after having 
w:evioysly viQlated, this §.e,~*m cO,m~its a civil violation for which a fine of 
not more than $600 must be agjudged. none Q.f which may be suspended 
except as ,prov'ideq in subsection"2,p~1~airaph'a' .... 
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(c) 
An underage per;;gn who violates this subparagraph after having 
previously violated this section 2 or more times commits a civil violation for 
~hich afineo($80qnlUst b_e adiudged~. no~e ofwhich may be suspended 
except as provi(tyd,~n sul?~ection~"paragraph 13,; or 
E. Have in the ung~rage person's possession equipment specifically constructed. 
manufacture4 . or marketed for the purpQse. of cultivating marijuana., The following 
penalties apply to violations of this paragraph. 
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(1) An underage persgn who violates this paragraph commits a civil violation for 
\V,hich a fine of not more th,an $400 mu~t l?e adjudged. 
(2) An underage .12erson who violates this paragraph after having previously 
violated thi;; section commits a civil violation for which a fine of not more than 
$600 must be adjudg~d~ ~one of which' max' be suspended except as provided in 
subsection 2, paragraph B. 
(3) An underage person who violates this paragraph after having previously 
violated this section 2 or more times commits a civil violation for which a fine of 
$800 must 'be ~djudged, none of which may be suspended exct'pt as provided in 
subsection 2, paragraphB. 
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2. Penalties ... T~e fo1l9wing apply to the~enalties imposed for violations of this 
section. 
A. When a person is adjudges! to have committed a first offense under this section, 
the illdge shall infQrm that person that thy fines for the 2nd and subsequent offenses 
are mandatory and c~nnot be suspended except as provided in paragraph B. Failure 
to infonp tpe first offendyr tqat subseg1!ent fines are mandatory is not a ground for 
suspension of any subsequent fine. 
B. The judg(:, a~ an alternative to o! in addition to the civil fines r~quired by this 
section, may assign the underage persgn to perform specified work for the benefit of 
the State, the municipality Qr other puplic entity or charitable institution. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
.. to H.P. 935, 1.\>. 1380 
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3. Underage person may n~t be charge~ with more than c,)lle o!(ense. 
An 
underage person may not be charged with more than one offense under this section in any 
given instgnce in which the same set of facts. is involved. 
4. 
I~lega~ possessi~~.J!.~d iIIegal.!ra~w~rtaj!2.n. , If ~r,L!!.n~era,ge 12erson is ,charged 
with ille,gal possession under this sectiQl1' the. underage persqn may not b.e chargeg with 
illegal transportation under sectign 2430-tL 
W,3Q-H. m~gaJ transportation by un;der~ge persons 
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U,n.!!,e~ge I;l~rson may n'lt tr,a..nsport marijuana. 
Ex?ept as prpvided in 
su~sectiop 2~ l!;nderage person may flOt lQ!,Q.winglytrans.p,Q!t or kno,wingly permit to be 
transPQrted marijuana in a mot()r vehicle under tl}e un.derage persQn's control. 
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followil1g penalt!es applY&YiQlations ~f this subs~cti9n. 
A. Anunderage person whQ yiolates this s,1lbsectiRn commits a ciyil violation for 
which a fi!1e of not more than $5QP myst be a<1judged. 
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~. An under~ge person '(\'ho vio.@ctes this slJQsectiQn after having previously violated 
this section commits a civil viol~tion for '\i'Vhich a fine gf not more than $500 must be 
adjudged, none gf which may ge suspended. 
C. An underage person who violates this subsectign after having previously violated 
this section 2 or more times commits a civil violation for which a fine of not more 
than $500 mustbe adjudged, non~ of which may be syspel1ded. 
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2. 
Permitted transportatio~. An underage person ll}ay transpQrt mflrijuana or 
rurr~it ~narijuana to be tr~msported in a motQr vehicle at the requestQf the ungerage 
person's parent,gyardian 9r custoqian, as defined in Title ~2, secti9n 4002, subsectiQn 5. 
3. 
N9 co~vic!ion ~f marijuana not within underagt) person's section. 
An 
underage pers9n may n9t be found in violation of any offense under this section if 
marijuana is found Qutside the passenger's or driver's se~ti()nofa motor vehiqle under the 
underage. pers()n's con~roL unles,s the undqage person. ha~ acttm.~· knowledg~ of the 
pres((nce of tpe marijuana. The trun1~ or locked glove compartment .of any ve,hicle may 
not be construed under this section to be within the pa~senger's or driver's sl)'ction of the 
motor vehicle. 
4. Underage person may not be charg~ with both illegal tran~portation and 
ilIe,gal possession .. An underage pers~n charged w~th ipeg~l tr,ansportation under this 
secti()n may not be charged with illegal pQssessiqn under sectiqn 2430-0. An underage 
person who possesses or consumes marijuana in a motor vehicle under the terms of this 
section must be charged under this section, rather than under section 2430-0. This 
subsection does not preclude charges under Title 15, sectiQn 3103, subsection L 
paragra,Rh F, when appropriate. 
§2430-I. 
Furnishing or allowing consumption of marijuana by certain persons 
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prohibited 
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1. Offense. ExceQt as provided in section 2430-H, a person l)1ay not knowingly: 
COMMITTEE AMENDMENT 
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.. to H.P. 935, L.P. 1380 
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~., A. Procure, 91' in any way aid. or assist i~ l?rocuring, furnish, giye,sell or deliver 
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marijuana for or to an underage person, The following pJill,alties apply to violations 
of this paragraph. 
(1) A person who violates this par.agraph commits a Class D crime. 
(2) A person who viQlates this. paragraph commits a Class Dcrime f9r which a 
fine of not less than $50Q tnay qe i~ppsed, none 9f which l~y.J?e suspended, if 
the violation involves an underage pers91l: who is less than 18 yearsof a~ 
(3) A person who violates this paragraph after ha:vingj2een previously convicted 
of violating thisparagrt\ph or paragraph B. within a 6-year 12eriog 90mmits a P$lss 
D crime for which a fine of not less than $1,000 may be imposeg, none of which 
may be suspendeg. 
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(4) A persQn who viglates this paragraph after having been previo~sly convicted 
of violating this paragraph 01' p~ragraph. B 2 01' more times within a 6-year period 
commits, a Class pcrime f9r \Vhich a fine of ngt less than $1,500 m~ 
impQsed, none qf wh~qh may be s~~Qen~ 
(5) 
A person who violates this paragraph commits a Class C crime if the 
consumption of marijuana by the underage persQnin fact cause,s serious bodily 
injvry to or death of the underage Qers9n o~ any other individua1.I:or pumoses of 
this sugparagraph, "serious bodily injury" ha§ t!:!uame meaning.....M set out in 
Title 17-A, section 2, subsection 23; 
B. Allow ~n underage person under that pers()n's ~Q!ltr.ol ()l' in a place under that 
persQn's control to possess 01' consume l1)arijuana. The followingJW:l~1ties aQply to 
violations Qf this paragraph. 
(1) A person whQ violates this paragraPll commits a Class D9l'illle, 
(2) A person who violates this paragraph commits a Class D crime for which a 
fine of not less than $1 ,OQO may ge irripo~'ed, none of whicl1may be su~pende9Jf 
the violation involves an underage person who is less than 1,8 years of age. 
(3) A person who violates this paragraph ~fter havin~ been previQusly c9nvicted 
of violating tl1is paragraph 01' paragraph A within a 6-year period commits a 
Class D crime f9r which a fine of n9t l~ss tl1an $b090 may be imposed, none of 
which may be suspended. 
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A person who violates this paragraph commits a Class C crime if the 
consumptiQn of marijuana by the underage person in fact causes serious bodily 
injury to or death of the underag,e per~on or a~y Q~h,er insli~idua1. For pUrPoses of 
this subparagraph, "serious bod,!y injury" has the same meaning as set out in 
Title 17-A, section 2, subsection 23; 
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C. Procure, 01' in any way aid or assist in procuringl finnish, give, sell 91' deliver 
marijuana to a visibly intoxi<;ated perso~, ViQlation of this p8:ragraph i§ a Class E 
crime, except, notwithstanding Title 17 -A, section 1301, the fine may not be more 
than $500; Qr 
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COMMITIEE AMENDMENT 'R . to H.P. 935, L.D. 1380 
D. Procur~n any way assist in,Procuring, furnish, give, sell or deliver synthetic 
marijuana or synthetic cannCl.J:?~noids for or to an underage persQn, or allow an 
underage person unger that person's control or in a place under that person's control 
to possessor consutlle synthetic maxijuana or sYnthetic cannabinoids. Violation of 
this paragraph is a Cla~s E crime, except, no~withstanding Title 17-A, section 1301, 
the fine may not be more th!ln $~Q<h' 
Amend the bill in Part 0 in section 1 in §2602 in subsection 4 in the 4th line (page 
11, line 22 in L.D.) by striking out the following: 
"subsection 4" and inseliing the 
following: 'subsection 5' 
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Amend the bill in Part D in section 1 in §2602 in subsection 5 in the 5th line (page 
11, line;,: 29 in L.P.) by inserting after the following: 
"ve~.dit:tg 111achine" the;,: following: 
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except inside a retail marijuana store' 
Amend the bill in Part D in section 1 in §2602 in subsection 12 in the first line (page 
14, line 27 in L.O.) by striking O\1t the following: "2019" and inseliing the following: 
'2018' 
Amend the bill in Part D in section 1 in §2603 by striking O\1t all of subsection 1 
(page 14, line;,:s 40 to 44 and page 15, lines 1 and 2 in L.D.) and inserting the following: 
'1. Applications. An appl,ic~nt for ~~~riiuana establis~ment licetlse or" mariiuan~ 
transpQrtationprovider license shall file an apJ2lication in the fQrm required by the bureau 
for the type of marijualla establishmellt license sougl1LQf the mar!Jl,lana transportation 
l2.rovider license, along with evidence that the munictpality,unorganized place 9r 
plantation has appr9ved the operation of the prpe of marijuana establishment or the 
operation of a mar\iuana transQortation proviger and the applicati9n fee as set by rule. 
A. An applicant may apply for ang be granteq more than one type of marijuana 
establishment license, except that a person or entity licens,eg to operaty as a marijuana 
testing facility may not hold any other marijuana establishment license. 
B. Upon the adoption by the bureau of rules tc! itllplement this chapte;,:r, the required 
aQproval by the h9st municipality, ullgrganize4 place or plantation pursuant to section 
2604 an4 the receipt of a comnleted abiJreviated dispensary applicatio,n by the bureau~ 
each registered dispensary licensed under Title 22, chapter 558-C must be issued a 
provisional license to operate one cq'mmercial marijuana cultivation facility, one 
marijuana prod:uct manufacm.ring facility an4 Qne retail marijuana store for each 
registered qispensary. Upon qemQnstration of compliance with. these rules prior to 
t~e expiration pf the provisional license, the registered disptmsary must be' gran~ed a 
full license. 
A registered ciispensary 
s~all pay the appropriate marijuana 
establishment licel}s,ng ~ee§ a~ established by the bur\fau and submit to a site 
inspectiQn by the byreau to ensure compliance with this chap-ter.' 
Amend the bill in Part 0 in section 1 in §2603 in subsection 2 in the 4th line (page 
15, line 6 in L.D.) by striking out the following: "law." and inserting the following; 'law 
a~d who h~s apl2lied t9 locate in ,a munictpality, unorg!lnized place or plantation that has 
approved the operation gf the type of mariiuana estaJ:?lishment or the operation of a 
mariiuanatransportation provider pursuant t9~e'ctio~ 2604.' 
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COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT'~ " to H.P, 935, L.p, 1380 
Amend the bill in Part D in section 1 in §2603 in subsection 2 in the 8th line (page 
15, line 10 in L.P,) by striking out the following: 
"subsection 3" and inserting the 
following: 'subsection 4' 
Amend the bill in Part D in section 1 in §2603 in subsection 2 in paragraph B in the 
first line (page 15, line 18 in L.D.) by inserting after the following: "municipality" the 
following: " llllorganizedplace or plantation' 
Amend the bill in Part P in section 1 in §2603 in subsection 2 by striking out all of 
paragraph C (page 15, lines 23 to 27 in L.D,) and inserting after the following: 
'C, 
The numb((r of mariJuana establishn1ents allow$Q_J!Llhe !nunicipality, 
unorganizeq place or plant~ti()p. that the~l?plicant has listed. in. th~ application has 
been limited pursuant ts? seytiO,n 2694 91' is.limit~d by su~ctiQn 9 and the bureau has 
already licenses! the maximYrn nUl]1ber of marijua!.la· est\j-blishments allowed in the 
municipality, unorganized place 9r plantation for the catego!y" of license that is 
sOllght.' 
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Amend the bill in Part D in section 1 in §2603 by inserting after subsection 2 the 
following: 
'3. Provisional licenses for dispensaries. The bureau shall issue a provisional 
license or approval t9 ~n' applicant foi a 'cqmmerdal' marifual1a cultivation facil~ 
marijuana product manufacturing facility ang a retail marijuana store whg: 
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A. Operates a registered di~pensary under Title 22, chapter 558-C; 
E, Col11pletes. an abbreviateq dispensary application for .a provisional license for a 
commercial marijuana cultivation facility, marijuana product manufacturing facility, 
or a retail marijuana store; 
C. Provides evidence that the municipality, unorganized place or plantation in which 
the appli,cant proposes to loc<l:te has apprQved the operation of the type of marijuana 
establishment or the operation of a marijuana transportatign provider pursuant to 
sectign 2604; 
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D, Provides evidence, based on its last inspection by the Pepartment of Health and 
Human' Services, that it is in compliance with all applicable laws and rules of the 
Maine MedicalUse of Mariiuana Act or th~t it is irrJl1e process Qf an approved 
corr,ective action plan; and 
E, Demonstrates the ability to comply with all applicable laws and rules by the end 
of the provisional license term, which will be upon the annual license renewal of the 
marijuanaestabiisI1ment.'· 
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Amend the bill in Part D in section 1 in §2603 in subsection 4 in the first line (page 
15, line 32 in L.D,) by striking out the following: 
"Municipal consultation." and 
inserting the following: 'Consultation.' 
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Amend the bill in Part P in section 1 in §2603 in subsection 4 in the first line (page 
15, line 32 in L.D.) by inserting after the following: "municipality" the following: 'or 
unorganized place ()r plantation' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" 4, to H.P. 935, 1.0. 1380 
Amend the bill in Part D in section 1 in §2603 in subse<;tion 4 in the 5th line (page 
15, line 36 in L.D.) by inserting after the following: "municipality" the following: 'or 
plantation, or t9 the appropriate county commissiQners with respect to an unorganized 
place,'· 
. 
. 
Amend the bill in Part D in section 1 in §2603 in subsection 5 in the 4th line (page 
15, line 41 in L.D.) by inserting after the following: "municipality" the following: 
'~ 
qnorganized place or plantation' 
Amend the bill in Part D in section 1 in §2603 in subsection 5 by striking out all of 
paragraph A (page 16, lines 1 to 7 in L.D.) and inserting after the following: 
'A. 
If a greater number of applications is received from qualified applicants to 
operate a marijuana establishment in a municipality, unorganizestplace or plantation 
than is allowed under the limits enacted by the municipality, unQrganized place or 
plantation pursuant to section 2604 or pursuant tosubsecti9n 9, the bureau shall 
solicit and consi4er input from the municipality, unorganized place or plantation as to 
the municipality's, unorganized place's or plantation's preference or preferences for 
licensure. Within 90 days after the date the firs.t application is received, the Qureau 
shall iss:qe the maximum number of applicable licenses for each type of marijuana 
establislll~ent licyn~e aPl~lication received.' 
Amend the bill in Part D in section 1 in §2603 in subsection 5 in paragraph B by 
striking 01.Jt all of s1.Jbparagraph (l) (page 16, lines 10 to 12 in L.D.) and inserting the 
following: 
'e 1) In the event of a tie between 2 equally q1.Jalified applicants within one license 
category, an applicant for a license for a marijuana establishmel)t 9r a mariju.illlli 
tral)sportation provider license has pre~erence in the licensvre prqcess over other 
~pplicants if the applicant does not hold a license Y:11(;ler this chap.w.:- in that 
categoty.' 
' 
Amend the bill in Part D in section 1 in §2603 by striking out all of subsection 8 
(page 16, lines 29 to 41 in L.D.) and inserting the following: 
'S. 
Limitatiqn on number of retail marijuap.a 
s~ores. 
If a municipality, 
unorganized place. or plantation has allowed for retail marijuana stQres pursuant to section 
2604 and as long as at least one qualifyiqg. application is received, the bureau shall 
license retail marijuana stores as provided. in this subsection in municipalities-,-
unorganized places and plantations that have al2proved the operation of the type of 
marijuana establishment or the operation of a marij1.Jana transportation provider. 
A. For a cQunty: 
(1) With a population of at least 200,000 residents or geographic area larger than 
3,009 square miles, the bureau may license a maximum of 4. retail marijuana 
stores; 
(2) With a population of fewer than 200,000 residents but at least 150,000 
residents, the bureau may iicense a maxh~um Of 3 retail marijuana stores; and 
(3) With a population of fewer than 150,OQO residents, the bureau may license a 
maximum of2 retail marijuana stores. 
COMMITTEE AMENDMENT 
.&-'2' 
~~ 
COMMITTEE AMENDMENT ,,~ .. to H.P. 935, L.n. 1380 
B. The bureal! ~hall issue li~ense~ for retail mariiuana stores i.n different areas of a 
county to ensure geograp~i<:: tlccess. A registered disl2§..nsary licensed under Title 22, 
chapter 558-C does not count toward the limits imposed by this subsection unless a 
retail marijuana stor~ is located within t~e registered dispens!!ci~ . 
. 
C. Notwithstanding the limits imposed unger par~graph A, after January 1, 2018, if 
the bureau determines that sufficient demand exists, it may ligense one or more 
a~ditionalretail marijuana stQres ineachcQl.l11ty.'·· 
. . '. 
. 
Amend the bill in Part I) in sectIon 1 in §2603 in sl.Jbsection 9 in the 2nd line from the 
end (page 17, line 16 in L.D.) by striking out the following: "licensure process for a qer" 
and inserting the following: 'tiv,ent of a tie getween 2 equally qualifi¥9 applicants for a 
license in a particular tier,' 
Amend the bill in Part D in section 1 in § 2603 in subsection lOin paragraph B in the 
first line (page 17, line 25 in L.O.) by striking out the following: "have lived" and 
inserting the following: 'h~ve been a resident' 
Amend the bill in Part D in section 1 in §2603 in su\:>section 11 in th~ first paragraph 
in the 6th line (page 18, line 3 in L.D.) by inserting at the end the following: 'A marijuana 
establishment that is a registered dispensary under Title 22, chapter 558-C may continue 
tqserveits g~alifying.I>atients.' 
. 
Amend the bill in Part D in section 1 in §2603 in subsection 11 in the first blocked 
paragraph in the 4th line (page 18, line 7 in L.D.) by inserting after the following: 
"paragraphs A to E" the following: 
'if the property is located in a municipality, 
unorganized 12lace ()r plantation thftt has approved the o12eratiQn of the type of mariiuan~ 
establishment or the operatiQn of a marijuana transportation proviger pursuant to section 
2604'" 
.... 
. 
... 
'. 
... 
.... 
Amend the bill in Part D in section 1 in §2603 in subsection 11 in paragraph A in 
subparagraph (3) in the first line (page 18, line 14 in L.p.) by striking out the following: 
"marijuana and" 
Amend the bill in Part D in section 1 in §2603 in su,Jsection 11 in paragraph C in 
subparagraph (3) in the first line (page 18, line 29 in L.D.) by striking out the following: 
"marijuana and" 
Amend the bill in Part D in section 1 in §2603 in subsection 13 in pl;lragraph F in the 
last line (page 20, line 6 in L.P.) \:>y striking Ol.Jt the following: "subsection 10" and 
inserting the following: 'subsection II' 
Amend the bill in Part D in section 1 in §2603 by striking out all of subsections 14 to 
(page 20, lines 7 to 41 and page 21, lines 1 to 41 in L.D.) and inserting the following: 
'14. Requirements for the operation of a retail marijuana store. The follQwing 
requirem~~ts appiy to the operation of a retail marijuana store. 
' 
A. Prior to making a sale of marijuana or a marijuana product, a retail marijuana 
store shall verify the a.ge of every person making the purchase by checking a 
gove:tpp:1ent-issued phot.Qgraphic identific~tion card. 
B. A retail marijuana store may not: 
COMMITTEE AMENDMENT 
~S 
~D 
COMMITTEE AMENT)MENT'~" to H.P. 935, 1.T). 1380 
DUell marijuana to an. intoxicated ingivigmd as defined in section 2503, 
subsection 1; 
(~ell marijuana to a person whg does not qualify as a consumer except that a 
marijuana establishment that is also a primary caregiver or a dispensary may 
serve an underage person who is~ qualifying patient under Title 22, chapter 
558-C; 
, 
. 
(3) Allow an underage person to enter or remain on the premises of the retail 
marijuana store unless the \!ngerage person is an employee gf the Qureau, a law 
enforcement officer, a firefighter, an emergency medical technician or other 
emergellcy services worker in th~ pyrfonnance of that person's offici,al duties or a 
contractor performing work on the premises that is not directly related to 
marijuana, such as installing or maintaining security devices or electrical wiring; 
(4) Sell marijuana or mariiuana products between the hours of 1 a.m. and 6 a.m.; 
" 
. 
;.. 
" 
. , ' .  
(5) Offer any free merchandise, rebates or gifts to a consumer; 
(6) Sell marijuana Qr marij~ana prqducts at retail except on the premises that are 
licensed by the bureau; or 
(7) 
Either directly or indirectly, by any agent or employee, travel from 
municipality or unorganized territQty to municipality or unQrg~ni~ed territory, Qr 
from place to place within the same municipaFty 9r unQrg~nized territpry, 
selling, bartering or carrying for sale or exposing for sale marijuana or a 
marijuana prQduct. 
. 
C. 
If a marijuana retail store also sells marihlana as a registered dispensary in 
accordance wiFh Title 22, chapter 558-C, the licensee shall maintain a separate 
aC,countipg method to distingu,ish between medisal mariiyana sales and adult use 
nmtijuana sales for purnoses of imposing, collecting and remitting the appropriate 
amount of sales tax. 
15. Requirements for the operation of a marijuana product manufacturing 
facility. A m~rijuana product manufactm.ing facility shall operate in compliance with 
this chapter and any rules adopted by the . bureau, the Department of Agriculture, 
Conservation and Forestry and the Department of Health and Human Services, as 
applicable to the form of mariju~na . used in the 12roduction process and the type of 
marijuana product that is produced at the marijuana product manufacturing facility. The 
bureaushall regulate marijuana product manufacturing facilities, including permitting the 
production of solvent-Qased marijuana concentrate as set forth in subsection 18. 
A 
marijuana product mamlfacturing facility may not selltnarijuana or marijuana products to 
QQ.nsumers actil1g pursuant to Title 22, chapter 558-D, tQpatients acting pursuant to Title 
22, chapter 558-C or to primary caregivers or registered dispensaries acting pursuant to 
Titly 22, chapte! 558-C. 
16. 
Requirements for the operation of commercial marijuana cultivation 
facilities. A cornmercial1l}arijuana cultivati,Qn facility mu~t ~Qmply wi~h tpe followW.z 
operational reqyirements. The bureau shall inspect commercial marijuana cultivation 
facilities to ensure compliance with state law and rules. 
The bureau shall regulate 
COMMITTEE AMENDMENT 
J'~ 
- o'Y2 
~3 
(COMMITTEE AMENDMENT ,,~, to H.P. 935, L.O. 1380 
commercial marijuana cultivation facilities, including inspecting commercial marijuana 
cultivati'onfacilities, r~g111ating 'the y~ 
pesticide~, prqtecting inarijuana from diversion 
pursuant to paragraph A and ensuring bestpract.ices for cultivation of crops. 
A. A commercial marijyana cllltivatign f~cility shall adopt practices and t~ke all 
necessary precautigns to: 
(1) Preyent marijualla from being diverted from legal cultivation, manufachm(l 
processing, transport and yse in this State to another state; and 
(2) Prevent marijuana from being diverted to a use or distribution that is not 
allowed by this chapter 91' Title 22, chapter 558-D. 
B. A corpmercial marijuana cultivation faci~ity may not cultivate or sell marijuan(! 
derived from genetic~lly modifieg seeds. 
C. /\. commercial marijuana cultivati911 facility must be accessible at any time for 
inspectign by the bureau. 
0: A cQmmrrcial marijual1a cultivation facility may nQt sell marijuana or marijva~ 
products to CQnsumers acting pursuant tQ Title 22, chapter 5?87]), to patients acting 
pursuant to Title 22, chapter 558-D or to primary caregivers or registered dispensaries 
pursy:ant to Title 22, chapter 558-0. 
E. The commercial marijuana cultivatiqn facility shall assign a patch number or 
numbers for cyltivated marijuana that identifies the plant or plants from which the 
marijuana was harvested.' 
Amend the bill in Part 0 in section 1 in §2603 in subsection 20 in paragraph A in the 
last line (page 23, line 27 in L.O.) by inserting after the following: 
"succe§sgr 
organization" the following: ',including standard 17025:2005, t~1e general requirements 
for the competence of testing and, calibration laboratories, as it may be amended" or a 
successor standard' 
Amend the bill in Part 0 in section 1 in §2603 by renumbering any nonconsecutive 
subsection number to read consecutively. 
Amend the bill in Part 0 in section 1 by striking out all of §2604 (page 23, lines 38 
and 39 and page 24, lines 1 to 22 in L.D.) and inserting the fol1owing: 
'§2624. Local approval required 
, 
. 
A municipality, the count' commissioners of an unorganized place 9r a plantation 
• 
, 
• 
•. 
i 
• 
, 
may allow the operation of any type of marijuana establishment or the operation of a 
marijuana transPQrtation provider within the Qoundaries of the municipality, unorganized 
place or plantation and may limit the number qf marijuana establishme~tsand marijuana 
transportationprQviders as provided in this sectiol}.. The burea,\l may 110t ligen,se any t~ 
of Imlrijuana establishment or marijuana transportation provider unless the operation of 
that type of mariju,ana establishment 0,1' the opera~ion Qf a marijuana transpoliation 
provider has been approved within the municipality, unorganized place or plantatiQn and 
the number licensed is less than the li~it set by the municipality~ unQrganized place or 
plantation. 
COMMITTEE AMENDMENT 
L 
,,,~I") 
.\) 
~, 3 
COMMITTEE AMENOMENT ,4 "to H.P. 935, L.I). 1380 
L A.JW!.oval in a municipality. Pursuant t9 Title 30-A, se~tion 3991,a municipality 
may approve the operation of any type of marijuana establishment or the operation of a 
marijuana transportation provider by a vote of the municipal officers Qrby a referendum 
of the voters of the municipality after public notice has been given and a public hearing 
has been held. The municipal officers shall within 5 business days of a vote taken 
pursuant to this subsection notify the bureau of the results of the vote. 
2., Apl>,r9va1,in an ~norga~izellplace. Pursuant to Title 30~A, se£tion l02-A, the 
county commissioners may, on behalf Qf an unorgal1i~edplace">'-yote to approve or hold a 
referendum at which the voters of the unorganized place may approve the operation of 
any. type of marijuana establishment or the operation of a marijuana transportation 
provider afterpupli~ notice has Qee~ given and a public hearing has been held .. The 
county co~issioners~hall within' .5 business days of a v~te taken pursuant to this 
subsection n'o.tify 'the bllre~u of the resldts ~qhe vote. 
. 
. . 
' 
. 
'. 
.' 
3. A,pproval in apl~nta~ion. Pu;rsu8;nt t() ,Title 30-A, syctipn 7051.\_~ . .p.lru¥ation n~y 
approve the operation of any type of marijuana establishment or the operation of a 
llmrijuana transportatiQn pro viger by a vote of the assessors of the nlantation or a 
referendllm Qf the voters of the IJlantation after PVblic notice has been given and a public 
hearing 1;tas been held,. The assessQrs of a p,l~ntati()n shall ~ithin 5 business days qf a vote 
taken pursuant to this subsection notify the !:>ureau of the results of the vote. 
Th,e bureau shall maintain a list of votes helc!under subsectiQns 1, 2 and 3 and the 
results of the vQtes and make the list available to the public for inspection.' 
Amend the bill in Part D in section 1 in §2606 by striking Qut all of the first indented 
paragraph (page 25, lines 9 to 16 in L.V.) and in~ertirig the following: 
'Notwithstanding the provisions of this chapter regylating mariJuana, a scientific or 
megical re~earcher who is cQn~ucting yalid scientific 9r medical res,earch that has been 
approved b¥ an institutional review board of an accrediteg laboratory or institution of 
higher education may purcllase, possess and, securely store marijuana and marijuaria 
IJroducts for the purposes of conducting research. A scientific or medical researcher may 
administer and distribute marijuana and marijuana products to a participant in research 
who is at least 21 years of age and who has signed and prQvidect' to the researcher a 
written form indicating that the participant has b~en fully informed of the possible results 
of participating it). the re~earch 12roje~t a~d f~eely consents to participate.' .. 
, 
Amend the bill in Part D in section 1 by striking out all of §2608 (page 25, lines 34 to 
and page 26, lines I to 11 in L.D,) and inserting the following: 
'§2608. Marijuana Research Fund established 
The Marijuana Research Fund, referred to in this section as "the fund," is established 
in and administered by the Department of Administrative and Financial Services as an 
Other Special Revenue Funds account. Balances i~the fund may not lapse and must b~ 
carried forwarg to t~e next fiscal year. 
. 
L Sources of fund. The State Controller shall credit to the fund: 
'. 
,.. 
". 
; 
A. Any money contributed v()lul1tarily to the fund; and 
B. Interest earned or other investment income on balances in the fund. 
COMMITTEE AMENDMENT 
,~;p 
'i~.t)~ 2 
l3 
COMMITTEE AMENDMENT·A "to H.P. 935, L.D. \380 
2. Uses of th,e fund. All money depositxd in the fund and the earnings on t,hat 
money remain in the fung to be used to provide grants for the pUfQose of prod,ucing peer-
reviewed re~earch on marijuana'sbeneficial uses ~nd safety. Money in the fund may also 
be used for the necessary aqministrative and personnel costs associated with the 
management of the furd but may not be deposited in the General Fund or any other fund 
except as specifically provided by law.' 
Amend the bill in Part D in section 1 in §26Q9 in subsection 1 in paragraph A in the 
last line (page 26, line 19 in L.D.) by striking out the following: "G" and inserting the 
following: 'E' 
Amend the bill in Part D in section 1 in §2612 by striking out all of subsection 3 
(page 28, lines 1 and 2 in L.D.) and inserting the following: 
'3. 
p:ro;U~~9nal licensil,lg al,ld preferenses in licensing. The provisiol}al lic,msi,ug 
for dispensaries licensed under Title 22, chapter 558-C required by section 2603, 
subsection 3 ansi' the' m'efere~ces i~ the licensure process required by secti~n 2603, 
subsection 6;' 
Amend the oill in Part D in section 1 by inserting at the end the following: 
'§26.14. Local option marijual,la sales tax 
A municil?ali!y, an unQrganized plaqe or a plantation, in accordance with Title 36, 
section 1811 ~C,. m~y vote to approve the imposition of a local 9P~ion ~arij)lana sales tax 
of up to 2 % on sales of marijuana and marijuana prOQucts from a retail marijuana store to 
a cQnsumer. 
1. Appr0:Y!,l in a muni~iual~ty. Pl.lrsuant to Title 3.o-A, se~Jiqn 3.991, a municiQality 
may apprQve the imposition of a local option marijuana sales tax of up to 2% by a vote of 
the municipal officers or a referendum of the voters of the municipality after public notice 
has been given and, a public hearing has been held. The municipal officers shall within 5 
business days of a \(Ote taken pursuant to this subsection notify the bureau of the results 
of the vote:' 
. . 
. 
.. . 
.' 
, , 
. 
2. Approval in an unorganized Qlace. 
Purs~ant to Tit1e 3Q-A, section 1 q2-A, the 
county commissioners may, on behalf of an ynqrganized place, vote to approve or hold a 
referendum at which the voters of an unorganized place may approve the imposition of a 
local option marijuana sales tax of UR' to 2% after public notice has been given and a 
public hearing has been heIst. The cQunty commissioners shall withip. 5 business days of 
a vote taken pursuant to this subsectiQn notify the bureau of the results of the vote. 
3. Approv!ll in a pl~ntatio,~. ~ursu~nt to Title 3,O-A, secti?n 7Q51, a plantatiQ!Lmay 
fWProve the imposition of a local option marijUl:lllll salys tax of up to 2% by a vote of th~ 
assessors of th~ plantation or a ref~rendum Qf the vo~ers of the plantation after public 
notice has been given and a public hearing has been held. The assessors of a plantation 
shall within 5 bysiness days of ~ vote'RUl-SUant to this subsection notify the bureau of the 
r~s)llts of the vote. 
. 
. 
The bureau shall maintain a list of votes held under subsections 1, 2 and 3 and the 
results of the votes and m~ke the list available to the public for inst?ection.' 
Amend the bill in Part D by striking out all of section 2 and inserting the following: 
COMMITTEE AMENDMENT 
.... --) 
.. O'\: <I 
~ 
.. 
COMMITTEE AMENDMENT"P" to H.P. 935, {,.D. 1380 
'Sec. D-2. 30-A MRSA §102-A is enacted to read: 
§102-A. 
Marijuana establishments and marijuana 
tr~niwortation p~oviders 
approval; local sales tax 
Pursyant to Title 28-A, section 2604, the county commissioners may vote or holda 
referendum at which the residents of an unorganized place vote on whether to approve the 
operation of any type of marijuana establishment or the operation of a marijuana 
transportation provider and whether to set a limit on the operation of a ~ 
mat;ijuana 
establishment or the operation of a marijuana transportation provider in the unorganized 
place after public notice has been given and a public hearil1g has been held. 
Pursuant to Title 28-A, section 2614, the county commissioners may vote or hold a 
referendum at which the residents of an unorganized place vote on whether to impose a 
lQca,l option marijuana sales tax of up to 2% on sales ofmarijual1a and ~ariiuana products 
from a retail marijuana store to a consumer within the ~morganized place after pyblic 
notice has bee~ given and a publjc hearil1g has been held. 
. 
Sec. ])-3. 30-A MRSA c. 183, slJb-c. 9 is enacted to read: 
SUBCHAPTER 9 
MARIJUANA ESTABLISHMENTS AND MARIJUANA 
TRANSPORT ATION PROVIDERS 
§3991. Marijuana establishmen,ts and marijuana transportation provid~rs 
Pursuant to its home rule authority and fQr the purpose Qfprotecting the safety, health 
and welfare of the general public. a municipality, by a vote of the municipal officers or a 
referendum of the voters Qf the ml,micipality, after public nQtice has be~n given and a 
public hearing has been held, may: 
1. Approval of operation. Determine whether to approve the operatiQn within the 
municipality of any type of marij,uana establishment or the operation Qf a marijuana 
transportation Qrovider; or 
2. Imposition of local sales tax. Determine whether to impose a sales tax Qf up to 
2% on sales or'marijuana and marijuana products 'from a ret~il mariju~na· store to· a 
consumer. 
Sec. D-4. 30-A MRSA §7051, sub-§10, as amended by PL 2007, c. 35, §2, is 
further amended to read: 
10. Tax base sharing. Chapter 223, subchapter 5; aad 
Sec. 0-5. 30-A MRSA §7051, sub-§l1, as enacted by PL 2007, c. 35, §3, is 
amended to read: 
11. Animal control ordinances. Chapter 141, but only with respect to animal 
control ordinances and subject to Title 7, section 3950.; and 
Sec. D-6. 30-A MRSA §7051, sub-§12 is enacted to read: 
COMMITTEE AMENDMENT 
'XS 1 
~_O 
COMMITTEE AMENDMENT ,4" to H.P. 935, L.O. 1380 
g. Economic r~gulation. Ch~l?ter 18~, subcq~pter 9. 
Sec. D-7. Rulemaking. By January 31, 2018, the Department of Administrative 
and Financial Services, Bureau of AlcoholiC( Beverages and Lottery Operations shall 
adopt major substantive rules, as defined in the Maine Revised Statutes, Titly 5, chapter 
375, subchapter 2-A, for thy administration and the enforcement of laws regulating and 
licensing marijuana establishments and mariJl,lana transportation providers pursuant to 
Title 28-A, chapter 111. The nIles must be developed by the bureau and may not be 
contractyd out to an entity outside the bureal.1. The rules, exoept as required by Title 
28-A, section 2604, may not prohibit the operation of marijuana establishmynts and 
marijl,lana transportation providers, yither expressly or through restrictions that make tlw 
operation of marijuana establishments 
and 
marijuana transportation 
providers 
unreasonably impracticable. As used in this section, "unreasonably impracticable" means 
that the measures necessary to comply with the rules ryquire such a high investmynt of 
risk, mon(,!y, time or other resourc,e ()r asset that the operation of a marijuana 
establishment or a marijuana transportation proviqt;'lr is not worthy of being qarried out in 
practice by a reasonably p1l.ldent l:msinesspersqn. Notwithstanding the limits on retail 
marijuana stores specified in Title 28-A, section 2603, subseqtiQn 9, until the initial rules 
of the bUreal.l have been reviewed by the Legislature, the bureau may issue one license 
per municipality, but must issue qne per municipality if a q\lalified application is received 
from an applicant to locate in a municipality, unorganized place or plantation that has 
approved the operation of that type of marijuana establishment or the operation of a 
marijuana transportation provider. 
Rules adopted pursuant to this section may not 
prohibit a municipality from limiting the number of each type of licensee that may 
operate in the municipality or from enacting reasonable regl.Jlations applicable to 
licensees.' 
Amend the bill in Part E by striking out all of section 5. 
Amend the bill in Part F in section 4 in §2176 in subsection 1 in paragraph A in 
subparagraph (1) in the 3rd line (page 34, line 39 in L.D.) by striking O\lt the following: 
"marijuana producet" and inserting the following: 'marijuana product' 
Amend the bill in Part F in seotion 4 in §2176 in subsection 1 in paragraph B in tht;'l 
4th line (page 35, line 10 in L.D.) by striking out the following: "commerical marijuana" 
and inserting tpe following: 'commercial marijuana' 
Amend the bill in Part F in section 4 in §2176 by striking out all of subsection 3 
(page 36, lines 34 to 38 and page 37, lines 1 to 31 in L.D.) and inserting the following: 
'3. Labeling requirements. All marijuana and marijuana products sold, transferred 
or otherwise pl:ovideg to a consumer must be in a co~talner that is labele~ with all 
required informati()n. 
A. Labeling text on a container may not make any false or misleading statements 
regarding health or physical benefits tg the consumer, must ,be no slTmller than 1116 
inch, must be unobstructed ang conspicuous and must be clearly written or printed in 
the E!lgJish lan~ 
B. 
A marijuana establishmt;'lnt may affix multiple labels to a container if the 
information required by these rules is not obstructed. 
COMMITTEE AMENDMENT 
''''~ '1' 
,~"l,,' 2 
COMMITIEE AMENDMENT'~ .. to H.P. 935, L.D. 1380 
C. The minimum print size is 1116 inch. The size of tile characters in the net weight 
statement is determined by the area of the principal display panel, and may be greater 
than 1116 inch. 
, , '  
D. 
The label must at a minimum list the cannabidiol and THC content of the 
marijuana or marijuana product, which must be verified by a licensed marijuana 
testing facility. 
E. For marijuana, the label must contain a list of ingredients, including all chemical 
additives, including but not limited to nonorganic' pesticides, herbicides 'and 
fertilizers, that were used in thecgltjvation and production of the marijuana or 
marijuana product. 
F. For marijuana, the label must list the batch number or numbers assigned by the 
commercial marijuana cultivation facility to the marijuana plant or plants from which 
the marijllana within the container was harvested; and, for marijuana products, the 
label myst contain a complete list of solvents and chemicals used in the creation of 
any marijyana concentrate. 
G. For marfuillna, the label must list the license number of the commercial marijuana 
cultiv'!ti9n fac.mty where the marijuana was grown. Fpr marijuana products, the label 
must list the license number of the marijuan~ product man~facturing facility. For 
marijuana and marijuflna products, the label must list the name and license number of 
the retail marijuana stQre where the items will be sold. 
H. 
F9r marijuana and marijuana products, the label must include the following 
statem,ent: "This product contains marijuana. There may be health risks associated 
with the consumption of the product." A lab~l may refer the pyrchaser to online 
information for additional product information. 
' 
1. For a marijuana product, the label must include a list of ingredients, the product 
identity and a net weight statement. 
J. If nutritional claims are made on the label of any marijuanEl product, the label must 
contain a nutrition facts panel.' 
Amend the bill by inserting after Part I the following: 
'PAR.T J 
Sec. J-l. 15 MRS A §3103, sub-§I, ,G, as repealed and replaced by PL 2003, c. 
688, Pt. A, § 12, is amended to read: 
G. A violation of section 393, subsection 1, paragraph C or section 393, subsection 
I-A; and 
Sec. J-2. 15 MRSA §3103, sub-§I, ,H, as amended by PL 2005, c. 328, §5, is 
further amended to read: 
H. If a juvenile has been convicted of a crime for a violation of a provision of Title 
or 29-A not specifically included in paragraph E or F, willful refusal to pay a 
resulting fine or willful violation of the terms of a resulting administrative release or 
willful failure to comply with the terms of any other resulting court orqer,; and 
COMMITTEE AMENDMENT 
~'S 
~O 
COMMITTEE AMENDMENT ,,~ .. to RP. 935, L.O. 1380 
Sec. J-3. 15 MRSA §3103, sub-§I, ~ is enacted to rea~: 
1. A violation of Title 22, section 2430-G by a perSQn unger 18 years of age. 
Sec. J-4. 15 MRSA §3103, sub-§2, as amende~ by PL 2007, c. 96, §1, is f\lrther 
amended to rea<;l: 
2. Dispositional powers. All of the dispositional powers of the Juvenile Court 
provided in section 3314 apply to a juvenile who is adjudicated to have committed a 
juvenile crime, except that no commitment to a Department of Corrections juvenile 
correctional facility or period of confinement may be imposed for conduct described in 
subsection 1, paragraphs B arulJ. C and 1. 
PARTK 
Sec. K-l. 36 MRSA §§1811-C and 1811-D are enacted to read: 
§I811-C. Local option marijuana sales tax 
A municipality, an unorganized place or a plantation. may vote, ,a~ provided in 
subsecti9n 11 and Title 28-A, section 2614, tQ approve the impQsi~ion of a lQcal sales tax 
of up to 2% on sales of rrarijuana and marijyana products frOm a retail marijuana store to 
it consumer, except that a tax may not be imposed on sales from a registered dispensary 
or registereg primary caregivers to Ql!alifying patients and primary c~reg~verspursuant to 
T~t1e 22, chapter 558-C. 
1. 
Defin~ti2ns. As used in th~s section, unless the context otherwise ilJdicates, the 
f~1l9wing terms have the following meaning§". 
A. 
"Participating municipality" means a municipality, unorganizecJ place or 
plantation that has imposed a lQcal option marijuana sales tax pursuant to t,his secti,on. 
B. 
"Retail marijuana store" has the same meaning as in Title 28, s(jction 2601, 
subsectio.nJQ,. 
2. Authorization to impose local option marijuana sales tax. A municipality, 
unorganized place or plantatiQn by referendum conducted pursu~nt to subsection i 1 may 
impose'~ local option marijuana sales tax of no mor~ than 2% on sales or'marijuana and 
marijuana products from retail marijuana stores. 
3. 
Notify assessor. 
A participating mUl1icipality that impQses a local 9ption 
marijuana sales tax under this sectiQn shall notify the assessor at least 90 days before the 
local option 111arijuana sales tax is effective. 
4. Administration. Retail marijuana stores in a participating municipality sh~ll 
transfer the revenue from the IQcal option marijuana sales tax at the time· and in the 
manner pro vi sled in section 1951 .. A for the transfer of state sales tax revenue. The tax is 
subject to the same enforcement provisions, interest, penalties anQadministrative actions 
as other taxes assessed under this Part. 
-:7""...,......,....... 
.. 
. 
5. Adding tax to sale price. A retail marijuana store shall add the sales tax imposed 
pursuant to this section; or the average equivaient of tp.at tax, to tlfe 'sal~ price of 
marijuana and marijuana products except as exempt under this subsection. When added, 
COMMITTEE AMENDMENT 
-s 
o~ 
\¢-
COMMITTEE AMENDMENT ,It .. to H.P. 935, L.D. 1380 
the sales tax cQnstitutes, part of the price" is a 4~bt from the purchaser to the retail 
marijuana store until paiel an4 is recoveral;>le at law in the same manner !!.S the sale price. 
When the sale price involves a fraction of a dollar, the tax must be added to the sale price 
according t() the formula provided in section 1812. 
' 
6. Pal'ment regui~ed. A retaiJ marijuana stqre sh,~ll file, on or befot~Jhe la~t day of 
each mgnth, a return on a form prescribed and furl)ished by the assessor together with 
payment of the tax due under this section. The return must report all sales of marijuana 
and marijuana products subject to th~ tax. A ~etai1 m~rijuana store shall keep a complete 
and accurate record at its principal place of business to substantiate all receipts and sales 
as required to cgrnply with its Qbligatio'nsunder this section and Title 28-A, chapter 111. 
7. PenaJties~ The follgwing pena~ties apply t() violations pf this sectig,U,. 
A. A retail marijuana store and a person who is responsible for the operation of a 
retail marijuana store who violates a prqvision of this section commits a Class E 
crime. 
B. A retail marijuana store and a person who is responsible for the operation of a 
retail marijuana store whg violates paragraph A and wIN. at the time of the offense, 
has one or more prior cO!lvictions for a v,ioiation of this section cQmmits a Class D 
crime. 
Title 17-A, section 9-A governs' the u,se of prior convictions when 
determining a sentence. 
" 
8. Distribution of revenue. Each month, the assessor shall identify the amount of 
revenue' attributable t~ ea9h municipality, ~norganized place' or plantation u~er this 
section, shall subtract 2% of total revenue f9r the costs of administering this section and 
shllU' certify the, amount due to each municipality, unorganized place or plantation to the 
Treasur~r of State. The Treasurer of Stat~ shall mal~e monthly payments in acc~rdance 
with the ceilificati9n of the as~essor. 
" '. 
" ..' 
,,' 
, 
9. 
Use of revenue by participating muni£!I!.aliry. 
The revenue raised by the 
imposition of a local opti~n marij;';=ana salS's tax ~nder this segtion must be held by the 
participating municipality in a spec,ial revenue, account establi~h~d for that pumose. 
Revenue from that accQunt may !?e expended only if specifically authorized by an 
appropriation, of the localleg~slative body. 
19. 
Effe~t on revenu~ sha;ri~g and 9ther state aig pr~grams. Revenue recei'Ulli 
by the ,State pursuant to sUQsecti9n 6 may not 9,e,considered to be receipts from the taxes 
imposed under this Part for the purpose of transfers to the Local Government Fund under 
Title 30-A, section 5681. Revenue received pursuant to subsection 6 may not be used to 
reduce or eliminate any funding otherwise' due t~e county or partiwatitw muniCipality 
un4er any provision of law providing aid to the cOl1nty or participating municipality, 
including, but ngt limited t(), aid for schools, road§, public a~sistance or jails. 
II,. Referendum., The guestiQn of whether to impose a 19cal opllQr marijuan,a sales 
tax must l;>e submitted to the legal voters of a mlmicipality, unorganized place or 
plantation that seeks tQ impose the local option marijuana sales tax. The petition process 
in an1UniCipality subject to the provisions ofTitl~ 30-k chapter 121 and votingmustbe 
held and conducted in accordance with Title 30~A, sections 2528, 2529 and 2532 even if 
the municipality has 110t accepted the provisions of Title 30-A, section 2528. The voting 
at elections must be held and conducted in accordance with Title 21-A. The offiCial 
COMMITTEE AMENDMENT 
~~> 
~ 
COMMfITEE AMENDMENT"~ "", H.P. 935, L.O. 1380 
responsible for c~mducting the election shall prepare the required ballots, which must 
contain substantially the following question: 
"Do you favor a local option marihmna sales tax of up to 2% t9 Qe imposed by 
............................... H' [inse'rt name of municipality, unorganized place or plantationJr 
The voters shall ingicate by a cross Qr check mark placed against t~e word, "Yes" or "No" 
their opinion of the same. The official responsible for cgnducting the referendum shall 
make a retul11' of the re~ults, ce~tify the results and send them to the Secretary of State. 
The Secretary of State shall forward the results to the assessor. 
The local 9ption marijuana sales tax may be discontinued by referendum conducted in the 
same manner as the referendum adopting the local option marijuana Sales tax under this 
section...! 
12. ~ffective date of local option marijuana sales tax; ac~eptanfe by voters. The 
local option marijyana sqles tax authorized ~y this section takes effect 120 days after the 
referendum vote ynder sllQsection 11 if it is accepted by a majority of the legal voters 
voting at the election and t11e total nU,mber of votes cast, equals Qr exceeds 20% of the 
total number pf votes cast in tllat jurisdiction in the most recent gubernatorial election. 
§1811-D. Additional sales tax on marijuana and marijuana products 
. 
, 
An additional tax in the amount 9.f 10% is im~ on the retail sale of marijuana and 
marijuana prQ\Wcts fr0In a retail marijuana stgre t9 a cQnsymer exceI/t that a tax may not 
be irnP9~edc on sales from .a registered dispensary or register~d primary caregivers to 
qualifying patients and primary caregivers pursuant to Title 22, chapter 558-C. For the 
pU!'Pos~s of this section, "retail marijuana store'" has the same meaning as in Title 28, 
section 2601, subsection 10. 
1. Adding additional tax to sale price. A retail marijuana store shall add the 
additional sales tax imP9sed pursuan,t t9 this s~ction, or the 'ave~flge eql~ivalent of that tax, 
to the sale price of marijuana and marijuana products except as exempt under this 
subsection. Whenaddeq, the sales tax constitutes part of the price, i~ a debt from the 
purchaser to the retail marijuana store until p,aid and is recoverable at law in the same 
manner as the sale price. When the sale price involves a fraction Qf a dollar, the tax must 
be adcied tothe sale price according to the formula provided insectiol1 1812. 
' . 
2. payment reguired. A retail marijuana stQre shall file, o!l or be for\'( the last day of 
each month, a return on a form prescribed and furnished by-the assessor together with 
p1!Y..,ment of the additiQnal sales tax due under this section. The return m\!st report all 
sales of marijuana and marijuana nroducts subject to the additional sales tax. A retail 
marijuana store shall keep a comnlete and accurate record at its principal nlace of 
business to substantiate all receipts and sales as required to comply with its obligations 
under this section a~d Title 28-A, ch,apter 111. 
' 
3. Penalties. The followingQemllties apply to violations of this section. 
A. A retail marijuana store and a person who is responsible for the operation of a 
retail marijuana store who violates a 'provision of this sectioncol11111its a Cl£lss E 
crime. 
COMMITTEE AMENDMENT 
~ ":; 
<:;.0 
-,;" 
COMMITTEE AMENDMENT" P " 
to H.P. 935, L.a. 1380 
B. A retail marijuana store ang a person who is responsiQle fm- the operation of a 
retail marijuana store who violates paragraph A and who, at the time of the offense, 
has one or more prior convictions for a violation of this section commits a Class D 
crime. 
Title 17 -A, section 9-A governs the use 9f pri~r convictions when 
determining a sente.ttce.' 
. . 
Amend the bill by relettering or renumbering any nonconsvcutive Part letter or 
section m)mber to read consecutively. 
SUMMARY 
This amendment is the minority committee amendment to the bill. It retains the 
structure of the bill that legalizes personal use of marijuana by adults 21 years of age and 
older, that establishes a system of regulation of marijuana establishments and marijuana 
transportation providers within the Department of Administrative and Financial Services, 
Bureau of Alcoholic Beverages and Lottery Operations and that imposes a tax of 10% on 
retail sales of marijuana and marijuana products. The amendment does the following. 
1. It amends taxation provisions in the bill to provide the structure for the payment of 
taxes and administration by the Bureau of Revenue Services. 
2. It corrects the confusing use of the tenn "minor" in the bill, which was intended to 
cover persons through 20 years of age, by referring to persons too young to be allowed 
personal use of marijuana as "underage persons." 
3. It provides maximum penalties for underage persons with respect to the purchase, 
cQnsumption and possession of marijuana and with respect to other prohibited acts related 
to marijuana. It allows a judge to assign an underage person to perfonn specified work 
for a public entity or charitable institution as an alternative to these penalties. 
4. In the provisions on possession of marijuana it reduces from 6 to 3 the number of 
marijuana seedlings that a person may transfer to another person, clarifies that the limit of 
plants applies to all plants and requires that the reasonable precautions that must be 
taken to keep marijuana plants from underage persons apply to storing and securing 
marijuana. 
5. It amends the provision prohibiting marijuana sales from vending machines by 
allowing sales from vending machines inside a retail marijuana store. 
6. 
It amends the provisions on applications for marijuana establishments and 
marijuana transportation providers to comply with the requirement that the location of the 
business be a municipality, unorganized place or plantation that has voted to allow such 
businesses and provides the option of that jurisdiction to limit the number of businesses. 
7. It amends the provisions on operation of a retail marijuana store, a marijuana 
product manufacturing facility and a commercial marijuana cultivation facility. 
8. The amendment makes technical editing and typographic corrections in the bill. 
9. 
It amends the bill's labeling requirements for retail sales of marijuana and 
marijuana products. 
COMMITTEE AMENDMENT 
~s 
~O 
__ _ 
COMMITIEE AMENDMENT ~ 
.. to H.P. 935, L.D. 1380 
10. It allows municipalities, unorganized places and plantations to impose a local 
marijuana sales tax of up to 2%. 
11. It changes from 15% to 5% the excise tax imposed in the bill on marijuana that is 
sold or transferred from a commercial marijuana cultivation facility. 
12. It clarifies that the 10% sales tax on the retail sale of marijuana is in addition to 
the regular state sales tax. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/17/15 
~aC';.. 
LD 1380 
LR 10(02) 
An Act To Legalize, Tax and Regulate Marijuana 
~ 1 
Fiscal Note for Bill as Amended by Committee Amendment'~ (}/-/f I) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Contingent current biennium cost increase - General Fund 
Contingent current biennium revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Eliminates Class D crimes, Class E crimes and civil violations. 
Establishes new Class D crimes, Class E crimes and civil violations. 
The net impact on General Fund fine revenue can not be estimated at this time. 
Referendum Costs 
MonthlY ear 
Election Type 
Question 
Length 
Nov-IS 
General 
Referendum 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size of the referendum questions requires production and delivery of a second 
ballot, an additional appropriation of $1 07,250 may be required. 
Fiscal Detail and Notes 
If this legislation is approved by the voters, General Fund revenue would increase by $2,185,500 in fiscal year 2015-
and $5,463,750 in fiscal year 2016-17 and Local Government Fund revenue would increase by $93,000 in fiscal 
year 2015-16 and $232,500 in fiscal year 2016-17. The Department of Administrative and Financial Services would 
require a General Fund appropriation of $222,904 in fiscal year 2015-16 and $292,266 in fiscal year 2016-17 for one 
Tax Examiner positon and 2 Revenue Agent positions and related computer programming and administrative costs to 
implement and administer the new excise tax and audit the increased number of facilities and retailers. The 
Regulation and Enforcement program within the Department of Labor will also require General Fund appropriations 
of $56,731 in fiscal year 2015-16 and $75,187 in fiscal year 2016-17 for one Labor/Safety Inspector position and 
related all other costs associated with an increase in enforcement activity. 
The legislation also establishes a process for a municipality to hold a referendum to vote for an imposition of a local 
sales tax of2%. The tax collected would be remitted to the municipalities. Since it is unknown if, or how many, 
municipalities would elect to enact this tax, an estimate of the revenue has not been made. 
LROOJ 0(02) - Fiscal Note - Page J of2 
The legislation provides that an estimated $46,500 in fiscal year 2015-16 and $116,250 in fiscal year 2016-17 must be 
credited to a statewide sheriffs association for enforcement activities for deterring underage sales of marijuana and 
alcohol. It also provides that $93,000 in fiscal year 2015-16 and $232,500 in fiscal year 2016-17 must be credited to 
fund up to 14 Investigative Agent positions in the Department of Public Safety, up to 4 Assistant Attorney General 
positions that will be dedicated to prosecuting drug crimes and up to 4 District Court Judges to hear criminal drug 
cases. 
The legislation provides that $46,500 in fiscal year 2015-16 and $116,250 in fiscal year 2016-17 must be credited to a 
new Youth Marijuana Prevention and Control program within the Maine Center for Disease Control and Prevention 
for the purpose of an ongoing public awareness campaign to reduce youth marijuana, alcohol and tobacco 
consumption, including the creation of the Youth Marijuana Prevention and Control Advisory Council. It also 
provides that $93,000 in fiscal year 2015-16 and $232,500 in fiscal year 2016-17 must be credited to the Office of 
Substance Abuse and Mental Health Services for the purpose of providing addiction treatment services. 
This legislation designates the Bureau of Alcoholic Beverages and Lottery Operations (BABLO) as the regulating 
authority for marijuana and marijuana products. BABLO will require General Fund appropriations of$l, 152,559 and 
$1,667,384 in fiscal years 2015-16 and 2016-17, respectively, for 14 Marijuana Inspector positions, 5 Office 
Associate II positions and certain one-time and ongoing IT costs. Licenses issued by BABLO for marijuana 
establishments will generate estimated General Fund revenues of $1,133,000 in fiscal year 2015-16 and $423,500 in 
fiscal year 2016-17. The bill directs 25% of license application fees to go to the municipalities that applicants operate 
in. Municipalities will receive an estimated $81,000 in fiscal year 2015-16. The bill also establishes the Marijuana 
Regulation and Licensing Fund within BABLO and the Low-income Marijuana Patient Access Program Fund within 
the Department of Administrative and Financial Services. Both funds will receive $46,500 and $116,250 in fiscal 
years 2015-16 and 2016-17, respectively. 
Finally, the legislation requires that the first $30,000,000 in sales tax revenue from the sales tax on marijuana and 
marijuana products each year be used to fund school construction or renovation. Sales tax revenue from this source 
is estimated to be $3,720,000 in fiscal year 2015-16 and $9,300,000 in fiscal year 2016-17. 
LROOIO(02) - Fiscal Note - Page 2 of2