An Act To Amend the Marijuana Legalization Act Regarding Retail Marijuana Testing Facilities
Maine Legislature, Session 128, LD 1641
Amends: 7 MRSA §2442, 7 MRSA §2445, 7 MRSA §2448

Legislative Document
No. 1641
H.P. 1132
House of Representatives, June 21, 2017
An Act To Amend the Marijuana Legalization Act Regarding Retail 
Marijuana Testing Facilities
(EMERGENCY)
Reported by Representative PIERCE of Falmouth for the Joint Select Committee on 
Marijuana Legalization Implementation pursuant to Joint Order 2017, H.P. 96.
ROBERT B. HUNT
Clerk
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the people of the State of Maine in November 2016 passed into law the 
Marijuana Legalization Act, which establishes a system of licensing for marijuana 
cultivation, testing, processing and retail sale to enable persons 21 years of age or older to 
legally acquire, possess and consume marijuana and marijuana products under the laws of 
this State; and 
Whereas, amendments to the Marijuana Legalization Act are necessary to provide 
clarity in the licensing and regulation of retail marijuana testing facilities and in the 
testing of marijuana and marijuana products to guard the public health and safety by 
ensuring that marijuana and marijuana products entering the retail market will be safe and 
fit for consumption by persons 21 years of age or older; 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Sec. 1.  7 MRSA §2442, sub-§20, as enacted by IB 2015, c. 5, §1, is repealed. 
Sec. 2.  7 MRSA §2442, sub-§§23-A, 31-A and 31-B are enacted to read: 
23-A.  Marijuana product.  "Marijuana product" means concentrated marijuana or a 
product composed of marijuana and other ingredients that is intended for use or 
consumption.  "Marijuana product" includes, but is not limited to, an edible marijuana 
product, a marijuana ointment and a marijuana tincture. 
31-A.  Qualifying patient.  "Qualifying patient" means a person who possesses a 
valid certification for the medical use of marijuana pursuant to Title 22, section 2423-B. 
31-B.  Registered caregiver.  "Registered caregiver" means a primary caregiver who 
is registered by the Department of Health and Human Services pursuant to Title 22, 
section 2425, subsection 4. 
Sec. 3.  7 MRSA §2442, sub-§32, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
32.  Registered dispensary.  "Registered dispensary" means a nonprofit dispensary 
that is a nonprofit corporation organized under Title 13-B and registered with by the 
Department of Health and Human Services pursuant to the Maine Medical Use of 
Marijuana Act and holds one or more dispensary registrations Title 22, section 2428, 
subsection 2, paragraph A. 
Sec. 4.  7 MRSA §2442, sub-§36-A is enacted to read: 
36-A.  Retail marijuana licensee.  "Retail marijuana licensee" or "licensee" means a 
person licensed pursuant to this chapter. 
Sec. 5.  7 MRSA §2442, sub-§37, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
37.  Retail marijuana product.  "Retail marijuana product" means concentrated 
retail marijuana and retail marijuana products that are composed of retail marijuana and 
other ingredients and are intended for use or consumption, including, but not limited to, 
edible products, ointments and tinctures a marijuana product that is manufactured, 
processed, distributed or sold by a licensed retail marijuana establishment or a retail 
marijuana social club. 
Sec. 6.  7 MRSA §2445, as amended by PL 2017, c. 1, §7, is further amended to 
read: 
§2445.  Independent testing and certification program 
 Beginning February 1, 2018, the state licensing authority shall establish, within a 
specific time frame, a an independent testing and certification program for retail 
marijuana and retail marijuana products independent testing and certification program.  
This Except as otherwise provided in this section, the program must require licensees to 
test retail marijuana and retail marijuana products to ensure at a minimum that products 
sold for human consumption do 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 contain 
contaminants exceed the maximum level of allowable contamination for any contaminant 
that are 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. 
1.  Mandatory testing.  Testing A retail marijuana licensee may not sell or furnish 
retail marijuana or a retail marijuana product to a consumer or to another licensee under 
this chapter unless the marijuana or marijuana product has been tested pursuant to this 
section and rules adopted pursuant to this section and that mandatory testing has 
demonstrated 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.  Mandatory testing of retail marijuana and retail marijuana 
products under this section must include, but is not limited to, analysis testing for residual 
solvents, poisons and toxins; harmful chemicals; dangerous molds and mildew; harmful 
microbes, such as including, but not limited to, Escherichia coli and salmonella; and 
pesticides, fungicides and insecticides; and THC potency, homogeneity and cannabinoid 
profiles for correct labeling.  The Commissioner of Agriculture, Conservation and 
Forestry shall establish by rule processes, protocols and standards for mandatory and 
other testing of marijuana and marijuana products that conform with the best practices 
generally used within the marijuana testing industry. 
2.  Notification requirements.  In the event that test If the results of a mandatory test 
required under subsection 1 indicate the presence of quantities of any substance 
determined to be that the tested marijuana or marijuana product exceeds the maximum 
level of allowable contamination for any contaminant that is injurious to health in any 
product, these products must be immediately quarantined and immediate notification to 
the persons responsible for enforcing the marijuana laws must be made. These products 
must be documented and properly destroyed. and for which testing is required, the testing 
facility shall immediately quarantine, document and properly destroy the marijuana or 
marijuana product, except when the owner of the tested marijuana or marijuana product 
has successfully undertaken remediation and retesting.  If the results of a mandatory test 
indicate that the tested marijuana or marijuana product exceeds the maximum level of 
allowable contamination for any contaminant that is injurious to health and for which 
testing is required, the testing facility shall within 30 days of completing the test notify 
the Department of Agriculture, Conservation and Forestry of the test results.  A testing 
facility is not required to notify the Department of Agriculture, Conservation and Forestry 
of the results of any test: 
A.  Conducted on marijuana or a marijuana product at the direction of a retail 
marijuana licensee pursuant to subsection 1 that demonstrates 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; 
B.  Conducted on marijuana or a marijuana product at the direction of a retail 
marijuana licensee for research and development purposes only, as long as the 
licensee notifies the testing facility prior to the performance of the test that the testing 
is for research and development purposes only; 
C.  Conducted on a substance that is not marijuana or a marijuana product at the 
direction of any person; or 
D.  Conducted on marijuana or a marijuana product at the direction of any person 
who is not a retail marijuana licensee. 
3.  THC potency.  Testing must verify THC potency representations for correct 
labeling. 
4.  Sampling.  If a test to be performed by a retail marijuana testing facility is a 
mandatory test required under subsection 1, an employee or designee of the testing 
facility must perform the sampling required for the test.  If a test to be performed by a 
retail marijuana testing facility is not a mandatory test, the owner of the marijuana or 
marijuana product may perform the sampling required for the test. 
5.  Additional testing not required.  A retail marijuana licensee may sell or furnish 
to a consumer or to another licensee retail marijuana or a retail marijuana product that the 
retail marijuana licensee has not submitted for testing pursuant to this section if: 
A.  The marijuana or marijuana product has previously been tested pursuant to this 
section by another retail marijuana licensee and that testing demonstrated 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; 
B.  The mandatory testing process and the test results for the marijuana or marijuana 
product under paragraph A are documented in accordance with the requirements of 
this chapter and all applicable rules adopted pursuant to this chapter; and 
C.  Tracking from seed or immature plant to retail sale has been maintained for the 
marijuana or marijuana product and transfers of the marijuana or marijuana product 
to a consumer or another licensee can be easily identified. 
The establishment of an independent testing and certification program in accordance 
with this section does not affect the adoption of rules in under section 2444, subsection 2 
or affect the implementation of cultivation, production and sale of retail marijuana and 
retail marijuana products in accordance with the requirements of this chapter. 
Sec. 7.  7 MRSA §2448, sub-§6, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
6.  Retail marijuana testing facility license.  A retail marijuana testing facility 
license may be issued to a person who performs testing and research on retail marijuana. 
The facility may develop and test retail marijuana products The state licensing authority 
may issue a full or a provisional retail marijuana testing facility license in accordance 
with this chapter to a person to operate a retail marijuana testing facility for the purposes 
of developing, researching and testing marijuana, marijuana products and other 
substances. 
The state licensing authority shall adopt rules pursuant to its authority in section 2445 
related to acceptable testing and research practices, including but not limited to testing, 
standards, quality control analysis, equipment certification and calibration, chemical 
identification and other practices used in bona fide research methods. 
A.  A person that has with an interest in a retail marijuana testing facility license from 
the state licensing authority for testing purposes licensed under this chapter may not 
be a registered caregiver or have any an interest in a registered dispensary, a 
registered caregiver, or in a licensed retail marijuana store, a licensed retail marijuana 
social club, a licensed retail marijuana cultivation facility or a licensed retail 
marijuana products manufacturing facility licensed under this chapter.  A person that 
has who is a registered caregiver or who has an interest in a registered dispensary, a 
registered caregiver, or in a licensed retail marijuana store, a licensed retail marijuana 
social club, a licensed retail marijuana cultivation facility or a licensed retail 
marijuana products manufacturing facility licensed under this chapter may not have 
an interest in a facility that has a retail marijuana testing facility license licensed 
under this chapter.  For purposes of this paragraph, "interest" includes means an 
ownership interest or partial ownership interest or any other type of financial interest, 
such as including, but not limited to, being an investor or serving in a management 
position. 
B.  Retail marijuana and retail marijuana products may be transported between the 
licensed a retail marijuana testing facility and a retail marijuana cultivation facilities 
facility, a retail marijuana products manufacturing facilities facility, a retail marijuana 
stores store and a retail marijuana social clubs club. 
C.  A licensed retail marijuana testing facility may not commence or continue 
operation unless the facility: 
(1)  Is certified for operation by the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention in accordance with rules 
adopted by the Commissioner of Agriculture, Conservation and Forestry in 
consultation with the Department of Health and Human Services, Maine Center 
for Disease Control and Prevention; 
(2)  Except as otherwise provided in this subparagraph, is accredited pursuant to 
standard ISO/IEC 17025 of the International Organization for Standardization by 
a 3rd-party accrediting body or is certified, registered or accredited by an 
organization approved by the Commissioner of Agriculture, Conservation and 
Forestry.  The Commissioner of Agriculture, Conservation and Forestry shall 
adopt rules regarding the scope of certification, registration or accreditation 
required for licensure as a retail marijuana testing facility. 
The state licensing authority may issue a full retail marijuana testing facility 
license to a person who meets all applicable requirements of this chapter and 
rules adopted under this chapter and who has obtained accreditation pursuant to 
standard ISO/IEC 17025 of the International Organization for Standardization 
from a 3rd-party accrediting body or who is certified, registered or accredited by 
an approved organization. 
The state licensing authority may issue a provisional retail marijuana testing 
facility license to a person who otherwise meets all applicable requirements of 
this chapter and rules adopted under this chapter and who has applied for but not 
yet obtained accreditation from a 3rd-party accrediting body or who has applied 
for but not yet obtained certification, registration or accreditation from an 
approved organization.  The state licensing authority may not renew a provisional 
retail marijuana testing facility license more than once;  
(3)  Is determined by the Department of Agriculture, Conservation and Forestry 
to meet all operational and technical requirements for retail marijuana testing 
facilities under this chapter and applicable rules adopted under this chapter; and 
(4)  Is approved or licensed by the municipality in which the facility is physically 
located and notice of approval or licensure has been provided by the municipality 
to the state licensing authority. 
D.  A retail marijuana testing facility shall follow all testing protocols, standards and 
criteria adopted by rule by the Commissioner of Agriculture, Conservation and 
Forestry for the testing of different forms of marijuana and marijuana products; 
determining batch size; sampling; testing validity; and approval and disapproval of 
tested marijuana and marijuana products.   
E.  If a retail marijuana testing facility determines that a sample of marijuana or a 
marijuana product has failed testing, the facility shall offer to the owner of the sample 
that failed testing an opportunity for remediation and retesting in accordance with 
rules adopted by the Commissioner of Agriculture, Conservation and Forestry.   
F.  A retail marijuana testing facility shall maintain records of all business 
transactions and testing results in accordance with the record-keeping requirements of 
subsection 8-A and in accordance with applicable standards for licensing and 
accreditation under paragraph C and testing protocols, standards and criteria adopted 
by the Commissioner of Agriculture, Conservation and Forestry under paragraph D. 
G.  A retail marijuana testing facility shall dispose of used, unused and waste 
marijuana and marijuana products in accordance with rules adopted by the 
Commissioner of Agriculture, Conservation and Forestry. 
H.  A retail marijuana testing facility shall notify the Department of Agriculture, 
Conservation and Forestry of test results in accordance with section 2445, subsection 
2. 
I.  A retail marijuana testing facility may develop, research and test marijuana and 
marijuana products for that facility; for another retail marijuana establishment or a 
retail marijuana social club; for a person who intends to use the marijuana or 
marijuana product for personal use as allowed under this chapter; or for a qualifying 
patient, a registered caregiver or a registered dispensary.  A retail marijuana testing 
facility may develop, research and test other substances that are not marijuana or 
marijuana products for that facility or for any other person. 
The Commissioner of Agriculture, Conservation and Forestry shall adopt rules regarding 
the testing of marijuana and marijuana products by retail marijuana testing facilities 
pursuant to this chapter, including, but not limited to, rules establishing acceptable testing 
and research practices for retail marijuana testing facilities, including, but not limited to, 
provisions relating to testing practices, methods and standards; remediation and retesting 
procedures; quality control analysis; equipment certification and calibration; chemical 
identification; testing facility record-keeping, documentation and business practices; 
disposal of used, unused and waste marijuana and marijuana products; and reporting of 
test results; rules establishing an independent testing and certification program pursuant 
to section 2445; and rules governing sampling and testing of retail marijuana and retail 
marijuana products pursuant to section 2448, subsection 8-A.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 8.  7 MRSA §2448, sub-§8, as enacted by IB 2015, c. 5, §1, is repealed. 
Sec. 9.  7 MRSA §2448, sub-§8-A is enacted to read: 
8-A.  Inspections; record-keeping requirements; audit requirements; testing and 
sampling for product quality control.  A retail marijuana licensee shall submit to 
inspections and maintain business records in accordance with this subsection. 
A.  A licensee shall maintain a complete set of all records of the licensee's business 
transactions, which must be open to inspection and examination by the state licensing 
authority upon demand and without notice during all business hours.  Records must 
be maintained by a licensee for a period comprising the current tax year and the 2 
immediately preceding tax years. 
B.  The state licensing authority may require a licensee to furnish any additional 
information necessary for the proper administration of this chapter and may require a 
licensee to submit to an audit of the licensee's business records.  If the state licensing 
authority requires a licensee to submit to an audit, the licensee shall provide the 
auditor selected by the state licensing authority with access to all business records of 
the licensee and the cost of the audit must be paid by the licensee. 
C.  A licensee shall submit to an inspection of the licensed premises, including any 
places of storage, upon demand and without notice during all business hours and 
other times of apparent activity by the state licensing authority, a law enforcement 
agency or an official authorized by the municipality in which the licensed premises 
are located.  If any part of the licensed premises consists of a locked area, a licensee 
shall, upon demand of the state licensing authority, a law enforcement agency or the 
official authorized by the municipality, open the locked area for inspection. 
D.  A licensee shall submit to the sampling and testing of retail marijuana or retail 
marijuana products upon demand and without notice during all business hours by the 
Department of Agriculture, Conservation and Forestry for the purposes of product 
quality control.  Sampling and testing by the Department of Agriculture, 
Conservation and Forestry pursuant to this paragraph must be conducted in 
accordance with the requirements of section 2445 and rules adopted pursuant to 
section 2448, subsection 6. 
Sec. 10.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Cannabis Regulation and Licensing Fund N219 
Initiative: Provides allocations for one Consumer Protection Inspector position, one pool 
vehicle and position technology costs. 
Cannabis Regulation and Licensing Fund N219 
Initiative: Provides one-time funding for the first year of one Consumer Protection 
Inspector position, one pool vehicle, position technology costs and rule-making costs. 
OTHER SPECIAL REVENUE FUNDS 
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT 
0.000
1.000
Personal Services 
$0
$79,801
All Other 
$0
$12,500
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0
$92,301
GENERAL FUND 
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT 
1.000
0.000
Personal Services 
$76,032
$0
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Maine Center for Disease Control and Prevention 0143 
Initiative: Provides appropriations and allocations for one Environmental Specialist III 
position to certify licensed retail marijuana testing facilities. 
All Other 
$15,000
$0
GENERAL FUND TOTAL 
$91,032
$0
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
2017-18
2018-19
GENERAL FUND 
$91,032
$0
OTHER SPECIAL REVENUE FUNDS 
$0
$92,301
DEPARTMENT TOTAL - ALL FUNDS 
$91,032
$92,301
GENERAL FUND 
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT 
1.000
0.000
Personal Services 
$74,552
$0
All Other 
$10,170
$0
GENERAL FUND TOTAL 
$84,722
$0
OTHER SPECIAL REVENUE FUNDS 
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT 
0.000
1.000
Personal Services 
$0
$77,185
All Other 
$0
$10,170
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0
$87,355
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
2017-18
2018-19
GENERAL FUND 
$84,722
$0
OTHER SPECIAL REVENUE FUNDS 
$0
$87,355
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the Marijuana Legalization Act with respect to the requirements for 
retail marijuana testing facilities and the testing of marijuana and marijuana products as 
follows. 
1.  It clarifies requirements for the testing of marijuana and marijuana products, 
including the mandatory testing of retail marijuana and retail marijuana products for 
homogeneity and cannabinoid profiles. 
2.  It clarifies licensing and operational requirements for retail marijuana testing 
facilities, including requirements that such facilities: 
A.  Be certified by the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention, be accredited pursuant to standard ISO/IEC 17025 
of the International Organization for Standardization by a 3rd-party accrediting body, 
or be certified, registered or accredited by an organization approved by the 
Department of Agriculture, Conservation and Forestry, and be licensed or approved 
by the municipality in which the facility is physically located.  It authorizes issuance 
of a provisional retail marijuana testing facility license to a testing facility that has 
applied for but not yet obtained certification, registration or accreditation from a 3rd-
party accrediting body or an approved organization; 
B.  Meet all operational and technical requirements established by rule and follow 
testing protocols, standards and criteria established by rule for testing of different 
forms of marijuana and marijuana products, determining batch size, sampling, testing 
validity and approval and disapproval; 
C.  Offer remediation and retesting of marijuana or a marijuana product that fails a 
test and dispose of used, unused and waste marijuana and marijuana products; and 
D.  Maintain records of all business transactions and testing and report the results of 
certain tests to the Department of Agriculture, Conservation and Forestry. 
DEPARTMENT TOTAL - ALL FUNDS 
$84,722
$87,355
SECTION TOTALS 
2017-18
2018-19
GENERAL FUND 
$175,754
$0
OTHER SPECIAL REVENUE FUNDS 
$0
$179,656
SECTION TOTAL - ALL FUNDS 
$175,754
$179,656
3.  It authorizes retail marijuana testing facilities to perform research and product 
testing and development on marijuana and marijuana products and on substances other 
than marijuana and marijuana products for that facility or for other retail marijuana 
establishments or retail marijuana social clubs.  It also authorizes testing facilities to 
provide services to a person intending to use marijuana or a marijuana product for 
personal use and to a qualifying patient, a registered caregiver and a registered dispensary 
under the Maine Medical Use of Marijuana Act. 
4.  It clarifies inspection and record-keeping requirements for retail marijuana 
licensees, including requiring a licensee to submit to sampling and testing of retail 
marijuana or retail marijuana products upon demand and without notice by the 
Department of Agriculture, Conservation and Forestry for the purposes of product quality 
control. 
5.  It clarifies the rule-making authority of the Commissioner of Agriculture, 
Conservation and Forestry regarding the adoption of rules relating to retail marijuana 
testing facilities and the testing of marijuana and marijuana products and designates those 
rules as routine technical rules. 
The bill also includes an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 06/19/17
LD 1641    
LR 2391(01)
FY 2017-18
FY 2018-19
Projections 
FY 2019-20
Projections 
FY 2020-21
Net Cost (Savings)
General Fund
$175,754
$0
$0
$0
Appropriations/Allocations
General Fund
$175,754
$0
$0
$0
Other Special Revenue Funds
$0
$179,656
$184,297
$189,098
Fiscal Detail and Notes
The bill includes a General Fund appropriation to the Department of Health and Human Services of $84,722 in fiscal 
year 2017-18 and an Other Special Revenue Funds allocation of 87,355 in fiscal year 2018-19 for one Environmental 
Specialist III position to certify the licensed retail marijuana testing facilities. The bill also includes a General Fund 
appropriation to the Department of Agriculture, Conservation and Forestry of $91,032 in fiscal year 2017-18 and an 
Other Special Revenue Funds allocation of $92,301 in fiscal year 2018-19 for one Consumer Protection Inspector 
position to inspect licensed retail marijuana testing facilities for compliance. The Other Special Revenue Funds 
allocations will be funded by license fees authorized by the Marijuana Legalization Act, 7 MRSA, §2448, subsection 
10. The General Fund appropriations are required because there will not be sufficient revenue from license fees in 
fiscal year 2017-18.
Fiscal Note Required: Yes
Fiscal Note
An Act To Amend the Marijuana Legalization Act Regarding Retail Marijuana Testing Facilities
Fiscal Note for Original Bill
Committee: Marijuana Legalization Implementation
LR2391(01) - Fiscal Note - Page 1 of 1