An Act To Allow for and Regulate the Adult Use of Cannabis
Maine Legislature, Session 127, LD 1401
Committee: Criminal Justice and Public Safety
Sponsors: DION, GERZOFSKY, HAMANN, HAWKE, O'CONNOR, PIERCE, SAWICKI, HASKELL
Amends: 22 MRSA §2383, 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2424, 22 MRSA §2425, 22 MRSA §2428, 28-A MRSA §2, 15 MRSA §5821-A, 17-A MRSA §1103, 17-A MRSA §1106, 17-A MRSA §1107-A, 17-A MRSA §1111-A, 17-A MRSA §1117, 17-A MRSA §1124, 7 MRSA §483, 7 MRSA §2231, 22 MRSA §2152, 22 MRSA §2158, 26 MRSA §772, 25 MRSA §2003, 5 MRSA §12004-I, 22 MRSA §264, 22 MRSA §283

Legislative Document 
No. 1401 
H.P. 950 
House of Representatives, May 12, 2015 
An Act To Allow for and Regulate the Adult Use of Cannabis 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative DION of Portland. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: HAMANN of South Portland, HAWKE of Boothbay Harbor, O'CONNOR of 
Berwick, PIERCE of Dresden, SAWICKI of Auburn, Senator: HASKELL of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  36 MRSA c. 723 is enacted to read: 
CHAPTER 723 
CANNABIS TAX 
§4921.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  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, 
cannabis fiber produced from the stalks of the cannabis plant, cake made from the seeds 
of the cannabis plant, sterilized seed of the cannabis plant that is incapable of germination 
or the weight of any ingredient combined with cannabis to prepare topical or oral 
administrations, food, drink or any other product. 
2.  Cannabis establishment.  "Cannabis establishment" means a commercial 
cannabis cultivation facility, cannabis testing facility, cannabis product manufacturing 
facility or retail cannabis store. 
3.  Cannabis product manufacturing facility. "Cannabis product manufacturing 
facility" means an entity licensed under Title 28-A, chapter 110 to: 
A.  Purchase cannabis from a commercial cannabis cultivation facility licensed by the 
State; 
B.  Manufacture, prepare and package cannabis products; and 
C.  Sell cannabis products to other cannabis product manufacturing facilities and to 
retail cannabis stores, but not to consumers. 
4.  Cannabis products.  "Cannabis products" means concentrated cannabis and 
products that consist of cannabis and other ingredients and that are intended for use or 
consumption, including, but not limited to, edible products, ointments and tinctures. 
5.  Cannabis testing facility.  "Cannabis testing facility" means a public or private 
laboratory licensed and certified by the Department of Health and Human Services or 
accredited pursuant to standard ISO/IEC 17025 of the International Organization for 
Standardization by a 3rd-party accrediting body approved by the Department of Health 
and Human Services, such as the American Association for Laboratory Accreditation or 
the ANSI-ASQ National Accreditation Board, to analyze cannabis or cannabis products 
for contaminants, potency and cannabinoid profile. 
6.  Commercial cannabis cultivation facility.  "Commercial cannabis cultivation 
facility" means an entity licensed under Title 28-A, chapter 110 to cultivate, prepare and 
package cannabis and to sell cannabis to retail cannabis stores, to cannabis product 
manufacturing facilities and to other cannabis cultivation facilities, but not to consumers. 
7.  Retail cannabis store.  "Retail cannabis store" means an entity licensed under 
Title 28-A, chapter 110 to purchase or receive cannabis from a commercial cannabis 
cultivation facility and cannabis products from a cannabis product manufacturing facility 
and to sell cannabis and cannabis products to consumers. 
§4922.  Sales tax on cannabis products 
1.  Rate.  In addition to the sales tax imposed pursuant to section 1811, a tax at the 
rate of 10% is imposed on the sale of cannabis and cannabis products sold at retail 
cannabis stores. 
2.  Exemption.  The sale of marijuana to qualifying patients pursuant to Title 22, 
chapter 558-C is exempt from the tax imposed by this section. 
3.  Rate review.  The Department of Administrative and Financial Services, Bureau 
of Alcoholic Beverages, Cannabis and Lottery Operations annually shall review the tax 
rate established under this section and make recommendations to the Legislature as 
appropriate regarding reductions to the tax rate for the purpose of reducing the cost of 
legally available cannabis to a cost that is below the cost of cannabis that is sold illegally. 
§4923.  Application of tax revenue 
1.  Application of sales tax revenue.  Revenue derived from the sales tax imposed 
by section 4922 must be credited to a General Fund suspense account and disbursed as 
provided in this subsection. 
A.  On or before the last day of each month, the State Controller shall transfer 10% of 
the revenue received by the assessor during the preceding month from the tax 
imposed by section 4922 to the Cannabis Regulation and Licensing Fund established 
under Title 28-A, section 3010 for the purpose of enforcement checks to deter 
underage sales and other related activities. 
B.  On or before the last day of each month, the State Controller shall transfer 10% of 
the revenue received by the assessor during the preceding month from the tax 
imposed by section 4922 to be apportioned to the counties and municipalities in the 
State as follows. 
(1)  Each municipality must receive a percentage determined by dividing the 
amount of revenue collected from the tax imposed by section 4922 on retail 
cannabis and cannabis product sales within that municipality by the total amount 
of revenue collected statewide from the tax imposed by section 4922 on retail 
cannabis and cannabis product sales. 
(2)  Each county must receive a percentage determined by dividing the amount of 
revenue collected from the tax imposed by section 4922 on retail cannabis and 
cannabis product sales in the unincorporated area of the county by the total 
amount of revenue collected statewide from the tax imposed by section 4922 on 
retail cannabis and cannabis product sales. 
C.  On or before the last day of each month, the State Controller shall transfer 10% of 
the revenue received by the assessor during the preceding month from the tax 
imposed by section 4922 to the Fund for a Healthy Maine for the elderly low-cost 
drug program conducted by the Department of Health and Human Services pursuant 
to Title 22, section 254-D. 
D.  On or before the last day of each month, the State Controller shall transfer 10% of 
the revenue received by the assessor during the preceding month from the tax 
imposed by section 4922 to the Department of Education to fund public school 
construction. 
E.  Until January 1, 2022, on or before the last day of each month, the State 
Controller shall transfer 10% of the revenue received by the assessor during the 
preceding month from the tax imposed by section 4922 to the Cannabis Research 
Fund established under Title 22, section 264. 
F.  On or before the last day of each month, the State Controller shall transfer 10% of 
the revenue received by the assessor during the preceding month pursuant to the tax 
imposed by section 4922 to the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention for the purpose of an ongoing public 
awareness campaign to reduce the use of cannabis by persons under 21 years of age 
and reduce alcohol and tobacco consumption. 
G.  On or before the last day of each month, the State Controller shall transfer 10% of 
the revenue received by the assessor during the preceding month from the tax 
imposed by section 4922 to the Medical Care Services Other Special Revenue Funds 
account within the Department of Health and Human Services. 
H.  On or before the last day of each month, the State Controller shall transfer the 
balance of the revenue remaining in the account after the transfers required by 
paragraphs A to G to the General Fund. 
§4924.  Annual report 
The bureau shall report annually beginning January 30, 2017 the amount of tax 
revenue collected pursuant to section 4922 and the amount distributed to each fund 
pursuant to section 4923 to the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs and the joint standing committee of 
the Legislature having jurisdiction over taxation matters. 
Sec. A-2.  Review and report recommendations.  The Department of 
Administrative and Financial Services, Bureau of Revenue Services shall review methods 
for ensuring that all cannabis that is sold in the State is assessed, except cannabis that is 
exempt pursuant to the Maine Revised Statutes, Title 36, section 4922, subsection 2. The 
bureau shall report its findings and recommendations, including any necessary legislation, 
to the joint standing committee of the Legislature having jurisdiction over taxation 
matters by February 15, 2017. The joint standing committee is authorized to submit a bill 
to the First Regular Session of the 128th Legislature based on the subject matter of the 
report. 
PART B 
Sec. B-1.  22 MRSA §2383, sub-§1, as repealed and replaced by PL 2009, c. 652, 
Pt. B, §6, is repealed. 
Sec. B-2.  22 MRSA §2383, sub-§1-A is enacted to read: 
1-A.  Cannabis.  Except as provided in chapter 558-C, a person under 21 years of 
age may not possess cannabis. 
A.  A person under 21 years of age who possesses cannabis commits a civil violation 
for which a fine of not less than $100 may be adjudged. 
B.  A judge, as an alternative to or in addition to the civil fine specified in paragraph 
A, may assign a person under 21 years of age who possesses cannabis in violation of 
this subsection to perform specified work for the benefit of the State or a municipality 
or other public entity or a charitable institution. 
C.  This subsection may not be construed to protect a person from federal 
prosecution. 
Sec. B-3.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 22, chapter 558, in the chapter headnote, the words 
"marijuana, scheduled drugs, imitation scheduled drugs and hypodermic apparatuses" are 
amended to read "cannabis, scheduled drugs, imitation scheduled drugs and hypodermic 
apparatuses" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
PART C 
Sec. C-1.  22 MRSA §2422, sub-§6, as amended by PL 2011, c. 407, Pt. B, §7, is 
further amended to read: 
6.  Registered dispensary.  "Registered dispensary" or "dispensary" means a not-for-
profit an entity registered under section 2428, subsection 2 that acquires, possesses, 
cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses 
marijuana or related supplies and educational materials to qualifying patients and the 
primary caregivers of those patients.   
Sec. C-2.  22 MRSA §2422, sub-§10, as enacted by IB 2009, c. 1, §5, is repealed. 
Sec. C-3.  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. C-4.  22 MRSA §2423-A, sub-§10 is enacted to read: 
10.  Inspection.  A primary caregiver's cultivation facility is subject to reasonable 
inspection by the department.  The department may enter the cultivation facility at any 
time, without notice, to carry out an inspection under this subsection. 
Sec. C-5.  22 MRSA §2424, sub-§4 is enacted to read: 
4.  Rules.  The department shall adopt rules governing the manner in which it 
considers applications for and renewals of the registry identification card for a primary 
caregiver, including rules governing: 
A.  The form and content of an application or a renewal application; 
B.  Minimum oversight requirements for a primary caregiver's cultivation facility; 
C.  Minimum record-keeping requirements for a primary caregiver, including a 
requirement to record the disposal of marijuana that is not distributed by the primary 
caregiver to a qualifying patient who has designated the primary caregiver to 
cultivate for that patient; 
D.  Minimum security requirements for a primary caregiver's cultivation facility; and 
E.  Procedures for suspending or terminating the registry identification card of a 
primary caregiver who violates the provisions of this chapter or the rules adopted 
pursuant to this subsection. 
Sec. C-6.  22 MRSA §2425, sub-§4, as amended by PL 2013, c. 396, §10, is 
further amended to read: 
4.  Primary caregiver registry identification card; cap.  The Until December 31, 
2015, the department shall issue a registry identification card to each registered primary 
caregiver, if any, who is named in a registered patient's approved application pursuant to 
subsection 1, paragraph E and, if the registered primary caregiver employs an employee 
pursuant to section 2423-A, subsection 2, paragraph I, to that employee.  Beginning 
January 1, 2016, the department shall limit the number of primary caregivers issued a 
registry identification card to the number of primary caregivers registered with the 
department on December 31, 2015. 
Sec. C-7.  22 MRSA §2428, sub-§2, ¶A, as amended by PL 2013, c. 394, §7, is 
further amended to read: 
A.  The department shall register a dispensary and issue a registration certificate or 
renew a registration certificate within 30 days to any person or entity that provides: 
(1)  An annual fee paid to the department as set by rule pursuant to section 2425, 
subsection 12, paragraph C; 
(2)  The legal name of the dispensary, evidence of incorporation under Title 13-B 
the laws of this State and evidence that the corporation is in good standing with 
the Secretary of State; 
(3)  The physical address of the dispensary and the physical address of a 
maximum of one additional location, if any, where marijuana will be cultivated 
for patients who have designated the dispensary to cultivate for them.  If a 
registered dispensary changes the physical location of the dispensary or the 
location at which it cultivates marijuana, the dispensary shall notify the 
department on a location change form provided by the department, pay a change 
fee as established in section 2425, subsection 12, paragraph C and obtain a new 
registration certificate from the department; 
(4)  The name, address and date of birth of each principal officer and board 
member of the dispensary; and 
(5) The name, address and date of birth of any person who is employed by the 
dispensary. 
Sec. C-8.  22 MRSA §2428, sub-§2, ¶E is enacted to read: 
E.  If a registered dispensary reorganizes under Title 13-C with at least 2/3 of the 
same board members as in that registered dispensary's previous organization under 
Title 13-B, for all licensure purposes under this chapter, that reorganized registered 
dispensary is deemed to be the same registered dispensary previously formed under 
Title 13-B. 
Sec. C-9.  22 MRSA §2428, sub-§6, ¶A, as amended by PL 2011, c. 407, Pt. B, 
§32, is further amended to read: 
A.  A dispensary must be operated on a not-for-profit basis for the mutual benefit of 
qualifying patients who have designated the dispensary to cultivate marijuana.  The 
bylaws of a dispensary and its contracts with qualifying patients must contain such 
provisions relative to the disposition of revenues and receipts as may be necessary 
and appropriate to establish and maintain its not-for-profit status.  A dispensary need 
not be recognized as a tax-exempt organization under 26 United States Code, Section 
501(c)(3) but is required to shall incorporate pursuant to Title 13-B the laws of this 
State and to maintain the corporation in good standing with the Secretary of State. 
Sec. C-10.  28-A MRSA Pt. 9 is enacted to read: 
PART 9 
CANNABIS REGULATION 
CHAPTER 110 
CANNABIS REGULATION ACT 
§3001.  Short title 
This chapter may be known and cited as the Cannabis Regulation Act. 
§3002.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  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, 
cannabis fiber produced from the stalks of the cannabis plant, cake made from the seeds 
of the cannabis plant, sterilized seed of the cannabis plant that is incapable of germination 
or the weight of any ingredient combined with cannabis to prepare topical or oral 
administrations, food, drink or any other product. 
2.  Cannabis accessories.  "Cannabis accessories" means equipment, products or 
materials of any kind that are used, or intended or designed for use, in planting, 
propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, 
converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, 
storing, vaporizing or containing cannabis or for ingesting, inhaling or otherwise 
introducing cannabis into the human body. 
3.  Cannabis establishment.  "Cannabis establishment" means a commercial 
cannabis cultivation facility, cannabis testing facility, cannabis product manufacturing 
facility or retail cannabis store. 
4.  Cannabis product manufacturing facility.  "Cannabis product manufacturing 
facility" means an entity licensed to: 
A.  Purchase cannabis from a commercial cannabis cultivation facility licensed by the 
State; 
B.  Manufacture, prepare and package cannabis products; and 
C.  Sell cannabis products to other cannabis product manufacturing facilities and to 
retail cannabis stores, but not to consumers. 
5.  Cannabis products.  "Cannabis products" means concentrated cannabis and 
products that consist of cannabis and other ingredients and that are intended for use or 
consumption, including, but not limited to, edible products, ointments and tinctures. 
6.  Cannabis testing facility.  "Cannabis testing facility" means a public or private 
laboratory licensed and certified by the Department of Health and Human Services or 
accredited pursuant to standard ISO/IEC 17025 of the International Organization for 
Standardization by a 3rd-party accrediting body approved by the Department of Health 
and Human Services, such as the American Association for Laboratory Accreditation or 
the ANSI-ASQ National Accreditation Board, to analyze cannabis or cannabis products 
for contaminants, potency and cannabinoid profile. 
7.  Commercial cannabis cultivation facility.  "Commercial cannabis cultivation 
facility" means an entity licensed to cultivate, prepare and package cannabis and sell 
cannabis to retail cannabis stores, to cannabis product manufacturing facilities and to 
other cannabis cultivation facilities, but not to consumers. 
8.  Consumer.  "Consumer" means a person 21 years of age or older who possesses 
cannabis or cannabis products for personal use or use by persons 21 years of age or older, 
but not for resale to others. 
9.  Licensee.  "Licensee" means any individual, partnership, corporation, firm, 
association or other legal entity holding a cannabis establishment license under section 
3007 within the State. 
10.  Locality.  "Locality" means a municipality or, in reference to a location in the 
unorganized territory, the county. 
11.  Qualifying application.  "Qualifying application" means a license application 
that meets the standards set forth in rules adopted by the bureau pursuant to section 3003, 
subsection 2. 
12.  Retail cannabis store.  "Retail cannabis store" means an entity licensed to 
purchase or receive cannabis from a commercial cannabis cultivation facility and 
cannabis products from a cannabis product manufacturing facility and to sell cannabis 
and cannabis products to consumers. 
13.  Sample.  "Sample" means cannabis or a cannabis product regulated under this 
chapter that is provided for testing or research purposes to a cannabis testing facility. 
14.  Seedling.  "Seedling" means a female cannabis plant that is not in a flowering 
state. 
§3003.  Bureau duties 
The bureau is responsible for the administration of the Cannabis Regulation Act.  The 
bureau shall: 
1.  General supervision.  Enforce the laws and rules relating to the manufacturing, 
processing, labeling, storing, transporting, testing and selling of cannabis by cannabis 
establishments and administer those laws relating to licensing; 
2.  Rules.  Establish rules consistent with this chapter for the administration and 
enforcement of laws regulating and licensing cannabis establishments, including rules to 
prevent the sale of cannabis by licensees to minors and intoxicated persons by 
establishing a method to verify the age of consumers with a government-issued 
photograph identification document or credential and rules for a streamlined license 
application process. Rules adopted pursuant to this subsection are routine technical rules 
under Title 5, chapter 375, subchapter 2-A; 
3.  Inspections.  Perform regular inspections of cannabis establishments before 
issuing a license, before issuing a renewal of a license or when investigating complaints 
alleging violations of this chapter; 
4.  Licensing.  Pursuant to section 3007, issue commercial cannabis cultivation 
facility, cannabis testing facility, cannabis product manufacturing facility and retail 
cannabis store licenses, or combined, comprehensive licenses that may not include 
licensing for a cannabis testing facility; 
5.  Certification.  Certify monthly to the Treasurer of State a complete statement of 
revenues and expenses for licenses issued by the bureau and of revenues collected by the 
Department of Administrative and Financial Services, Bureau of Revenue Services under 
Title 36, section 4922 and submit by January 15th annually a report that includes a 
complete statement of the revenues and expenses of the bureau to the Governor and the 
Legislature; 
6.  Suspension and revocation of licenses.  Suspend or revoke the license of a 
licensee in accordance with rules adopted by the bureau and the Maine Administrative 
Procedure Act. A cannabis establishment whose license is suspended or revoked pursuant 
to this subsection may: 
A.  Continue to possess cannabis during the time the cannabis establishment's license 
is suspended, but it may not dispense, transfer or sell cannabis, cannabis products or 
cannabis accessories. If the cannabis establishment is a commercial cannabis 
cultivation facility, it may continue to cultivate cannabis plants during the time its 
license is suspended. Cannabis may not be removed from the licensed premises 
except as authorized by the bureau and only for the purpose of destruction; and 
B.  Possess cannabis for up to 14 days after the revocation of its license and the final 
disposition of appeals of that revocation, during which time the cannabis 
establishment shall dispose of its inventory of cannabis in accordance with bureau 
rules; 
7.  Examine applicants.  Examine the qualifications and backgrounds of all 
applicants for cannabis establishment licenses for compliance with this chapter prior to 
issuing a license; 
8.  Priorities.  Give first priority for tier 1 and tier 2 commercial cannabis cultivation 
facility licenses to registered primary caregivers that are in compliance with Title 22, 
chapter 558-C and for tier 3 commercial cannabis cultivation facility licenses to 
registered dispensaries that are in compliance with Title 22, chapter 558-C; and 
9.  Annual report.  Beginning January 15, 2017 and annually thereafter, report to the 
joint standing committee of the Legislature having jurisdiction over cannabis regulation 
matters. The report must include, but is not limited to, all rules adopted by the bureau and 
statistics regarding the number of cannabis establishment applications received and 
establishments licensed, the licensing fees collected during the year immediately prior to 
the report and any violations found during inspections performed pursuant to subsection 
3. The report also must include statistical data regarding cannabis use by minors and 
perceptions of minors regarding the safety of cannabis, tobacco, alcohol and controlled 
substances. 
§3004.  Exemption from criminal and civil penalties, seizure or 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 that does not prohibit 
the operation of a cannabis establishment pursuant to section 3009 or serve as a basis for 
seizure or forfeiture of assets under state law. 
This chapter may not be construed to protect an individual, partnership, corporation, 
firm, association or other legal entity from federal prosecution. 
§3005.  Personal use of cannabis 
1.  Personal use of cannabis.  A person 21 years of age or older may: 
A.  Transport cannabis accessories and up to one ounce of cannabis, or its equivalent 
in cannabis products; 
B.  Transfer or furnish, without remuneration, up to one ounce of cannabis, or its 
equivalent in cannabis products, to a person who is 21 years of age or older; 
C.  Possess, grow, cultivate, process or transport up to 3 cannabis plants and up to 6 
seedlings and possess the cannabis produced by the cannabis plants on the premises 
where the plants were grown; and 
D.  Purchase up to one ounce of cannabis, or its equivalent in cannabis products, 
cannabis seedlings, clones, seeds and cannabis accessories from a retail cannabis 
store.  For purposes of this paragraph, "clone" means a cutting from a mature 
cannabis plant that may be replanted and raised to produce cannabis buds. 
2.  Restrictions on cannabis cultivation.  The following provisions apply to the 
cultivation of cannabis for personal use by a person who is 21 years of age or older. 
A.  A person who is not a qualifying patient under Title 22, chapter 558-C may 
cultivate up to 3 flowering cannabis plants at that person's place of residence, on 
property owned by that person or, with the permission of the owner, on another 
person's property. 
B.  A person who elects to cultivate cannabis shall take reasonable precautions to 
ensure the plants and cannabis products are secure from unauthorized access or 
access by a person under 21 years of age. Reasonable precautions include, but are not 
limited to, cultivating cannabis in an enclosed, locked indoor or outdoor facility to 
which a person under 21 years of age does not reasonably have access. 
C.  Cannabis cultivation for medical use is not considered cultivation for personal use 
under this chapter and is governed by Title 22, chapter 558-C. 
This subsection may not be construed to deny a property owner the right to prohibit 
cannabis farming or cultivation on that person's property. 
3.  Use.  The use of cannabis by a person 21 years of age or older is governed by this 
subsection. 
A.  This chapter does not permit a person to consume cannabis in a manner that 
endangers others. 
B.  A person who smokes cannabis in a public place commits a civil violation for 
which a fine of $100 may be adjudged. 
C.  This chapter may not be construed to allow an adult to possess or consume 
cannabis on federal property. 
D.  A person may allow consumption of cannabis on that person's private property. 
§3006.  Cannabis establishments 
1.  Cannabis establishments.  A cannabis establishment may engage in the 
cultivation, manufacture, possession or purchase of cannabis, cannabis products and 
cannabis accessories or sell cannabis, cannabis products or cannabis accessories to a 
consumer as described in this subsection. 
A.  A retail cannabis store may: 
(1)  Possess, display or transport cannabis, cannabis products or cannabis 
accessories; 
(2)  Purchase cannabis from a commercial cannabis cultivation facility; 
(3)  Purchase cannabis products from a cannabis product manufacturing facility; 
(4)  Sell cannabis, cannabis products or cannabis accessories to consumers; and 
(5)  Provide samples to a cannabis testing facility. 
B.  A commercial cannabis cultivation facility may: 
(1)  Cultivate, harvest, process, package, transport, display or possess cannabis; 
(2)  Deliver or transfer samples to a cannabis testing facility; and 
(3)  Sell cannabis to a cannabis product manufacturing facility, a retail cannabis 
store or a commercial cannabis cultivation facility. 
C.  A cannabis product manufacturing facility may: 
(1)  Package, process, transport, manufacture or possess cannabis or cannabis 
products; 
(2)  Deliver or transfer samples to a cannabis testing facility; 
(3)  Sell cannabis products to a retail cannabis store or a cannabis product 
manufacturing facility; and 
(4)  Purchase cannabis from a commercial cannabis cultivation facility. 
D.  A cannabis testing facility may possess, process, store, transport, transfer or 
deliver samples. 
A cannabis establishment may lease or otherwise allow the use of property owned, 
occupied or controlled by a person, corporation or other entity for any of the activities 
conducted lawfully in accordance with paragraphs A to D. 
2.  Medical marijuana dispensaries.  A registered dispensary licensed pursuant to 
Title 22, chapter 558-C may be licensed as any or all of the types of cannabis 
establishments in this chapter. 
After the adoption by the bureau of rules to implement this chapter, each registered 
dispensary licensed under Title 22, chapter 558-C is deemed to have a provisional license 
to operate one commercial cannabis cultivation facility, one cannabis product 
manufacturing facility and one retail cannabis store; except that, if the Department of 
Health and Human Services approved a registered dispensary for cultivation under Title 
22, chapter 558-C, that registered dispensary is deemed to only have a license to operate 
one commercial cannabis cultivation facility.  Upon demonstration of compliance with 
these rules during the annual renewal, the registered dispensary must be granted a full 
license.  A registered dispensary shall pay the appropriate cannabis establishment 
licensing fees as established by the bureau and submit to a site inspection by the bureau to 
ensure compliance with this chapter.  A registered dispensary shall demonstrate 
compliance with this chapter upon renewal of its cannabis establishment license. 
3.  Construction.  This section may not be construed to prevent the imposition of 
penalties for violating this chapter or state or local rules adopted pursuant to this chapter. 
§3007.  Licensing of cannabis establishments 
1.  Applications.  The bureau shall begin accepting and processing applications for 
cannabis establishment licenses by August 1, 2016.  An applicant for a cannabis 
establishment license shall file an application in the form required by the bureau for the 
type of cannabis establishment license sought along with the nonrefundable license 
application fee, as set by the bureau. An applicant may apply for and be granted more 
than one type of cannabis establishment license. 
2.  Local consultation.  Upon receiving an application for a cannabis establishment 
license, the bureau shall immediately forward a copy of the application and 25% of the 
nonrefundable license application fee to the locality in which the applicant desires to 
operate. 
3.  License issued.  The bureau shall issue or renew a license to operate a cannabis 
establishment to an applicant who meets the requirements of the bureau as set forth in 
rule and in subsection 11 within 90 days of the date of receipt of the application unless: 
A.  The bureau finds the applicant is not in compliance with this section or rules 
adopted by the bureau; 
B.  The bureau is notified by the relevant locality that the applicant is not in 
compliance with an ordinance, rule or regulation made pursuant to section 3009 and 
in effect at the time of application; or 
C.  The number of cannabis establishments allowed in the locality has been limited 
pursuant to section 3009 or is limited by subsection 6 and the bureau has already 
licensed the maximum number of cannabis establishments allowed in the locality for 
the category of license that is sought. 
4.  License fees.  The bureau shall determine the revenue needed to establish the 
licensing and enforcement operations of the bureau and set the licensing fees in 
proportion to the size categories established in subsection 7. 
5.  Competing applications.  The following provisions apply when the number of 
applications received by the bureau exceeds the number of cannabis establishments in a 
locality permitted pursuant to this chapter. 
A.  If a greater number of applications are received from qualified applicants to 
operate a cannabis establishment in a locality than are allowed under the limits 
enacted by the locality pursuant to section 3009 or pursuant to subsection 6, the 
bureau shall solicit and consider input from the locality.  Within 90 days of the date 
the first application is received, the bureau shall issue the maximum number of 
applicable licenses for each type of cannabis establishment license application 
received. 
B.  In any competitive application process to determine which applicants will receive 
licenses for any class of cannabis establishment, the bureau shall give first preference 
to an applicant who has at least 2 years of previous experience cultivating cannabis in 
compliance with the laws of this State.  In order to demonstrate compliance with state 
law, the applicant shall provide evidence of compliance with Title 22, chapter 558-C 
and at least 2 years of state and federal tax records. 
6.  Limitation on number of retail cannabis stores.  Unless a locality has 
prohibited retail cannabis stores and as long as at least one qualifying application is 
received, the bureau shall license retail cannabis stores as provided in this subsection. 
A.  For a county with a population of: 
(1)  At least 200,000 residents, the bureau may license a maximum of 3 retail 
cannabis stores; 
(2)  Fewer than 200,000 residents but more than 150,000 residents, the bureau 
may license a maximum of 2 retail cannabis stores; and 
(3)  Fewer than 150,000 residents, the bureau may license a maximum of one 
retail cannabis store. 
B.  For a municipality with a population of: 
(1)  At least 20,000 residents, the bureau may license a maximum of 2 retail 
cannabis stores; and 
(2)  Fewer than 20,000 residents, the bureau may license a maximum of one retail 
cannabis store. 
C.  A retail cannabis store may not be located within 2 miles of another retail 
cannabis store. 
D.  Notwithstanding the limits imposed under paragraph A, after January 1, 2017, if 
the bureau determines that sufficient demand exists, it may license one or more 
additional retail cannabis stores in each county. 
7.  Commercial cannabis cultivation facility licensing.  An applicant for a 
commercial cannabis cultivation facility license shall designate the size category of the 
production premises and the amount of actual square footage in the premises that will be 
designated as plant canopy.  For purposes of this subsection, "plant canopy" means the 
area covered by the flowering tops of harvestable female cannabis plants. 
A.  There are 3 size categories of commercial cannabis cultivation facilities: 
(1)  Tier 1, which has less than 500 square feet of plant canopy; 
(2)  Tier 2, which has at least 500 square feet of plant canopy but less than 2,500 
square feet of plant canopy; and 
(3)  Tier 3, which has at least 2,500 square feet of plant canopy. 
B.  The number of licenses that the bureau may issue for each tier facility is specified 
in this paragraph. 
(1)  The bureau shall issue at least 200 but may not issue more than 500 tier 1 
licenses. 
(2)  The bureau may not issue more than 10 tier 2 licenses. 
(3)  The bureau may not issue more than 7 tier 3 licenses. 
C.  Each tier 1 commercial cannabis cultivation facility must be separated by at least 
feet from another tier 1 commercial cannabis cultivation facility. 
D.  Notwithstanding the limits imposed under paragraph B, after January 1, 2017, if 
the bureau determines that sufficient demand exists, it may license one or more 
additional cultivation facilities in each category. 
8.  Limitation on number of cannabis product manufacturing facility licenses.  
The bureau may adopt rules to limit the number of cannabis product manufacturing 
facility licenses it issues.  Rules adopted pursuant to this subsection are routine technical 
rules under Title 5, chapter 375, subchapter 2-A. 
9.  Reasons for denial.  Upon denial of a license application under this section, the 
bureau shall notify the applicant in writing of the specific reason for its denial. 
10.  License term.  All licenses issued or renewed under this chapter are effective for 
one year from the date of issuance or renewal. 
11.  Qualifications.  This subsection governs the qualifications for licensure as a 
cannabis establishment. 
A.  A person applying for a cannabis establishment license must have proof that the 
person has lived in the State for a minimum of 2 years prior to applying. If a 
corporation is applying for a cannabis establishment license, the board of that 
corporation must be controlled by residents of this State who can prove that they have 
lived in this State for at least 2 years immediately prior to applying. 
B.  A corporation applying for a cannabis establishment license must be chartered by 
this State. 
C.  A person who has been convicted of a disqualifying drug offense is not eligible to 
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 one year 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. 
D.  A person who has had a license for a cannabis establishment revoked pursuant to 
section 3003, subsection 6 is not eligible to be a licensee. 
E.  If an applicant is a corporation, the applicant may not be issued a license if a 
principal officer of the corporation is personally ineligible under paragraph A, C or 
D. 
F.  If a registered dispensary reorganizes under Title 13-C with at least 2/3 of the 
same board members as in that registered dispensary's previous organization under 
Title 13-B, for all licensure purposes under this chapter, that reorganized registered 
dispensary is deemed to be the same registered dispensary previously formed under 
Title 13-B. 
12.  General cannabis establishment operations.  This subsection governs the 
operation of a cannabis establishment. 
A.  A cannabis establishment may not be located within 1,000 feet of the property 
line of a preexisting public or private school. The distance must be measured from the 
main entrance of the cannabis establishment to the main entrance of the school by the 
ordinary course of travel. 
B.  A cannabis establishment licensee shall implement appropriate security measures, 
consistent with rules adopted by the bureau, that are designed to: 
(1)  Control entrance into areas containing cannabis; 
(2)  Prevent the theft of cannabis located on the premises or being transported to 
or from the premises by the licensee; 
(3)  Prevent tampering with or adulteration of the cannabis products; and 
(4)  Prevent access to cannabis by or sales of cannabis to minors, except that a 
cannabis establishment that is a registered dispensary may continue to serve its 
qualifying patients as permitted under Title 22, chapter 558-C. 
C.  A cannabis establishment licensee shall prepare and maintain documents that 
include all aspects of operations and procedures to ensure accurate record keeping. 
D.  A cannabis establishment shall make available for inspection its license at the 
premises to which that license applies. A cannabis establishment licensee may not at 
any time refuse a representative of the bureau the right to inspect the entire licensed 
premises or to audit the books and records of the licensee. 
E.  A retail cannabis store may not sell cannabis to a visibly intoxicated person. 
F.  A cannabis establishment may not allow a minor to: 
(1)  Enter or remain on the premises unless the minor is emergency personnel or 
under the direct supervision of a contractor performing work on the facility that is 
not directly related to the cultivation of cannabis; or 
(2)  Purchase cannabis at a retail cannabis store. 
A cannabis establishment that is a registered dispensary may continue to serve its 
qualifying patients as permitted under Title 22, chapter 558-C. 
G.  A cannabis establishment may not sell cannabis between the hours of 1 a.m. and 6 
a.m. 
H.  A cannabis establishment may not employ as a manager or leave in charge of the 
licensed premises a person who, by reason of conviction for a disqualifying drug 
offense or because of a revocation of that person's cannabis establishment license, is 
not eligible for a cannabis establishment license. 
I.  A retail cannabis store may sell or furnish cannabis or cannabis products to a 
consumer only from the premises licensed by the bureau. 
J.  A retail cannabis store shall verify the age of every consumer purchasing cannabis 
products by checking a government-issued photograph identification document or 
credential. 
K.  If a cannabis establishment licensee also sells cannabis as a registered dispensary 
in accordance with Title 22, chapter 558-C, the licensee shall maintain a separate 
accounting method to distinguish between medical marijuana sales and adult use 
cannabis sales for purposes of imposing, collecting and remitting the appropriate 
amount of sales tax. 
L.  A cannabis establishment may not advertise cannabis or cannabis products within 
the State except in a form specifically authorized by the bureau. 
13.  Commercial cannabis cultivation facility operations.  In addition to the 
requirements of subsection 11, a person licensed as a commercial cannabis cultivation 
facility shall comply with the following operational requirements. 
A.  The use of pesticides at a commercial cannabis cultivation facility is governed by 
Title 22, section 2423-A, subsection 2, paragraph J and section 2428, subsection 9, 
paragraph G and rules adopted by the Department of Agriculture, Conservation and 
Forestry. 
B.  The bureau and the Department of Agriculture, Conservation and Forestry shall 
inspect commercial cannabis cultivation facilities.  The commercial cannabis 
cultivation facility licensee shall ensure that the facility is accessible at any time 
during business hours to the bureau and the department. The bureau and the 
department shall develop rules regarding the consequences of failure to allow 
inspections, up to and including forfeiture of the commercial cannabis cultivation 
facility license. 
14.  Interstate compacts.  Maine may join an interstate compact of states that have 
legalized  cannabis to allow for the interstate transfer of cannabis. 
15.  Confidential information.  Information received by the bureau for the purposes 
of demonstrating compliance with Title 36 and rules made pursuant to Title 36 is 
confidential and not subject to disclosure under the Freedom of Access Act. 
16.  Penalties.  A person who cultivates, produces or sells cannabis or cannabis 
products illegally or without a license commits a Class D crime. 
§3008.  Cannabis testing facility 
1.  Cannabis testing facility.  The following provisions apply to a cannabis testing 
facility. 
A.  A cannabis testing facility may receive and possess samples from a commercial 
cannabis cultivation facility, a cannabis product manufacturing facility or a person 
over 21 years of age for the purpose of testing 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 cannabis testing facility may have access to commercial 
cannabis cultivation facilities. 
C.  A cannabis testing facility shall: 
(1)  Properly dispose of cannabis residue in compliance with bureau rules; 
(2)  Maintain testing results as part of the facility's business books and records; 
and 
(3)  Operate in accordance with security rules adopted by the bureau. 
D.  The bureau shall adopt routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A governing a cannabis testing facility, including, but not limited to: 
(1)  The form and content of cannabis labeling; 
(2)  Standards for the testing of samples by a cannabis testing facility; 
(3)  Requirements relating to the size of samples and collection methods for 
samples; 
(4)  Cannabis testing facility director qualification requirements, including the 
requirement that the director of a cannabis testing facility hold a master's degree 
or higher in a relevant science; 
(5)  Required security for a cannabis testing facility; and 
(6)  Requirements for the licensing, certifying or other approval of a cannabis 
testing facility. 
2.  Labels.  If a cannabis establishment affixes a label on the packaging of any 
cannabis or cannabis product provided to a consumer and that label includes the 
cannabinoid profile or potency of the cannabis or cannabis product, the information on 
the label must be verified by a cannabis testing facility. 
§3009.  Local control 
1.  Local option.  A locality may prohibit the operation of one or more of the types of 
cannabis establishments through the enactment of an ordinance or through an initiated or 
referendum measure, except that an initiated or referendum measure to prohibit the 
operation of a cannabis establishment must appear on a general election ballot for that 
locality. 
2.  Local regulations.  If a locality does not prohibit the operation of a cannabis 
establishment pursuant to subsection 1, the following provisions apply. 
A.  A locality may enact an ordinance, rule or regulation pursuant to this paragraph as 
long as that ordinance, rule or regulation is not in conflict with this section or with 
rules issued pursuant to section 3003. The ordinance, rule or regulation may: 
(1)  Govern the time, place and manner of operation of a cannabis establishment 
and the number of cannabis establishments that may operate in the locality; and 
(2)  Establish civil penalties for the violation of an ordinance, rule or regulation 
governing the time, place and manner in which a cannabis establishment may 
operate in that locality. 
§3010.  Cannabis Regulation and Licensing Fund established 
1.  Fund established.  The Cannabis Regulation and Licensing Fund, referred to in 
this section as "the fund," is established as an Other Special Revenue Funds account in 
the bureau for the purposes specified in this section. 
2.  Sources of fund.  The State Controller shall credit to the fund: 
A.  All money received as a result of applications and renewal registrations for 
licensing under section 3007; 
B.  Any penalties and fines established pursuant to rules established by the bureau 
and assessed for violations of this chapter; 
C.  All money from any other source, whether public or private, designated for 
deposit into or credited to the fund; 
D.  Ten percent of the revenue generated by the sales tax imposed by Title 36, section 
4922 pursuant to Title 36, section 4923, subsection 1, paragraph A; and 
E.  Interest earned or other investment income on balances in the fund. 
3.  Uses of the fund.  The fund must be used for expenses of the bureau to regulate, 
license and inspect cannabis establishments and to prevent use of cannabis by minors. 
§3011.  Research authorized 
Notwithstanding the provisions of this chapter regulating the distribution of cannabis, 
a scientific or medical researcher who is conducting valid scientific or medical research 
that has been approved by an institutional review board of an accredited laboratory or 
institution of higher education may cultivate, purchase, possess or securely store cannabis 
for purposes of conducting research. A scientific or medical researcher may administer 
and distribute cannabis to a participant in research after receiving informed consent from 
that participant or the legal guardian of that participant. 
§3012.  Construction 
1.  Relation to Maine Medical Use of Marijuana Act.  This chapter may not be 
construed to limit any privileges or rights 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, transfer, display, transportation, sale or 
growing of cannabis in the workplace, except as allowed under the Maine Medical Use of 
Marijuana Act. 
3.  Operating under the influence.  This chapter may not be construed to exempt a 
person from the laws prohibiting operating under the influence of intoxicants under Title 
29-A, chapter 23. 
4.  Transfer to minor.  This chapter may not be construed to permit the transfer of 
cannabis, with or without remuneration, to a minor or to allow a minor to purchase, 
possess, use, transport, grow or consume cannabis, except as allowed in section 3011 or 
under the Maine Medical Use of Marijuana Act. 
Sec. C-11.  Rulemaking by bureau.  By June 1, 2016, the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages, Cannabis and 
Lottery Operations shall adopt routine technical rules under the Maine Revised Statutes, 
Title 5, chapter 375, subchapter 2-A for the administration and the enforcement of laws 
regulating and licensing cannabis establishments pursuant to Title 28-A, chapter 110. 
These rules must be developed by the bureau and may not be contracted out to an entity 
outside the bureau. These rules may not prohibit the operation of cannabis establishments, 
either expressly or through restrictions that make the operation of cannabis 
establishments unreasonably impracticable. As used in this section, "unreasonably 
impracticable" means that the measures necessary to comply with the rules require such a 
high investment of risk, money, time or other resource or asset that the operation of a 
cannabis establishment is not worthy of being carried out in practice by a reasonably 
prudent businessperson. 
Rules adopted pursuant to this section must include: 
1.  Provisions for administering and enforcing Title 28-A, chapter 110, including 
oversight requirements and civil penalties for violations; 
2.  The form and content of applications for each type of cannabis establishment 
license, renewal registration forms and associated licensing and renewal fee schedules. 
The rules must include a streamlined application process for caregivers and dispensaries 
registered under the Maine Medical Use of Marijuana Act, including procedures for 
issuing a combined, comprehensive license that allows a registered dispensary to be 
licensed as a commercial cannabis cultivation facility, cannabis product manufacturing 
facility and a retail cannabis store.  The rules must also include an initial site inspection 
of the facilities of those caregivers and dispensaries to ensure compliance with the 
Cannabis Regulation Act; 
3.  Provisions for making a determination between competing applicants for the same 
type of cannabis establishment license if there are more applicants than licenses available, 
so that preference must be given to a registered dispensary under Title 22, chapter 558-C; 
4.  Procedures to allow a registered dispensary to be deemed to be in possession of 
one license each for a commercial cannabis cultivation facility, a cannabis product 
manufacturing facility and a retail cannabis store; 
5.  Procedures and timelines for background checks of an applicant for a license to 
operate a cannabis establishment and for appeals of decisions of the bureau; 
6.  Rules clarifying that a conversion to a for-profit entity by a registered dispensary 
does not constitute a change of ownership and therefore does not require a new license; 
7.  Minimum standards for employment at a cannabis establishment, including 
requirements for background checks, restrictions against hiring persons under 21 years of 
age and safeguards to protect against unauthorized access to cannabis; 
8.  Minimum record-keeping and inventory requirements for a cannabis 
establishment, including the following: 
A.  The recording of the disposal of cannabis that is not sold; and 
B. For a cannabis establishment that is also a registered dispensary, a requirement to 
account separately for sales tax purposes for all funds received from the sale of 
medical marijuana pursuant to Title 22, chapter 558-C and from the sale of 
commercial cannabis pursuant to Title 28-A, chapter 110; 
9.  Health and safety rules and standards for the manufacture and packaging of 
cannabis products and the cultivation and packaging of cannabis.  The bureau shall seek 
the input of the Department of Agriculture, Conservation and Forestry regarding 
cultivation rules; 
10.  Labeling requirements for cannabis and cannabis products sold or distributed by 
a cannabis establishment; 
11.  Restrictions on the advertising, signs and display of cannabis and cannabis 
products, including a prohibition on advertising that may reasonably be considered to be 
aimed at minors; 
12.  Minimum security requirements, including standards to reasonably protect 
against unauthorized access to cannabis at all stages of the licensee's possession, 
transportation, storage and cultivation of cannabis; these security requirements may not 
prohibit outdoor cultivation in an enclosed, secured space; 
13.  Procedures for enforcing Title 28-A, section 3007, subsection 12, including civil 
penalties for violations, procedures for suspending or terminating the license of a licensee 
that violates licensing provisions or the rules adopted pursuant to this section and 
procedures for appeals of penalties or licensing actions; 
14.  Policies and procedures regarding hash oil extraction; and 
15.  Any other oversight requirements that the bureau determines are necessary to 
administer the laws relating to licensing cannabis establishments. 
Rules adopted pursuant to this section may not prohibit a locality, as defined in Title 
28-A, section 3002, subsection 10, from limiting the number of each type of licensee that 
may operate in the locality or from enacting reasonable regulations applicable to 
licensees. 
Sec. C-12.  Cannabis Research Fund rulemaking.  By June 1, 2016, the 
Department of Health and Human Services shall adopt routine technical rules under the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A to implement the provisions 
of Title 22, section 264 regarding administration and uses of the Cannabis Research 
Fund. 
Rules adopted pursuant to this section must include: 
1. Application procedures, forms, deadlines and eligibility criteria for grants; 
2.  Selection criteria for and composition of a grant review committee, which must 
include researchers with expertise in medical or scientific research from an accredited 
laboratory or higher education institution; 
3.  Criteria for awarding grants, dates for decisions of grant awards and methods for 
disbursement of funds; 
4.  Minimum record-keeping, reporting and publication requirements for persons 
awarded grants; and 
5.  Any other oversight requirements that the department determines necessary to 
administer the grants. 
Sec. C-13.  Rulemaking regarding pesticide use.  By June 1, 2016, the 
Department of Agriculture, Conservation and Forestry shall examine the Maine Revised 
Statutes, Title 22, section 2423-A, subsection 2, paragraph J and section 2428, subsection 
9, paragraph G and adopt rules regulating the use of pesticides, including a list of 
acceptable and unacceptable pesticides, by a person licensed as a commercial cannabis 
cultivation facility pursuant to Title 28-A, chapter 110.  Rules adopted pursuant to this 
section are routine technical rules under Title 5, chapter 375, subchapter 2-A. 
PART D 
Sec. D-1.  28-A MRSA §2, sub-§6, as amended by PL 2013, c. 368, Pt. V, §6, is 
further amended to read: 
6.  Bureau.  "Bureau" means the Department of Administrative and Financial 
Services, Bureau of Alcoholic Beverages, Cannabis and Lottery Operations. 
Sec. D-2.  Maine Revised Statutes amended; revision clause.    Wherever in 
the Maine Revised Statutes the words "Bureau of Alcoholic Beverages and Lottery 
Operations" appear or reference is made to that entity or those words, those words are 
amended to read or mean, as appropriate, "Bureau of Alcoholic Beverages, Cannabis and 
Lottery Operations" or "bureau," and the Revisor of Statutes shall implement this revision 
when updating, publishing or republishing the statutes. 
PART E 
Sec. E-1.  15 MRSA §5821-A, as amended by IB 2009, c. 1, §1, is further 
amended to read: 
§5821-A.  Property not subject to forfeiture based on use of cannabis 
 Property is not subject to forfeiture under this chapter if the activity that subjects the 
person's property to forfeiture is medical use of marijuana related to cannabis use and the 
person meets the requirements for medical use of marijuana under Title 22, chapter 558-C 
or personal or commercial cannabis activities under Title 28-A, chapter 110. 
Sec. E-2.  17-A MRSA §1103, sub-§1-B, ¶A, as enacted by PL 2001, c. 383, 
§115 and affected by §156, is amended to read: 
A.  Expressly authorized by Title 22, Title 28-A or Title 32; or 
Sec. E-3.  17-A MRSA §1106, sub-§1-B, ¶A, as enacted by PL 2001, c. 383, 
§121 and affected by §156, is further amended to read: 
A.  Authorized by Title 22, Title 28-A or Title 32; or 
Sec. E-4.  17-A MRSA §1107-A, sub-§2, ¶A, as enacted by PL 2001, c. 383, 
§127 and affected by §156, is further amended to read: 
A.  Authorized by Title 22, Title 28-A or Title 32; or 
Sec. E-5.  17-A MRSA §1111-A, sub-§1, as amended by IB 2009, c. 1, §2, is 
further amended to read: 
1.   As used in this section the term "drug paraphernalia" means all equipment, 
products and materials of any kind that are used or intended for use in planting, 
propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, 
producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, 
containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the 
human body a scheduled drug in violation of this chapter or Title 22, section 2383, except 
that this section does not apply to a person who is authorized to possess marijuana for 
medical use pursuant to Title 22, chapter 558-C or personal or commercial cannabis 
activities pursuant to Title 28-A, chapter 110, to the extent the drug paraphernalia is used 
for that person's medical use of marijuana or personal or commercial cannabis activities 
allowed under Title 28-A, chapter 110. It includes, but is not limited to:  
A.  Kits used or intended for use in planting, propagating, cultivating, growing or 
harvesting of any species of plant which that is a scheduled drug or from which a 
scheduled drug can be derived; 
B.  Kits used or intended for use in manufacturing, compounding, converting, 
producing, processing or preparing scheduled drugs; 
C.  Isomerization devices used or intended for use in increasing the potency of any 
species of plant that is a scheduled drug; 
D.  Testing equipment used or intended for use in identifying or in analyzing the 
strength, effectiveness or purity of scheduled drugs; 
E.  Scales and balances used or intended for use in weighing or measuring scheduled 
drugs; 
F.  Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, 
dextrose and lactose, used or intended for use in cutting scheduled drugs; 
G.  Separation gins and sifters, used or intended for use in removing twigs and seeds 
from, or in otherwise cleaning or refining, marijuana; 
H.  Blenders, bowls, containers, spoons and mixing devices used or intended for use 
in compounding scheduled drugs; 
I.  Capsules, balloons, envelopes and other containers used or intended for use in 
packaging small quantities of scheduled drugs; 
J.  Containers and other objects used or intended for use in storing or concealing 
scheduled drugs; and 
K.  Objects used or intended for use in ingesting, inhaling or otherwise introducing 
marijuana, cocaine, hashish or hashish oil into the human body, such as:  
(1)  Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without 
screens, permanent screens, hashish heads or punctured metal bowls;  
(2)  Water pipes;  
(3)  Carburetion tubes and devices;  
(4)  Smoking and carburetion masks;  
(5)  Roach clips, meaning objects used to hold burning material, such as a 
marijuana cigarette that has become too small or too short to be held in the hand;  
(6)  Miniature cocaine spoons and cocaine vials;  
(7)  Chamber pipes;  
(8)  Carburetor pipes;  
(9)  Electric pipes;  
(10)  Air-driven pipes;  
(11)  Chillums;  
(12)  Bongs; or  
(13)  Ice pipes or chillers. 
Sec. E-6.  17-A MRSA §1111-A, sub-§§4-A and 4-B, as enacted by PL 2011, 
c. 464, §20, are amended to read: 
4-A.   Except as provided in Title 22, chapter 558-C and Title 28-A, chapter 110, a 
person is guilty of use of drug paraphernalia if: 
A.  The person trafficks in or furnishes drug paraphernalia knowing, or under 
circumstances when that person reasonably should know, that it will be used to plant, 
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, 
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, 
inhale or otherwise introduce into the human body a scheduled drug in violation of 
this chapter or Title 22, section 2383, and the person to whom that person is 
trafficking or furnishing drug paraphernalia is: 
(1)  At least 16 years of age.  Violation of this subparagraph is a Class E crime; 
or 
(2)  Less than 16 years of age.  Violation of this subparagraph is a Class D crime; 
or 
B.  The person places in a newspaper, magazine, handbill or other publication an 
advertisement knowing, or under circumstances when that person reasonably should 
know, that the purpose of the advertisement, in whole or in part, is to promote the 
sale of objects intended for use as drug paraphernalia.  Violation of this paragraph is 
a Class E crime. 
4-B.   Except as provided in Title 22, chapter 558-C and Title 28-A, chapter 110, a 
person commits a civil violation if: 
A.  The person in fact uses drug paraphernalia to plant, propagate, cultivate, grow, 
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, 
pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into 
the human body a scheduled drug in violation of this chapter or Title 22, section 
2383. Violation of this paragraph is a civil violation for which a fine of $300 must be 
adjudged, none of which may be suspended; or 
B.  The person possesses with intent to use drug paraphernalia to plant, propagate, 
cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, 
test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise 
introduce into the human body a scheduled drug in violation of this chapter or Title 
22, section 2383. Violation of this paragraph is a civil violation for which a fine of 
$300 must be adjudged, none of which may be suspended. 
Sec. E-7.  17-A MRSA §1117, sub-§4, as enacted by PL 2009, c. 631, §3 and 
affected by §51, is amended to read: 
4.  A person is not guilty of cultivating marijuana if the conduct is expressly 
authorized by Title 22, chapter 558-C or is exempt from penalties pursuant to Title 28-A, 
chapter 110. 
Sec. E-8.  17-A MRSA §1124 is enacted to read: 
§1124.  Cannabis odor 
The smell of cannabis does not create probable cause of criminal activity. 
PART F 
Sec. F-1.  7 MRSA §483, first ¶, as amended by PL 2011, c. 407, Pt. A, §1, is 
further amended to read: 
For the purpose of this chapter and chapter 103, unless the term is more specifically 
defined, "adulterated" means made impure or inferior by adding extraneous ingredients.  
Goods that are prepared in food establishments that are licensed facilities under Title 22, 
section 2167 and that contain marijuana for medical use by a qualifying patient, pursuant 
to Title 22, chapter 558-C, and in a retail cannabis store that sells food containing 
cannabis pursuant to Title 28-A, chapter 110 are not considered to be adulterated under 
this subchapter. 
Sec. F-2.  7 MRSA §2231, sub-§4, as enacted by PL 2009, c. 320, §1, is amended 
to read: 
4.  License issued.   Upon review and approval of an application, the commissioner 
shall notify the applicant and request that the application fee determined under subsection 
be submitted.  Upon receipt of the appropriate fee and in accordance with subsection 8, 
the commissioner shall issue a license, which is valid for a period of one year and only 
for the site or sites specified in the license. 
Sec. F-3.  7 MRSA §2231, sub-§§5 and 8, as enacted by PL 2009, c. 320, §1, are 
repealed. 
Sec. F-4.  22 MRSA §2152, sub-§4-A, as amended by PL 2011, c. 407, Pt. A, §2, 
is further amended to read: 
4-A.  Food establishment.  "Food establishment" means a factory, plant, warehouse 
or store in which food and food products are manufactured, processed, packed, held for 
introduction into commerce or sold. "Food establishment" includes a primary caregiver, 
as defined in section 2422, subsection 8-A, and a registered dispensary, as defined in 
section 2422, subsection 6, that prepare food containing marijuana for medical use by a 
qualifying patient pursuant to chapter 558-C and a retail cannabis store that sells food 
containing cannabis pursuant to Title 28-A, chapter 110. The following establishments 
are not considered food establishments required to be licensed under section 2167: 
A.  Eating establishments, as defined in section 2491, subsection 7; 
B.  Fish and shellfish processing establishments inspected under Title 12, section 
6101, 6102 or 6856; 
C.  Storage facilities for native produce; 
D.  Establishments such as farm stands and farmers' markets primarily selling fresh 
produce not including dairy and meat products; 
E.  Establishments engaged in the washing, cleaning or sorting of whole produce, 
provided the produce remains in essentially the same condition as when harvested.  
The whole produce may be packaged for sale, provided that packaging is not by a 
vacuum packaging process or a modified atmosphere packaging process;  
F.  Establishments that are engaged in the drying of single herbs that are generally 
recognized as safe under 21 Code of Federal Regulations, Sections 182 to 189.  The 
single herbs may be packaged for sale, provided as long as that packaging is not by a 
vacuum packaging process or a modified atmosphere packaging process; and 
G.  A primary caregiver, as defined in section 2422, subsection 8-A, conducting an 
activity allowed in section 2423-A for a qualifying patient who is a member of the 
family, as defined in section 2422, subsection 5-A, or member of the household, as 
defined in section 2422, subsection 5-B, of the primary caregiver. 
Sec. F-5.  22 MRSA §2158, as amended by PL 2011, c. 407, Pt. A, §3 and c. 657, 
Pt. W, §6, is further amended to read: 
§2158.  Addition of certain substances limited 
Any poisonous or deleterious substance added to any food, except where when such 
substance is required in the production thereof or cannot be avoided by good 
manufacturing practice, must be deemed to be unsafe for purposes of the application of 
section 2156, subsection 1, paragraph B; but when such substance is so required or cannot 
be avoided, the Commissioner of Agriculture, Conservation and Forestry shall adopt rules 
limiting the quantity therein or thereon to such extent as the commissioner finds 
necessary for the protection of public health, and any quantity exceeding the limits so 
fixed must be deemed to be unsafe for purposes of the application of section 2156, 
subsection 1, paragraph B.  While such a rule is in effect limiting the quantity of any such 
substance in the case of any food, such food may not, by reason of bearing or containing 
any added amount of such substance, be considered to be adulterated within the meaning 
of section 2156, subsection 1, paragraph A. In determining the quantity of such added 
substance to be tolerated in or on different articles of food, the commissioner shall take 
into account the extent to which the use of such substance is required or cannot be 
avoided in the production of each such article and the other ways in which the consumer 
may be affected by the same or other poisonous or deleterious substances.  Goods that are 
prepared by a primary caregiver under section 2152, subsection 4-A, paragraph G or in a 
food establishment that is a licensed facility under section 2167 and that contain 
marijuana for medical use by a qualifying patient, pursuant to chapter 558-C, or goods 
that contain cannabis and are prepared for sale in a retail cannabis store pursuant to Title 
28-A, chapter 110 are not considered to be adulterated under this subchapter. 
Sec. F-6.  26 MRSA §772, sub-§2, as amended by PL 2009, c. 631, §47 and 
affected by §51, is further amended to read: 
2.  Rules; list of occupations.  The director shall adopt rules to develop and maintain 
a list of occupations not suitable for employment of a minor.  The rules must conform as 
far as practicable to the child labor provisions of the federal Fair Labor Standards Act of 
1938, 29 United States Code, Section 212 and any associated regulations.  The rules must 
also contain provisions prohibiting the employment of minors in places having nude 
entertainment and, in registered dispensaries of marijuana for medical use authorized 
under Title 22, chapter 558-C and in cannabis establishments licensed under Title 28-A, 
chapter 110. 
PART G 
Sec. G-1.  25 MRSA §2003, sub-§4, as amended by PL 1995, c. 694, Pt. D, §51 
and affected by Pt. E, §2, is further amended to read: 
4.  Good moral character.  The issuing authority in judging good moral character 
shall make its determination in writing based solely upon information recorded by 
governmental entities within 5 years of receipt of the application, including, but not 
limited to, the following matters: 
A.  Information of record relative to incidents of abuse by the applicant of family or 
household members, provided pursuant to Title 19-A, section 4012, subsection 1; 
B.  Information of record relative to 3 or more convictions of the applicant for crimes 
punishable by less than one year imprisonment or one or more adjudications of the 
applicant for juvenile offenses involving conduct that, if committed by an adult, is 
punishable by less than one year imprisonment; 
C.  Information of record indicating that the applicant has engaged in reckless or 
negligent conduct; or 
D.  Information of record indicating that the applicant has been convicted of or 
adjudicated as having committed a violation of Title 17-A, chapter 45 or Title 22, 
section 2383, or adjudicated as having committed a juvenile crime that is a violation 
of Title 22, section 2383 or a juvenile crime that would be defined as a criminal 
violation under Title 17-A, chapter 45 if committed by an adult. 
Conduct allowed by Title 22, chapter 558-C or Title 28-A, chapter 110 may not be the 
basis for a finding of a lack of good moral character. 
PART H 
Sec. H-1.  5 MRSA §12004-I, sub-§36-F is enacted to read: 
36-F.   
Sec. H-2.  22 MRSA §264 is enacted to read: 
Human Services 
Prevention and 
Control of 
Marijuana Use by 
Youth Advisory 
Council 
Expenses/Legislative 
Per Diem for 
Nonsalaried 
Employee Members 
MRSA §283
§264.  Cannabis Research Fund established 
1.  Fund established.  The Cannabis Research Fund, referred to in this section as 
"the fund," is established in and administered by the department as an interest-bearing 
Other Special Revenue Funds account. Balances in the fund may not lapse and must be 
carried forward to the next fiscal year. 
2.  Sources of fund.  The State Controller shall credit to the fund: 
A.  Ten percent of the revenue generated by the sales tax imposed by Title 36, section 
4922 pursuant to Title 36, section 4923, subsection 1, paragraph E; 
B.  Any money contributed voluntarily to the fund; and 
C.  Interest earned or other investment income on balances in the fund. 
3.  Uses of the fund.  All money deposited in the fund and the earnings on that 
money remain in the fund to be used to provide grants for the purpose of conducting 
research on cannabis pursuant to Title 28-A, section 3011. Money in the fund also may be 
used for the necessary administrative and personnel costs associated with the 
management of the fund but may not be deposited in the General Fund or any other fund 
except as specifically provided by law. 
Sec. H-3.  22 MRSA c. 102-A is enacted to read: 
CHAPTER 102-A 
PREVENTION AND CONTROL OF MARIJUANA USE BY YOUTH 
§281.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Advisory council.  "Advisory council" means the Prevention and Control of 
Marijuana Use by Youth Advisory Council established in section 283. 
2.  Center.  "Center" means the Maine Center for Disease Control and Prevention. 
3.  Program.  "Program" means the Prevention and Control of Marijuana Use by 
Youth Program established in section 282. 
4.  Marijuana products.  "Marijuana products" means any form of cannabis and any 
material or device, including cigarette papers and pipes, used in the smoking, eating or 
vaporizing of cannabis or other form of cannabis consumption.  As used in this 
subsection, "cannabis" has the same meaning as in Title 28-A, section 3002, subsection 1. 
§282.  Prevention and Control of Marijuana Use by Youth Program 
1.  Program established.  The Prevention and Control of Marijuana Use by Youth 
Program is established in the center. The purposes of the program are to prevent the 
State's youths from using marijuana products, aside from when a medical provider has 
recommended it for the treatment of an ailment. The program includes the following 
components: 
A.  An ongoing, major media campaign to: 
(1)  Encourage youth not to begin using marijuana products; and 
(2)  Reduce consumption of marijuana products by youth; 
B.  Grants for funding community-based programs aimed at prevention and control of 
marijuana use by youth, including funding of marijuana prevention and control 
education for those school administrative units that choose to offer such programs to 
primary, middle and high school students and for community-based enforcement of 
state cannabis control laws, including sales to persons under 21 years of age; 
C.  Procedures for monitoring and evaluating the program, including: 
(1)  Monitoring and maintaining the program's effectiveness through an 
evaluation of each component; 
(2)  Assessing the prevalence of the use of marijuana products and knowledge 
about and attitudes towards such use on a statewide and communitywide basis; 
and 
(3)  Recommending changes to eliminate programs that are not effective and 
focusing on initiatives that are having a measurable effect on reducing marijuana 
consumption by youth; and 
D.  In conjunction with law enforcement and other state and federal agencies, 
increased law enforcement efforts to increase compliance with laws regarding the 
transportation, distribution and sale of marijuana products. 
The center shall administer the program with review and advice provided by the advisory 
council and may contract for professional services to carry out the program. 
§283.  Prevention and Control of Marijuana Use by Youth Advisory Council 
1.  Established; duties.  The Prevention and Control of Marijuana Use by Youth 
Advisory Council is established under Title 5, section 12004-I, subsection 36-F to review 
the program. The advisory council shall provide advice to the Department of 
Administrative and Financial Services, Bureau of Alcohol, Cannabis and Lottery 
Operations in carrying out its duties under Title 28-A, chapter 110 and to the center in 
carrying out its duties under this chapter and shall ensure coordination of the program 
with relevant nonprofit and community agencies and the Department of Education, the 
department and other relevant state agencies. 
2.  Membership.  The advisory council consists of 13 members appointed as follows: 
A.  Two public health officials, appointed by the Governor; 
B.  Two representatives of nonprofit organizations involved in seeking to reduce 
consumption of marijuana products by youth in the State, with one representative 
appointed by the President of the Senate and one representative appointed by the 
Speaker of the House of Representatives; 
C.  A person who designs and implements issue-oriented public health media 
campaigns, appointed by the Governor; 
D.  Two persons involved in designing and implementing community-based 
education programs for the prevention of use of marijuana products by youth, one 
appointed by the President of the Senate and one appointed by the Speaker of the 
House of Representatives; 
E.  Two members of the public, appointed jointly by the President of the Senate and 
the Speaker of the House of Representatives; 
F.  One qualifying patient under the Maine Medical Use of Marijuana Act, appointed 
by the Governor; 
G.  One member of a statewide association of registered dispensaries registered with 
the department pursuant to the Maine Medical Use of Marijuana Act, appointed by 
the Governor; 
H.  One licensed operator of a cannabis establishment licensed pursuant to the 
Cannabis Regulation Act, appointed by the Speaker of the House of Representatives; 
and 
I.  One medical provider who certifies patients under the Maine Medical Use of 
Marijuana Act, appointed by the President of the Senate. 
Members serve for 3-year terms and may be reappointed.  The appointing authority shall 
fill a vacancy on the advisory council for the remainder of the vacant term. 
3.  Chair.  The advisory council shall choose a chair from among its members and 
establish its procedure for reaching decisions. 
4.  Staff assistance.  The center shall provide staff assistance to the advisory council. 
5.  Report.  The advisory council shall report annually on the program to the 
Governor and the Legislature by December 1st and include any recommendations or 
proposed legislation to further the purposes of the program. 
6.  Compensation.  Each member who is not a salaried state employee is entitled to 
compensation as provided in Title 5, section 12004-I, subsection 36-F, following 
approval of expenses by the director of the center. 
Sec. H-4.  Appointments to Prevention and Control of Marijuana Use by 
Youth Advisory Council.  Appointments to the Prevention and Control of Marijuana 
Use by Youth Advisory Council established under the Maine Revised Statutes, Title 5, 
section 12004-I, subsection 36-F pursuant to Title 22, section 283, subsection 2 must be 
completed by October 15, 2016. 
Notwithstanding Title 22, section 283, subsection 2, the appointing authorities for the 
original appointments of public members of the advisory council shall designate their first 
appointment for a one-year term, their 2nd appointment for a 2-year term and any other 
appointments for a 3-year term.  
SUMMARY 
This bill reforms state marijuana laws by establishing an excise tax on marijuana, 
allowing the personal use and cultivation of cannabis and allowing, regulating and 
licensing certain commercial cannabis-related activities, while providing provisions to 
protect persons under 21 years of age, employers and schools. 
Part A of the bill establishes a 10% sales tax on cannabis, which is in addition to the 
current sales and use tax. Revenue from the sales tax on cannabis is distributed on a 
monthly basis as follows: 
1.  Ten percent each to regulate cannabis establishments; to counties and 
municipalities, based on the ratio of sales of cannabis products in the municipality or 
county to the sales of cannabis products in the State; to the Fund for a Healthy Maine for 
the elderly low-cost drug program; to the Department of Education for school 
construction; to conduct research on cannabis; to the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention for a public awareness 
campaign to reduce the use of cannabis by persons under 21 years of age and the use of 
alcohol and tobacco; and to the Department of Health and Human Services to obtain 
federal funding for MaineCare; and 
2.  The balance to the General Fund. 
Part A directs the Department of Administrative and Financial Services, Bureau of 
Revenue Services to report annually, beginning January 30, 2017, the amount of tax 
revenue generated and the amount distributed to each program to the joint standing 
committees of the Legislature having jurisdiction over appropriations and financial affairs 
and taxation matters. The bill directs the Bureau of Revenue Services to review methods 
for ensuring that all cannabis that is sold in the State is assessed and to report its findings 
and recommendations to the joint standing committee of the Legislature having 
jurisdiction over taxation matters by February 15, 2017. 
Part B removes the civil violation for possession of cannabis by adults 21 years of 
age and older and specifies a civil fine of at least $100 for possession of cannabis by a 
person under 21 years of age; a judge may, as an alternative or in addition to the fine, 
assign the person to perform work for the State, a subdivision of the State, a public entity 
or a charity. 
Part C of the bill establishes the Cannabis Regulation Act, which allows a person 21 
years of age or older to possess, purchase and use cannabis within certain limits and to 
cultivate a limited amount of cannabis for personal use. It allows a person to possess 
cannabis paraphernalia and up to 1 ounce of cannabis. It allows a person to cultivate up to 
cannabis plants and up to 6 seedlings, and to purchase up to 1 ounce of cannabis, 
cannabis paraphernalia and cannabis seedlings from someone who is licensed to sell these 
products. The bill imposes restrictions on cannabis use similar to those that apply to 
tobacco use regarding smoking in public places. It requires those cultivating cannabis to 
secure the cannabis from access by unauthorized persons and by minors. 
Part C includes specific requirements for the operations of commercial cannabis-
related activities regarding the location of operations, security measures, labeling and 
record keeping. It allows localities to limit, regulate or ban the issuance of cannabis-
related licenses. It further limits the number of retail cannabis stores based on the size of 
the municipality.  Enforcement and administration of the Cannabis Regulation Act is the 
responsibility of the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations, which is renamed the Bureau of Alcoholic 
Beverages, Cannabis and Lottery Operations.  The bureau is required to adopt rules for 
the licensing and regulation of cannabis establishments; upon the adoption of such rules, 
each dispensary registered under the Maine Medical Use of Marijuana Act is granted a 
provisional license to operate a commercial cannabis cultivation facility, a cannabis 
product manufacturing facility and a retail cannabis store.  Included in the rules must be a 
provision giving preference for licensing to a registered dispensary under the Maine 
Medical Use of Marijuana Act.  A dispensary organized as a nonprofit corporation that 
reorganizes under the Maine Revised Statutes, Title 13-C is deemed to be the same 
dispensary for licensing purposes.  Part C creates the Cannabis Regulation and Licensing 
Fund to provide a funding mechanism for regulation of commercial cannabis-related 
activities and the Cannabis Research Fund to fund research on cannabis; both funds are 
funded by revenue from the sales tax on cannabis. 
Part C also amends the Maine Medical Use of Marijuana Act to remove the 
requirement that dispensaries be nonprofit corporations, remove the restriction on how 
much marijuana may be transferred by a primary caregiver for compensation, require a 
primary caregiver's cultivation facility to be open to reasonable inspection by the 
Department of Health and Human Services and cap the number of primary caregivers 
registered with the department at the number registered with the department on December 
31, 2015. 
Finally, Part C requires the Department of Agriculture, Conservation and Forestry to 
adopt rules regulating the use of pesticides in cannabis cultivation operations. 
Part D renames the Bureau of Alcoholic Beverages and Lottery Operations within the 
Department of Administrative and Financial Services, the Bureau of Alcoholic 
Beverages, Cannabis and Lottery Operations. 
Part E updates the exceptions to the laws restricting possession of marijuana in the 
Maine Criminal Code to reflect the use permitted by this legislation.  Part E also provides 
that the odor of cannabis does not create probable cause of criminal activity. 
Part F removes provisions in the law that make licensing of industrial hemp farming 
contingent upon federal action and that require licensees to document the type of hemp 
planted and to provide notification of each sale. This Part also updates various provisions 
of the Maine Revised Statutes, Title 7 and Title 22 that are affected by the enactment of 
the Cannabis Regulation Act and amends Title 26 to prohibit the employment of a person 
under 21 years of age in an establishment licensed for commercial cannabis-related 
activities. 
Part G provides that a person cannot be found to lack good moral character for 
personal, medical or commercial marijuana activities allowed by this legislation when 
that person is applying to obtain a permit to carry a concealed handgun. 
Part H creates the Prevention and Control of Marijuana Use by Youth Program and 
its administering body, the Prevention and Control of Marijuana Use by Youth Advisory 
Council.  The purpose of the program is to prevent persons under 21 years of age from 
using marijuana products.  Part H also creates the Cannabis Research Fund, which is 
established to conduct research on cannabis.