An Act To Delay Further the Implementation of Certain Portions of the Marijuana Legalization Act
Maine Legislature, Session 128, LD 1651
Committee: Marijuana Legalization Implementation
Sponsors: FREDETTE
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. 1651
H.P. 1140
House of Representatives, October 23, 2017
An Act To Delay Further the Implementation of Certain Portions of 
the Marijuana Legalization Act
(EMERGENCY)
Reference to the Joint Select Committee on Marijuana Legalization Implementation 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FREDETTE of Newport.  (GOVERNOR'S BILL)
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, 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 January 1, 2019, 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 January 1, 2019.
Sec. 3.  7 MRSA §2447, first ¶, as amended by PL 2017, c. 1, §9, is further 
amended to read:
Beginning February 1, 2018 January 1, 2019, 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 January 1, 2019.
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 January 1, 2019.
Sec. 6.  7 MRSA §2450, first ¶, as amended by PL 2017, c. 1, §12, is further 
amended to read:
Beginning February 1, 2018 January 1, 2019, 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 January 1, 2019, 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 January 1, 2019, purchase up to 2 1/2 ounces of retail 
marijuana and marijuana accessories from a retail marijuana store; and
E.  Beginning February 1, 2018 January 1, 2019, 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 January 1, 2019, 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 January 1, 2019.
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 January 1, 2019.
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 January 1, 2019.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill further delays, until January 1, 2019, the effective date of those provisions of 
the Marijuana Legalization Act that were delayed until February 1, 2018 by Public Law 
2017, chapter 1.