An Act To Legalize Marijuana
Maine Legislature, Session 127, LD 1701
Amends: 22 MRSA §2383, 36 MRSA §1817

Legislative Document 
No. 1701 
I.B. 6 
House of Representatives, April 29, 2016 
An Act To Legalize Marijuana 
Transmitted to the Clerk of the 127th Maine Legislature by the Secretary of State on April 
27, 2016 and ordered printed. 
ROBERT B. HUNT 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA c. 417 is enacted to read: 
CHAPTER 417 
MARIJUANA LEGALIZATION ACT 
§2441.  Short title 
This chapter may be known and cited as "the Marijuana Legalization Act." 
§2442.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Advertising.  "Advertising" means the act of providing consideration for the 
publication, dissemination, solicitation or circulation, visual, oral or written, to induce 
directly or indirectly any person to patronize a particular retail marijuana establishment or 
retail marijuana social club or to purchase particular retail marijuana or a retail marijuana 
product.  "Advertising" includes marketing, but does not include packaging and labeling. 
"Advertising" proposes a commercial transaction or otherwise constitutes commercial 
speech. 
2.  Applicant.  "Applicant" means a person that has submitted an application for 
licensure as a retail marijuana establishment or retail marijuana social club pursuant to 
this chapter that was accepted by the state licensing authority for review but has not been 
approved or denied by the state licensing authority. 
3.  Batch.  "Batch" means a specific quantity of cannabis harvested during a specified 
time period from a specified cultivation area. 
4.  Batch number.  "Batch number" means any distinct group of numbers, letters or 
symbols, or any combination thereof, assigned by a retail marijuana cultivation facility or 
retail marijuana products manufacturing facility to a specific harvest batch or production 
batch of retail marijuana. 
5.  Cannabis.  "Cannabis" means all parts of the plant of the genus Cannabis whether 
growing or not, the seeds thereof, the resin extracted from any part of the plant and every 
compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or 
its resin including cannabis concentrate. "Cannabis" does not include industrial hemp, 
fiber produced from the stalks, oil, cake made from the seeds of the plant, sterilized seed 
of the plant that is incapable of germination or any ingredient combined with cannabis to 
prepare topical or oral administrations, food, drink or any other product. "Cannabis" also 
means marijuana. 
6.  Child-resistant.  "Child-resistant" means special packaging that is:  
A.  Designed or constructed to be significantly difficult for children under 5 years of 
age to open and not difficult for normal adults to use properly; 
B.  Opaque so that the product cannot be seen from outside the packaging; and 
C.  Closable, for any product intended for more than a single use or containing 
multiple servings. 
7.  Commissioner.  "Commissioner" means the Commissioner of Agriculture, 
Conservation and Forestry. 
8.  Container.  "Container" means the sealed package in which retail marijuana or a 
retail marijuana product is placed for sale to a consumer and that has been labeled 
according to the requirements set forth in section 2446, subsection 1. 
9.  Department.  "Department" means the Department of Agriculture, Conservation 
and Forestry. 
10.  Edible retail marijuana product. "Edible retail marijuana product" means any 
retail marijuana product that is intended to be consumed orally, including, but not limited 
to, any type of food, drink or pill. 
11.  Final agency order.  "Final agency order" means an order of the state licensing 
authority issued in accordance with this chapter and the Maine Administrative Procedure 
Act following review of the initial decision and any exceptions filed thereto or at the 
conclusion of the declaratory order process. 
12.  Flowering marijuana plant.  "Flowering marijuana plant" means the 
gametophytic or reproductive state of cannabis in which the plant is in a light cycle 
intended to produce flowers, trichomes and cannabinoids characteristic of marijuana. 
13.  Good cause.  "Good cause," for purposes of denial of an initial license 
application or denial of a renewal or reinstatement of a license application, means:  
A.  The licensee or applicant has violated, does not meet or has failed to comply with 
any of the terms, conditions or provisions of this chapter, any rules adopted pursuant 
to it or any supplemental relevant state or local law, rule or regulation; or 
B.  The licensee or applicant has failed to comply with any special terms, consent 
decree or conditions that were placed upon the license pursuant to an order of the 
state licensing authority or the relevant municipality. 
14.  Harvest batch.  "Harvest batch" means a batch of processed retail marijuana that 
is uniform in strain, cultivated using the same herbicides, pesticides and fungicides and 
harvested at the same time.  
15.  Identity statement.  "Identity statement" means the name of the business as it is 
commonly known and used in any advertising.  
16.  Immature plant. "Immature plant" means a nonflowering retail marijuana plant 
that is taller than 24 inches and is wider than 18 inches. 
17.  Initial decision. "Initial decision" means a decision of a hearing officer in the 
department following a licensing, disciplinary or other administrative hearing. 
18.  Law enforcement agency.  "Law enforcement agency" means any federal, state 
or municipal agency or any governmental agency or subunit of such agency or any state 
or federal court that administers criminal justice pursuant to a statute or executive order 
and that allocates a substantial part of its annual budget to the administration of criminal 
justice. 
19.  Licensed premises.  "Licensed premises" means the premises specified in an 
application for a license pursuant to this chapter that are owned or in possession of the 
licensee and within which the licensee is authorized to cultivate, manufacture, distribute, 
sell, consume or test retail marijuana in accordance with the provisions of this chapter 
and rules adopted pursuant to this chapter. 
20.  Licensee. "Licensee" means a person licensed pursuant to this chapter or, in the 
case of a holder of an occupational license, a natural person licensed pursuant to this 
chapter. 
21.  Limited access area.  "Limited access area" means a building, room or other 
contiguous area upon the licensed premises where retail marijuana is grown, cultivated, 
stored, weighed, packaged, sold or processed for sale under control of the licensee. 
22.  Marijuana.  "Marijuana" means cannabis. 
23.  Marijuana extraction.  "Marijuana extraction" means the process of extracting 
marijuana with solvents or gases. 
24.  Mother plant. "Mother plant" means a plant that is used solely by a cultivator 
for the taking of seedling cuttings. 
25.  Natural person.  "Natural person" means a citizen of this State who has a 
verifiable social security number. 
26.  Occupational license.  "Occupational license" means a license granted to a 
natural person by the state licensing authority. 
27.  Owner.  "Owner" means a person whose beneficial interest in a retail marijuana 
establishment or retail marijuana social club is such that the person bears risk of loss 
other than as an insurer, has an opportunity to gain profit from the operation or sale of a 
retail marijuana establishment or retail marijuana social club and has a controlling interest 
in a retail marijuana establishment or retail marijuana social club. 
28.  Person.  "Person" means a natural person, partnership, association, company, 
corporation, limited liability company or organization or a manager, agent, owner, 
director, servant, officer or employee thereof.  "Person" does not include any 
governmental organization. 
29.  Plant canopy.  "Plant canopy" means the area upon the licensed premises 
dedicated to live plant cultivation, such as maintaining mother plants, propagating plants 
from seed to plant tissue, cloning and maintaining a vegetative or flowering area.  "Plant 
canopy" does not include areas such as space for storage of fertilizers, pesticides or other 
products, quarantine areas, office space, walkways, work areas and other similar areas. 
30.  Production batch. "Production batch" means a group of retail marijuana 
products created from a production run of retail marijuana products. 
31.  Propagation.  "Propagation" means the reproduction of retail marijuana plants 
by seeds, cuttings or grafting. 
32.  Registered dispensary.  "Registered dispensary" means a dispensary that is a 
nonprofit corporation organized under Title 13-B and registered with the Department of 
Health and Human Services pursuant to the Maine Medical Use of Marijuana Act and 
holds one or more dispensary registrations. 
33.  Restricted access area.  "Restricted access area" means a designated and secure 
area within the licensed premises in a retail marijuana store or retail marijuana social club 
where retail marijuana and retail marijuana products are sold, possessed for sale and 
displayed for sale and where no one under 21 years of age is permitted. 
34.  Retail marijuana. "Retail marijuana" means cannabis that is cultivated, 
manufactured, distributed or sold by a licensed retail marijuana establishment or retail 
marijuana social club. 
35.  Retail marijuana cultivation facility.  "Retail marijuana cultivation facility" 
means an entity licensed to cultivate, prepare and package retail marijuana and sell retail 
marijuana to retail marijuana establishments and retail marijuana social clubs. 
36.  Retail marijuana establishment. "Retail marijuana establishment" means a 
retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products 
manufacturing facility or a retail marijuana testing facility. 
37.  Retail marijuana product.  "Retail marijuana product" means concentrated 
retail marijuana and retail marijuana products that are composed of retail marijuana and 
other ingredients and are intended for use or consumption, including, but not limited to, 
edible products, ointments and tinctures.  
38.  Retail marijuana products manufacturing facility. "Retail marijuana products 
manufacturing facility" means an entity licensed to purchase retail marijuana; 
manufacture, prepare and package retail marijuana products; and sell retail marijuana and 
retail marijuana products only to other retail marijuana products manufacturing facilities, 
retail marijuana stores and retail marijuana social clubs. 
39.  Retail marijuana social club. "Retail marijuana social club" means an entity 
licensed to sell retail marijuana and retail marijuana products to consumers for 
consumption on the licensed premises. 
40.  Retail marijuana store. "Retail marijuana store" means an entity licensed to 
purchase retail marijuana from a retail marijuana cultivation facility and to purchase retail 
marijuana products from a retail marijuana products manufacturing facility and to sell 
retail marijuana and retail marijuana products to consumers. 
41.  Retail marijuana testing facility. "Retail marijuana testing facility" means an 
entity licensed and certified to analyze and certify the safety and potency of retail 
marijuana and retail marijuana products. 
42.  Sample. "Sample" means any retail marijuana or retail marijuana product 
provided for testing or research purposes to a retail marijuana testing facility by a retail 
marijuana establishment or retail marijuana social club. 
43.  Seedling. "Seedling" means a nonflowering retail marijuana plant that is no taller 
than 24 inches and no wider than 18 inches. 
44.  State licensing authority.  "State licensing authority" means the authority 
created for the purpose of regulating and controlling the licensing of the cultivation, 
manufacture, distribution, testing and sale of retail marijuana and retail marijuana 
products in this State pursuant to this chapter. 
45.  THC.  "THC" means tetrahydrocannabinol. 
46.  Universal symbol.  "Universal symbol" means the image established by the state 
licensing authority and made available to licensees through the state licensing authority's 
website for indicating that retail marijuana or a retail marijuana product is within a 
container. 
47.  Unreasonably impracticable.  "Unreasonably impracticable" means that the 
measures necessary to comply with the rules require such a high investment of risk, 
money, time or any other resource or asset that the operation of a retail marijuana 
establishment or retail marijuana social club is not worth being carried out in practice by 
a reasonably prudent business person. 
§2443.  Exemption from criminal and civil penalties, seizure and forfeiture 
Notwithstanding Title 17-A, chapter 45 or any other provision of law to the contrary 
and except as provided in this chapter, the actions specified in this chapter are legal under 
the laws of this State and do not constitute a civil or criminal offense under the laws of 
this State or the law of any political subdivision within this State or serve as a basis for 
seizure or forfeiture of assets under state law.  This chapter may not be construed to 
shield any individual, partnership, corporation, firm, association or other legal entity from 
federal prosecution. 
§2444.  State licensing authority 
For the purpose of regulating and controlling the licensing of the cultivation, 
manufacture, distribution, testing and sale of retail marijuana and retail marijuana 
products in this State, the state licensing authority is the Department of Agriculture, 
Conservation and Forestry. 
1.  Commissioner is chief administrative officer.  The Commissioner of 
Agriculture, Conservation and Forestry is the chief administrative officer of the state 
licensing authority and may employ such officers and employees as may be determined to 
be necessary. The state licensing authority has the authority to: 
A.  Grant or refuse licenses for the cultivation, manufacture, distribution, sale and 
testing of retail marijuana and retail marijuana products as provided by this chapter;  
B.  Suspend, fine, restrict or revoke licenses under paragraph A upon a violation of 
this chapter or any rule adopted pursuant to this chapter; and 
C.  Impose any penalty authorized by this chapter or any rule adopted pursuant to this 
chapter. 
2.  Adoption of rules.  The state licensing authority shall adopt rules for the proper 
regulation and control of the cultivation, manufacture, distribution, sale and testing of 
retail marijuana and retail marijuana products and for the enforcement of this chapter, not 
later than 9 months after the effective date of this Act, and shall adopt amended rules and 
such special rules and make findings as necessary. These rules are major substantive rules 
pursuant to Title 5, chapter 375, subchapter 2-A.  Rules must address but are not limited 
to the following issues: 
A.  The hearing of contested state license denials at a public hearing, employing full 
due process, including the subpoena power, the taking of oaths, the calling of 
witnesses and the maintaining of the confidentiality of customer records.  Provision 
must be made for the conduct of appeal hearings following license actions, including, 
but not limited to, the denial of a license renewal or of an initial license and license 
revocation and suspension, and hearings contesting the imposition of a fine; 
B.  The development of such forms, licenses, identification cards and applications as 
necessary for the administration of this chapter or of any of the rules adopted under 
this chapter; 
C.  The preparation and transmission annually, in the form and manner prescribed by 
this chapter, of a report to the Legislature accounting for the efficient discharge of all 
responsibilities assigned by law or rules to the state licensing authority; 
D.  Procedures consistent with this chapter for the issuance, renewal, suspension and 
revocation of licenses to operate retail marijuana establishments; 
E.  Limits on the concentration of THC and other cannabinoids per serving in any 
retail marijuana product; 
F.  Qualifications for licensure including, but not limited to, the requirement for a 
fingerprint-based criminal history record check for all owners, officers, managers, 
employees and other support staff of entities licensed pursuant to this chapter; 
G.  Security requirements for any licensed premises under this chapter including, at a 
minimum, lighting, physical security, alarm requirements and other minimum 
procedures for internal control as determined necessary by the state licensing 
authority to properly administer and enforce the provisions of this chapter, including 
reporting requirements for changes, alterations or modifications to the licensed 
premises.  Security requirements may not be unreasonably impracticable; and 
H.  Securing and recording permission for a local fire department or the State Fire 
Marshal to conduct an annual fire inspection of a retail marijuana cultivation facility. 
§2445.  Independent testing and certification program 
The state licensing authority shall establish, within a specific time frame, a retail 
marijuana and retail marijuana products independent testing and certification program.  
This program must require licensees to test retail marijuana and retail marijuana products 
to ensure at a minimum that products sold for human consumption do not contain 
contaminants that are injurious to health and to ensure correct labeling. 
1.  Content of testing.  Testing must include, but is not limited to, analysis for 
residual solvents, poisons and toxins; harmful chemicals; dangerous molds and mildew; 
harmful microbes, such as Escherichia coli and salmonella; and pesticides. 
2.  Presence of injurious substance.  In the event that test results indicate the 
presence of quantities of any substance determined to be injurious to health in any 
product, these products must be immediately quarantined and immediate notification to 
the persons responsible for enforcing the marijuana laws must be made. These products 
must be documented and properly destroyed. 
3.  THC potency.  Testing must verify THC potency representations for correct 
labeling.  
The establishment of an independent testing and certification program does not affect 
the adoption of rules in section 2444 or affect the implementation of cultivation, 
production and sale of retail marijuana and retail marijuana products. 
§2446.  Labeling; health and safety requirements; training; identification cards 
1.  Labeling requirements for sales of retail marijuana and retail marijuana 
products.  Labeling requirements for sales of retail marijuana and retail marijuana 
products include when applicable: 
A.  The license number of the retail marijuana cultivation facility license; 
B.  The license number of the retail marijuana store license; 
C.  An identity statement and a universal symbol; 
D.  The batch number; 
E.  A net weight statement; 
F.  THC potency and the potency of such other cannabinoids or other chemicals, 
including, but not limited to, cannabidiol, as determined relevant by the state 
licensing authority; 
G.  Warning labels; 
H.  Solvents used in marijuana extraction; 
I.  Amount of THC per serving and the number of servings per package for retail 
marijuana products; 
J.  A list of ingredients and possible allergens for retail marijuana products; 
K.  A recommended use date or expiration date for retail marijuana products; and 
L.  A nutritional fact panel for edible retail marijuana products. 
2.  Health and safety rules.  The state licensing authority shall adopt health and 
safety rules, which are major substantive rules pursuant to Title 5, chapter 375, 
subchapter 2-A, and standards for the manufacture of retail marijuana products and the 
cultivation of retail marijuana, which must include: 
A.  Limitations on the display of retail marijuana and retail marijuana products; 
B.  Regulation of the storage of, warehouses for and transportation of retail marijuana 
and retail marijuana products; and 
C.  Sanitary requirements for retail marijuana establishments, including but not 
limited to sanitary requirements for the preparation of retail marijuana products. 
3.  Training for local jurisdictions and law enforcement officers.  The state 
licensing authority shall adopt rules, which are major substantive rules pursuant to Title 
5, chapter 375, subchapter 2-A, and processes for training local jurisdictions and law 
enforcement officers in the law, including the requirements for inspections, 
investigations, searches, seizures, forfeitures and such additional activities as may 
become necessary from time to time. 
4.  Identification cards.  The following provisions govern identification cards. 
A.  The state licensing authority shall adopt rules detailing the format of, and 
inclusion of information on, individual identification cards for owners, officers, 
managers, contractors, employees and other support staff of entities licensed pursuant 
to this chapter, including a fingerprint-based criminal history record check as may be 
required by the state licensing authority prior to issuing an identification card. 
B.  The state licensing authority shall specify those forms of photo identification that 
a retail marijuana store may accept when verifying a sale, including but not limited to 
government-issued identification cards. 
C.  The state licensing authority shall develop procedures for license renewals, 
reinstatements, initial licenses and the payment of licensing fees, as well as other 
matters that are necessary for the fair, impartial and comprehensive administration of 
this chapter. 
D.  Rules adopted pursuant to this subsection are routine technical rules, pursuant to 
Title 5, chapter 375, subchapter 2-A. 
§2447.  License application and issuance 
An application for a license under the provisions of this chapter must be made to the 
state licensing authority on forms prepared and furnished by the state licensing authority 
and must set forth such information as the state licensing authority may require to enable 
the state licensing authority to determine whether a license should be granted.  The 
information must include the name and address of the applicant and the names and 
addresses of the applicant's officers, directors or managers.  Each application must be 
verified by the oath or affirmation of such person or persons as the state licensing 
authority may prescribe.  The state licensing authority may issue a license to an applicant 
pursuant to this section upon completion of the applicable criminal history record check 
associated with the application.  The license is conditioned upon municipal approval.  An 
applicant is prohibited from operating a retail marijuana establishment or retail marijuana 
social club without state licensing authority and municipal approval.  If the applicant does 
not receive municipal approval within one year from the date of state licensing authority 
approval, the license expires and may not be renewed.  If an application is not approved 
by the municipality, the state licensing authority shall revoke the license. 
1.  Qualifications.  The following provisions govern the qualifications for licensure 
as a retail marijuana establishment or retail marijuana social club. A person is not 
qualified to conduct licensed activities until the required annual fee has been paid. 
A.  An applicant who is a natural person must be at least 21 years of age.  If an 
applicant is a corporation, all members of the board must comply with this paragraph. 
B.  A person who has been convicted of a disqualifying drug offense may not be a 
licensee.  For purposes of this paragraph, "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 5 years or more.  "Disqualifying drug offense" does 
not include an offense for which the sentence, including any term of probation, 
incarceration or supervised release, was completed 10 or more years prior to 
application for licensure or an offense that consisted of conduct that is permitted 
under this chapter. 
C.  A person who has had a license for a retail marijuana establishment or retail 
marijuana social club revoked may not be a licensee. 
D.  A sheriff, deputy sheriff, police officer, prosecuting officer or an officer or 
employee of the state licensing authority or a municipality is ineligible to become a 
licensee. 
E.  The state licensing authority shall investigate all applicants for compliance with 
this chapter prior to issuing a license. 
F.  First priority for licensure must be given to registered caregivers who have been 
continuously registered with the Department of Health and Human Services pursuant 
to the Maine Medical Use of Marijuana Act or who have experience serving as a 
principal officer or board member of a nonprofit medical dispensary registered with 
the Department of Health and Human Services pursuant to the Maine Medical Use of 
Marijuana Act.   If an applicant, either a business entity or an individual, owns, has a 
financial interest in or controls the management of more than one dispensary in this 
State, that applicant may receive preference for only one license in each license class.  
As long as there are other preferred applicants for any or all license classes an 
applicant who owns, has a financial interest in or controls the management of more 
than one dispensary in this State is not eligible for multiple licenses in any class.  
Preference must be given to an applicant who has at least 3 medical marijuana 
caregiver registrations when determining which applicants receive licenses.  
G.  The state licensing authority shall accept applications from registered caregivers 
and principal officers or board members of registered dispensaries who have 
continuously registered with the Department of Health and Human Services pursuant 
to the Maine Medical Use of Marijuana Act. 
H.  The state licensing authority shall adopt rules, which are major substantive rules 
pursuant to Title 5, chapter 375, subchapter 2-A, for a streamlined application process 
for registered caregivers and principal officers or board members of dispensaries 
registered with the Department of Health and Human Services pursuant to the Maine 
Medical Use of Marijuana Act, which must include an initial site inspection 
confirming compliance with this chapter. 
2.  Investigation of qualifications.  In investigating the qualifications of an applicant 
or a licensee, the state licensing authority and municipality may have access to criminal 
history record information furnished by a law enforcement agency subject to any 
restrictions imposed by that agency.  In the event the state licensing authority or 
municipality considers the applicant's criminal history record, the state licensing authority 
or municipality shall also consider any information provided by the applicant regarding 
such criminal history record, including, but not limited to, evidence of rehabilitation, 
character references and educational achievements, especially those items pertaining to 
the time between the applicant's last criminal conviction and the consideration of the 
application for a license. 
At the time of filing an application for issuance of a retail marijuana establishment or 
retail marijuana social club license, an applicant shall submit a set of the applicant's 
fingerprints and personal history information concerning the applicant's qualifications for 
a license on forms prepared by the state licensing authority.  The state licensing authority 
shall submit the fingerprints and the municipality may forward fingerprints to the State 
Bureau of Investigation for criminal history background information.  The state licensing 
authority shall also forward the fingerprints to the Federal Bureau of Investigation for the 
purpose of conducting a federal fingerprint-based criminal history record check.  The 
state licensing authority may acquire a name-based criminal history record check for an 
applicant or a licensee who has twice submitted to a fingerprint-based criminal history 
record check and whose fingerprints are unclassifiable.  An applicant who has previously 
submitted fingerprints for state licensing purposes may request that the fingerprints on 
file be used.  The state licensing authority shall use the information resulting from the 
fingerprint-based criminal history record check to investigate and determine whether an 
applicant is qualified to hold a license pursuant to this chapter.  The state licensing 
authority or municipality may verify any of the information an applicant is required to 
submit. 
3.  Applications; issuance.  The following provisions govern applications for and 
issuance of a retail marijuana establishment or retail marijuana social club license. 
A.  An applicant shall file an application in the form required by the state licensing 
authority for the type of license sought, along with the application fee as set by the 
state licensing authority. 
B.  An applicant may apply for and be granted more than one type of license except 
that a person licensed as a retail marijuana testing facility may not hold any other 
retail marijuana establishment license.  Registered caregivers and registered 
dispensaries who have held a registration in good standing for 2 years by the date of 
the application must be given priority in the granting of licenses for a retail marijuana 
cultivation facility, retail marijuana products manufacturing facility or retail 
marijuana store license. The state licensing authority shall begin accepting and 
processing applications by 30 days after the adoption of rules under section 2444, 
subsection 2.  If after 90 days those applications do not meet the maximum square 
footage allotment set by this chapter, the state licensing authority may begin 
accepting and processing applications by all other qualified applicants. 
C.  The state licensing authority shall issue or renew a license to operate a retail 
marijuana establishment or retail marijuana social club to an applicant who meets the 
requirements of the state licensing authority, which must include a review of the site 
plan, operating plan and relevant experience in the marijuana industry in this State, as 
set forth in rule, within 90 days of the date of receipt of the application unless: 
(1)  The state licensing authority finds the applicant is not in compliance with this 
section or rules adopted by the state licensing authority; 
(2)  The state licensing authority is notified by the relevant municipality that the 
applicant is not in compliance with an ordinance, rule or regulation in effect at 
the time of application; or 
(3)  The number of retail marijuana establishments or retail marijuana social 
clubs allowed in the municipality has been limited pursuant to local ordinance or 
is limited by subsection 7 and the state licensing authority has already licensed 
the maximum number of retail marijuana establishments or retail marijuana 
social clubs allowed in the municipality for the class of license that is sought. 
D.  The following provisions govern the situation when more than one application is 
received by the state licensing authority for establishment of a retail marijuana 
establishment or retail marijuana social club in the same municipality. 
(1)  If a greater number of applications are received from qualified applicants to 
operate a retail marijuana store in a municipality than are allowed under the 
limits enacted by that municipality pursuant to subsection 4, the state licensing 
authority shall solicit and consider input from the municipality as to the 
municipality's preferences for licensure.  Within 180 days of the date the first 
application is received, the state licensing authority shall issue the maximum 
number of applicable licenses. 
(2)  In any competitive application process to determine which applicants receive 
licenses for any class of license, the state licensing authority shall give first 
preference to an applicant who has at least 2 years of previous experience 
cultivating marijuana in compliance with Title 22, section 2423 and who has 
been continuously registered with the Department of Health and Human Services 
pursuant to the Maine Medical Use of Marijuana Act.  Preference must be given 
to an applicant who has 3 medical marijuana caregiver registrations when 
determining which applicants receive licenses. 
E.  The state licensing authority may not grant a license for a retail marijuana 
establishment to a licensee who has already received a license to operate the same 
type of retail marijuana establishment if doing so would prevent another qualified 
applicant from receiving a license.  The state licensing authority may not grant a 
license for a retail marijuana social club to a licensee who has already received a 
license to operate a retail marijuana social club if doing so would prevent another 
qualified applicant from receiving a license. 
4.  Limitation on number of retail marijuana stores.  The state licensing authority 
may not limit the total number of retail marijuana stores in this State.  A municipality 
may regulate the number of retail marijuana stores and the location and operation of retail 
marijuana establishments and retail marijuana social clubs and may prohibit the operation 
of retail marijuana establishments and retail marijuana social clubs within its jurisdiction. 
5.  Limitations on retail marijuana cultivation.  The state licensing authority may 
establish limitations upon retail marijuana cultivation through one or more of the  
following methods: 
A.  Placing or modifying a limit on the number of licenses that it issues, by class or 
overall, but in placing or modifying the limits, the state licensing authority shall 
consider the reasonable availability of new licenses after a limit is placed or 
modified; and 
B.  Placing or modifying a limit on the amount of production permitted by a retail 
marijuana cultivation facility license or class of licenses based upon some reasonable 
metric or set of metrics, including, but not limited to, previous months' sales, pending 
sales or other reasonable metric as determined by the state licensing authority. 
6.  Limitation on retail marijuana cultivation facility size.  The amount of space 
approved for marijuana cultivation at retail marijuana cultivation facilities is limited to 
800,000 square feet of plant canopy, unless the state licensing authority determines that a 
greater amount may be needed to ensure an adequate supply to meet demand for various 
strains of marijuana throughout the State.  An applicant must designate on the applicant's 
operating plan the size category of the licensed premises and the amount of actual square 
footage in the applicant's licensed premises that will be designated as plant canopy.  
The state licensing authority shall license 2 types of retail marijuana cultivation facilities, 
those with 3,000 square feet or less of plant canopy and those with more than 3,000 
square feet of plant canopy.  The state licensing authority shall license marijuana 
cultivation at retail marijuana cultivation facilities by unit blocks of 10 feet by 10 feet, or 
square feet, of plant canopy, with 40% of all licenses issued going to licensees of 30 
unit blocks or less.  The maximum amount of unit blocks allowed to a single licensee is 
300. 
An applicant who applies for a retail marijuana cultivation facility license for a facility 
with more than 3,000 square feet of plant canopy but is not licensed by the state licensing 
authority may be considered for a license for a facility with 3,000 square feet or less of 
plant canopy. 
No more than 6 retail marijuana cultivation facilities or more than 300 unit blocks of 
plant canopy may be located on the same parcel of property. 
The state licensing authority may reduce the number of unit blocks a retail marijuana 
cultivation facility is authorized to cultivate if 50% or fewer of the unit blocks a facility is 
authorized to cultivate are not used by the end of the first year of operation.  
7.  Restrictions on applications for licenses.  The state licensing authority may not 
approve an application for the issuance of a license pursuant to this chapter:  
A.  If the application for the license concerns a location that is the same as or within 
1,000 feet of a location for which, within the 2 years immediately preceding the date 
of the application, the state licensing authority denied an application for the same 
class of license due to the nature of the use or other concern related to the location; or 
B.  Until it is established that the applicant is in or will be entitled to possession of the 
licensed premises for which application is made under a lease, rental agreement or 
other arrangement for possession of the premises or by virtue of ownership of the 
premises. 
§2448.  Classes of licenses; license provisions 
1.  State licensing authority may issue license.  For the purpose of regulating the 
cultivation, manufacture, distribution, sale and testing of retail marijuana and retail 
marijuana products, the state licensing authority, in its discretion, upon receipt of an 
application in the prescribed form, may issue and grant to the applicant a license from one 
or more of the following classes, subject to the provisions and restrictions provided by 
this chapter: 
A.  Retail marijuana store license; 
B.  Retail marijuana cultivation facility license; 
C.  Retail marijuana products manufacturing facility license; 
D.  Retail marijuana testing facility license; 
E.  Retail marijuana social club license; and 
F.  Occupational licenses and registrations for owners, managers, operators, 
employees, contractors and other support staff employed at, working in or having 
access to restricted access areas of the licensed premises, as determined by the state 
licensing authority. 
2.  Licensee to collect tax.  A retail marijuana store licensee or retail marijuana 
social club licensee shall collect sales tax on all retail sales made at a retail marijuana 
store or retail marijuana social club, respectively. 
3.  Retail marijuana store license.  The following provisions govern a retail 
marijuana store. 
A.  A licensed retail marijuana store may sell only retail marijuana, retail marijuana 
products, marijuana accessories, nonconsumable products such as apparel and 
marijuana-related products such as child-resistant containers, but is prohibited from 
selling or giving away any consumable product, including but not limited to 
cigarettes, alcohol and edible products that do not contain marijuana, including but 
not limited to sodas, candies and baked goods.  Automatic dispensing machines that 
contain retail marijuana and retail marijuana products are prohibited. 
B.  A retail marijuana store licensee shall track all of its retail marijuana and retail 
marijuana products from the point at which they are transferred from a retail 
marijuana cultivation facility or retail marijuana products manufacturing facility to 
the point of sale. 
All retail marijuana and retail marijuana products sold at a licensed retail marijuana 
store must be packaged and labeled as required by rules of the state licensing 
authority and pursuant to section 2446, subsection 1.  Notwithstanding the provisions 
of this section, a retail marijuana store licensee may also sell retail marijuana 
products that are prepackaged and labeled as required by rules of the state licensing 
authority and pursuant to section 2446, subsection 1. 
C.  A person must be 21 years of age or older to make a purchase in a retail marijuana 
store. 
(1)  Prior to initiating a sale, the employee of the retail marijuana store making 
the sale shall verify that the purchaser has a valid government-issued 
identification card, or other acceptable identification, showing that the purchaser 
is 21 years of age or older.  If a person under 21 years of age presents a 
fraudulent proof of age, any action relying on the fraudulent proof of age may not 
be grounds for the revocation or suspension of any license issued under this 
chapter. 
(2)  The state licensing authority shall adopt rules, which are routine technical 
rules as described in Title 5, chapter 375, subchapter 2-A, to prohibit certain 
signs, marketing and advertising, including but not limited to a prohibition on 
mass-market campaigns that have a high likelihood of reaching persons under 21 
years of age. 
These rules may include: 
(a)  A prohibition on health or physical benefit claims in advertising,  
merchandising and packaging; 
(b)  A prohibition on unsolicited advertising on the Internet; 
(c)  A prohibition on opt-in marketing that does not permit an easy and 
permanent opt-out feature; and 
(d)  A prohibition on marketing directed toward location-based devices, 
including but not limited to cellular phones, unless the marketing is a mobile 
device application installed on the device by the owner of the device who is 
years of age or older and includes a permanent and easy opt-out feature. 
(3)  A magazine whose primary focus is marijuana or marijuana businesses may 
be sold only in a retail marijuana store or behind the counter in an establishment 
where persons under 21 years of age are present. 
(4)  A retail marijuana product may not contain an additive designed to make the 
product more appealing to children. 
(5)  Notwithstanding any other provision of state law, sales of retail marijuana 
and retail marijuana products are not exempt from state sales tax. 
(6)  Nothing in this chapter may be construed to limit a law enforcement agency's 
ability to investigate unlawful activity in relation to a retail marijuana 
establishment or retail marijuana social club.  A law enforcement agency may run 
a Maine criminal history record check of a licensee, or employee of a licensee, 
during an investigation of unlawful activity related to retail marijuana and retail 
marijuana products. 
D.  Retail marijuana and retail marijuana products may be transported between a 
licensed retail marijuana store and retail marijuana stores, retail marijuana cultivation 
facilities, retail marijuana products manufacturing facilities, retail marijuana social 
clubs and retail marijuana testing facilities. 
4.  Retail marijuana cultivation facility license.  The state licensing authority shall 
create a statewide licensure class system for retail marijuana cultivation facilities. 
A.  The following provisions govern retail marijuana cultivation facilities. 
(1)  A retail marijuana cultivation facility licensee is permitted to cultivate retail 
marijuana for sale and distribution only to licensed retail marijuana stores, retail 
marijuana products manufacturing facilities, other retail marijuana cultivation 
facilities or retail marijuana social clubs. 
(2)  A retail marijuana cultivation facility may have a retail marijuana store if it is 
located on the same licensed premises as the retail marijuana cultivation facility.  
If the retail marijuana cultivation facility chooses the option to have a retail 
marijuana store it must meet all requirements set by the state licensing authority 
and municipality in which it is located.  A retail marijuana store located on the 
licensed premises of a retail marijuana cultivation facility does not count against 
any municipal limits on the number of retail marijuana stores. 
(3)  A retail marijuana cultivation facility shall track the marijuana it cultivates 
from seed or immature plant to wholesale purchase.  The state licensing authority 
may not make rules that are unreasonably impracticable concerning the tracking 
of marijuana from seed or immature plant to wholesale purchase. 
(4)  A retail marijuana cultivation facility may provide, except as required by 
subsection 6, a sample of its products to a retail marijuana testing facility for 
testing and research purposes.  A retail marijuana cultivation facility shall 
maintain a record of what was provided to the retail marijuana testing facility, the 
identity of the retail marijuana testing facility and the testing results. 
B.  Retail marijuana may be transported between a licensed retail marijuana 
cultivation facility and retail marijuana stores, other retail marijuana cultivation 
facilities, retail marijuana products manufacturing facilities, retail marijuana social 
clubs and retail marijuana testing facilities. 
5.  Retail marijuana products manufacturing facility license.  The following 
provisions govern retail marijuana products manufacturing facilities and the preparation 
of retail marijuana products. 
A.  The following provisions govern retail marijuana products manufacturing 
facilities. 
(1)  A retail marijuana products manufacturing facility licensee is permitted to 
manufacture retail marijuana products pursuant to the terms and conditions of 
this chapter. 
(2)  A retail marijuana products manufacturing facility may cultivate its own 
retail marijuana if it obtains a retail marijuana cultivation facility license, or it 
may purchase retail marijuana from a licensed retail marijuana cultivation 
facility.  A retail marijuana products manufacturing facility licensee shall track 
all of its retail marijuana from the point it is either transferred from its retail 
marijuana cultivation facility or the point when it is delivered to the retail 
marijuana products manufacturing facility from a licensed retail marijuana 
cultivation facility to the point of transfer to a licensed retail marijuana store, 
retail marijuana social club or retail marijuana testing facility. 
B.  A retail marijuana products manufacturing facility licensee may not: 
(1)  Add any marijuana to a food product if the manufacturer of the food product 
holds a trademark to the food product's name, except that a retail marijuana 
products manufacturing facility licensee may use a trademarked food product if 
the licensee uses the product as a component or as part of a recipe and if the 
licensee does not state or advertise to the consumer that the final retail marijuana 
product contains a trademarked food product; 
(2)  Intentionally or knowingly label or package a retail marijuana product in a 
manner that would cause a reasonable consumer confusion as to whether the 
retail marijuana product was a trademarked food product; 
(3)  Label or package a product in a manner that violates any federal trademark 
law or regulation; or 
(4)  Include harmful additives in any retail marijuana product, including, but not 
limited to, those that are toxic, designed to make the product more addictive and 
designed to make the product more appealing to children or misleading to 
consumers, but not including common baking and cooking items. 
C.  The following provisions govern the preparation of retail marijuana products. 
(1)  Retail marijuana products must be prepared on licensed premises that are 
used exclusively for the manufacture and preparation of retail marijuana or retail 
marijuana products and prepared using equipment that is used exclusively for the 
manufacture and preparation of retail marijuana and retail marijuana products. 
(2)  All licensed premises in which retail marijuana products are manufactured 
must meet the sanitary standards for retail marijuana product preparation adopted 
pursuant to section 2446, subsection 2 and must be licensed as commercial 
kitchens by the Department of Health and Human Services. 
(3)  Retail marijuana products must be packaged, sealed and conspicuously 
labeled in compliance with this chapter and any rules adopted pursuant to this 
chapter. 
(4)  A retail marijuana products manufacturing facility licensee may provide a 
sample of the licensee's products to a licensed retail marijuana testing facility 
pursuant to subsection 6 for testing and research purposes.  A retail marijuana 
products manufacturing facility licensee shall maintain a record of what was 
provided to the retail marijuana testing facility, the identity of the testing facility 
and the results of the testing. 
(5)  A retail marijuana products manufacturing facility licensee may list 
ingredients and compatibility with dietary practices on an edible retail marijuana 
product. 
(6)  All retail marijuana products that require refrigeration to prevent spoilage 
must be stored and transported in a refrigerated environment. 
D.  Nothing in this chapter may be construed to limit a law enforcement agency's 
ability to investigate unlawful activity in relation to a retail marijuana establishment.  
A law enforcement agency may run a Maine criminal history record check of a 
licensee, or employee of a licensee, during an investigation of unlawful activity 
related to retail marijuana and retail marijuana products. 
E.  Retail marijuana products may be transported between a licensed retail marijuana 
products manufacturing facility and retail marijuana stores, other retail marijuana 
products manufacturing facilities, retail marijuana social clubs and retail marijuana 
testing facilities. 
6.  Retail marijuana testing facility license.  A retail marijuana testing facility 
license may be issued to a person who performs testing and research on retail marijuana. 
The facility may develop and test retail marijuana products. 
The state licensing authority shall adopt rules pursuant to its authority in section 2445 
related to acceptable testing and research practices, including but not limited to testing, 
standards, quality control analysis, equipment certification and calibration, chemical 
identification and other practices used in bona fide research methods. 
A.  A person that has an interest in a retail marijuana testing facility license from the 
state licensing authority for testing purposes may not have any interest in a registered 
dispensary, a registered caregiver, a licensed retail marijuana store, a licensed retail 
marijuana social club, a licensed retail marijuana cultivation facility or a licensed 
retail marijuana products manufacturing facility.  A person that has an interest in a 
registered dispensary, a registered caregiver, a licensed retail marijuana store, a 
licensed retail marijuana social club, a licensed retail marijuana cultivation facility or 
a licensed retail marijuana products manufacturing facility may not have an interest 
in a facility that has a retail marijuana testing facility license.  For purposes of this 
paragraph, "interest" includes an ownership interest or partial ownership interest or 
any other type of financial interest, such as being an investor or serving in a 
management position. 
B.  Retail marijuana and retail marijuana products may be transported between the 
licensed retail marijuana testing facility and retail marijuana cultivation facilities, 
retail marijuana products manufacturing facilities, retail marijuana stores and retail 
marijuana social clubs. 
7.  Retail marijuana social club license.  The following provisions govern retail 
marijuana social clubs. 
A.  A licensed retail marijuana social club may sell only retail marijuana, retail 
marijuana products, marijuana accessories, nonconsumable products such as apparel, 
marijuana-related products and edible products that do not contain marijuana, 
including but not limited to sodas, candies and baked goods, but may not sell or give 
away cigarettes or alcohol.  All retail marijuana and retail marijuana products 
purchased at a licensed retail marijuana social club must be consumed or disposed of 
on and may not be taken off the licensed premises. 
B.  A retail marijuana social club shall track all of its retail marijuana and retail 
marijuana products from the point at which they are transferred from a retail 
marijuana cultivation facility, retail marijuana store or retail marijuana products 
manufacturing facility to the point of sale. 
C.  The following provisions govern procedures for preventing sales to persons under 
years of age. 
(1)  Prior to allowing a person onto the retail marijuana social club's licensed 
premises, an employee of the retail marijuana social club shall verify that the 
person has a valid government-issued identification card, or other acceptable 
identification, showing that the person is 21 years of age or older.  If a person 
under 21 years of age presents a fraudulent proof of age, any action relying on the 
fraudulent proof of age may not be grounds for the revocation or suspension of 
any license issued under this chapter. 
(2)  The state licensing authority shall adopt rules, which are routine technical 
rules as described in Title 5, chapter 375, subchapter 2-A, to prohibit certain 
signs, marketing and advertising, including but not limited to a prohibition on 
mass-market campaigns that have a high likelihood of reaching persons under 21 
years of age. 
These rules may include: 
(a)  A prohibition on health or physical benefit claims in advertising, 
merchandising and packaging; 
(b)  A prohibition on unsolicited advertising on the Internet; 
(c)  A prohibition on opt-in marketing that does not permit an easy and 
permanent opt-out feature; and 
(d)  A prohibition on marketing directed toward location-based devices, 
including but not limited to cellular phones, unless the marketing is a mobile 
device application installed on the device by the owner of the device who is 
years of age or older and includes a permanent and easy opt-out feature. 
(3)  Notwithstanding any other provision of state law, sales of retail marijuana 
and retail marijuana products are not exempt from state sales tax. 
(4)  Nothing in this chapter may be construed to limit a law enforcement agency's 
ability to investigate unlawful activity in relation to a retail marijuana 
establishment.  A law enforcement agency may run a Maine criminal history 
record check of a licensee, or employee of a licensee, during an investigation of 
unlawful activity related to retail marijuana and retail marijuana products. 
D.  Retail marijuana and retail marijuana products may be transported between a 
licensed retail marijuana social club and other retail marijuana social clubs or retail 
marijuana testing facilities. 
8.  Inspection of books and records.  Each licensee shall keep a complete set of all 
records necessary to show fully the business transactions of the licensee, all of which 
must be open at all times during business hours for the inspection and examination by the 
state licensing authority or its duly authorized representatives.  The state licensing 
authority may require any licensee to furnish such information as it considers necessary 
for the proper administration of this chapter and may require an audit to be made of the 
books of account and records on such occasions as it may consider necessary by an 
auditor to be selected by the state licensing authority.  The auditor must have access to all 
books and records of the licensee, and the cost of the audit must be paid by the licensee. 
The licensed premises, including any places of storage, where retail marijuana or retail 
marijuana products are stored, cultivated, sold, dispensed or tested are subject to 
inspection by the State or the municipality in which the licensed premises are located and 
by the investigators of the State or municipality during all business hours and other times 
of apparent activity for the purpose of inspection or investigation.  Access must be 
granted during business hours for examination of any inventory or books and records 
required to be kept by a licensee.  When any part of the licensed premises consists of a 
locked area, upon demand to the licensee this area must be made available for inspection, 
and, upon request by authorized representatives of the State or municipality, the licensee 
shall open the area for inspection. 
Each licensee shall retain all books and records necessary to show fully the business 
transactions of the licensee for a period comprising the current tax year and the 2 
immediately preceding tax years. 
9.  Product pricing.  Nothing in this chapter may be construed as granting to the 
state licensing authority the power to fix prices for retail marijuana or retail marijuana 
products. 
10.  License fees.  The state licensing authority shall determine the revenue needed to 
set up the licensing and enforcement operations of the department and set the fees 
applicable to the categories as outlined in subsection 1 within the ranges specified in the 
following schedule: 
A.  Retail marijuana store license, $250 to $2,500, with a $10 to $250 nonrefundable 
application fee; 
B.  Retail marijuana cultivation facility license, $10 to $100 per unit block, with a 
$10 to $250 nonrefundable application fee; 
C.  Retail marijuana products manufacturing facility license, $100 to $1,000, with a 
$10 to $250 nonrefundable application fee; 
D.  Retail marijuana testing facility license, $500, with a $10 to $250 nonrefundable 
application fee; 
E.  Retail marijuana social club license, $250 to $2,500, with a $10 to $250 
nonrefundable application fee; and 
F.  Occupational licenses and registrations for owners, managers, operators, 
employees, contractors and other support staff employed at, working in or having 
access to restricted access areas of the licensed premises, as determined by the state 
licensing authority. 
11.  License terms.  All licenses under this chapter are effective for one year from 
the date of issuance. 
12.  License renewal.  The following provisions govern license renewals. 
A.  Ninety days prior to the expiration date of an existing license, the state licensing 
authority shall notify the licensee of the expiration date by first class mail at the 
licensee's address of record with the state licensing authority.  A licensee may apply 
for the renewal of an existing license to the state licensing authority not less than 30 
days prior to the date of expiration.  Upon receipt of an application for renewal of an 
existing license and any applicable fees, the state licensing authority shall, within 7 
days, submit a copy of the application to the appropriate municipality to determine 
whether the application complies with all local restrictions on renewal of licenses.  
B.  The state licensing authority may not accept an application for renewal of a 
license after the date of expiration, except that the state licensing authority may 
extend the expiration date of the license and accept a late application for renewal of a 
license as long as the applicant has filed a timely renewal application with the 
municipality.  The state licensing authority or the municipality, in its discretion, 
subject to the requirements of section 2447 and based upon reasonable grounds, may 
waive the 30-day time requirements set forth in this subsection. 
C.  Notwithstanding the provisions of paragraph A, a licensee whose license has been 
expired for not more than 90 days may file a late renewal application upon the 
payment of a nonrefundable late application fee of $250 to the state licensing 
authority.  A licensee who files a late renewal application and pays the requisite fees 
may continue to operate until the state licensing authority takes final action to 
approve or deny the licensee's late renewal application unless the state licensing 
authority summarily suspends the license pursuant to subsection 16, this chapter and 
rules adopted pursuant to this chapter. 
D.  The state licensing authority may administratively extend the expiration date of a 
license and accept a later application for renewal of a license at the discretion of the 
state licensing authority. 
E.  The state licensing authority may, for good cause, elect to not renew a license. 
13.  Inactive licenses.  The state licensing authority, in its discretion, may revoke or 
elect not to renew any license if it determines that the licensed premises have been 
inactive, without good cause, for at least one year. 
14.  Unlawful financial assistance.  The state licensing authority shall require a 
complete disclosure of all persons having a direct or indirect financial interest, and the 
extent of such interest, in each license issued under this chapter.  This subsection is 
intended to prohibit and prevent the control of a retail marijuana store, retail marijuana 
cultivation facility, retail marijuana products manufacturing facility or retail marijuana 
social club by a person or party other than the persons licensed pursuant to the provisions 
of this chapter. 
15.  Denial of license.  The state licensing authority may, for good cause, deny 
approval of a license application.  Upon denial of a license application, the state licensing 
authority shall inform the applicant of the basis for denial and the right to appeal the 
denial in a hearing. 
16.  Disciplinary actions.  In addition to any other sanctions prescribed by this 
chapter, or rules adopted pursuant to this chapter, the state licensing authority has the 
power, on its own motion or on complaint, after investigation and opportunity for a public 
hearing at which the licensee must be afforded an opportunity to be heard, to fine a 
licensee or to suspend or revoke a license issued by the state licensing authority for a 
violation by the licensee, or by any of the agents or employees of the licensee, of the 
provisions of this chapter or any of the rules adopted pursuant to this chapter or of any of 
the terms, conditions or provisions of the license issued by the state licensing authority.  
The state licensing authority has the power to administer oaths and issue subpoenas to 
require the presence of persons and the production of papers, books and records necessary 
for a hearing that the state licensing authority is authorized to conduct. 
The state licensing authority shall provide notice of suspension, revocation, fine or other 
sanction, as well as the required notice of the hearing required by this subsection, by 
mailing the same in writing to the licensee at the address contained in the license and, if 
different, at the last address furnished to the state licensing authority by the licensee.  
Except in the case of a summary suspension, a suspension may not be for a period longer 
than 6 months. If a license is suspended or revoked, a part of the fees paid must be 
retained by the state licensing authority. 
Whenever a decision of the state licensing authority suspending a license for 14 days or 
less becomes final, the licensee may, before the operative date of the suspension, petition 
for permission to pay a fine in lieu of having the license suspended for all or part of the 
suspension period. Upon the receipt of the petition, the state licensing authority may, in 
its sole discretion, stay the proposed suspension and cause any investigation to be made 
that it considers desirable and may, in its sole discretion, grant the petition if the state 
licensing authority is satisfied that: 
A.  The public welfare would not be impaired by permitting the licensee to operate 
during the period set for suspension and that the payment of the fine will achieve the 
desired disciplinary purposes; and 
B.  The books and records of the licensee are kept in such a manner that the loss of 
sales that the licensee would have suffered had the suspension gone into effect can be 
determined with reasonable accuracy. 
The fine imposed may not be less than $500 nor more than $10,000.  Payment of a fine 
pursuant to the provisions of this subsection must be in the form of cash or in the form of 
a certified check or cashier's check made payable to the state licensing authority. 
Upon payment of the fine pursuant to this subsection, the state licensing authority shall 
enter its order permanently staying the imposition of the suspension.  Fines paid to the 
state licensing authority pursuant to this subsection must be transmitted to the Treasurer 
of State. 
In connection with a petition pursuant to this subsection, the authority of the state 
licensing authority is limited to the granting of such stays as are necessary for the state 
licensing authority to complete its investigation and make its findings and, if the state 
licensing authority makes such findings, to the granting of an order permanently staying 
the imposition of the entire suspension or that portion of the suspension not otherwise 
conditionally stayed. 
If the state licensing authority does not make the findings required in this subsection and 
does not order the suspension permanently stayed, the suspension goes into effect on the 
operative date finally set by the state licensing authority. 
No later than January 15th of each year, the state licensing authority shall compile a 
report of the preceding year's actions in which fines, suspensions or revocations were 
imposed by the state licensing authority.  The state licensing authority shall include this 
information in its annual report to the Legislature. 
17.  Disposition of unauthorized retail marijuana or retail marijuana products 
and related materials.  The following provisions apply to the disposition of 
unauthorized retail marijuana or retail marijuana products and related materials. 
A.  The provisions of this subsection apply in addition to any criminal, civil or 
administrative penalties and in addition to any other penalties prescribed by this 
chapter or any rules adopted pursuant to this chapter.  Every licensee is deemed, by 
virtue of applying for, holding or renewing that licensee's license, to have expressly 
consented to the procedures set forth in this subsection. 
B.  If the state licensing authority issues a final agency order imposing a disciplinary 
action against a licensee pursuant to subsection 16, then, in addition to any other 
remedies, the state licensing authority's final agency order may specify that some or 
all of the licensee's marijuana or marijuana products is not retail marijuana or a retail 
marijuana product and is an illegal controlled substance.  The order may further 
specify that the licensee loses any ownership interest in any of the marijuana or 
marijuana products even if the marijuana or marijuana products previously qualified 
as retail marijuana or a retail marijuana product.  The final agency order may direct 
the destruction of any such marijuana and marijuana products.  The authorized 
destruction may include the incidental destruction of any containers, equipment, 
supplies and other property associated with the marijuana or marijuana products. 
C.  A district attorney, or an assistant attorney general, shall notify the state licensing 
authority if an investigation of a retail marijuana establishment or retail marijuana 
social club is commenced.  If the state licensing authority has received notification 
from a district attorney, or an assistant attorney general, that an investigation is being 
conducted, the state licensing authority may not destroy any marijuana or marijuana 
products from the retail marijuana establishment or retail marijuana social club until 
the destruction is approved by the district attorney or assistant attorney general. 
D.  A state or local agency may not be required to cultivate or care for any retail 
marijuana or retail marijuana products belonging to or seized from a licensee.  A state 
or local agency is not authorized to sell marijuana, retail or otherwise. 
18.  Judicial review.  Final agency actions by the state licensing authority are subject 
to judicial review pursuant to Title 5, section 11001, et seq. 
§2449.  Local licensing 
1.  Municipality may regulate retail marijuana establishments and retail 
marijuana social clubs.  A municipality may regulate the location and operation of retail 
marijuana establishments and retail marijuana social clubs pursuant to Title 30-A, chapter 
187, subchapter 3.  A municipality may adopt and enforce regulations for retail marijuana 
establishments and retail marijuana social clubs that are at least as restrictive as the 
provisions of this chapter and any rule adopted pursuant to this chapter.  Nothing in this 
chapter prohibits the registered voters of a municipality from calling for a vote on any 
regulations adopted by a municipal legislative body. 
2.  Municipal approval required.  A retail marijuana establishment or retail 
marijuana social club may not operate until it is licensed by the state licensing authority 
pursuant to this chapter and approved by the municipality in which it is located.  If an 
application is denied by the municipality, the licensee has 90 days to locate and obtain 
legal interest in another property in a municipality that approves of the retail marijuana 
establishment or retail marijuana social club before the license is revoked. 
3.  Notice and portion of fee must be given to municipality.  When the state 
licensing authority receives an application for original licensing, or renewal of an existing 
license, for any retail marijuana establishment or retail marijuana social club, the state 
licensing authority shall, within 7 business days, provide a copy of the application and 
50% of the licensing fee to the municipality in which the establishment or club is to be 
located.  The municipality shall determine whether the application complies with the 
local land use ordinance and any other restrictions on time, place, manner and the number 
of marijuana businesses within the municipality.  The municipality shall inform the state 
licensing authority whether the application complies with the local land use ordinance 
and other local restrictions. 
4.  Municipality may impose licensing requirement.  A municipality may impose a 
separate local licensing requirement as a part of its restrictions on time, place, manner and 
the number of marijuana businesses.  A municipality may decline to impose any local 
licensing requirements, but a municipality shall notify the state licensing authority that it 
either approves or denies each application forwarded to it within 14 business days. 
5.  Public hearing notice.  The following provisions govern local public hearings 
and notice. 
A.  If a municipality issues local licenses for a retail marijuana establishment or retail 
marijuana social club, a public hearing on the application may be scheduled.  If the 
municipality schedules such a hearing, it shall post and publish public notice of the 
hearing not less than 10 days prior to the hearing.  The municipality shall give public 
notice by posting a sign in a conspicuous place on the premises identified in a local 
license application and by publication in a newspaper of general circulation in the 
county in which the premises are located. 
B.  If a municipality does not issue local licenses, the municipality may give public 
notice of the state application by posting a sign in a conspicuous place on the 
premises identified in the application and by publication in a newspaper of general 
circulation in the county in which the premises are located. 
§2450.  Transfer of ownership 
A license granted under the provisions of this chapter is not transferable except as 
provided in this section, but this section does not prevent a change of location as provided 
in section 2451, subsection 7. 
For a transfer of ownership, a licensee shall apply to the state licensing authority on 
forms prepared and furnished by the state licensing authority.  Upon receipt of an 
application for transfer of ownership, the state licensing authority shall, within 7 days, 
submit a copy of the application to the appropriate municipality to determine whether the 
transfer complies with any local restriction on transfer of ownership.  In determining 
whether to permit a transfer of ownership, the state licensing authority shall consider only 
the requirements of this chapter, any rules adopted by the state licensing authority and 
any other local restrictions.  The municipality may hold a hearing on the application for 
transfer of ownership.  The municipality may not hold a hearing pursuant to this section 
until the municipality has posted a notice of hearing in the manner described in section 
2449, subsection 5 on the licensed premises for a period of 10 days and has provided 
notice of the hearing to the applicant at least 10 days prior to the hearing.  Any transfer of 
ownership hearing by the state licensing authority must be held in compliance with the 
requirements specified for a municipality in this section. 
§2451.  Licensing in general 
The following provisions govern licensing in general. 
1.  Notice of new owner, officer, manager or employee.  A retail marijuana 
establishment or retail marijuana social club shall notify the state licensing authority in 
writing of the name, address and date of birth of an owner, officer, manager or employee 
before the new owner, officer, manager or employee begins managing, owning or 
associating with the establishment or club.  The owner, officer, manager or employee 
must pass a fingerprint-based criminal history record check as required by the state 
licensing authority and obtain the required identification card prior to being associated 
with, managing, owning or working at the establishment or club. 
2.  Each license separate.  Each license issued under this chapter is separate and 
distinct.  A person may not exercise any of the privileges granted under a license other 
than the license that the person holds and a licensee may not allow any other person to 
exercise the privileges granted under the licensee's license.  A separate license is required 
for each specific business or business entity and each geographical location. 
3.  Licensee to maintain possession of premises.  At all times, a licensee shall 
possess and maintain possession of the licensed premises identified in the license by 
ownership, lease, rental or other arrangement for possession of the premises. 
4.  License specifics; display.  A license issued pursuant to this chapter must specify 
the date of issuance, the period of licensure, the name of the licensee and the premises 
licensed.  A licensee shall conspicuously place the license at all times on the licensed 
premises. 
5.  Computation of time.  In computing any time prescribed by this chapter, the day 
of the act, event or default from which the designated time begins to run is not included. 
Saturdays, Sundays and legal holidays are counted as any other day except that any 
documents due to be submitted to state or local government on a date that falls on a 
Saturday, Sunday or legal holiday are due on the next business day. 
6.  Licensee to report transfer of interest.  A licensee shall report each transfer or 
change of financial interest in the license to the state licensing authority and appropriate 
municipality and receive approval prior to any transfer or change pursuant to section 
2450. 
7.  Relocation of licensed premises.  A licensee may move the permanent location 
of licensed premises to any other place in this State once permission to do so is granted 
by the state licensing authority and municipality where the retail marijuana establishment 
or retail marijuana social club proposes to relocate.  Upon receipt of an application for 
change of location, the state licensing authority shall, within 7 days, submit a copy of the 
application to the municipality to determine whether the transfer complies with all local 
restrictions on change of location.  In permitting a change of location, the municipality 
where the retail marijuana establishment or retail marijuana social club proposes to 
relocate shall consider all reasonable restrictions that are or may be placed upon the new 
location by the governing board of the municipality.  Any such change in location must 
be in accordance with all requirements of this chapter and rules adopted pursuant to this 
chapter. 
§2452.  Personal use of marijuana 
1.  Person 21 years of age or older.  A person 21 years of age or older may: 
A.  Use, possess or transport marijuana accessories and up to 2 1/2 ounces of 
prepared marijuana; 
B.  Transfer or furnish, without remuneration, up to 2 1/2 ounces of marijuana and up 
to 6 immature plants or seedlings to a person who is 21 years of age or older; 
C.  Possess, grow, cultivate, process or transport up to 6 flowering marijuana plants, 
immature plants and unlimited seedlings, and possess all the marijuana produced 
by the plants at the adult's residence; 
D.  Purchase up to 2 1/2 ounces of retail marijuana and marijuana accessories from a 
retail marijuana store; and 
E.  Purchase up to 12 seedlings or immature plants from a retail marijuana cultivation 
facility. 
2.  Home cultivation.  The following provisions apply to the home cultivation of 
marijuana for personal use by a person who is 21 years of age or older. 
A.  A person may cultivate up to 6 flowering marijuana plants at that person's place 
of residence, on property owned by that person or on another person's property with 
written permission of the owner of the property. 
B.  A person who elects to cultivate marijuana shall ensure the marijuana is not 
visible from a public way without the use of binoculars, aircraft or other optical aids 
and shall take reasonable precautions to prevent unauthorized access by a person 
under 21 years of age. 
3.  Legible tag on each marijuana plant.  A person 21 years of age or older must 
have a legible tag on each marijuana plant.  The tag must include at least the person's 
name and Maine driver's license number or Maine identification number. 
4.  Exemptions.  The following exemptions apply. 
A.  Marijuana cultivation for medical use is not considered cultivation for personal 
use under this chapter and is governed by Title 22, section 2423-A. 
B.  This section does not apply to cultivation by a registered dispensary licensed 
pursuant to Title 22, section 2428. 
5.  Use.  A person may consume marijuana in a nonpublic place including a private 
residence. 
A.  The prohibitions and limitations on smoking tobacco products in specified areas 
in Title 22, chapters 262 and 263 apply to smoking marijuana. 
B.  A person who smokes marijuana in a public place other than as governed by Title 
22, chapters 262 and 263 commits a civil violation for which a fine of not more than 
$100 may be adjudged. 
C.  This subsection may not be construed to shield any adult from federal 
prosecution. 
D.  This subsection may not be construed to allow any adult to possess or consume 
marijuana on federal property. 
§2453.  Unlawful acts and exceptions 
1.  Consumption; transfer.  Except as otherwise provided in this chapter, a person 
may not: 
A.  Consume retail marijuana or retail marijuana products in a retail marijuana 
establishment.  A retail marijuana establishment may not allow retail marijuana or 
retail marijuana products to be consumed upon its licensed premises; or 
B.  Buy, sell, transfer, give away or acquire retail marijuana or retail marijuana 
products. 
2.  Limited access area; transfer of ownership.  Except as otherwise provided in 
this chapter, a person licensed pursuant to this chapter may not: 
A.  Be within a limited access area unless the person's identification card is displayed 
as required by this chapter; 
B.  Fail to designate areas of ingress and egress for limited access areas and post 
signs in conspicuous locations as required by this chapter; or 
C.  Fail to report a transfer as required by section 2450. 
3.  Person licensed to sell retail marijuana or retail marijuana products.  A 
person licensed to sell retail marijuana or retail marijuana products pursuant to this 
chapter may not: 
A.  Display any signs that are inconsistent with local laws or regulations; 
B.  Use advertising material that is misleading, deceptive or false, or that is designed 
to appeal to a person under 21 years of age; 
C.  Have in that person's possession or upon the licensed premises any marijuana the 
sale of which is not permitted by the license; 
D.  Sell retail marijuana or retail marijuana products to a person under 21 years of age 
without checking the person's identification; 
E.  Except for a retail marijuana social club licensee, have on the licensed premises 
any retail marijuana, retail marijuana products or marijuana paraphernalia that shows 
evidence of the retail marijuana having been consumed or partially consumed; or 
F.  Violate the provisions of section 2450 or abandon the licensed premises or 
otherwise cease operation without notifying the state licensing authority and 
appropriate municipality at least 48 hours in advance and without accounting for and 
forfeiting to the state licensing authority for destruction all marijuana and products 
containing marijuana. 
§2454.  Construction 
1.  Relation to the Maine Medical Use of Marijuana Act. This chapter may not be 
construed to limit any privileges or rights of a qualifying patient, primary caregiver, 
registered or otherwise, or registered dispensary under the Maine Medical Use of 
Marijuana Act. 
2.  Employment policies.  This chapter may not be construed to require an employer 
to permit or accommodate the use, consumption, possession, trade, display, 
transportation, sale or growing of cannabis in the workplace.  This chapter does not affect 
the ability of employers to enact and enforce workplace policies restricting the use of 
marijuana by employees or to discipline employees who are under the influence of 
marijuana in the workplace. 
3.  School, employer or landlord may not discriminate.  A school, employer or 
landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 21 
years of age or older solely for that person's consuming marijuana outside of the school's, 
employer's or landlord's property. 
4.  Person may not be denied parental rights and responsibilities or contact with 
a minor child.  A person may not be denied parental rights and responsibilities with 
respect to or contact with a minor child as a result of acting in accordance with this 
chapter, unless the person's conduct is contrary to the best interest of the minor child as 
set out in Title 19-A, section 1653, subsection 3. 
Sec. 2.  22 MRSA §2383, sub-§1, as repealed and replaced by PL 2009, c. 652, 
Pt. B, §6, is repealed. 
Sec. 3.  36 MRSA §1817 is enacted to read: 
§1817.  Taxes on retail marijuana and retail marijuana products 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Retail marijuana" has the same meaning as in Title 7, section 2442, subsection 
34. 
B.  "Retail marijuana product" has the same meaning as in Title 7, section 2442, 
subsection 37. 
C.  "Retail marijuana social club" has the same meaning as in Title 7, section 2442, 
subsection 39. 
D.  "Retail marijuana store" has the same meaning as in Title 7, section 2442, 
subsection 40. 
E.  "State licensing authority" has the same meaning as in Title 7, section 2442, 
subsection 44. 
2.  Sales tax on retail marijuana and retail marijuana products.  The sales tax on 
retail marijuana and retail marijuana products is 10% and is the only tax charged on the 
sale of retail marijuana and retail marijuana products at the point of final sale at a retail 
marijuana store or retail marijuana social club. 
3.  Returns; payment of tax; penalty.  A retail marijuana store or retail marijuana 
social club shall file, on or before the last day of each month, a return on a form 
prescribed and furnished by the state licensing authority together with payment of the 
sales tax due under this section.  The return must report all sales of retail marijuana and 
retail marijuana products within the State during the preceding calendar month.  A retail 
marijuana store or retail marijuana social club shall keep a complete and accurate record 
at its principal place of business to substantiate all receipts and sales of retail marijuana 
and retail marijuana products. 
4.  Failure to make payments.  The state licensing authority shall adopt rules to 
address the case in which a retail marijuana store or retail marijuana social club fails to 
make tax payments as required by this section, including fines and other penalties up to 
permanently revoking the retail marijuana store's or retail marijuana social club's license.  
Rules adopted pursuant to this subsection are routine technical rules as described in Title 
5, chapter 375, subchapter 2-A. 
5.  Exemption.  The tax on marijuana imposed pursuant to this section may not be 
levied on marijuana sold by a registered nonprofit dispensary or registered caregiver to a 
qualifying patient or primary caregiver pursuant to Title 22, chapter 558-C. 
6.  Records.  The following records must be kept by a licensee and those records 
must be available for inspection by an agent of the state licensing authority: 
A.  The reports and transmittal of monthly sales tax payments by retail marijuana 
stores and retail marijuana social clubs; and 
B.  Authorization for the Bureau of Revenue Services to have access to licensing 
information to ensure sales, excise and income tax payment. 
7.  Application of tax revenues.  All sales tax revenue collected pursuant to this 
section must be deposited in the General Fund.  Sales tax revenue derived from the sale 
of retail marijuana and retail marijuana products may not be used to directly fund any 
new state programs except that this revenue may be appropriated to the Maine Criminal 
Justice Academy for the purpose of training law enforcement personnel on retail 
marijuana and retail marijuana products laws and rules.  Funds appropriated to the Maine 
Criminal Justice Academy pursuant to this subsection may be used only for the actual 
costs incurred to provide the necessary education and training of law enforcement 
personnel. 
SUMMARY 
This initiated bill allows the possession and use of marijuana by a person 21 years of 
age or older.  It provides for the licensure of retail marijuana facilities including retail 
marijuana cultivation facilities, retail marijuana products manufacturing facilities, retail 
marijuana testing facilities and retail marijuana stores.  It also provides for the licensure 
of retail marijuana social clubs where retail marijuana products may be sold to consumers 
for consumption on the licensed premises.  It provides for regulation and control of the 
cultivation, manufacture, distribution and sale of marijuana by the Department of 
Agriculture, Conservation and Forestry.  It allows the department to establish limitations 
on retail marijuana cultivation.  It allows a municipality to regulate the number of retail 
marijuana stores and the location and operation of retail marijuana establishments and to 
prohibit the operation of retail marijuana establishments in the municipality.  It also 
allows a municipality to require separate local licensing of retail marijuana 
establishments. 
The initiated bill allows a person 21 years of age or older to use, possess or transport 
marijuana accessories and up to 2 1/2 ounces of prepared marijuana; transfer or furnish, 
without remuneration, up to 2 1/2 ounces of marijuana and up to 6 immature plants or 
seedlings to a person who is 21 years of age or older; possess, grow, cultivate, process or 
transport up to 6 flowering marijuana plants, 12 immature marijuana plants and unlimited 
seedlings, and possess all the marijuana produced by the marijuana plants at that person's 
residence; purchase up to 2 1/2 ounces of marijuana and marijuana accessories from a 
retail marijuana store; and purchase up to 12 marijuana seedlings or immature marijuana 
plants from a retail marijuana cultivator.  It allows the home cultivation of marijuana for 
personal use of up to 6 flowering marijuana plants by a person 21 years of age or older. 
The initiated bill allows a person to consume marijuana in a nonpublic place 
including a private residence.  It provides that the prohibitions and limitations on smoking 
tobacco products in specified areas as provided by law apply to smoking marijuana and 
that a person who smokes marijuana in a public place other than as governed by law 
commits a civil violation for which a fine of not more than $100 may be adjudged. 
The initiated bill places a sales tax of 10% on retail marijuana and retail marijuana 
products.