An Act To Further Delay the Implementation of Certain Provisions of the Marijuana Legalization Act (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1775
Committee: Marijuana Legalization Implementation
Sponsors: KATZ
Amends: 7 MRSA §2445, 7 MRSA §2446, 7 MRSA §2447, 7 MRSA §2448, 7 MRSA §2449, 7 MRSA §2450, 7 MRSA §2451, 7 MRSA §2452, 7 MRSA §2453, 7 MRSA §2454, 36 MRSA §1817

Legislative Document
No. 1775
S.P. 660
In Senate, January 5, 2018
An Act To Further Delay the Implementation of Certain Provisions 
of the Marijuana Legalization Act
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Joint Select Committee on Marijuana Legalization Implementation 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator KATZ of Kennebec.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, implementing a system for the regulation and administration of the 
cultivation, distribution and retail sale of recreational marijuana, a controlled substance, is 
a complex function with significant financial costs; and
Whereas, certain portions of the Marijuana Legalization Act were delayed until 
February 1, 2018 to allow for the development and implementation of that system; and
Whereas, the Legislature needs more time to develop that system; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §2445, first ¶, as amended by PL 2017, c. 309, §6, is further 
amended to read:
Beginning February 1, 2018 May 1, 2018, the state licensing authority shall establish 
an independent testing and certification program for retail marijuana and retail marijuana 
products.  Except as otherwise provided in this section, the program must require a retail 
marijuana licensee, prior to selling or furnishing retail marijuana or a retail marijuana 
product to a consumer or to another licensee, to submit the marijuana or marijuana 
product to a retail marijuana testing facility for testing pursuant to this section to ensure 
that the marijuana or marijuana product does not exceed the maximum level of allowable 
contamination for any contaminant that is injurious to health and for which testing is 
required and to ensure correct labeling.  The Commissioner of Agriculture, Conservation 
and Forestry shall adopt rules identifying the types of contaminants that are injurious to 
health for which marijuana and marijuana products must be tested under this section and 
the maximum level of allowable contamination for each contaminant.
Sec. 2.  7 MRSA §2446, sub-§5, as enacted by PL 2017, c. 1, §8, is amended to 
read:
5.  Effective date.  This section takes effect February 1, 2018 May 1, 2018.
Sec. 3.  7 MRSA §2447, first ¶, as amended by PL 2017, c. 1, §9, is further 
amended to read:
Beginning February 1, 2018 May 1, 2018, an application for a license under the 
provisions of this chapter must be made to the state licensing authority on forms prepared 
and furnished by the state licensing authority and must set forth such information as the 
state licensing authority may require to enable the state licensing authority to determine 
whether a license should be granted.  The information must include the name and address 
of the applicant and the names and addresses of the applicant's officers, directors or 
managers.  Each application must be verified by the oath or affirmation of such person or 
persons as the state licensing authority may prescribe.  The state licensing authority may 
issue a license to an applicant pursuant to this section upon completion of the applicable 
criminal history record check associated with the application.  The license is conditioned 
upon municipal approval.  An applicant is prohibited from operating a retail marijuana 
establishment or retail marijuana social club without state licensing authority and 
municipal approval.  If the applicant does not receive municipal approval within one year 
from the date of state licensing authority approval, the license expires and may not be 
renewed.  If an application is not approved by the municipality, the state licensing 
authority shall revoke the license.
Sec. 4.  7 MRSA §2448, sub-§19, as enacted by PL 2017, c. 1, §10, is amended to 
read:
19.  Effective date.  This section takes effect February 1, 2018 May 1, 2018.
Sec. 5.  7 MRSA §2449, sub-§6, as enacted by PL 2017, c. 1, §11, is amended to 
read:
6.  Effective date.  This section takes effect February 1, 2018 May 1, 2018.
Sec. 6.  7 MRSA §2450, first ¶, as amended by PL 2017, c. 1, §12, is further 
amended to read:
Beginning February 1, 2018 May 1, 2018, a license granted under the provisions of 
this chapter is not transferable except as provided in this section, but this section does not 
prevent a change of location as provided in section 2451, subsection 7.
Sec. 7.  7 MRSA §2451, first ¶, as amended by PL 2017, c. 1, §13, is further 
amended to read:
Beginning February 1, 2018 May 1, 2018, the following provisions govern licensing 
in general.
Sec. 8.  7 MRSA §2452, sub-§1, ¶¶D and E, as amended by PL 2017, c. 1, §14, 
are further amended to read:
D.  Beginning February 1, 2018 May 1, 2018, purchase up to 2 1/2 ounces of retail 
marijuana and marijuana accessories from a retail marijuana store; and
E.  Beginning February 1, 2018 May 1, 2018, purchase up to 12 seedlings or 
immature plants from a retail marijuana cultivation facility.
Sec. 9.  7 MRSA §2452, sub-§7, as enacted by PL 2017, c. 1, §16, is amended to 
read:
7.  Possession of certain edibles.  Notwithstanding subsection 1, until February 1, 
2018 May 1, 2018, a person may not possess edible retail marijuana products.  This 
subsection does not apply to marijuana products purchased for medical use pursuant to 
Title 22, chapter 558-C.
Sec. 10.  7 MRSA §2453, sub-§4, as enacted by PL 2017, c. 1, §17, is amended to 
read:
4.  Effective date.  This section takes effect February 1, 2018 May 1, 2018.
Sec. 11.  7 MRSA §2454, sub-§5, as enacted by PL 2017, c. 1, §18, is amended to 
read:
5.  Effective date.  This section takes effect February 1, 2018 May 1, 2018.
Sec. 12.  36 MRSA §1817, sub-§8, as enacted by PL 2017, c. 1, §21, is amended 
to read:
8.  Effective date.  This section takes effect February 1, 2018 May 1, 2018.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill further delays, until May 1, 2018, the effective date of those provisions of 
the Marijuana Legalization Act that were delayed until February 1, 2018 by Public Law 
2017, chapter 1.