An Act Relating to Marijuana Testing Facilities
Maine Legislature, Session 127, LD 1059
Committee: Health and Human Services
Sponsors: FARNSWORTH, HAMANN, HERBIG, SANDERSON
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-E, 22 MRSA §2428

Legislative Document 
No. 1059 
H.P. 728 
House of Representatives, March 24, 2015 
An Act Relating to Marijuana Testing Facilities 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative FARNSWORTH of Portland. 
Cosponsored by Representatives: HAMANN of South Portland, HERBIG of Belfast, 
SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2422, sub-§§5-C and 14-A are enacted to read: 
5-C.  Marijuana testing facility.  "Marijuana testing facility" means a public or 
private laboratory that: 
A.  Is licensed, certified or otherwise approved by the department in accordance with 
rules adopted by the department to analyze contaminants in and potency and 
cannabinoid profile of samples; 
B.  Is accredited pursuant to ISO/IEC 17025 of the International Organization for 
Standardization by a 3rd-party accrediting body or certified, registered or accredited 
by an organization approved by the department; and 
C.  Employs a director who holds a master's degree or higher in a relevant field of 
science. 
14-A.  Sample.  "Sample" means any marijuana or product containing marijuana 
regulated under this chapter that is provided for testing or research purposes to a 
marijuana testing facility by a dispensary, registered primary caregiver or qualifying 
patient. 
Sec. 2.  22 MRSA §2423-A, sub-§1, ¶G, as amended by PL 2013, c. 396, §3, is 
further amended to read: 
G.  Be in the presence or vicinity of the medical use of marijuana and assist any 
qualifying patient with using or administering marijuana; and 
Sec. 3.  22 MRSA §2423-A, sub-§1, ¶H, as enacted by PL 2013, c. 396, §4, is 
amended to read: 
H.  Accept excess prepared marijuana from a primary caregiver in accordance with 
subsection 2, paragraph H if nothing of value is provided to the primary caregiver.; 
and 
Sec. 4.  22 MRSA §2423-A, sub-§1, ¶I is enacted to read: 
I.  Provide samples to a marijuana testing facility for testing and research purposes. 
Sec. 5.  22 MRSA §2423-A, sub-§2, ¶J, as amended by PL 2013, c. 588, Pt. D, 
§3, is further amended to read: 
J.  Use a pesticide in the cultivation of marijuana if the pesticide is used consistent 
with federal labeling requirements, is registered with the Department of Agriculture, 
Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 
and is used consistent with best management practices for pest management 
approved by the Commissioner of Agriculture, Conservation and Forestry. A 
registered primary caregiver may not in the cultivation of marijuana use a pesticide 
unless the registered primary caregiver or the registered primary caregiver's employee 
is certified in the application of the pesticide pursuant to section 1471-D and any 
employee who has direct contact with treated plants has completed safety training 
pursuant to 40 Code of Federal Regulations, Section 170.130.  An employee of the 
registered primary caregiver who is not certified pursuant to section 1471-D and who 
is involved in the application of the pesticide or handling of the pesticide or 
equipment must first complete safety training described in 40 Code of Federal 
Regulations, Section 170.230; and 
Sec. 6.  22 MRSA §2423-A, sub-§2, ¶K, as reallocated by RR 2013, c. 1, §40, is 
amended to read: 
K.  For the purpose of disposing of excess prepared marijuana, transfer prepared 
marijuana to a registered dispensary for reasonable compensation.  The transfer of 
prepared marijuana by a primary caregiver to one or more dispensaries under this 
paragraph is limited to a registered primary caregiver.  A registered primary caregiver 
may not transfer more than 2 pounds of excess prepared marijuana for reasonable 
compensation under this paragraph in a calendar year.  A primary caregiver who 
transfers prepared marijuana pursuant to this paragraph does not by virtue of only that 
transfer qualify as a member of a collective.; 
Sec. 7.  22 MRSA §2423-A, sub-§2, ¶¶L and M are enacted to read: 
L.  If the primary caregiver is a registered primary caregiver, provide samples to a 
marijuana testing facility for testing and research purposes; and 
M.  If the primary caregiver is a registered primary caregiver, own and operate a 
marijuana testing facility for research and development purposes. 
Sec. 8.  22 MRSA §2423-A, sub-§3, ¶A, as amended by PL 2013, c. 374, §1, is 
further amended to read: 
A.  A patient who elects to cultivate marijuana plants must keep the plants in an 
enclosed, locked facility unless the plants are being transported because the patient is 
moving or taking the plants to the patient's own property in order to cultivate them.  
Access to the cultivation facility is limited to the patient, except that emergency 
services personnel, an employee of a marijuana testing facility or a person who needs 
to gain access to the cultivation facility in order to perform repairs or maintenance or 
to do construction may access the cultivation facility to provide those professional 
services while under the direct supervision of the patient. 
Sec. 9.  22 MRSA §2423-A, sub-§10 is enacted to read: 
10.  Marijuana testing facility.  The following provisions apply to marijuana testing 
facilities. 
A.  A marijuana testing facility may receive and possess samples from qualifying 
patients, registered primary caregivers and dispensaries to provide testing of the 
samples for the cannabinoid profile and potency of the samples and for contaminants 
in the samples, including but not limited to mold, mildew, heavy metals, plant-growth 
regulators and illegal pesticides. 
B.  An employee of a marijuana testing facility may have access to cultivation 
facilities pursuant to subsection 3, paragraph A and section 2428, subsection 6, 
paragraph I. 
C.  A marijuana testing facility shall: 
(1)  Properly dispose of medical marijuana residue in compliance with 
department rules; 
(2)  Maintain testing results as part of its business books and records; and 
(3)  Operate in accordance with security rules adopted by the department. 
D.  The department shall adopt routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A governing marijuana testing facilities, including, but not limited 
to: 
(1)  The form and content of marijuana labeling; 
(2)  Standards for the testing of samples by marijuana testing facilities; 
(3)  Requirements relating to the size of samples and collection methods for 
samples; 
(4)  Marijuana testing facility director qualification requirements; 
(5)  Required security for marijuana testing facilities; and 
(6)  Requirements for the licensing, certifying or other approval of marijuana 
testing facilities. 
Sec. 10.  22 MRSA §2423-E, sub-§9 is enacted to read: 
9.  Labels.  If a registered primary caregiver affixes a label on the packaging of any 
marijuana or product containing marijuana provided to a patient and that label includes 
the cannabinoid profile or potency of the marijuana or product containing marijuana, the 
label must be verified by a marijuana testing facility. 
Sec. 11.  22 MRSA §2428, sub-§6, ¶I, as amended by PL 2013, c. 501, §2, is 
further amended to read: 
I.  All cultivation of marijuana must take place in an enclosed, locked facility unless 
the marijuana plants are being transported between the dispensary and a location at 
which the dispensary cultivates the marijuana plants, as disclosed to the department 
in subsection 2, paragraph A, subparagraph (3).  The dispensary shall use a numerical 
identification system to enable the dispensary to track marijuana plants from 
cultivation to sale and to track prepared marijuana obtained pursuant to section 
2423-A, subsection 2, paragraph H from acquisition to sale.  Access to the cultivation 
facility is limited to a cardholder who is a principal officer, board member or 
employee of the dispensary when acting in that cardholder's official capacity, except 
that an elected official invited by a principal officer, board member or employee for 
the purpose of providing education to the elected official on cultivation by the 
dispensary, emergency services personnel, an employee of a marijuana testing facility 
or a person who needs to gain access to the cultivation facility in order to perform 
repairs or maintenance or to do construction may access the cultivation facility to 
provide professional services while under the direct supervision of a cardholder who 
is a principal officer, board member or employee of the dispensary. 
Sec. 12.  22 MRSA §2428, sub-§6, ¶¶M and N are enacted to read: 
M.  A dispensary may provide samples to a marijuana testing facility for testing and 
research purposes. 
N.  A dispensary may own and operate a marijuana testing facility for research and 
development purposes. 
Sec. 13.  22 MRSA §2428, sub-§12 is enacted to read: 
12.  Labels.  If a dispensary affixes a label on the packaging of any marijuana or 
product containing marijuana provided to a patient and that label includes the 
cannabinoid profile or potency of the marijuana or product containing marijuana, the 
label must be verified by a marijuana testing facility. 
Sec. 14.  Rules.  By December 31, 2015, the Department of Health and Human 
Services shall adopt rules pursuant to the Maine Revised Statutes, Title 22, section 
2423-A, subsection 10, paragraph D. 
SUMMARY 
This bill allows for the operation of marijuana testing facilities.  These facilities may 
possess marijuana regulated under the Maine Medical Use of Marijuana Act.  
Dispensaries and registered primary caregivers may own and operate marijuana testing 
facilities for research and development purposes.  If a label for medical marijuana refers 
to potency or cannabinoid profile, the label must be verified by a marijuana testing 
facility.