An Act To Implement a Regulatory Structure for Adult Use Marijuana
Maine Legislature, Session 128, LD 1719
Committee Amendment CA_A_H733 (House)
Amends: 5 MRSA §12004, 28-B MRSA §901, 7 MRSA §1-C, 22 MRSA §3763, 26 MRSA §772, 15 MRSA §5821, 15 MRSA §5821-B, 17-A MRSA §1103, 17-A MRSA §1106, 17-A MRSA §1107-A, 17-A MRSA §1111-A, 17-A MRSA §1114, 17-A MRSA §1117, 25 MRSA §1542-A, 30-A MRSA §4452, 30-A MRSA §7063, 36 MRSA §1752, 36 MRSA §1811, 36 MRSA §1817, 36 MRSA §1818, 3 MRSA §959, 22 MRSA §2422, 22 MRSA §2422-A, 22 MRSA §2423-B, 22 MRSA §2424, 22 MRSA §2425, 22 MRSA §2428, 22 MRSA §2430

COMMITTEE AMENDMENT "~" to H.P. 1199, L.D. 1719, Bill, "An Act To 
Implement a Regulatory Structure for Adult Use Marijuana" 
Amend the bill by striking out eve1ything after the enacting clause and before the 
emergency clause and inserting the following: 
'PART A 
Sec. A-1. 5 MRSA §12004-1, sub-§52-C is enacted to read: 
52-C. 
Judicia1y: 
Marijuana 
Marijuana Advisory Expenses Only 
Commission 
28-B MRSA §901 
Sec. A-2. 7 MRSA §1-C, as enacted by PL 2017, c. 278, §1, is repealed. 
Sec. A-3. 7 MRSA c. 417, as amended, is repealed. 
Sec. A-4. 22 MRSA §3763, sub-§11, ,rJ, as enacted by PL 2017, c. 208, §2, is 
amended to read: 
· 
J. Retail Adult use marijuana and retail adult use marijuana products, as defined by 
Title 128-B, section~ 102. 
Sec. A-5. 26 MRSA §772, sub-§2, as amended by PL 2017, c. 286, §2, is further 
amended to read: 
2. Rules; list of employment and occupations. The director shall adopt mles to 
develop and maintain a list of employment and occupations not suitable for 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 
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COMMITTEE AMENDMENT "A" to H.P. 1199, L.D. 1719 
minors in places having nude entertainment and in registered dispensaries of marijuana 
for medical use authorized under Title 22, chapter 558-C and in establishments that 
cultivate, produce or sell marijuana or products in which marijuana is an ingredient 0f--ffi 
recreational mariiuana sooial olubs as authorized under Title':/- 28-B, chapter 41-11, 
Sec. A-6. 28-B MRSA is enacted to read: 
TITLE28-B 
ADULT USE MARIJUANA 
CHAPTER1 
MARIJUANA LEGALIZATION ACT 
SUB CHAPTER 1 
GENERAL PROVISIONS 
§101. Short title 
This chapter may be known and cited as "the Marijuana Legalization Act." 
§ 102. Definitions 
As used in this Title, unless the context otherwise indicates, the following terms have 
the following meanings. 
1. 
Adult use marijuana. 
"Adult use marijuana" means marijuana cultivated, 
manufactured, distributed or sold by a marijuana establishment. 
2. 
Adult use marijuana product. 
"Adult use marijuana product" means a 
marijuana product that is manufactured, distributed or sold by a marijuana establishment. 
3. Another jurisdiction. "Another jurisdiction" means the Federal Government, the 
United States military, the District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, 
American Samoa and each of the several states of the United States except Maine. 
4. Applicant. "Applicant" means a person that submits an application for a license 
under this chapter to the depaiiment for review that the dcpaiiment has not yet approved 
or denied. 
5. Batch. "Batch" means: 
A. A specific quantity of adult use marijuana harvested during a specified period of 
time from a specified cultivation area within a cultivation facility: or 
B. 
A specific quantity of adult use marijuana or adult use marijuana products 
produced during a specified period of time in a specified manufacturing area within a 
products manufacturing facility. 
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COMMITTEE AMENDMENT ·A" to H.P. 1199, L.D. 1719 
6. Batch number. "Batch number" means a distinct group of numbers, letters or 
symbols, or any combination thereof, assigned to a specific batch of adult use marijuana 
by a cultivation facility or to a specific batch of adult use marijuana or adult use 
marijuana products by a products manufacturing facility. 
7. Business entity. "Business entity" means a partnership, association, company, 
corporation, limited liability company or other entity incorporated or otherwise formed or 
organized by law. 
"Business entity" does not include a federal, state or municipal 
government organization. 
8, 
Child-resistant. 
"Child-resistant" means, with respect to packaging or a 
container: 
A. Specially designed or constructed to be significantly difficult for a typical child 
under 5 years of age to open and not to be significantly difficult for a typical adult to 
open and reseal; and 
B. With respect to any product intended for more than a single use or that contains 
multiple servings, resealable. 
9. Commissioner. "Commissioner" means the Commissioner of Administrative and 
Financial Services. 
10. Container. "Container" means a sealed package in which adult use marijuana or 
an adult use marijuana product is placed by a marijuana store prior to sale to a consumer 
and that meets all applicable packaging, labeling and health and safety requirements of 
this chapter and the rules adopted pursuant to this chapter. 
11. Criminal justice agency. "Criminal justice agency" has the same meaning as in 
Title 16, section 803, subsection 4. 
12. 
Cultivation or cultivate. 
"Cultivation" or "cultivate" means the planting, 
propagation, growing, harvesting, drying, curing, grading, trimming or other processing 
of marijuana for use or sale. "Cultivation" or "cultivate" does not include manufacturing, 
testing or marijuana extraction. 
13. Cultivation facility. "Cultivation facility" means a facility licensed under this 
chapter to purchase marijuana plants and seeds from other cultivation facilities; to 
cultivate, prepare and package adult use marijuana; to sell adult use marijuana to products 
manufacturing facilities, to marijuana stores and to other cultivation facilities: and to sell 
marijuana plants and seeds to other cultivation facilities and immature marijuana plants 
and seedlings to marijuana stores. 
14. 
Department. 
"Department" means the Department of Administrative and 
Financial Services. 
15. Disqualifying drug offense. "Disqualifying drug offense" means a conviction 
7 
for a violation of a state or federal controlled substance law that is a crime punishable by 
imprisonment for one year or more, except that "disqualifying drug offense" does not 
include: 
A. An offense for which the sentence, including any term of probation, incarceration 
or supervised release, was completed .10 or more years prior to the submission of an 
application for a license under this chapter; or 
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COMMIITEE AMENDMENT ·A "to H.P. 1199, L,D. 1719 
B. An offense that consisted of conduct that is authorized under chapter 3. 
16. Edible marijuana product. "Edible marijuana product" means a marijuana 
product intended to be consumed orally, including, but not limited to, any type of food, 
drink or pill containing marijuana or marijuana concentrate. 
17. 
Flowering. 
"Flowering'' means, with respect to a marijuana plant, the 
gametophytic or reproductive state of a female marijuana plant during which the plant is 
in a light cycle intended to produce flowers, trichomes and cannabinoids characteristic of 
marijuana. 
18. Identity statement. "Identity statement" means the name of a business entity as 
it is commonly known and used in any advertising or marketing by the business entity. 
19. Immature marijuana plant. "Immature marijuana plant" means a marijuana 
plant that is not a mature madjuana plant or a seedling. 
20. Inherently hazardous substance. "Inherently hazardous substance" means a 
liquid chemical, compressed gas or commercial product that has a flash point at or lower 
than 38 degrees Celsius or 100 degrees Fahrenheit, including, but not limited to, butane, 
propane and diethyl ether. "Inherently hazardous substance" does not include any form 
of alcohol or ethanol. 
21. Intoxication. 
11Intoxication
means a substantial impairment of an individual's 
mental or physical faculties as a result of drug or alcohol use. 
22. Law enforcement officer. "Law enforcement officer" has the same meaning as 
in Title 17-A, section 2, subsection 17. 
23. Licensed premises. "Licensed premises" means the premises specified in a 
license to operate a marijuana establishment within which the licensee is authorized under 
this chapter and the rules adopted pursuant to this chapter to cultivate, manufacture, 
distribute, test or sell adult use marijuana or adult use marijuana products. 
24. Licensee. "Licensee" means a person licensed pursuant to this chapter to operate 
a marijuana establishment. 
25. Limited access area. "Limited access area" means a building, room or other 
area within the licensed premises of a marijuana establishment where a licensee is 
authorized to cultivate, store, weigh, manufacture, package or otherwise prepare for sale 
adult use marijuana and adult use marijuana products in accordance with the provisions 
of this chapter and the rules adopted pursuant to this chapter. 
26. Manufacturing or manufacturn. "Manufacturing" or 
11manufacture
means the 
production, blending, infusing, compounding or other preparation of marijuana and 
marijuana products, including, but not limited to, marijuana extraction or preparation by 
means of chemical synthesis. 
11Manufacturing
or 
11manufacture
does not include 
cultivation or testing. 
27. 
Marijuana. 
"Marijuana" means the leaves, stems, flowers and seeds of a 
marijuana plant, whether growing or not. "Marijuana" includes marijuana concentrate but 
does not include industrial hemp as defined in Title 7, section 2231, subsection 1 or a 
marijuana product. 
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COMMITTEE AMENDMENT ·A "to H.P. 1199, L.D. 1719 
28. Marijuana concentrate. "Marijuana concentrate" means the resin extracted 
from any part of a marijuana plant and every compound, manufacture, salt, derivative, 
mixture or preparation from such resin, including, but not limited to, hashish. 
In 
determining the weight of marijuana concentrate in a marijuana product. the weight of 
any other ingredient combined with marijuana or marijuana concentrate to prepare the 
marijuana product may not be included. 
29. 
Marijuana establishment. 
"Marijuana establishment" means a cultivation 
facility, a products manufacturing facility, a testing facility or a marijuana store licensed 
under this chapter. 
30. Marijuana extraction. "Marijuana extraction" means the process of extracting 
marijuana concentrate from marijuana using water. lipids. gases. solvents or other 
chemicals or chemical processes. 
31. Marijuana flower. "Marijuana flower" means the pistillate reproductive organs 
of a mature marijuana plant. whether processed or unprocessed. including the flowers and 
buds of the plant. "Marijuana flower" does not include marijuana trim or whole mature 
marijuana plants. 
32. Marijuana plant. 
"Marijuana plant" means all species of the plant genus 
cannabis, including, but not limited to, a mother plant, a mature marijuana plant, an 
immature marijuana plant or a seedling. 
33. 
Marijuana product. 
"Marijuana product" means a product composed of 
marijuana or marijuana concentrate 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. "Marijuana product" does not 
include marijuana concentrate. 
34. Marijuana store. "Marijuana store" means a facility licensed under this chapter 
to purchase adult use marijuana, immature marijuana plants and seedlings from a 
cultivation facility, to purchase adult use marijuana and adult use marijuana products 
from a products manufacturing facility and to sell adult use marijuana, adult use 
marijuana products, immature marijuana plants and seedlings to consumers. 
35. Marijuana trim, "Marijuana trim" means any part of a marijuana plant, whether 
processed or unprocessed, that is not marijuana flower or a marijuana seed. 
36. Mature marijuana plant. "Mature marijuana plant" means a marijuana plant 
that is flowering. 
37. Mother plant. "Mother plant" means a mature marijuana plant that is used 
solely for the talcing of seedling cuttings. 
38. Municipality. "Municipality" means a city, town or plantation in this State that 
is not located within the unorganized and deorganized areas. 
39. Opaque. "Opaque" means, with respect to packaging or a container, that any 
product inside of the packaging or container cannot be seen from outside the packaging or 
container. 
· 
40. Person. "Person" means a natural person or a business entity. 
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41. Plant canopy. 
"Plant canopy" means the total surface area within the licensed 
premises of a cultivation facility that is authorized by the department for use at any time 
by the cultivation facility licensee to cultivate mature marijuana plants. The surface area 
of the plant canopy must be calculated in square feet and measured using the outside 
boundaries of the area and must include all of the area within the boundaries. If the 
surface area of the plant canopy consists of noncontiguous areas, each component area 
must be separated by identifiable boundaries. If a tiered or shelving system is used by the 
cultivation facility licensee, the surface area of each tier or shelf must be included in 
calculating the area of the plant canopy. Calculation of the area of the plant cano12y may 
not include the areas within the licensed premises of a cultivation facility that are used by 
the licensee to cultivate immature marijuana plants and seedlings and that are not used by 
the licensee at any time to cultivate mature marijuana plants. 
42. Primary caregiver. "Primaty caregiver" has the same meaning as in Title 22, 
section 2422, subsection 8-A. 
43. Products manufacturing facility. "Products manufacturing facility" means a 
facility licensed under this chapter to purchase adult use marijuana from a cultivation 
facility or another products manufacturing facility; to manufacture, label and package 
adult use marijuana and adult use marijuana products; and to sell adult use marijuana and 
adult use marijuana products to marijuana stores and to other products manufacturing 
facilities. 
44. Propagation. "Propagation" means the process of reproducing marijuana plants 
through the use of marijuana seeds, cuttings or grafting. 
45. Qualifying patient. "Qualifying patient" means a person who possesses a valid 
ce1iification for the medical use of marijuana pursuant to Title 22, section 2423-B. 
46. Registered dispensary. "Registered dispensaty" means a nonprofit dispensaty 
that is registered pursuant to Title 22, section 2428. 
47. Registered primary caregiver. "Registered primary caregiver" has the same 
meaning as in Title 22, section 2422, subsection 11. 
48. Resident. "Resident" means a natural person who: 
A. Has filed a resident individual income tax return in this State pursuant to Title 36, 
Part 8 in each of the 4 years prior to the year in which the person files an application 
for licensure under this chapter. This paragraph is repealed June 1, 2021; 
B. Is domiciled in this State; and 
C. Maintains a pennanent place of abode in this State and spends in the aggregate 
5 
more than 183 days of the taxable year in this State. 
49. Sale or sell. 
"Sale" or "sell" means a transfer or delive1y of marijuana or 
marijuana products for consideration. 
50. Sample. "Sample" means: 
A. 
An amount of marijuana or an amount of a marijuana product provided to a 
testing facility by a marijuana establishment or other person for testing or research 
and development purposes in accordance with subchapter 6; 
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B. An amount of adult use marijuana or an amount of an adult use marijuana product 
collected from a licensee by the department for the purposes of testing the marijuana 
or marijuana product for product quality control purposes pursuant to section 512, 
subsection 2: 
C. An amount of adult use marijuana provided by a cultivation facility to another 
licensee for business or marketing purposes pursuant to section 501, subsection 8: or 
D. An amount of adult use marijuana or an amount of an adult use marijuana product 
provided to another licensee by a products manufacturing facility for business or 
marketing purposes pursuant to section 502, subsection 6. 
51. Seedling. "Seedling" means a marijuana plant that is: 
A. Not flowering; 
B. Less than 6 inches in height: and 
C. Less than 6 inches in width. 
52. Tamper-evident. "Tamper-evident" means, with respect to a device or process, 
bearing a seal, a label or a marking that makes unauthorized access to or tampering with a 
package, product or container easily detectable. 
53. 
Testing or test. 
"Testing" or "test" means the research and analysis of 
marijuana, marijuana products or other substances for contaminants, safety or potency. 
"Testing" or "test" does not include cultivation or manufacturing. 
54. Testing facility. "Testing facility" means a facility licensed under this chapter to 
develop, research and test marijuana, marijuana products and other substances. 
55. THC. "THC" means tetrahydrocannabinol. 
56. Universal symbol. 
"Universal symbol" means an image developed by the 
department, and made available to licensees, that indicates that a container, package or 
product contains marijuana or contains or is a marijuana product. 
57. Unorganized and deorganized areas. "Unorganized and deorganized areas" 
has the same meaning as in Title 12, section 682, subsection 1. 
58. Visibly intoxicated. "Visibly intoxicated" means in a state of intoxication 
accompanied by a perceptible act, a series of acts or the appearance of an individual that 
clearly demonstrates the state of intoxication. 
§103. Unauthorized conduct; penalties 
1. Unauthorized conduct. Except as otherwise provided in this chapter, in the rules 
adopted pursuant to this chapter, in chapter 3 or in the Maine Medical Use of Marijuana 
Act or as specifically authorized pursuant to a license issued under this chapter, a person 
may not: 
A. Cultivate, manufacture or test marijuana or marijuana products: 
B. Sell or offer for sale marijuana or marijuana products: or 
C. 
Use, possess. transport, transfer, furnish or purchase marijuana or marijuana 
products. 
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2. Penalties. In addition to any penalties that may be imposed pursuant to this 
chapter or chapter 3, a person that violates any other provision of law or rule governing 
the conduct prohibited under subsection 1 is subject to any criminal or civil penalties that 
may be imposed pursuant to that other law or rule. 
§104. Implementation, administration and enforcement; staffing; rulemaking 
1. 
Implementation, administration and enforcement. 
The department shall 
implement, administer and enforce this chapter and the rules adopted pursuant to this 
chapter and has the sole authority under this chapter to: 
A. Grant or deny applications for the licensure of marijuana establishments under 
O 
this chapter; and 
B. 
Impose on a licensee any penalty authorized under this chapter or the rules 
adopted pursuant this chapter, including, but not limited to, a monetary penal!Y or a 
suspension or revocation of the licensee's license, upon a determination that the 
licensee has committed a violation of this chapter, a rule adopted pursuant to this 
chapter or a condition of Ii censure. 
2. Staffing. The department may employ personnel as necessary to implement, 
administer and enforce this chapter and the rules adopted pursuant to this chapter. 
3. Rulemaking; consultation. The department shall adopt all rules necessary to 
implement, administer and enforce this chapter. 
A. The department shall consult with the Department of Agriculture, Conservation 
and Forestty prior to the adoption of any rules concerning the regulation of the 
cultivation, manufacture and testing of adult use marijuana and adult use marijuana 
products at cultivation facilities, products manufacturing facilities and testing 
facilities; the regulation of marijuana seeds and clones and marijuana plants; the use 
of pesticides, fungicides and herbicides in cultivation; the imposition of limits on the 
concentration of THC and other cannabinoids per serving in adult use marijuana 
products; odor control standards, sanitary standards, refrigeration requirements and 
storage and warehousing standards for licensees; and the regulation of the 
preparation, manufacture, testing, packaging and labeling of adult use marijuana and 
adult use marijuana products. 
B. The department shall consult with the Department of Labor prior to the adoption 
of any rules concerning workplace, employment or other labor matters involved in 
the regulation of adult use marijuana and adult use marijuana products under this 
chapter. 
C. The department shall consult with the Depa1iment of Public Safety prior to the 
adoption of any rules concerning public safety or law enforcement matters involved 
in the regulation of adult use marijuana and adult use marijuana products under this 
chapter. 
Except as otherwise provided in this chapter, all rules adopted pursuant to this chapter are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
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COMMITTEE AMENDMENT·/}" to H.P. 1199, L.D. 1719 
§105. Tracking system 
The department shall implement and administer a system, referred to in this section 
as "the tracldng system," for the tracking of adult use marijuana and adult use marijuana 
products from immature marijuana plant to the point of retail sale, disposal or destruction. 
1. Data submission requirements. The tracking system must allow licensees to 
submit tracking data for adult use marijuana or adult use marijuana products to the 
department through manual data entry or through the use of tracking system software 
commonly used within the marijuana industry as determined by the department. 
2. 
Rules. 
The department shall adopt rules regarding the implementation and 
administration of the tracldng system and tracldng requirements for licensees. 
§106. Individual identification cards 
The department shall issue individual identification cards to natural persons licensed 
under this chapter and, upon the request of a licensee, shall issue individual identification 
cards to owners, officers, managers, contractors, employees or other support staff of the 
licensee who meet the requirements of this section for the issuance of an individual 
identification card. 
1. Rules. The department shall adopt rules regarding the issuance and format of and 
the information to be included on individual identification cards issued pursuant to this 
section. 
2. Criminal history record check. Prior to issuing an individual identification card 
to a natural person pursuant to this section, the department shall require the person to 
submit to a criminal history record check in accordance with section 204. 
§107. Collection and analysis of public health and safety data 
The department shall develop programs or initiatives to facilitate the collection and 
analysis of data regarding the effects of the use of marijuana in the State, including, but 
not limited to, youth and adult marijuana use; school suspension and discipline relating to 
the use of marijuana; poison center calls, emergency department visits and 
hospitalizations relating to the use of or exposure to marijuana; operating under the 
influence citations or arrests relating to the use of marijuana; motor vehicle accidents, 
including information on fatalities, relating to the use of marijuana: violent crime relating 
to the use of marijuana generally: violent crime and property crime relating to the 
regulated and unregulated adult use marijuana markets; and marijuana-related citations or 
arrests. The department may adopt rules to implement this section. 
§108. Awareness and education on public health and safety matters 
The department shall develop and implement or facilitate the development and 
implementation by a public or private entity of programs, initiatives and campaigns 
7 
focused on increasing the awareness and education of the public on health and safety 
matters relating to the use of marijuana and marijuana products, including, but not limited 
to, programs, initiatives and campaigns focused on preventing and deterring the use of 
marijuana and marijuana products by persons under 21 years of age. 
Programs, 
initiatives and campaigns developed and implemented pursuant to this section may be 
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funded with revenue from the Adult Use Marijuana Public Health and Safety Fund 
established in section 1101. The department may adopt rules to implement this section. 
§109. Enhanced training for criminal justice agencies 
The department shall develop and implement or facilitate the development and 
implementation by a public or private entity of programs or initiatives providing 
enhanced training for criminal justice agencies in the requirements and enforcement of 
this chapter and the rules adopted pursuant to this chapter, including, but not limited to, 
programs providing grants to regional or local criminal justice agencies to train law 
enforcement officers in inspections, investigations, searches, seizures, forfeitures and 
personal use and home cultivation allowances under this chapter and chapter 3 and the 
rules adopted pursuant to this chapter and in drug recognition procedures and the general 
enforcement of the State's motor vehicle and criminal laws relating to the use of 
marijuana. Training programs or initiatives for criminal justice agencies developed and 
implemented pursuant to this section may be funded with revenue from the Adult Use 
Marijuana Public Health and Safety Fund established in section 1101. The department 
may adopt rules to implement this section. 
§110. Investigation by a criminal justice agency of unlawful activity 
A criminal justice agency may investigate unlawful activity in relation to a marijuana 
establishment and may conduct a criminal history record check of a licensee or its 
employees during an investigation of unlawful activity in relation to a marijuana 
establishment. 
§111. Cultivation, care or sale of marijuana by state or local agency prohibited 
A state, county or local agency or department, including, but not limited to, the 
department and a criminal justice agency, may not: 
1. Cultivation or care of marijuana or marijuana products prohibited. Cultivate 
or otherwise care for or be required to cultivate or otherwise care for any marijuana or 
marijuana products belonging to, forfeited by or seized from any licensee or person 
pursuant to this chapter or chapter 3 or pursuant to any other applicable criminal or civil 
laws or rules; or 
2. Sale of marijuana or marijuana products prohibited. Sell or be required to sell 
marijuana or marijuana products belonging to, forfeited by or seized from any licensee or 
person pursuant to this chapter or chapter 3 or pursuant to any other applicable criminal 
or civil laws or rules or that are otherwise in the possession of the agency or department. 
§112. Employment policies 
Except as otherwise provided in the Maine Medical Use of Marijuana Act, an 
employer: 
1. Marijuana in workplace. Is not required to permit or accommodate the use, 
consumption, possession, trade, display, transportation, sale or cultivation of marijuana or 
marijuana products in the workplace; 
2. 
Workplace policies regarding marijuana use. 
May enact and enforce 
workplace policies restricting the use of marijuana and marijuana products by employees 
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in the workplace or while otherwise engaged in activities within the course and scope of 
employment: and 
3. Discipline of employees. May discipline employees who are under the influence 
of marijuana in the workplace or while otherwise engaged in activities within the course 
and scope of employment in accordance with the employer's workplace policies regarding 
the use of marijuana and marijuana products by employees. 
§113. Report to Legislature 
1. Report required. By February 15, 2020, and annually thereafter, the department 
shall submit a report to the joint standing committee of the Legislature having jurisdiction 
over adult use marijuana matters as provided in this section. 
2. Report contents. The report required under subsection 1 must, at a minimum, 
include the following information: 
A. The number of applications for each type of license submitted to the department 
pursuant to this chapter during the prior calendar year, including, if applicable, the 
number of applications for license renewals, and the number of each type of license 
conditionally approved by the department during the prior calendar year: 
B. The total number of each type of active license issued by the department pursuant 
to this chapter in the prior calendar year following local authorization of a 
conditionally approved licensee; 
C. The total square footage of plant canopy approved by the department for active 
cultivation facilities licensed in the prior calendar year, the percentage of active 
cultivation facility licenses by cultivation tier and, if applicable, the number of 
approved increases in the maximum plant canopy allowed under a tier 4 cultivation 
facility license in the prior calendar year pursuant to section 304; 
D. The total amount of application fees and license fees collected pursuant to this 
chapter and the total amount of the excise and sales tax revenue collected on the sale 
of adult use marijuana and adult use marijuana products during the prior calendar 
year: 
E. An overview of current adult use marijuana-related staffing at the department and 
the cost to the department to regulate the adult use marijuana industry in the State 
during the prior fiscal year and cost projections for the upcoming fiscal year: 
F. The total reported volume and value of adult use marijuana cultivated and sold by 
all cultivation facilities in the prior calendar year, when available: 
G. 
The total reported volume and value of adult use marijuana and adult use 
marijuana products sold by all marijuana stores in the prior calendar year, when 
available: 
7 
H. The number of inspections of the licensed premises of licensees performed by the 
8 
department during the prior calendar year and the results of those inspections, 
including, but not limited to, the number of inspections resulting in license violations 
and the percentage of all licensees inspected during the prior calendar year: 
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I. The number of license violations committed by licensees during the prior calendar 
year and a breakdown of those violations into specific categories based on the type of 
violation and the outcome of the violation, including, but not limited to, the total 
amount of monetary penalties imposed and collected by the department and the 
percentage of total license violations resulting in the imposition of a monetary 
penalty, license suspension or license revocation; 
J. Public health and safety data collected, received or analyzed by the department 
pursuant to section 107 in the prior calendar year; and 
K. Recommendations, including any suggested legislation, to address any issues with 
the regulation of the adult use marijuana industry in the State encountered by the 
department in the prior calendar year. 
3. Authority to report out legislation. After reviewing the rep01i required under 
subsection 1, the joint standing committee of the Legislature having jurisdiction over 
adult use marijuana matters 
may report out legislation to implement any 
recommendations contained in the report or to address any other issues identified in the 
report. 
SUBCHAPTER 2 
GENERAL LICENSING REQUIREMENTS 
§201. License process; license types 
The department, upon receipt of an application in the prescribed form that meets all 
applicable requirements for licensure under this chapter and the rules adopted pursuant to 
this chapter, shall issue to the applicant a conditional license to operate one or more of the 
following types of marijuana establishments or shall deny the application in accordance 
with section 206: 
1. Cultivation facility. Consistent with the requirements and restrictions of section 
205, subsection 2, paragraph A and subchapter 3, a cultivation facility license; 
2. Testing facility. Consistent with the requirements and restrictions of section 205, 
subsection 2, paragraph B and section 503, subsection 2, a testing facility license; 
3. Products manufacturing facility. A products manufacturing facility license; or 
4. Marijuana store. Consistent with the restrictions of section 205, subsection 2, 
paragraph C, a marijuana store license. 
Except as provided in section 205, the department may not impose any limitation on 
the number of each type of license that it issues to a qualified individual applicant or on 
the total number of each type of license that it issues to qualified applicants pursuant to 
this chapter. 
§202. General licensing criteria 
An applicant for a license to operate a marijuana establishment must meet each of the 
8 
following requirements, if applicable. Except as otherwise provided in this section, if the 
applicant is a business entity, every officer, director, manager and general partner of the 
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COMMITTEE AMENDMENT "A" to H.P. 1199, L.D. 1719 
business entity must meet each of the requirements of this section. An applicant shall 
disclose in or include with its application the names and addresses of the applicant and all 
natural persons and business entities having a direct or indirect financial interest in the 
applied-for license and the nature and extent of the financial interest held by each person 
or entity and, if applicable, the nature and extent of any financial interest the person or 
entity has in any other license applied for or issued under this chapter. 
1. Age. The applicant must be at least 21 years of age. If the applicant is a business 
entity, every officer, director, manager and general partner of the business entity must be 
at least 21 years of age. 
2. Resident. If the applicant is a natural person, the applicant must be a resident. If 
the applicant is a business entity: 
A. Every officer, director, manager and general partner of the business entity must be 
a natural person who is a resident; and 
B. A majority of the shares, membership interests, partnership interests or other 
equity ownership interests as applicable to the business entity must be held or owned 
by natural persons who are residents or business entities whose owners are all natural 
persons who are residents. 
This subsection does not apply to an applicant for a testing facility license. 
3. Incorporated in State. If the applicant is a business entity, the business entity 
must be incorporated in the State or otherwise formed or organized under the laws of the 
State. 
4. No disqualifying drug offense. The applicant may not have been previously 
convicted of a disqualifying drug offense. 
5. Not employee of state agency. The applicant may not be employed by the 
department or any other state agency with regulatory authority under this chapter or the 
rules adopted pursuant to this chapter. 
6. Not law enforcement officer or corrections officer. The applicant may not be a 
law enforcement officer; a corrections officer as defined in Title 25, section 2801-A, 
subsection 2; or any other natural person subject to the certification requirements of Title 
25, chapter 341. 
7. No license revocation. The applicant may not have had a license previously 
. 32 
issued under this chapter revoked. 
8. No medical registry identification card or registration certificate revocation. 
The applicant may not have had a registry identification card or registration certificate 
previously issued pursuant to the Maine Medical Use of Marijuana Act revoked. 
9. No 1·evocation of other state marijuana license, permit, certificate or other 
governmenUssued authorization. The applicant may not have had a license, permit, 
certificate or other government-issued authorization issued in another jurisdiction 
allowing the cultivation, manufacture, testing or sale of marijuana or marijuana products 
revoked. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1199, L.D. 1719 
10. No outstanding court-ordered payments. A license may not be issued to an 
applicant that has any outstanding pavments due in this State on court-ordered fines, 
court-appointed attorney's fees or court-ordered restitution. 
11. 
Criminal history record check. 
The applicant must have submitted to a 
criminal history record check in accordance with the requirements of section 204. 
12. Compliance with application process; no false statement of material fact. 
The applicant must have completed all application fotms required by the department fully 
and truthfully and complied with all information requests of the department relating to the 
license application. A license may not be issued to an applicant that has knowingly or 
recklessly made any false statement of material fact to the department in applying for a 
license under this chapter. The department shall revoke the license of a licensee pursuant 
to subchapter 8 if. subsequent to the issuance of the license, the department determines 
that the licensee knowingly or recklessly made a false statement of material fact to the 
department in applying for the license. 
§203. Additional licensing considerations 
An applicant for a license to operate a marijuana establishment shall submit, and the 
department shall consider in determining whether to grant the license, the following 
additional information. If the applicant is a business entity. the applicant must submit the 
information required by this section for every officer, director, manager and general 
partner of the business entity. 
1. 
Other convictions. 
The applicant shall submit information regarding the 
applicant's criminal convictions in this State or in another jurisdiction for any offense 
involving dishonesty, deception, misappropriation or fraud. The applicant may submit 
and the department shall consider if submitted any information regarding the applicant's 
criminal history record, including, but not limited to, evidence of rehabilitation, character 
references and educational achievements, with special consideration given to the time 
between the applicant's last criminal conviction and the consideration by the department 
of the application for licensure. 
2. Tax compliance. The applicant shall submit information regarding: 
A. The applicant's history of paying income and other taxes owed to the State, to 
another jurisdiction, if applicable, and to the United States Internal Revenue Service 
over the 2 years immediately preceding the year in which the application is filed; and 
B. Any outstanding tax liens imposed or levied against the applicant in this State or 
in another jurisdiction within the 5 years immediately preceding the year in which the 
application is filed. 
3. Other state marijuana-related violations or penalties. If the applicant has held 
a license, permit, certificate or other government-issued authorization in another 
jurisdiction allowing the cultivation, manufacture, testing or sale of marijuana or 
marijuana products, the applicant shall submit information regarding any violations by or 
penalties imposed on the applicant in that other jurisdiction. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A"toH.P.1199,L.D.1719 
§204. Criminal history record check 
The department shall request a criminal history record check for each applicant for a 
license under this chapter and may at any time require a licensee to submit to a criminal 
his.tory record check in accordance with this section. If the applicant is a business enti!Y, 
every officer, director, manager and general partner of the business entity is required to 
submit to a criminal history record check in accordance with this section. A criminal 
history record check conducted pursuant to this section must include criminal history 
record information obtained from the Maine Criminal Justice Information System 
established in Title 16, section 631 and the Federal Bureau of Investigation. 
1. Record of public criminal history information required. Criminal history 
record information obtained from the Maine Criminal Justice Information System 
pursuant to this section must include a record of public criminal history record 
inf01mation as defined in Title 16, section 703, subsection 8. 
2. 
Other state and national criminal history record information required. 
Criminal history record information obtained from the Federal Bureau of Investigation 
pursuant to this section must include other state and national criminal history record 
information. 
3. Fingerprinting. An individual required to submit to a criminal history record 
check under this section shall submit to having the individual's fingerprints taken. The 
State Police, upon payment by the individual of the fee required under subsection 4, shall 
take or cause to be taken the individual's fingerprints and shall forward the fingerprints to 
the Department of Public Safety, Bureau of State Police, State Bureau of Identification. 
The State Bureau of Identification shall conduct the state and national criminal history 
record checks required under this section. Except for the portion of a payment, if any, 
that constitutes the processing fee for a criminal history record check charged by the 
Federal Bureau of Investigation, all money received by the State Police under this section 
must be paid to the Treasurer of State, who shall apply the money to the expenses 
incurred by the Department of Public Safety in the administration of this section. 
4. Fees. The department shall by rule set the amount of the fee to be paid by an 
individual under subsection 3 for each criminal history record check required to be 
performed under this section. 
5. Availability of criminal history record information. The subject of a Federal 
Bureau of Investigation criminal history record check may obtain a copy of the criminal 
history record check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record 
6 
check may inspect and review the criminal history record information pursuant to Title 
16, section 709. 
6. Use of criminal history record information. State and national criminal history 
record information obtained by the department under this section may be used only for 
the purpose of screening an applicant for a license or a licensee under this chapter or as 
necessary for the issuance of an individual identification card under section 106. 
7. 
Confidentiality. 
All criminal histoiy record information obtained by the 
department pursuant to this section is confidential, is for the official use of the department 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 1199, L.D. 1719 
only and may not be disseminated outside of the department or disclosed to any other 
person or entity except as provided in subsection 5. 
8. Rules. The department, after consultation with the Department of Public Safety, 
Bureau of State Police, State Bureau of Identification, shall adopt rules to implement this 
section. 
§205. Application process; issuance of license 
1. Forms; payment of fees. An applicant shall file an application on forms prepared 
and furnished by the department for the type of license sought along with the appropriate 
application fee as determined by the department pursuant to section 207. 
O 
2. Applications for multiple licenses. An applicant may apply for and be granted 
multiple licenses of any license type under this chapter, except that: 
A. If the applicant has applied for the issuance or renewal of a cultivation facility 
license, the issuance or renewal of the cultivation facility license may not result in the 
applicant or a person with a direct or indirect financial interest in that license holding 
or having a direct or indirect financial interest in: 
(1) More than 3 cultivation facility licenses; or 
(2) Multiple cultivation facility licenses with a combined total licensed amount 
of plant canopy exceeding 30,000 square feet, except when that exceedance is 
solely attributable to approved increases in the maximum licensed area of plant 
canopy authorized under a tier 4 cultivation facility license pursuant to section 
304; 
B. If the applicant has applied for the issuance or renewal of a testing facility license, 
the applicant may not be a primary caregiver or registered primary caregiver or have 
an interest in a registered dispensary, a cultivation facility license, a products 
manufacturing facility license or a marijuana store license. If the applicant has 
applied for the issuance or renewal of any license under this chapter that is not a 
testing facility license, the applicant may not have an interest in a testing facility 
license. An applicant that meets the requirements for the issuance of a testing facility 
license under this chapter and the requirements of this paragraph may apply for and 
be issued multiple testing facility licenses. For purposes of this paragraph, 
11interest
means an equity ownership interest or a partial equity ownership interest or any other 
type of financial interest, including, but not limited to, being an investor or serving in 
a management position; and 
C. If the applicant has applied for the issuance or renewal of a marijuana store 
license, the issuance or renewal of the marijuana store license may not result in the 
applicant or a person with a direct or indirect financial interest in that license holding 
or having a direct or indirect financial interest in more than 4 marijuana store 
licenses. 
This paragraph is repealed January L 2022. 
3. Issuance of conditional license. Within 90 days of receipt of an application for a 
license to operate a marijuana establishment or for renewal of an existing license to 
operate a marijuana establishment, the department either shall issue to the applicant a 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toH.P.1199,L,D.1719 
conditional license to operate the marijuana establishment if the applicant meets all 
applicable requirements for licensure under this chapter and the rules adopted pursuant to 
this chapter or shall deny the application in accordance with section206. 
A. A licensee that has been issued a conditional license by the department may not 
engage in the cultivation, manufacture, testing or sale of adult use marijuana or adult 
use marijuana products until the department has issued an active license to the 
licensee pursuant to subsection 4. 
B. A conditional license issued by the department pursuant to this subsection is 
effective for a period of one year from the date of issuance and may not be renewed. 
If a licensee issued a conditional license by the department fails to obtain an active 
license from the department pursuant to subsection 4 within one year from the date of 
issuance of the conditional license, the conditional license expires. 
4. 
Issuance of active license upon certification of local authorization and 
payment of applicable license fee. The department shall issue an active license to an 
applicant that has been issued a conditional license pursuant to subsection 3 and that 
meets all applicable requirements of this subsection. 
A. 
Within 10 days of receiving certification of local authorization from a 
municipality as required by section 402, subsection 3, paragraph B or, in the case of a 
marijuana establishment to be located in the unorganized and deorganized areas, from 
the Maine Land Use Planning Commission as required by section 403, subsection 3, 
paragraphs B and C, the department shall notify the applicant that certification of 
local authorization has been confitmed and that, in order for the department to issue 
an active license, the applicant must: 
(1) Pay the applicable license fee required pursuant to section 207: 
(2) Submit a facility plan that specifies the location, size and layout of the 
marijuana establishment within the municipality or, in the case of a marijuana 
establishment to be located in the unorganized and deorganized areas, within the 
town, plantation or township in which the marijuana establishment will be 
located; 
(3) If the application is for a license to operate a cultivation facility, submit 
updated operating and cultivation plans as required under section 302 based upon 
the actual premises to be licensed, except that, if no changes to the original 
operating and cultivation plans submitted by the applicant are necessary based 
upon the actual premises to be licensed, then the applicant may satisfy this 
requirement by resubmitting the original operating and cultivation plans and 
noting on those plans that no changes are necessary; and 
(4) If the application is for a license to operate a nursery cultivation facility, as 
described in section 301, subsection 5, or a marijuana store, register with the 
State Tax Assessor pursuant to Title 36, section 1754-B to collect and remit the 
sales tax on the sale of adult use marijuana and adult use marijuana products 
imposed under Title 36, section 1811. 
B. The department shall prepare and furnish to applicants, municipalities and the 
Maine Land Use Planning Commission a ce1tification form by which the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1199, L.D. 1719 
municipality may certify to the department that the applicant has obtained local 
authorization as required by section 402, subsection 3, paragraph B or, in the case of 
a marijuana establishment to be located in the unorganized and deorganized areas, the 
Maine Land Use Plam1ing Commission may ce1iify to the depatiment that the 
applicant has obtained local authorization as required by section 403, subsection 3, 
paragraphs B and C. 
C. 
Upon receipt of payment of the applicable license fee and any other 
documentation required under paragraph A, the depatiment shall issue an active 
license to the applicant. The license must specify the date of issuance of the license, 
the period of I icensure, the date of expiration of the I icense, the name of the licensee 
and the address of the licensed premises. 
5. Each license separate, Each license issued by the depatiment to an applicant 
under this chapter is separate and distinct from any other license issued by the depaiiment 
to that same applicant under this chapter. A person must obtain a separate license under 
this chapter for each proposed geographical location of any type of marijuana 
establishment. 
6. Licensee must maintain possession of premises. As a condition of licensure, a 
licensee must at all times maintain possession of the licensed premises of the marijuana 
establishment that the licensee is licensed to operate, whether pursuant to a lease, rental 
agreement or other arrangement for possession of the premises or by virtue of ownership 
of the premises. If a licensee fails to maintain possession of the licensed premises, the 
licensee shall immediately cease all activities relating to the operation of the marijuana 
establishment and may apply to the depatiment for relocation of the licensed premises 
pursuant to section 211 or may terminate its license pursuant to section 212. 
§206. Denial of license 
1. Denial for good cause. The depatiment, for good cause, may deny an application 
for an initial license, a license renewal, a transfer of ownership interests or a relocation of 
licensed premises. Denial of an application by the depatiment pursuant to this section 
constitutes a final agency action as defined in Title 5, section 8002, subsection 4. 
2. Good cause defined. As used in this section, "good cause" means a finding by 
the depatiment that: 
A. An applicant or licensee has violated, does not meet or has failed to comply with 
any of the terms, conditions or provisions of this chapter, the rules adopted pursuant 
to this chapter or any other applicable state or local law, rule or regulation; or 
B. An applicant or licensee has failed to comply with any special terms, consent 
decree or conditions placed upon the previously issued license pursuant to an order of 
7 
the department; the municipality in which the licensed premises are located; the town 
8 
or plantation in the unorganized and deorganized areas in which the licensed 
premises are located; in the case of a township in the unorganized and deorganized 
areas in which the licensed premises are located, the county commissioners of the 
county in which the township is located; or, in the case of a marijuana establishment 
located in the unorganized and deorganized areas, the Maine Land Use Planning 
Commission. 
COMMITTEE AMENDMENT 
COMJvUTTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
3. Notification of denial and right to appeal. Upon the department's determination 
to deny a license application, the department shall notify the applicant in writing of the 
denial, the basis for the denial and the applicant's right to appeal the denial to the Superior 
Court in accordance with Rule 80C of the Maine Rules of Civil Procedure. 
§207. Application fees; license fees 
The department, in accordance with the provisions of this section, shall adopt by rule 
a licensing fee schedule establishing fees that are designed to meet, but not to exceed, the 
estimated licensing, enforcement and administrative costs of the department under this 
chapter. 
1. Fees for cultivation facilities. For a cultivation facility license, the department 
shall require payment of an application fee and a license fee as follows: 
A. For a tier 1 cultivation facility license, as described in section 301, subsection 1, 
an application fee of $100 and a license fee as follows: 
(1) If the applicant has applied for a plant-count-based tier 1 cultivation facilizy 
license as described in section 301, subsection 1, paragraph A, a license fee of 
not more than $9 per mature marijuana plant for an outdoor cultivation facility 
and not more than $17 per mature marijuana plant for an indoor cultivation 
facility or a cultivation facility with both indoor and outdoor cultivation areas; or 
(2) If the applicant has applied for a plant-canopy-based tier 1 cultivation facility 
license as described in section 301, subsection 1, paragraph B, a license fee of not 
more than $250 for an outdoor cultivation facility and not more than $500 for an 
indoor cultivation facility or a cultivation facility with both indoor and outdoor 
cultivation areas; 
B. For a tier 2 cultivation facility license, as described in section 301, subsection 2, 
an application fee of $500 and a license fee of not more than $1.500 for an outdoor 
cultivation facility and not more than $3,000 for an indoor cultivation facility or a 
cultivation facility with both indoor and outdoor cultivation areas; 
C. For a tier 3 cultivation facility license, as described in section 301, subsection 3, 
an application fee of $500 and a license fee of not more than $5,000 for an outdoor 
cultivation facility and not more than $10,000 for an indoor cultivation facility or a 
cultivation facility with both indoor and outdoor cultivation areas; 
D. For a tier 4 cultivation facility license, as described in section 301, subsection 4, 
3 
an application fee of $500 and a license fee of not more than $15, 000 for an outdoor 
cultivation facility and not more than $30,000 for an indoor cultivation facility or a 
cultivation facility with both indoor and outdoor cultivation areas. except that, for a 
tier 4 cultivation facility license for which an increased amount of licensed plant 
canopy has been approved by the department pursuant to section 304, for each 
approved increase in the amount of licensed plant canopy, the department may 
increase the maximum license fee by not more than $5,000 for an outdoor cultivation 
facility and by not more than $10,000 for an indoor cultivation facility or a 
cultivation facility with both indoor and outdoor cultivation areas; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1199, L.D. 1719 
E. For a nurse1y cultivation facility license, as described in section 301, subsection 5, 
an application fee of $60 and a license fee of $350. 
2. 
Fees for products manufacturing facilities and marijuana stores. 
For a 
products manufacturing facility license or a marijuana store license, the department shall 
require payment of an application fee of $250 and a license fee of not more than $2,500. 
3. Fees for testing facilities. For a testing facility license, the department shall 
require payment of an application fee of $250 and a license fee of not more than $1,000. 
4. Payment of fees; fees to be deposited into Adult Use Marijuana Regulatory 
Coordination Fund. 
An applicant shall pay the application fee required by the 
department at the time that the applicant submits an application for licensure to the 
department for processing. 
An applicant shall pay the license fee required by the 
depatiment in accordance with section 205, subsection 4. 
All fees collected by the 
department pursuant to this section must be deposited into the Adult Use Marijuana 
Regulat01y Coordination Fund established in section 1102. 
5. Return of fees prohibited. The department may not return to an applicant or 
licensee or reimburse an applicant or licensee for any portion of an application or license 
fee paid by the applicant or licensee, regardless of whether the applicant withdraws its 
application prior to a final decision of the department on the application, the licensee 
voluntarily terminates its license pursuant to section 212 or the department suspends or 
revokes the licensee's license in accordance with the provisions of subchapter 8. 
§208. License term 
An active license issued by the department pursuant to section 205, subsection 4 is 
effective for a period of one year from the date of issuance and may be renewed pursuant 
to section 209. 
§209. License renewal 
1. Notification of expiration date. Ninety days prior to the expiration of an existing 
license issued under section 205, subsection 4, the department shall notify the licensee of 
the expiration date and the opportunity for renewal. Except as otherwise provided in this 
section, a licensee seeking to renew an existing license must file an application for 
renewal with the depatiment, on forms prepared and fumished by the depa1iment, not less 
than 30 days prior to the date of expiration of the license. 
2. Extension for good cause shown; late applications. Notwithstanding subsection 
1, the department may for good cause shown accept an application for renewal of an 
existing license less than 30 days prior to the date of expiration of the license upon the 
5 
payment of a late application fee to the depa1iment. The department may not accept an 
application for renewal of a license after the date of expiration of that license. 
3. Operation under expired license. A licensee that files an application for renewal 
8 
of its existing license and pays all required fees under this section prior to the expiration 
of the license may continue to operate the marijuana establishment under that license 
notwithstanding its expiration until such time as the department takes final action on the 
renewal application, except when the department suspends or revokes the license in 
COMMITTEE AMENDMENT 
COMM.ITIEE AMENDMENT "A "to H.P. 1199, L.D. 1719 
accordance with the provisions of subchapter 8 prior to taking final action on the renewal 
application. 
4. 
Expired license; cessation of activity and forfeiture of marijuana and 
marijuana products. Except as provided in subsection 3, a person whose license has 
expired shall immediately cease all activities relating to the operation of the marijuana 
establishment previously authorized under that license and ensure that all adult use 
marijuana and adult use marijuana products cultivated, manufactured or otherwise in the 
possession of the person pursuant to that license are forfeited to the department for 
destruction in accordance with section 803. 
5. Renewal application process; fees; rules. An applicant seeking renewal of a 
license to operate a marijuana establishment must pay to the department a renewal 
application fee or, if applicable, a late renewal application fee, and must demonstrate 
continued compliance with all applicable licensing criteria under this chapter, including, 
but not limited to, obtaining local authorization as required by section 402, subsection 3, 
paragraph B or, in the case of a marijuana establishment located in the unorganized and 
deorganized areas, as required by section 403, subsection 3, paragraphs B and C, except 
that an applicant seeking renewal of a license is not required to submit to a criminal 
history record check under section 204 unless specifically required to do so by the 
department. 
A. The department may not issue an active license to a licensee seeking renewal of a 
license until the licensee obtains local authorization as required by section 402, 
subsection 3, paragraph B or, in the case of a marijuana establishment located in the 
unorganized and deorganized areas, as required by section 403, subsection 3, 
paragraphs B and C, pays the applicable license fee required under section 207 and 
meets all other applicable requirements for the issuance of an active license under 
section 205, subsection 4. 
B. The department shall by rule set forth requirements for the submission, processing 
and approval of a renewal application, which must include, but are not limited to, 
setting of a reasonable renewal application fee and a reasonable late renewal 
application fee. 
§210. Transfer of ownership interests 
1. 
Transfer annlication. 
A licensee may apply to the department, on forms 
prepared and furnished by the department, for approval to transfer ownership interests in 
the license, including, but not limited to, a transfer of only a portion of the ownership 
interests in the license. 
2. Compliance with licensure requirements; rules. A person seeking to assume an 
7 
ownership interest in a license pursuant to this section must demonstrate to the 
8 
department compliance with all applicable requirements for licensure under this chapter 
and the rules adopted under this chapter. 
The department shall by rule adopt 
requirements for the submission of a license transfer application and standards for the 
approval of a license transfer application, including, but not limited to, provisions relating 
to local authorization of a transfer of ownership interests in a license. 
COMMITTEE AMENDMENT 
COMlvfITTEEAMENDMENT"A "to H.P. 1199,L.D. 1719 
§211. Relocation of licensed premises 
1. Relocation application. A licensee may apply to the department, on forms 
prepared and furnished by the department, for approval to relocate the licensed premises 
of the marijuana establishment that the licensee is licensed to operate. 
2. Local authorization 1·eguired. The department shall, within 10 days of receiving 
certification of local authorization pursuant to section 402, subsection 3. paragraph B 
from the municipality in which the relocated licensed premises are to be located or 
pursuant to section 403, subsection 3, paragraphs B and C from the Maine Land Use 
Planning Commission if the relocated licensed premises are to be located in the 
unorganized and deorganized areas, notify the licensee that local authorization has been 
confirmed for the relocation and that the licensee may proceed with relocation, and the 
department shall issue to the licensee an updated license specifying the address of the 
new premises. 
3. Effect on license term. A relocation of licensed premises pursuant to this section 
does not extend or otherwise modify the license term of the license subject to relocation. 
4. Rules. The department shall by rule adopt requirements for the submission of a 
license relocation application and standards for the approval of a relocation application. 
§212. Termination of license 
1. Notification of termination required. A licensee may not permanently abandon 
the licensed premises of the licensee or otherwise permanently cease all activities relating 
to the operation of the marijuana establishment under its license, whether voluntarily or 
pursuant to a license revocation in accordance with subchapter 8, without notifying the 
department and the municipality in which the licensed premises are located at least 48 
hours in advance of the abandonment or termination. 
2. Forfeiture and destruction of marijuana and marijuana products. Prior to 
abandoning the licensed premises of the licensee or terminating operations, a licensee 
shall provide the department and the municipality in which the licensed premises are 
located with a full accounting of all adult use marijuana and adult use marijuana products 
located within the licensed premises and forfeit the marijuana and marijuana products to 
the department for destruction in accordance with section 803. 
For the purposes of this section, "municipality" means, in the case of a marijuana 
establishment not located in the 1morganized and deorganized areas, the city, town or 
plantation in which the marijuana establishment is located; or, in the case of a marijuana 
establishment located in the unorganized and deorganized areas, the Maine Land Use 
Planning Commission and the town or plantation in which the marijuana establishment is 
located or, in the case of a marijuana establishment located in a township, the county 
7 
commissioners of the county in which the township is located. 
§213. Notice of new owner, officer, manager or employee 
Before any proposed new owner, officer, manager or employee may own, manage, 
work for or otherwise associate with a licensee, the licensee shall notify the department in 
writing of the name, address and date of birth of the proposed new owner, officer, 
manager or employee and the proposed new owner, officer, manager or employee shall 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
submit to a criminal history record check pursuant to section 204, obtain an individual 
identification card pursuant to section 106 and, in the case of a new owner or other person 
assuming an equity ownership interest or a partial equity ownership interest in the license, 
obtain approval for the transfer of ownership interests pursuant to section 210. 
§214. Inactive licenses 
The degartment may revoke or refuse to renew any license if it determines that the 
licensed premises have been inactive without reasonable justification for a period of one 
year or more. 
§215. Notification to municipality; sharing of information with Bureau of Revenue 
Services 
The department shall notify a municipality within 14 days of the date the department 
approves, renews, denies, suspends or revokes the license of a licensee whose licensed 
premises are located or proposed to be located in the municipality; imposes a monetary 
penalty on a licensee located within the municipality; approves relocation of the licensed 
premises of a marijuana establishment to or from the municipality; or approves a transfer 
of ownership interest in a license with respect to which the licensed premises are located 
within the municipality. 
The department shall provide the Bureau of Revenue Services with the same 
information provided to a municipality under this section at the time that the department 
notifies the municipality. 
For the purposes of this section, "municipality" has the same meaning as in section 
212. 
SUBCHAPTER 3 
LICENSING REQUIREMENTS FOR CULTIVATION FACILITIES 
§301. Cultivation facility license types 
Subject to the requirements and restrictions of this subchapter and the requirements 
of subchapter 2, the department may issue to an applicant any of the following types of 
cultivation facility licenses: 
1. Tier 1 cultivation facility license. A tier 1 cultivation facility license, which 
allows cultivation by a licensee of: 
A. Not more than 30 mature marijuana plants and an unlimited number of immature 
marijuana plants and seedlings: or 
B. Not more than 500 square feet of plant canopy. 
An applicant for a tier 1 cultivation facility license shall designate in its cultivation plan 
whether the license sought is a plant-count-based tier 1 cultivation facility license under 
paragraph A or a plant-canopy-based tier 1 cultivation facility license under paragraph B. 
2. Tier 2 cultivation facility license. A tier 2 cultivation facility license, which 
allows cultivation by a licensee of not more than 2,000 square feet of plant canopy; 
COMMITTEE AMENDMENT 
COMMITTEE AM.ENDMENT "A" to H.P. 1199, L.D. 1719 
3. Tier 3 cultivation facility license. A tier 3 cultivation facility license, which 
allows cultivation by a licensee of not more than 7 ,000 square feet of plant canopy; 
4. Tier 4 cultivation facility license. A tier 4 cultivation facility license, which 
allows cultivation by a licensee of not more than 20,000 square feet of plant canopy, 
except as provided in section 304; or 
5. Nursery cultivation facility license. A nursery cultivation facility license, which 
allows cultivation by a licensee of not more than 1,000 square feet of plant canopy, 
subject to the requirements and restrictions of section 501, subsection 3. 
§302. Additional information required for application for cultivation facility license 
hl addition to the information required to be submitted to the department pursuant to 
subchapter 2 and the rules relating to licensure of a cultivation facility adopted pursuant 
to this chapter, an applicant for a cultivation facility license shall submit to the 
department the following information. 
1. Operating plan. The applicant shall submit an operating plan demonstrating the 
proposed size and layout of the cultivation facility; plans for wastewater and waste 
disposal for the cultivation facility; plans for providing electricity, water and other 
utilities necessary for the normal operation of the cultivation facility; plans for securing 
the proposed facility and otherwise meeting applicable security requirements under this 
chapter and the rules adopted pursuant to this chapter; and plans for compliance with 
applicable building code and federal and state environmental requirements. 
2. Cultivation plan. The applicant shall submit a cultivation plan demonstrating the 
proposed size and layout of the cultivation areas at the cultivation facility and 
designating: 
A. The total amount of plant canopy or, in the case of a plant-count-based tier 1 
cultivation facility license, the number of mature marijuana plants proposed under the 
license; 
B. 
The total percentage or square footage of plant canopy designated under 
paragraph A, or, in the case of a plant-count-based tier 1 cultivation facility license, 
the areas within the cultivation facility within which the applicant proposes to 
cultivate mother plants, seedlings and immature marijuana plants. If the applicant 
does not intend to cultivate mother plants, seedlings or immature marijuana plants at 
any time within any portion of the plant canopy designated under paragraph A, the 
applicant shall state that intent on the cultivation plan and shall include in the plan 
information regarding the approximate square footage of the cultivation areas outside 
of the plant canopy but within the proposed licensed premises of the cultivation 
facility in which the applicant intends to cultivate mother plants, seedlings and 
immature marijuana plants; and 
C. 
The total percentage or square footage of plant canopy designated under 
paragraph A, or, in the case of a plant-count-based tier 1 cultivation facility license, 
the areas within the cultivation facility, within which the applicant proposes to 
cultivate mature marijuana plants. An applicant for a nursery cultivation facility 
license shall meet the requirements of this paragraph by designating on the 
cultivation plan the areas within the cultivation facility within which the applicant 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1199, L.D. 1719 
proposes to cultivate mature marijuana plants, demonstrating the physical separation 
of such areas from the areas in which immature marijuana plants and seedlings are to 
be cultivated in accordance with section 501, subsection 3, paragraph B. 
§303. Increase in cultivation tier upon renewal 
A licensee seeking renewal of a cultivation facility license may, if applicable and in 
accordance with this section, apply for a tier of cultivation facility license with a greater 
area of authorized plant canopy than is authorized under the licensee's current cultivation 
facility license. 
1. Approval criteria. The department may issue the applied-for tier of cultivation 
facility license if the licensee otherwise meets all applicable requirements for continued 
licensure under this chapter and the rules adopted pursuant to this chapter and the licensee 
has demonstrated to the department's satisfaction that: 
A. The licensee has over the current period of licensure sold at least 85% of the adult 
use marijuana cultivated by the licensee at its cultivation facility; and 
B. The approval of the applied-for tier of cultivation facility license will not cause 
the licensee to exceed the combined plant canopy limitation in section 205, 
subsection 2, paragraph A. 
2. Consideration of renewal of current license tier if approval criteria not met. 
If the department determines that the licensee has failed to satisfy the requirements of this 
section for the applied-for tier of cultivation facility license, the department shall consider 
renewing the licensee's license at the current tier. 
This section does not apply to a nursery cultivation facility licensee. 
§304. Increase in maximum licensed plant canopy upon renewal of tier 4 license 
In accordance with the requirements of this section, not more than once every 2 
years, a licensee seeking renewal of a tier 4 cultivation facility license may apply to 
increase by 7,000 square feet the maximum area of plant canopy authorized under its 
current tier 4 cultivation facility license. 
1. Approval criteria. The department may approve the requested increase if the 
licensee otherwise meets all applicable requirements for continued licensure under this 
chapter and the rules adopted pursuant to this chapter and the licensee has demonstrated 
to the department's satisfaction that the licensee has over the past 2-year period of 
licensure sold at least 85% of the adult use marijuana cultivated by the licensee at its 
cultivation facility. 
2. 
Consideration of renewal of current licensed amount of plant canopy if 
approval criteria not met. If the department determines that the licensee has failed to 
6 
satisfy the requirements of this section for the requested increase, the department shall 
7 
consider renewing the licensee's license at the current tier and currently authorized 
maximum area of plant canopy. 
SUBCHAPTER 4 
COMMITTEE AMENDMENT 
COMMITTEE AMEND"!vfENT "A "to H.P. 1199, L.D. 1719 
LOCAL REGULATION OF MARIJUANA ESTABLISHMENTS 
§401. Municipal regulation of marijuana establishments generally 
In accordance with the applicable provisions of this subchapter and pursuant to the 
home rule authority granted under the Constitution of Maine, Article VIII, Part Second 
and Title 30-A, section 3001, a municipality may regulate marijuana establishments 
within the municipality, including, but not limited to, adoption of the following types of 
regulations and restrictions. 
1. Land use regulations. A municipality may adopt an ordinance providing land 
use regulations applicable to marijuana establishments within the municipality. 
2. 
General authorization or limitation of marijuana establishments. 
A 
municipality may adopt an ordinance generally authorizing the operation of some or all 
types of marijuana establishments within the municipality. A municipality may adopt an 
ordinance limiting the number of any type of marijuana establishment that may be 
authorized to operate within the municipality. 
3. Municipal licensing requirements. A municipality may adopt an ordinance 
providing licensing requirements applicable to marijuana establishments within the 
municipality, which may include, but are not limited to, provisions establishing a 
municipal licensing fee schedule pursuant to Title 30-A, section 3702. 
Notwithstanding any other provision of law to the contrary, a municipal ordinance 
regulating marijuana establishments within the municipality adopted pursuant to this 
subchapter is not subject to the requirements or limitations of Title 7, chapter 6 or 8-F. 
§402. Local authorization of marijuana establishments within municipalities 
1. 
Request for local authol'ization to operate marijuana establishment in 
municipality prohibited unless authorized by municipal ordinance or warrant 
article. A person seeking to operate a marijuana establishment within a municipality 
may not request local authorization to operate the marijuana establishment pursuant to 
subsection 3 and a municipality may not accept as complete the person's request for local 
authorization unless: 
A. The legislative body of the municipality has voted to adopt a new ordinance, 
amend an existing ordinance or approve a warrant article allowing some or all types 
of marijuana establishments within the municipality, including the type of marijuana 
establishment the person seeks to operate; and 
B. The person has been issued by the department a conditional license to operate the 
marijuana establishment pursuant to section 205, subsection 3. 
2. 
Minimum authorization criteria. 
A municipality may not authorize the 
operation of a marijuana establishment within the municipality if: 
A. The marijuana establishment is proposed to be located within 1,000 feet of the 
property line of a preexisting public or private school, except that, if a municipality 
by ordinance or other regulation prohibits the location of marijuana establishments at 
distances less than 1,000 feet but not less than 500 feet from the property line of a 
preexisting public or private school, that lesser distance applies. For the purposes of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1199, L.D, 1719 
this paragraph, 
11school
includes a public school, as defined in Title 20-A, section 1, 
subsection 24, a private school, as defined in Title 20-A, section 1, subsection 22, a 
public preschool program, as defined in Title 20-A, section 1, subsection 23-A or any 
other educational facility that serves children from prekindergarten to grade 12: or 
B. The person requesting local authorization to operate the marijuana establishment 
fails to demonstrate possession or entitlement to possession of the proposed licensed 
premises of the marijuana establishment pursuant to a lease, rental agreement or other 
arrangement for possession of the premises or by virtue of ownership of the premises. 
3. 
Local authorization required for operation of marijuana establishment 
within municipality. A person may not operate a marijuana establishment within a 
municipality unless: 
A. The legislative body of the municipality has voted to adopt a new ordinance, 
amend an existing ordinance or approve a warrant article allowing some or all types 
of marijuana establishments within the municipality, including that type of marijuana 
establishment: 
B. The person has obtained all applicable municipal approvals, permits or licenses 
that are required by the municipality for the operation of that type of marijuana 
establishment: and 
C. The person has been issued by the department an active license to operate the 
marijuana establishment pursuant to section 205, subsection 4. 
A municipality may certify to the department a person's compliance with the 
requirements of paragraph B on the form prepared and fl.U'nished by the department 
pursuant to section 205, subsection 4, paragraph B. 
4. Municipal failure to act on request for local authorization. If a municipality 
whose legislative body has voted to adopt a new ordinance, amend an existing ordinance 
or approve a warrant article allowing some or all types of marijuana establishments 
within the municipality fails to act on a person's request for local authorization to operate 
a marijuana establishment within the municipality, the municipality's failure to act does 
not satisfy the local authorization requirement of subsection 3, paragraph B. 
5. Appeal of municipal failure to act on request for local authorization. If a 
municipality whose legislative body has voted to adopt a new ordinance, amend an 
existing ordinance or approve a warrant article allowing some or all types of marijuana 
establishments within the municipality fails to act on a person's request for local 
authorization to operate a marijuana establishment within the municipality within 90 days 
after the date the person submitted the request to the municipality, the request is deemed 
denied and the denial constitutes a final government action that may be appealed to the 
Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure, 
8 
except that, if the municipality notifies the person in writing prior to the expiration of the 
90-day period that the request cannot be processed prior to the expiration of the 90-day 
period, the request is deemed denied and the denial constitutes a final government action 
only if the municipality fails to · act on the request within 180 days after the date the 
person submitted the request to the municipality. 
COMMITTEE AMENDMENT 
CQMlvHTTEEAMENDMENT "A" to H.P. 1199, L.D. 1719 
§403. Local authorization of marijuana establishments within towns, plantations 
and townships in the unorganized and deorganized areas 
1. Request for local authorization to operate marijuana establishment in town, 
plantation or township in unorganized and deorganized areas prohibited unless 
generally allowed by town or plantation or by county commissioners on behalf of 
township. 
A person seeking to operate a marijuana establishment within a town, 
plantation or township located within the unorganized and deorganized areas may not 
request local authorization pursuant to subsection 3 to operate the marijuana 
establishment and the town, plantation or, in the case of a township, the county 
commissioners of the county in which the township is located may not accept as complete 
the person's request for local authorization unless: 
A. In the case of a town or plantation, the legislative body of the town or plantation 
has voted to allow some or all types of marijuana establishments within the town or 
plantation, including the type of marijuana establishment the person seeks to operate 
and the person has been issued by the depa1iment a conditional license to operate the 
marijuana establishment pursuant to section 205, subsection 3; or 
B. In the case of a township, the county commissioners of the county in which the 
township is located have voted to allow some or all types of marijuana establishments 
within the township, including the type of marijuana establishment the person seeks 
to operate and the person has been issued by the depa1iment a conditional license to 
operate the marijuana establishment pursuant to section 205, subsection 3. 
2. Minimum authorization criteria. The Maine Land Use Pla1U1ing Commission 
may not certify to the department local authorization of a marijuana establishment within 
a town, plantation or township located within the unorganized and deorganized areas 
pursuant to subsection 3 if: 
A. The marijuana establishment is proposed to be located within 1,000 feet of the 
property line of a preexisting public or private school, except that, if the Maine Land 
Use Planning Commission prohibits the location of marijuana establishments within a 
town, plantation or township at distances less than 1,000 feet but not less than 500 
feet from the property line of a preexisting public or private school, that lesser 
distance applies. For the purposes of this paragraph, "school" has the same meaning 
as in section 402, subsection 2, paragraph A; or 
B. The person requesting local authorization to operate the marijuana establishment 
fails to demonstrate possession or entitlement to possession of the proposed licensed 
premises of the marijuana establishment pursuant to a lease, rental agreement or other 
arrangement for possession of the premises or by virtue of ownership of the premises. 
3. Local authorization required for operation of marijuana establishment in 
town, plantation or township in unorganized and deorganized areas. A person may 
not operate a marijuana establishment within a town, plantation or township located 
within the unorganized and deorganized areas unless: 
A. The legislative body of the town or plantation has voted to allow some or all types 
of marijuana establishments within the town or plantation, including that type of 
marijuana establishment, or, in the case of a township, the county commissioners of 
the county in which the township is located have voted to allow some or all types of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1199, L.D. 1719 
marijuana establishments within the township, including that type of marijuana 
establishment; 
B. The person has obtained all applicable local approvals, permits or licenses not 
relating to land use planning and development that are required for the operation of 
the marijuana establishment by the town, plantation or, in the case of a township, the 
county commissioners of the county in which the township is located; 
C. The person has obtained all applicable approvals, permits or licenses relating to 
land use planning and development that are required by the Maine Land Use Planning 
Commission for the development and operation of the marijuana establishment; and 
D. The person has been issued by the department an active license to operate the 
marijuana establishment pursuant to section 205, subsection 4. 
The town, plantation or, in the case of a township, the county commissioners of the 
county in which the township is located, shall certify to the Maine Land Use Planning 
Commission that the person has obtained all applicable local approvals, permits or 
licenses not relating to land use planning and development as required under paragraph B. 
The Maine Land Use Planning Commission may certify to the department a person's 
compliance with the requirements of paragraphs B and C on the form prepared and 
furnished by the department pursuant to section 205, subsection 4, paragraph B. 
4. Failure to act on request for local authorization. This subsection governs a 
failure to act on a request for local authorization by a town or a plantation or, in the case 
of a township, by the county commissioners of the county in which the township is 
located, or by the Maine Land Use Planning Commission. 
A. If a town or plantation whose legislative body has voted to allow some or all 
types of marijuana establishments within the town or plantation fails to act on a 
person's request for local authorization under subsection 3, paragraph B, the town or 
plantation's failure to act does not satisfy the local authorization requirement of 
subsection 3, paragraph B. 
B. If the county commissioners of the county in which a township is located, who 
have voted to allow some or all types of marijuana establishments within the 
township, fail to act on a person's request for local authorization under subsection 3, 
paragraph B, the county commissioners' failure to act does not satisfy the local 
authorization requirement of subsection 3, paragraph B. 
C. If the Maine Land Use Planning Commission fails to act on a person's request for 
local authorization under subsection 3, paragraph C, the commission's failure to act 
5 
does not satisfy the local authorization requirement of subsection 3, paragraph C. 
5. Appeal of failure to act on request for local authorization. This subsection 
governs the appeal of a failure to act on a request for local authorization by a town or a 
plantation or, in the case of a township, by the county commissioners of the county in 
which the township is located, or by the Maine Land Use Planning Commission. 
A. If a town or plantation whose legislative body has voted to allow some or all 
types of marijuana establishments within the town or plantation fails to act on a 
person's request for local authorization under subsection 3, paragraph B within 90 
days after the date the person submitted the request to the town or plantation, the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 1199, L.D. 1719 
request is deemed denied and the denial constitutes a final government action that 
may be appealed to the Superior Court in accordance with Rule SOB of the Maine 
Rules of Civil Procedure, except that, if the town or plantation notifies the person in 
writing prior to the expiration of the 90-day period that the request cannot be 
processed prior to the expiration of the 90-day period, the request is deemed denied 
and the denial constitutes a final government action only if the town or plantation 
fails to act on the request within 180 days after the date the person submitted the 
request to the town or plantation. 
B. If the county commissioners of the county in which a township is located, who 
have voted to allow some or all types of marijuana establishments within the 
township, fail to act on a person's request for local authorization under subsection 3, 
paragraph B within 90 days after the date the person submitted the request to the 
county commissioners, the request is deemed denied and the denial constitutes a final 
government action that may be appealed to the Superior Court in accordance with 
Rule SOB of the Maine Rules of Civil Procedure, except that, if the county 
commissioners notify the person in writing prior to the expiration of the 90-day 
period that the request cannot be processed prior to the expiration of the 90-day 
period, the request is deemed denied and the denial constitutes a final government 
action only if the county commissioners fail to act on the request within 180 days 
after the date the person submitted the request to the county commissioners. 
C. If the Maine Land Use Planning Commission fails to act on a person's request for 
local authorization under subsection 3, paragraph C within 90 days after the date the 
person submitted the request to the commission, the request is deemed denied and the 
denial constitutes a final agency action that may be appealed to the Superior Court in 
accordance with Rule SOC of the Maine Rules of Civil Procedure, except that, if the 
commission notifies the person in writing prior to the expiration of the 90-day period 
that the request cannot be processed prior to the expiration of the 90-day period, the 
request is deemed denied and the denial constitutes a final agency action only if the 
commission fails to act on the request within 180 days after the date the person 
submitted the request to the commission. 
§404. Authority of Maine Land Use Planning Commission 
This chapter or rules adopted pursuant to this chapter may not be construed to limit 
the authority of the Maine Land Use Planning Commission to regulate land use planning 
and development activities within the unorganized and deorganized areas of the State 
pursuant to Title 12, chapter 206-A. 
§405. Information requests 
A municipality may request that the department provide any information obtained by 
8 
the department pursuant to the provisions of subchapter 2 or 3 that the municipality 
determines necessaiy for the administration of its local authorization process for 
marijuana establishments under this subchapter. Unless the information is confidential 
pursuant to law or rule, the department, in a timely manner, shall provide the information 
requested pursuant to this section. For the purposes of this section, "municipality" has the 
same meaning as in section 212. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1199, L.D. 1719 
§406. Notification to department 
A municipality shall notify the department within 14 days of the date the municipality 
authorizes the operation of a marijuana establishment within the municipality; issues or 
renews a license for the operation of a marijuana establishment within the municipality; 
withdraws authorization or suspends or revokes a license for the operation of a marijuana 
establishment within the municipality; approves relocation of the licensed premises of a 
marijuana establishment to the municipality; or approves a transfer of ownership interests 
in a license the licensed premises of which are located within the municipality. For the 
purposes of this section, 
11municipality
has the same meaning as in section 212. 
The department shall provide the Bureau of Revenue Services with any information 
received pursuant to this section within 14 days of the date the department receives that 
information. 
SUBCHAPTERS 
OPERATING REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS 
§501. Operation of cultivation facilities 
A cultivation facility must be operated in accordance with the provisions of this 
section and the rules adopted pursuant to this chapter. 
1. Cultivation of adult use marijuana only for sale and distribution to other 
licensees. 
Except as . otherwise provided in this section. a cultivation facility may 
cultivate adult ~se marijuana only for sale and distribution to products manufacturing 
facilities, marijuana stores or other cultivation facilities. 
2. Retail sale of adult use marijuana without separate marijuana store license 
prohibited. Except as provided in subsection 3, a cultivation facility may not sell or 
offer to sell adult use marijuana, immature marijuana plants or seedlings to consumers 
unless the cultivation facility licensee .. obtains from the department a separate license to 
operate a marijuana store and otherwise complies with all applicable requirements under 
this chapter and the rules adopted pursuant to this chapter concerning the operation of 
marijuana stores. A cultivation facility may not give away adult use marijuana, adult use 
marijuana products or marijuana plants to a consumer. 
3. Operation of nursery cultivation facilities. A nursery cultivation facility as 
described in section 301. subsection 5 must be operated in accordance with the provisions 
of this subsection and must comply with all other applicable requirements of this chapter 
and the rules adopted pursuant to this chapter. 
A. A nursery cultivation facility may cultivate immature marijuana plants, seedlings 
and marijuana seeds only for sale and distribution to marijuana stores and to other 
cultivation facilities pursuant to paragraph C and to consumers pursuant to paragraph 
D. 
B. A nursery cultivation facility may cultivate mature marijuana plants only for the 
propagation of those mature marijuana plants or for the production of marijuana 
seeds by those mature marijuana plants. but the area within a nursery cultivation 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toH.P.1199,L.D.1719 
facility in which mature marijuana plants are cultivated must be physically separated 
from the area within the facility in which immature marijuana plants and seedlings 
are cultivated. A nursery cultivation facility may not sell, distribute or otherwise 
transfer to any person mature marijuana plants, marijuana flower or marijuana trim. 
C. A nurse1y cultivation facility may sell and distribute to marijuana stores and other 
cultivation facilities only immature marijuana plants, seedlings and marijuana seeds. 
Adult use marijuana sold by a nursery cultivation facility to marijuana stores and 
other cultivation facilities is subject to the excise tax imposed pursuant to subchapter 
10, which must be paid to the department as required by subsection 9. 
D. A nursery cultivation facility may sell to consumers only immature marijuana 
plants, seedlings, marijuana seeds and agricultural or gardening supplies relating to 
the cultivation of marijuana. Sales to consumers by a nursery cultivation facility: 
(1) Must be conducted within a portion of the licensed premises of the nursery 
cultivation facility that is dedicated to consumer sales of immature marijuana 
plants, seedlings, marijuana seeds and agricultural or gardening supplies relating 
to the cultivation of marijuana. 
A nursery cultivation facility licensee shall 
ensure that the portion of the licensed premises of the nursery cultivation facility 
that is dedicated to consumer sales complies with all applicable requirements of 
this chapter and the rules adopted pursuant to this chapter concerning the 
operation of marijuana stores; and 
(2) Are subject to the sales tax imposed pursuant to Title 36, section 1811 and 
must be collected and remitted as required by subsection 9. 
E. The depatiment shall adopt rules regulating the operation of nursery cultivation 
facilities. 
4. 
Marijuana extraction without separate products manufacturing facility 
license prohibited. 
A cultivation facility may not engage in the manufacture of 
marijuana concentrate by marijuana extraction unless the cultivation facility licensee has 
obtained from the depaiiment a separate license to operate a products manufacturing 
facility and otherwise meets the requirements under this chapter and the rules adopted 
pursuant to this chapter concerning the operation of a products manufacturing facility and 
concerning marijuana extraction. 
5. Use of shared facility for cultivation of adult use marijuana and marijuana 
for medical use. Subject to the requirements of this subsection and the rules adopted 
pursuant to this subsection, a cultivation facility licensee that is also a registered primaty 
caregiver or a registered dispensaiy may cultivate adult use marijuana pursuant to this 
chapter within the same facility in which the licensee also cultivates marijuana for 
medical use pursuant to the Maine Medical Use of Marijuana Act. 
A. A cultivation facility licensee that cultivates marijuana under this subsection must 
comply with all applicable requirements of this chapter and the rules adopted 
pursuant to this chapter concerning the operation of cultivation facilities. 
B. Except as provided in paragraph C, the areas of the shared facility in which adult 
use marijuana is cultivated must be separated from the areas of the shared facility in 
which marijuana for medical use is cultivated :in a manner that provides for a visually 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT ·A "to H.P. 1199, L.D. 1719 
conspicuous delineation of the physical space between the cultivation area for adult 
use marijuana and the cultivation area for marijuana for medical use. 
C. The following items or areas within the shared facility may be shared for both the 
cultivation of adult use marijuana and the cultivation of marijuana for medical use: 
(1) 
Cultivation-related and noncultivation-related equipment, except that 
cultivation-related equipment may not be simultaneously used for the cultivation 
of adult use marijuana and the cultivation of marijuana for medical use; 
(2) 
Cultivation~related and noncultivation-related supplies or products not 
containing marijuana or marijuana products and the storage areas for those 
supplies or products; and 
(3) General office space, bathrooms, ent1yways and walkways. 
D. Each marijuana plant within the shared facility must be tagged or otherwise 
identified as an adult use marijuana plant or a marijuana plant for medical use. 
E. 
The department shall adopt rules governing the use of a shared facility by a 
cultivation facility licensee that is also a registered primary caregiver or a registered 
dispensary, which must include, but are not limited to, requirements for the 
maintenance of a log or other record relating to the use of the shared facility space, 
shared equipment and shared supplies or products to ensure compliance with the 
requirements of this chapter and the rules adopted pursuant to this chapter and the 
requirements of the Maine Medical Use of Marijuana Act. 
6. Limited authorization for sale of marijuana plants and marijuana seeds by 
registered primary caregiver or registered dispensary to cultivation facility licensee. 
Notwithstanding any other provision of law to the contrary and subject to the 
requirements and restrictions of this section, for a period starting on the date that the 
department issues the first active cultivation facility license under section 205, subsection 
and ending 2 years after that date, a registered prima1y caregiver or a registered 
dispensmy may sell marijuana plants and marijuana seeds to a cultivation facility licensee 
that is also a registered primary caregiver or a registered dispensmy and a cultivation 
facility licensee that is also a registered primmy caregiver or a registered dispensary may 
purchase marijuana plants and marijuana seeds from a registered primmy caregiver or a 
registered dispensaty. 
The department shall post on its publicly accessible website 
information regarding the date on which the department issues the first active cultivation 
facility license and the date that is 2 years after the date the first active cultivation facility 
license is issued. 
5 
A. 
Beginning on the date that the department issues the first active cultivation 
6 
facility license and ending 2 years after that date, in an active cultivation facility 
license issued to any licensee that has demonstrated to the department's satisfaction 
8 
that the licensee is also a registered primmy caregiver or a registered dispensary, the 
department shall include language authorizing the licensee, at any time within the 
licensee's first year of licensure, to purchase an unlimited number of marijuana plants 
and marijuana seeds from registered primmy caregivers and registered dispensaries. 
This authorization may not be included in any license issued upon renewal under 
section 209. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT'A "to H.P. 1199,L.D. 1719 
B. A cultivation facility licensee authorized pursuant to paragraph A to purchase 
marijuana plants and marijuana seeds from registered prima1y caregivers and 
registered dispensaries that transacts such a purchase shall pay to the department the 
excise taxes that would have been imposed under subchapter 10 on the sale of the 
marijuana plants and marijuana seeds if the marijuana plants and marijuana seeds had 
been sold by a cultivation facility licensee to another licensee. In addition to payment 
of the required excise taxes under this paragraph, the cultivation facility licensee shall 
provide the department with an accounting of the transaction, which must include 
information on the registered primmy caregiver or registered dispensary from which 
l O 
the licensee purchased the marijuana plants and marijuana seeds, the number of 
mature marijuana plants, immature marijuana plants, seedlings and marijuana seeds 
purchased in the transaction and any other information required by the department by 
rule. 
C. A cultivation facility licensee authorized pursuant to paragraph A to purchase 
marijuana plants and marijuana seeds from registered primary caregivers and 
registered dispensaries may purchase marijuana plants and marijuana seeds from 
more than one registered primary caregiver or registered dispensmy and may transact 
more than one purchase of marijuana plants and marijuana seeds from a registered 
primmy caregiver or registered dispensary. 
A registered primmy caregiver or 
registered dispensa1y may not sell marijuana plants and marijuana seeds to more than 
one cultivation facility licensee authorized pursuant to paragraph A to purchase 
marijuana plants and marijuana seeds from registered primary caregivers and 
registered dispensaries and may not transact more than one sale of marijuana plants 
and marijuana seeds to a cultivation facility licensee authorized to make such 
purchases pursuant to paragraph A. 
D. A cultivation facility licensee that violates this subsection or the rules adopted 
pursuant to this subsection is subject to the imposition by the department ofmonetmy 
penalties, a license revocation or suspension and an order directing the destruction of 
unauthorized marijuana plants and marijuana seeds pursuant to subchapter 8 in 
addition to any criminal or civil penalties that may be imposed pursuant to other 
applicable laws or rules. A registered primary caregiver or registered dispensary that 
violates paragraph C is subject to the revocation of its registration or other applicable 
penalty under the Maine Medical Use of Marijuana Act in addition to any criminal or 
civil penalties that may be imposed pursuant to other applicable laws or rules. 
The department shall adopt rules to implement this subsection. 
7. 
Requirements for outdoor cultivation. 
This subsection governs outdoor 
cultivation operations by a cultivation facility licensee. 
A. An outdoor cultivation area within the licensed premises of a cultivation facility 
may not share a common wall or fence with an outdoor cultivation area within the 
licensed premises of a different cultivation facility. 
B. The outer boundmy of an outdoor cultivation area within the licensed premises of 
a cultivation facility must be separated by at least 20 feet from the outer boundmy of 
an outdoor cultivation area within the licensed premises of a different cultivation 
facility. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199,L.D. 1719 
C. The department shall adopt rules regarding the outdoor cultivation of adult use 
marijuana by a cultivation facility licensee, including. but not limited to, security 
requirements specific to outdoor cultivation operations and requirements for shielding 
outdoor cultivation operations from public view. 
8. Sampling by other licensees. A cultivation facility licensee may provide samples 
of adult use marijuana cultivated at the licensed premises to a products manufacturing 
facility licensee or a marijuana store licensee for business or marketing purposes only. 
Samples provided by a cultivation facility licensee to another licensee under this 
subsection may not be consumed within the licensed premises of the cultivation facility. 
This subsection does not apply to a nursery cultivation facility licensee. 
9. Excise tax; sales tax. A cultivation facility licensee shall ensure that the tax 
imposed on the sale of adult use marijuana by a cultivation facility to other licensees 
pursuant to subchapter 10 is paid to the department. 
A nursery cultivation facility 
licensee shall ensure that the tax imposed on the sale of adult use marijuana and adult use 
marijuana products under Title 36, section 1811 is collected and remitted in accordance 
with the requirements of Title 36, Part 3 and the rules adopted pursuant to Title 36, Part 3. 
10. Tracking. In accordance with the requirements of section 105, a cultivation 
facility licensee shall track the adult use marijuana it cultivates from immature marijuana 
plant to the point at which the marijuana plant or the marijuana produced by the 
marijuana plant is delivered or transferred to a products manufacturing facility. a testing 
facility, a marijuana store or another cultivation facility or is disposed of or destroyed. 
§502. Operation of products manufacturing facilities 
A products manufacturing facility must be operated in accordance with the provisions 
of this section and the rules adopted pursuant to this chapter. 
1. 
Manufacture only for sale or distribution to other licensees. Except as 
otherwise provided in this section, a products manufacturing facility may manufacture 
adult use marijuana and adult use marijuana products only for sale or distribution to 
marijuana stores or other products manufacturing facilities. 
2. Retail sale of adult use marijuana or adult use marijuana products without 
separate marijuana store license prohibited. A products manufacturing facility may 
not sell or offer to sell adult use marijuana or adult use marijuana products to consumers 
unless the products manufacturing facility licensee obtains from the department a 
separate license to operate a marijuana store and otherwise complies with all applicable 
requirements under this chapter and the rules adopted pursuant to this chapter concerning 
the operation of marijuana stores. A products manufacturing facility may not give away 
adult use marijuana, adult use marijuana products or marijuana plants to a consumer. 
3. 
Cultivation of marijuana without separate cultivation facility license 
8 
prohibited. A products manufacturing facility shall purchase all marijuana necessary for 
its manufacturing processes from a cultivation facility and may not engage in the 
cultivation of marijuana unless the products manufacturing facility licensee obtains from 
the department a separate license to operate a cultivation facility and otherwise meets all 
applicable requirements under this chapter and under the rules adopted pursuant to this 
chapter concerning the operation of cultivation facilities. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1199, L.D. 1719 
4. Use of shared facility for manufacture of adult use marijuana products and 
marijuana products for medical use. Subject to the requirements of this subsection and 
the rules adopted pursuant to this subsection, a products manufacturing facility licensee 
that is also a registered primary caregiver or a registered dispensary may manufacture 
adult use marijuana and adult use marijuana products pursuant to this chapter within the 
same facility in which the licensee also manufactures marijuana concentrate and 
marijuana products for medical use pursuant to the Maine Medical Use of Marijuana Act. 
A. A products manufacturing facility licensee that manufactures adult use marijuana 
and adult use marijuana products within the same facility in which the licensee also 
manufactures marijuana concentrate and marijuana products for medical use must 
comply with all applicable requirements of this chapter and the rules adopted 
pursuant to this chapter concerning the operation of products manufacturing facilities. 
B. The following items or areas within the shared facility may be shared for both the 
manufacturing of adult use marijuana and adult use marijuana products and the 
manufacturing of marijuana concentrate and marijuana products for medical use: 
(1) Manufacturing-related and nonmanufacturing-related equipment, except that 
manufacturing-related equipment may not be simultaneously used for the 
manufacturing of adult use marijuana and adult use marijuana products and the 
manufacturing of marijuana concentrate and marijuana products for medical use: 
(2) Manufacturing-related and nonmanufacturing-related supplies or products 
not containing marijuana or marijuana products and the storage areas for those 
supplies or products; and 
(3) General office space, bathrooms, entryways and walkways. 
C. 
The department shall adopt rules governing the use of a shared facility by a 
products manufacturing facility licensee that is also a registered primaty caregiver or 
a registered dispensa1y, including, but not limited to, requirements for the 
maintenance of a log or other record relating to the use of the shared facility space, 
shared equipment and shared supplies or products to ensure compliance with the 
requirements of this chapter and the rules adopted pursuant to this chapter and the 
requirements of the Maine Medical Use of Marijuana Act. 
5. Sampling by employees. A products manufacturing facility licensee and its 
employees may sample adult use marijuana and adult use marijuana products 
manufactured at the licensed premises of the products manufacturing facility for the 
purposes of product quality control and product research and development only. The 
licensee may not otherwise allow the consumption of adult use marijuana or adult use 
marijuana products within the licensed premises. The sampling of adult use marijuana 
and adult use marijuana products authorized under this subsection may not involve the 
consumption of marijuana or marijuana products by means of smoking the marijuana or 
marijuana products. 
For the purposes of this subsection, "smoking
has the same 
meaning as in Title 22, section 1541, subsection 6. 
6. Sampling by other licensees. A products manufacturing facility licensee may 
provide samples of adult use marijuana and adult use marijuana products manufactured at 
the licensed premises to another products manufacturing facility licensee or to a 
COMMITTEE AMENDMENT 
.. /;/ 
0·1 
COMMITTEE AMENDMENT ·A "to H.P. 1199, L.D. 1719 
marijuana store licensee for business or marketing purposes only. Samples provided by a 
products manufacturing facility to other licensees under this subsection may not be 
consumed within the licensed premises of the products manufacturing facility. 
7. 
Marijuana extraction. 
Subject to the requirements and restrictions of this 
subsection, a products manufacturing facility licensee may manufacture marijuana 
concentrate by marijuana extraction using water, lipids, gases, solvents or other chemicals 
or chemical processes. 
A. A products manufacturing facility licensee may engage in marijuana extraction 
using a solvent or other chemical or chemical process that is not and does not involve 
an inherently hazardous substance if: 
(1) The solvent or other chemical or chemical process is listed by the department 
by rule as approved for use in marijuana extraction; or 
(2) The products manufacturing facility licensee requests and obtains from the 
department written approval to engage in marijuana extraction using a solvent or 
other chemical or chemical process that is not and does not involve an inherently 
hazardous substance and that is not listed by the department by rule as approved 
for use in marijuana extraction. 
The department shall adopt by rule a list of those solvents or other chemicals or 
chemical processes that are not and do not contain an inherently hazardous substance 
that the department approves for use in marijuana extraction by products 
manufacturing facilities. 
B. 
A products manufacturing facility licensee may not engage in marijuana 
extraction involving the use of any inherently hazardous substance unless: 
(1) 
The licensee submits to the department a request for approval of the 
marijuana extraction method the facility plans to engage in that includes a 
description of the proposed marijuana extraction method and a certification from 
an industrial hygienist or professional engineer following a review of the 
facility's storage, preparation, electrical, gas monitoring, fire suppression and 
exhaust systems: and 
(2) 
The department approves in writing the proposed marijuana 'extraction 
method. 
The department, within 14 days of receipt of a request for approval under this 
paragraph, shall notify the products manufacturing facility licensee in writing 
whether the request is approved or denied. 
8. Compliance with packaging, labeling and health and safety requirements. All 
adult use marijuana and adult use marijuana products sold or distributed by a products 
manufacturing facility must meet all applicable packaging. labeling and health and safety 
requirements of subchapter 7 and the rules adopted pursuant to subchapter 7. 
9. Compliance with sanitary standards. All areas within the licensed premises of 
a products manufacturing facility in which adult use marijuana and adult use marijuana 
products are manufactured must meet all sanitary standards specified in rules adopted by 
the department. 
COMMITTEE AMENDMENT 
:1 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
10. Commercial kitchen license. A products manufacturing facility licensee must 
obtain a commercial kitchen license for any area within the licensed premises of the 
products manufacturing facility in which adult use marijuana and adult use marijuana 
products are manufactured and for which the department requires a products 
manufacturing facility licensee to obtain a commercial kitchen license. The department 
shall adopt rules requiring certain areas within the licensed premises of a products 
manufacturing facility to be Hcensed as commercial kitchens based upon the types of 
manufacturing processes conducted within those areas. 
11. 
Refrigeration. 
A products manufacturing facility licensee shall store and 
transport in a refrigerated environment all adult use marijuana and adult use marijuana 
products that require refrigeration to prevent spoilage. The department shall adopt rules 
regarding the storage and transportation of adult use marijuana and adult use marijuana 
products that require refrigeration to prevent spoilage. 
12. Testing. A products manufacturing facility licensee may test marijuana and 
marijuana products within its licensed premises for research and development purposes, 
quality control purposes and health and safety purposes. Testing performed by a products 
manufacturing facility licensee within its licensed premises is not subject to the 
requirements for testing facilities under section 503 but does not satisfy the mandatory 
testing requirements of subchapter 6. 
13. Tracking. In accordance with the requirements of section 105, a products 
manufacturing facility licensee shall track the adult use marijuana it uses in its 
manufacturing processes from the point the marijuana is delivered or transfeTI'ed to the 
products manufacturing facility by a cultivation facility to the point the marijuana or 
marijuana concentrate or an adult use marijuana product produced using the marijuana or 
marijuana concentrate is delivered or transferred to another products manufacturing 
facility, a testing facility or a marijuana store or is disposed of or destroyed. 
§503. Operation of testing facilities 
A testing facility must be operated in accordance with the provisions of this section 
and the rules adopted pursuant to this chapter. 
1. Development, research and testing of marijuana, marijuana products and 
other substances. A testing facility may develop, research and test marijuana and 
marijuana products for: 
A. That facility; 
B. Another licensee; 
C. A person who intends to use the marijuana or marijuana product for personal use 
as authorized under chapter 3: or 
D. A qualifying patient, a primary caregiver, a registered primary caregiver or a 
registered dispensaty. 
Neither this chapter nor the rules adopted pursuant to this chapter prevent a testing 
facility from developing, researching or testing substances that are not marijuana or 
marijuana products for that facility or for another person. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT «A "to H.P. 1199, L.D. 1719 
2. 
Certification; accreditation and provisional licensure; compliance with 
operational and technical requirements. A testing facility may not commence or 
continue operation unless the testing facility: 
A. 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 department after consultation with the Department of Health and Human 
Services. Maine Center for Disease Control and Prevention, which must allow for 
inspection of the proposed or operational testing facility by the department and the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention; 
B. Except as otherwise provided in this paragraph, 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 department. The department shall adopt rules regarding the scope of 
certification, registration or accreditation required for licensure of a testing facility. 
(1) The department may issue a full testing facility license to an applicant that 
meets all applicable requirements of this chapter and rules adopted pursuant to 
this chapter and that has obtained accreditation pursuant to standard ISO/IEC 
17025 of the International Organization for Standardization from a 3rd-party 
accrediting body or that is certified, registered or accredited by an approved 
organization. 
(2) 
The department may issue a provisional testing facility license to an 
applicant that otherwise meets all applicable requirements of this chapter and 
rules adopted pursuant to this chapter and that has applied for but not yet 
obtained accreditation from a 3rd-pai;ty accrediting body or that has applied for 
but not yet obtained certification, registration or accreditation from an approved 
organization. The department may not renew a provisional testing facility license 
more than once. 
An active full or provisional testing facility license may not be issued by the 
department to an applicant until the applicant satisfies all applicable requirements of 
section 205, subsection 4; and 
C. 
Is determined by the department to meet all operational and technical 
requirements for testing facilities under this chapter and the rules adopted under this 
chapter. 
3. Compliance with testing protocols, standards and criteria. A testing facility 
shall follow all testing protocols, standards and criteria adopted by rule by the department 
7 
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. 
4. Remediation and retesting. If a testing facility determines that a sample of adult 
use marijuana or an adult use marijuana product has failed a mandatory test required 
under section 602, the testing facility shall offer to the owner of that sample an 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
omiortunity for remediation and retesting in accordance with rules adopted by the 
department. 
5. 
Reco1·d keeoin2. 
A testing facility shall maintain records of all business 
transactions and testing results in accordance with the record-keeping requirements of 
section 511 and section 602, subsection 2 and in accordance with applicable standards for 
licensing and accreditation under subsection 2 and testing protocols, standards and 
criteria adopted by the department under subsection 3. 
6. Disposal of marijuana and marijuana products. A testing facility shall dispose 
of or destroy used, unused and waste marijuana and marijuana products in accordance 
with rules adopted by the department. 
7. Notification of test results. A testing facility shall notify the department of test 
results in accordance with section 603. 
8. Independence of testing facility interest. A person with an interest in a testing 
facility may not be a primary caregiver or a registered primary caregiver or have an 
interest in a registered dispensary, a marijuana store license, a cultivation facility license 
or a products manufacturing facility license, but may hold or have an interest in multiple 
testing facility licenses. A person who is a primary caregiver or a registered primary 
caregiver or who has an interest in a registered dispensary, a marijuana store license, a 
cultivation facility license or a products manufacturing facility license may not have an 
interest in a testing facility license. As used in this subsection, "interest" has the same 
meaning as in section 205, subsection 2, paragraph B. 
9. Tracldng. In accordance with the requirements of section 105, a testing facility 
licensee shall track all adult use marijuana and adult use marijuana products it receives 
from a licensee for testing purposes from the point at which the marijuana or marijuana 
products are delivered or transferred to the testing facility to the point at which the 
marijuana or marijuana products are disposed of or destroyed. 
10. Rules. The depaitment shall adopt rules regarding the testing of marijuana and 
marijuana products by testing facilities pursuant to this chapter, including, but not limited 
to, rules establishing acceptable testing and research practices for 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 repo1ting of test results. Rules adopted pursuant to this section 
arc routine technical rules as defined in Title 5, chapter 375, subc}:iapter 2-A. 
§504. Operation of marijuana stores 
A marijuana store must be operated in accordance with the provisions of this section 
and the rules adopted pursuant to this chapter. 
1. Products authorized for sale. Except as provided in subsection 2, a marijuana 
store may sell: 
A. Adult use marijuana, adult use marijuana products and marijuana paraphernalia; 
B. Immature marijuana plants and seedlings; 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toH.P.1199,L.D.1719 
C. Consumable products not containing marijuana, including, but not limited to, 
sodas, candies and baked goods: and 
D. Any other nonconsumable products, including, but not limited to, apparel and 
marijuana-related products. 
2. Prohibitions. A marijuana store may not: 
A. Give away adult use marijuana, adult use marijuana products or marijuana plants 
or sell or give away mature marijuana plants or consumable products containing 
tobacco or alcohol that do not contain marijuana; 
B. Except for nonedible adult use marijuana products that do not contain THC, sell 
to any person in any individual sales transaction an amount of adult use marijuana, 
adult use marijuana products or immature marijuana plants or seedlings that exceeds 
the personal adult use limitations of section 1501, subsection 1; 
C. Sell adult use marijuana, adult use marijuana products or marijuana plants using: 
(1) An automated dispensing or vending machine; 
(2) A drive-through sales window: 
(3) An Internet-based sales platform: or 
(4) A delivery service: or 
D. Sell adult use marijuana or adult use marijuana products to a person who is 
visibly intoxicated. 
3. Compliance with packaging, labeling and health and safety requirements. All 
adult use marijuana and adult use marijuana products sold or offered for sale at a 
marijuana store must meet all applicable packaging, labeling and health and safety 
requirements of subchapter 7 and the rules adopted under subchapter 7. 
4. Verification of purchaser's age. A person must be 21 years of age or older to 
make a purchase in a marijuana store. A marijuana store may not sell any item to a 
person under 21 years of age. 
A. Prior to initiating a sale, an employee of the marijuana store licensee shall verify 
that the purchaser has a valid government-issued photographic identification card, or 
other acceptable photographic identification, demonstrating that the purchaser is 21 
years of age or older. 
B. The department shall by rule determine the forms of photographic identification 
that a marijuana store licensee may accept when verifying a purchaser's age. 
5. Prohibition on use of shared facility for retail sale of adult use marijuana and 
adult use marijuana products and marijuana and marijuana products for medical 
use. A marijuana store licensee that is also a registered primary caregiver or a registered 
dispensary may not sell or offer for sale to consumers adult use marijuana and adult use 
7 
marijuana products pursuant to this chapter within the same facility or building in which 
the licensee also sells or offers for sale to qualifying patients marijuana and marijuana 
products for medical use pursuant to the Maine Medical Use of Marijuana Act. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toH.P.1199,L.D.1719 
6. Signs, marketing and advertising. All signs used by and all marketing and 
advertising conducted by or on behalf of a marijuana store must comply with the 
requirements of section 702 and the rules adopted pursuant to section 702. 
7. Sales tax. A marijuana store licensee shall ensure that the tax imposed on the sale 
of adult use marijuana and adult use ma1ijuana products to a consumer pursuant to Title 
36, section 1811 is collected and remitted in accordance with the requirements of Title 
36, Part 3 and the rules adopted pursuant to Title 36, Part 3. 
8. Tracking. In accordance with the requirements of section 105, a marijuana store 
licensee shall track all adult use marijuana and adult use marijuana products from the 
point at which the marijuana or marijuana products are delivered or transferred to the 
marijuana store by a cultivation facility or a products manufacturing facility to the point 
at which the marijuana or marijuana products are sold to a consumer, delivered or 
transferred to a testing facility or disposed of or destroyed. 
§505. Transportation of adult use marijuana and adult use marijuana products 
A licensee and its employees may transport adult use marijuana and adult use 
marijuana products between the licensed premises of the licensee and the licensed 
premises of any other marijuana establishment. All transportation of adult use marijuana 
and adult use marijuana products must be documented by the licensee or an employee of 
the licensee in accordance with rules adopted by the department. The department shall 
adopt rules regarding the transportation of adult use marijuana and adult use marijuana 
products by licensees under this chapter. 
§506. Employment of persons under 21 years of age prohibited 
A licensee may not employ any person under 21 years of age. 
§507. 
Entry into marijuana establishment by persons under 21 years of age 
prohibited 
A person under 21 years of age may not enter the licensed premises of a marijuana 
establishment. A licensee shall ensure that persons under 21 years of age do not enter its 
licensed premises. 
§508. Use of adult use marijuana and adult use marijuana products witllin licensed 
premises 
1. 
Employee use of marijuana or marijuana products for medical use. 
A 
licensee may allow an employee who is a qualifying patient to privately consume 
marijuana and marijuana products for medical use within its licensed premises. 
2. 
Employee use of adult use marijuana or adult use marijuana products. 
Except as otherwise provided in this chapter, a licensee may not allow an employee to 
consume adult use marijuana or adult use marijuana products within its licensed premises 
or while the employee is otherwise engaged in activities within the course and scope of 
8 
employment. 
3. Other use of adult use marijuana or adult use marijuana products. Except as 
otherwise provided in this chapter: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
A A person may not consume adult use marijuana or adult use marijuana products 
within the licensed premises of a marijuana establishment; and 
B. A licensee may not allow any person to consume adult use marijuana or adult use 
marijuana products within its licensed premises. 
§509. License to be conspicuously displayed 
A licensee shall ensure that the licensee's license, or a copy of that license, is at all 
times conspicuously displayed within its licensed premises. 
§510. Limited access areas 
A person may not enter or remain in any limited access area unless the person 
displays an individual identification card issued by the department pursuant to section 
106. A licensee shall ensure that all areas of ingress and egress to limited access areas 
within its licensed premises are conspicuously marked and that a person is not allowed to 
enter or remain in any limited access area without displaying the person's individual 
identification card issued by the department pursuant to section 106. 
§511. Rec01·d keeping and inspection of records; audits 
1. Record keeping; inspection of records. 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 department upon demand and without notice during all business 
hours. Records must be maintained by a licensee at a minimum for a period comprising 
the current tax year and the 2 immediately preceding tax years. 
2. Additional information may be required. 
The department may require a 
licensee to furnish any additional information necessary for the proper administration of 
this chapter. 
3. Audit. The department may require a licensee to submit to an audit of the 
licensee's business records. If the department requires a licensee to submit to an audit, 
the licensee shall provide the auditor selected by the department with access to all 
business records of the licensee and the cost of the audit must be paid by the licensee. 
4. Confidentiality. This subsection governs the confidentiality of records under this 
section. 
A. Documents of a licensee inspected or examined by the department pursuant to this 
section are confidential and may not be disclosed except as needed in a civil or 
criminal proceeding to enforce any provision of this chapter and the rules adopted 
pursuant to this chapter or any criminal law. 
B. Audit working papers are confidential and may not be disclosed to any person 
outside the department, except that audit working papers may be disclosed to the 
licensee subject to the audit. A final audit report is a public record for the purposes 
of Title l, chapter 13, subchapter 1. For the purposes of this paragraph, "audit 
working papers" means all documentation and other information acquired, prepared 
or maintained by the department and the auditor selected by the department during 
the conduct of the audit, including, but not limited to, draft reports and portions of 
draft reports. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1199, L.D. 1719 
§512. Inspection of licensed premises; testing and sampling for product quality 
control 
1. Inspections. A licensee shall submit to an inspection of its licensed premises, 
including, but not limited to, any places of storage and any locked areas, upon demand 
and without notice during all business hours and other times of apparent activity by the 
department, a criminal justice agency or an official authorized by the municipality in 
which the licensed premises are located. 
For the purposes of this subsection, "municipality" has the same meaning as in section 
212. 
2. Testing and sampling for product quality control. A licensee shall submit to 
the sampling and testing of adult use marijuana or adult use marijuana products within its 
possession, upon demand and without notice during all business hours by the department 
for the purposes of product quality control. The depatiment shall adopt rnles governing 
the sampling and testing of adult use marijuana and adult use marijuana products under 
this subsection, consistent with the requirements of subchapter 6. Rules adopted pursuant 
to this subsection are routine technical rnles as defined in Title 5, chapter 375, subchapter 
2-A. 
§513. Licensee compliance with regulatory requirements 
A licensee, as a condition of licensure under this chapter, shall comply with all 
applicable provisions of this chapter and all applicable provisions of the rules adopted 
pursuant to this chapter. 
SUBCHAPTER 6 
TESTING OF MARIJUANA AND MARIJUANA PRODUCTS 
§601. Testing program established 
The department shall establish a testing program for adult use marijuana and adult 
use marijuana products. Except as otherwise provided in this subchapter, the program 
must require a licensee, prior to selling or distributing adult use marijuana or an adult use 
marijuana product to a consumer or to another licensee, to submit the marijuana or 
marijuana product to a testing facility for testing 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 department shall adopt rules establishing a testing program pursuant 
to this section, rules identifying the types of contaminants that are injurious to health for 
which marijuana and marijuana products must be tested under this subchapter and rules 
regarding the maximum level of allowable contamination for each contaminant. Rules 
adopted pursuant to this subchapter are routine technical rnles as defined in Title 5, 
7 
chapter 3 7 5, sub chapter 2-A. 
COMMITTEE AMENDMENT 
COMMlTIEB AMENDMENT "A "to H.P. 1199, L,D, 1719 
§602. Mandatory testing 
A licensee may not sell or distribute adult use marijuana or an adult use marijuana 
product to a consumer or to another licensee under this chapter unless the marijuana or 
marijuana product has been tested pursuant to this subchapter and the rules adopted 
pursuant to this subchapter 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. 
1. Scope of mandatory testing. Mandatory testing of adult use marijuana and adult 
use marijuana products under this section must include, but is not limited to, testing for: 
A. Residual solvents, poisons and toxins: 
B. Harmful chemicals; 
C. Dangerous molds and mildew: 
D. Harmful microbes, including, but not limited to, Escherichia coli and salmonella: 
E. Pesticides, fungicides and insecticides; and 
F. THC potency, homogeneity and cannabinoid profiles to ensure correct labeling. 
The department may temporarily waive mandatory testing requirements under this section 
for any contaminant or factor for which the department has determined that there exists 
no licensed testing facility in the State capable of and certified to perform such testing. 
2. Record keeping. A licensee shall maintain a record of all mandatory testing that 
includes a description of the adult use marijuana or adult use marijuana product provided 
to the testing facility, the identity of the testing facility and the results of the mandatory 
test. 
3. Testing process, protocols and standards. The department shall establish by 
rule processes, protocols and standards for mandatory and other testing of marijuana and 
marijuana products that confotm with the best practices generally used within the 
marijuana industry. 
§603. Notification requirements 
1. Notification of testing results required. If the results of a mandatory test 
conducted pursuant to section 602 indicate that the tested adult use marijuana or adult use 
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 immediately shall 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, and within 30 days of completing 
the test shall notify the department of the test results. 
2. Notification of testing results not required. A testing facility is not required to 
notify the department of the results of any test: 
A. 
Conducted on adult use marijuana or an adult use marijuana product at the 
direction of a licensee pursuant to section 602 that demonstrates that the marijuana or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1199, L.D, 1719 
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 adult use marijuana or an adult use marijuana product at the 
direction of a licensee for research and development purposes only, so 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 marijuana or a marijuana product at the direction of a person who is 
not a licensee; or 
D. Conducted on a substance that is not marijuana or a marijuana product. 
§604. Sampling for testing 
If a test to be performed by a testing facility is a mandatory test under section 602, an 
employee or designee of the testing facility must perform the sampling required for the 
test. If a test to be performed by a testing facility is not a mandatory test, the owner of the 
marijuana or marijuana product, or a designee of the owner, may perform the sampling 
required for the test. 
§605. Additional testing not required 
Notwithstanding section 602, a licensee may sell or furnish to a consumer or to 
another licensee adult use marijuana or an adult use marijuana product that the licensee 
has not submitted for testing in accordance with this subchapter and rules adopted 
pursuant to this subchapter if: 
1. Prior testing. The marijuana or marijuana product has previously undergone 
testing in accordance with this subchapter and rules adopted pursuant to this subchapter at 
the direction of another 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; 
2. Proper documentation. The mandatory testing process and the test results for 
the marijuana or marijuana product are documented in accordance with the requirements 
of this chapter and all applicable rules adopted pursuant to this chapter; 
3. Tracking maintained. Tracking from immature marijuana plant to the point of 
retail sale has been maintained for the marijuana or marijuana product and transfers of the 
marijuana or marijuana product to another licensee or to a consumer can be easily 
identified; and 
4. 
No subsequent processing, manufacturing or alteration. 
Since the 
perfo1mance of the prior testing under subsection 1, the marijuana or marijuana product 
has not undergone any further processing, manufacturing or alteration, other than the 
packaging and labeling of the marijuana or marijuana product for sale. 
§606. Coordination with testing program and rules for marijuana and marijuana 
products for medical use 
In adopting rules and regulating the testing of adult use marijuana and adult use 
marijuana products under this subchapter, the department shall ensure that, when 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toH.P.1199,L.D.1719 
necessary and practicable. the regulation of the testing of adult use marijuana and adult 
use marijuana products under this subchapter is consistent with the regulation of the 
testing of marijuana and marijuana products for medical use under the Maine Medical 
Use of Marijuana Act. 
SUBCHAPTER7 
LABELING AND PACKAGING; SIGNS, ADVERTISING AND 
MARKETING; HEALTH AND SAFETY 
§701. Labeling and packaging 
1. Labeling requirements. Adult use marijuana and adult use marijuana products to 
be sold or offered for sale by a licensee to a consumer in accordance with this chapter 
must be labeled with the following information, as applicable based on the marijuana or 
marijuana product to be sold: 
A. 
The license numbers of the cultivation facility, the products manufacturing 
facility and the marijuana store where the adult use marijuana or adult use marijuana 
product was cultivated, manufactured and offered for sale: 
B. An identity statement and universal symbol: 
C. Health and safety warning labels as required by rules adopted by the department 
after consultation with the Department of Health and Human Services, Maine Center 
for Disease Control and Prevention: 
D. The batch number: 
E. A net weight statement: 
F. Information on the THC potency of the marijuana or marijuana product and the 
potency of such other cannabinoids or other chemicals in the marijuana or marijuana 
product, including, but not limited to, cannabidiol: 
G. Information on the amount of THC and cannabidiol per serving of the marijuana 
or marijuana product and, for edible marijuana products, the number of servings per 
package: 
H. Information on gases, solvents and chemicals used in marijuana extraction: 
I. Instructions on usage: 
J. For adult use marijuana products: 
(1) The amount of marijuana concentrate per serving of the product, as measured 
in grams, and the amount of marijuana concentrate per package of the product, as 
measured in grams: 
(2) A list of ingredients and possible allergens: and 
(3) A recommended use date or expiration date: 
K. For edible marijuana products, a nutritional fact panel: and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'l~ "to H.P. 1199, L.D. 1719 
L. Any other inf 01mation required by rule by the department. 
2. Packaging requirements. Adult use marijuana and adult use marijuana products 
to be sold or offered for sale by a licensee to a consumer in accordance with this chapter 
must be packaged in the following manner, as applicable based on the marijuana or 
marijuana product to be sold: 
A. Adult use marijuana and adult use marijuana products must be prepackaged in 
child-resistant and tamper-evident packaging or must be placed in child-resistant and 
tamper-evident packaging at the final point of sale to a consumer; 
B. Adult use marijuana and adult use marijuana products must be prepackaged in 
opaque packaging or an opaque container or must be placed in opaque packaging or 
an opaque container at the final point of sale to a consumer; 
C. Packaging for multiserving liquid adult use marijuana products must include an 
integral measurement component and a child-resistant cap; and 
D. Packaging must conform to all other applicable requirements and restrictions 
imposed by rule by the department. 
3. Other approved labeling and packaging. Adult use marijuana and adult use 
marijuana products to be sold or offered for sale by a licensee to a consumer in 
accordance with this chapter may include on the label or the packaging of the marijuana 
or marijuana product: 
A. A statement of compatibility with dietary practices; 
B. Depictions of geometric shapes or marijuana leaves; 
C. Use of the terms 
11organic," "organically cultivated" or "organically grown" in 
accordance with requirements regarding the use of such terms as adopted by rule by 
the department; and 
D. Any other information that has been preapproved by the department. 
4. 
Labeling and packaging prohibitions. Adult use marijuana and adult use 
marijuana products to be sold or offered for sale by a licensee to a consumer in 
accordance with this chapter: 
A. 
May not be labeled or packaged in violation of a federal trademark law or 
regulation or in a manner that would cause a reasonable consumer confusion as to 
whether the marijuana or marijuana product was a trademarked product; 
B. May not be labeled or packaged in a manner that is specifically designed to appeal 
particularly to a person under 21 years of age; 
C. May not be labeled or packaged in a manner that obscures identifying info1mation 
on the label or uses a false or deceptive label; 
D. May not be sold or offered for sale using a label or packaging that depicts a 
7 
human, animal or fruit; and 
E. May not be labeled or packaged in violation of any other labeling or packaging 
requirement or restriction imposed by rule by the department. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 1199, L.D. 1719 
§702. Signs, advertising and marketing 
1. Prohibitions. Signs, advertising and marketing used by or on behalf of a licensee: 
A. May not be misleading, deceptive or false; 
B. May not involve advertising or marketing that has a high likelihood of reaching 
persons under 21 years of age or that is specifically designed to appeal particularly to 
persons under 21 years of age; 
C. May not be placed or otherwise used within 1,000 feet of the property line of a 
preexisting public or private school, except that, if a municipality by ordinance or 
other regulation, or, in the case of a town, plantation or township located in the 
unorganized and deorganized areas, the Maine Land Use Planning Commission, 
chooses to prohibit the placement or use of signs or advertising by or on behalf of a 
marijuana establishment at distances greater than or less than 1,000 feet but not less 
than 500 feet from the property line of a preexisting public or private school, that 
greater or lesser distance applies. As used in this paragraph, "school" has the same 
meaning as in section 402, subsection 2, paragraph A; and 
D. May not violate any other requirement or restriction on signs, advertising and 
marketing imposed by the department by rule pursuant to subsection 2. 
2. Rules on signs, advertising and marketing. The department shall adopt rules 
regarding the placement and use of signs, advertising and marketing by or on behalf of a 
licensee, which may include, but are not limited to: 
A. A prohibition on health or physical benefit claims in advertising or marketing, 
including, but not limited to, health or physical benefit claims on the label or 
packaging of adult use marijuana or an adult use marijuana product: 
B. A prohibition on unsolicited advertising or marketing on the Internet, including, 
but not limited to, banner advertisements on mass-market websites: 
C. A prohibition on opt-in advertising or marketing that does not permit an easy and 
permanent opt-out feature: and 
D. A prohibition on advertising or marketing directed toward location-based devices, 
including, but not limited to, cellular telephones, unless the marketing is a mobile 
device application installed on the device by the owner of the device who is 21 years 
of age or older and includes a permanent and easy opt-out feature. 
§703. Other health and safety requirements and restrictions; rules 
1. Requirements and restrictions for edible marijuana products. In addition to 
all other applicable provisions of this subchapter, edible marijuana products to be sold or 
5 
offered for sale by a licensee to a consumer in accordance with this chapter: 
A. May be manufactured in geometric shapes or in the shape of a matijuana leaf: 
B. Must be manufactured in a manner that results in the cannabinoid content within 
8 
the product being homogeneous throughout the product or throughout each element 
of the product that has a cannabinoid content: 
COMMITTEE AMENDMENT 
CQMMITTEEAMENDMENT"A "toH.P.1199,L.D.1719 
C. 
Must be manufactured in a manner that results in the amount of marijuana 
concentrate within the product being homogeneous throughout the product or 
throughout each element of the product that contains marijuana concentrate; 
D. 
Must have a universal symbol stamped or embossed on each serving of the 
product; 
E. May not be manufactured in the distinct shape of a human, animal or fruit; 
F. May not contain more than 10 milligrams of THC per serving of the product and 
may not contain more than 100 milligrams of THC per package of the product; 
G. May not contain additives that are: 
(1) Toxic or harmful to human beings; 
(2) 
Specifically designed to make the product more addictive or that are 
misleading to consumers; or 
(3) Specifically designed to make the product appeal particularly to a person 
under 21 years of age; and 
H. 
May not involve the addition of marijuana to a trademarked food or drink 
product, except when the trademarked product is used as a component of or 
ingredient in the edible marijuana product and the edible marijuana product is not 
advertised or described for sale as containing the trademarked product. 
2. Health and safety rules. The department shall adopt labeling, packaging and 
other necessary health and safety rnles for adult use marijuana and adult use marijuana 
products to be sold or offered for sale by a licensee to a consumer in accordance with this 
chapter. Rules adopted pursuant to this subsection must establish mandato1y health and 
safety standards applicable to the cultivation of adult use marijuana, the manufacture of 
adult use marijuana products and the packaging and labeling of adult use marijuana and 
adult use marijuana products sold by a licensee to a consumer. Such rules must address, 
but are not limited to: 
A. 
Requirements for the storage, warehousing and transportation of adult use 
marijuana and adult use marijuana products by licensees; 
B. Sanitary standards for marijuana establishments, including, but not limited to, 
sanitary standards for the manufacture of adult use marijuana and adult use marijuana 
products; and 
C. 
Limitations on the display of adult use marijuana and adult use marijuana 
products at marijuana stores. 
§704. Coordination with labeling and packaging rules for marijuana and marijuana 
products for medical use 
In adopting rnlcs and regulating the labeling and packaging of adult use marijuana 
and adult use marijuana products under this subchapter, the department shall ensure that, 
8 
when necessary and practicable, the regulation of the labeling and packaging of adult use 
marijuana and adult use marijuana products under this subchapter is consistent with the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
regulation of the labeling and packaging of marijuana and marijuana products for medical 
use under the Maine Medical Use of Marijuana Act. 
SUBCHAPTER 8 
LICENSE VIOLATIONS; PENALTIES 
§801. Department may impose penalty on licensee for license violation; Maine 
Administrative Procedure Act applies 
The department, on its own initiative or on complaint and after investigation, notice 
and the opportunity for a public hearing, by written order may impose a monetary penalty 
on a licensee or suspend or revoke the licensee's license for a violation by the licensee or 
by an agent or employee of the licensee of the provisions of this chapter, the rules 
adopted pursuant to this chapter or the terms, conditions or provisions of the licensee's 
license. 
1. Additional penalties may be imposed. Any penalties imposed by the department 
on a licensee pursuant to this subchapter are in addition to any criminal or civil penalties 
that may be imposed pursuant to other applicable laws or rules. 
2. Maine Administrative Procedure Act; appeals. Except as otherwise provided 
in this subchapter or in rules adopted pursuant to this subchapter, the imposition of a 
monetary penalty, suspension or revocation on a licensee by the department, including, 
but not limited to, the provision of notice and the conduct of hearings, is governed by the 
Maine Administrative Procedure Act. 
A fmal order of the department imposing a 
monetary penalty on a licensee or suspending or revoking the licensee's license is a fmal 
agency action, as defined in Title 5, section 8002, subsection 4, and the licensee may 
appeal that final order to the Superior Court in accordance with Rule SOC of the Maine 
Rules of Civil Procedure. 
§802. Penalties 
1. Monetary penalties. A monetary penalty imposed by the department on a 
licensee pursuant to this subchapter may not exceed $100,000 per license violation. 
A. The department shall adopt rules setting forth potential amounts .of monetary 
penalties to be imposed on a licensee based upon specific categories of unauthorized 
conduct by the licensee, including major and minor license violations, as follows: 
(1) Not more than $10,000 per minor license violation; 
(2) Except as provided in subparagraph (3), not more than $50,000 per major 
license violation: and 
(3) Not more than $100,000 per major license violation affecting public safety. 
B. All monetary penalties imposed pursuant to this subchapter must be paid by the 
7 
licensee to the department in the form of cash or in the form of a certified check or a 
8 
cashier's check payable to the department. 
All monetary penalties paid to the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
department pursuant to this subchapter must be deposited into the Adult Use 
Marijuana Regulatory Coordination Fund established in section 1102. 
2. License suspension. A licensee whose Hcense has been suspended pursuant to 
this subchapter may not, for the duration of the period of suspension, engage in any 
activities relating to the operation of the marijuana establishment the licensee is licensed 
to operate. 
3. License revocation. A licensee whose license has been revoked pursuant to this 
subchapter shall cease immediately all activities relating to the operation of the marijuana 
establishment the licensee was previously licensed to operate and shall ensure that all 
adult use marijuana and adult use marijuana products in the possession of the licensee are 
forfeited to the department for destruction in accordance with section 803. 
4. Imposition of monetary penalty upon suspension or revocation. In addition to 
suspending or revoking a licensee's license, the department may impose a monetary 
12enalty on the licensee consistent with this section. 
§803. Disposition of unauthorized marijuana or marijuana products of licensee 
1. Order; destruction of marijuana or marijuana products. If the department 
7 
issues a final order imposing a monetary penalty on or a license suspension or revocation 
against a licensee pursuant to this subchapter, the department may specify in the order, in 
addition to any other penalties imposed in the order, that all or a portion of the marijuana 
or marijuana products in the possession of the licensee are not authorized under this 
chapter and are subject to destruction. A licensee subject to a final order directing the 
destruction of marijuana or marijuana products in the possession of the licensee shall 
forfeit the marijuana and marijuana products described in the order to the department for 
destruction. 
2. Investigation. If the department is notified by a criminal justice agency that there 
is a pending investigation of a licensee subject to an order imposed under subsection 1, 
the department may not destroy any marijuana or marijuana products of that licensee until 
the destruction is approved by the criminal justice agency. 
§804. Rules 
The department shall adopt rules governing the imposition of monetary penalties, 
suspensions and revocations under this subchapter, which must include, but are not 
limited to, provisions relating to notice and conduct of hearings consistent with the Maine 
Administrative Procedure Act and provisions relating to the disposition of unauthorized 
marijuana and marijuana products of a licensee. 
SUBCHAPTER 9 
MARIJUANA ADVISORY COMMISSION 
§901. Establishment 
The Marijuana Advisory Commission, established by Title 5, section 12004-I, 
subsection 52-C and referred to in this subchapter as "the commission," is created for the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A,, to H.P. 1199, L.D. 1719 
purpose of conducting a continuing study of the laws relating to marijuana and reporting 
to the Legislature its findings and recommendations on an annual basis. 
§902. Membership; chairs; terms; vacancies; quorum 
1. Membership. The commission consists of the following 15 members: 
A. 
Two members of the Senate, including members from each of the 2 parties 
holding the largest number of seats in the Legislature, appointed by the President of 
the Senate; 
B. Two members of the House of Representatives, including members from each of 
the 2 patties holding the largest number of seats in the Legislature, appointed by the 
Speaker of the House of Representatives; 
C. 
The Commissioner of Administrative and Financial Services or the 
commissioner's designee; 
D. 
The Commissioner of Agriculture, Conservation and Forestry or the 
commissioner's designee; 
E. 
The Commissioner of Health and Human Services or the commissioner's 
designee; 
F. The Commissioner of Labor or the commissioner's designee; 
G. The Commissioner of Public Safety or the commissioner's designee; 
H. The following 3 members, appointed by the President of the Senate: 
(1) A representative of a statewide association representing prosecutors; 
(2) 
A representative of a statewide association representing the medical 
marijuana industry; and 
(3) A member of the public; and 
I. 
The following 3 members, appointed by the Speaker of the House of 
Representatives: 
(1) 
A representative of a statewide association representing the adult use 
marijuana industry; 
(2) A member of the public with demonstrated expertise and credentials in 
public health policy; and 
(3) A member of the public. 
2. Chairs. The first-named Senate member is the Senate chair and the first-named 
House member is the House chair of the commission. 
3. Terms. Members of the commission who are Legislators serve during the term of 
office for which they were elected. Other members of the commission serve for a term of 
years and may be reappointed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 1199, L.D. 1719 
4. Vacancies. In the event of a vacancy on the commission, the member's unexpired 
term must be filled through an appointment by the appointing authority for the vacant 
seat. 
5. Quorum. A quorum of the commission consists of 8 members. 
§903. Duties 
1. 
Review of laws and rules. 
The commission shall review laws and rules 
pe1iaining to the adult use marijuana and medical marijuana industries in this State and 
any other provision of law or rule pertaining to marijuana, including, but not limited to, 
laws and rules regarding public health, public safety, juvenile and adult criminal and civil 
offenses, workplace drug testing, workplace safety, motor vehicle safety, landlords and 
tenants, the personal use of marijuana and taxes and fees paid to the State by applicants 
and registered primary caregivers and registered dispensaries under the Maine Medical 
Use of Marijuana Act and applicants and licensees under this Act. 
2. 
Solicitation of public comment regarding law enforcement contacts with 
citizens. The commission shall, on an annual basis, solicit public comment regarding 
contacts between law enforcement officers and citizens following the initiation of an 
adult use marijuana market in the State that involve the personal adult use of marijuana 
and marijuana products and the home cultivation of marijuana for personal adult use. 
The public comments solicited under this subsection and any findings 
or 
recommendations by the commission relating to those solicited comments must be 
included in the annual report under subsection 5. 
3. Submission of recommendations to Legislature. The commission shall submit 
to the Legislature such recommended changes to the laws as it considers appropriate to: 
A. Preserve the public health and safety and the well-being of the citizens of the 
State; 
B. Preserve the intent of the citizens of the State as expressed in passage of the 
Marijuana Legalization Act, former Title 7, chapter 417; and 
C. 
Standardize, coordinate or integrate the adult use marijuana and medical 
marijuana laws, rules and programs in the State, including, but not limited to, 
recommended changes regarding the standardization, coordination or integration of 
the laws and rules relating to the testing, labeling and packaging of adult use 
marijuana and adult use marijuana products and marijuana and marijuana products 
for medical use. 
The commission shall include any recommended changes in its annual rep01i to the 
Legislature pursuant to subsection 5. 
4. Public hearings. The commission may hold public hearings at such times and at 
such places as the commission considers appropriate in order to take testimony 
concerning the use, possession and distribution of marijuana, law enforcement contacts 
with citizens as described in subsection 2, the alignment of this Act with other provisions 
of law and any other matter relating to the duties of the commission. 
5. Report to Legislature. Beginning January 15, 2020, and annually thereafter, the 
commission shall submit a report containing its findings and recommendations, together 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT «A" to H.P. 1199, L.D. 1719 
with any suggested legislation, to the joint standing committees of the Legislature having 
jurisdiction over health and human services matters and adult use marijuana matters. 
§904. Organization; staffing; consultation 
1. Organization; staffing. The Legislative Council shall provide staffing services to 
the commission, except that Legislative Council staff support is not authorized when the 
Legislature is in regular or special session. The Executive Director of the Legislative 
Council shall notify all members of the commission of the time and place of the first 
meeting. 
2. Consultation. Whenever the commission considers it appropriate, it may seek the 
advice of consultants or experts, including representatives of the legislative and executive 
branches of State Government, in fields related to its duties. 
§905. Reimbursement of expenses 
Members of the commission must be compensated in accordance with Title 5, chapter 
379. 
SUBCHAPTER 10 
EXCISE TAX ON ADULT USE MARIJUANA 
§1001. Excise tax imposed 
Beginning on the first day of the calendar month in which adult use marijuana may be 
sold in the State by a cultivation facility under this chapter, an excise tax on adult use 
marijuana is imposed in accordance with this subchapter. 
1. Excise tax on marijuana flower and mature marijuana plants. A cultivation 
facility licensee shall pay an excise tax of $335 per pound of marijuana flower or mature 
marijuana plants sold to other licensees in the State. 
2. Excise tax on marijuana trim. A cultivation facility licensee shall pay an excise 
tax of $94 per pound of marijuana trim sold to other licensees in the State. 
3. Excise tax on immature marijuana plants and seedlings. A cultivation facility 
licensee shall pay an excise tax of $1.50 per immature marijuana plant or seedling sold to 
other licensees in the State. 
4. Excise tax on marijuana seeds. A cultivation facility licensee shall pay an excise 
tax of $0.30 per marijuana seed sold to other licensees in the State. 
§1002. Payment of excise tax 
On or before the last day of each month, a cultivation facility licensee shall pay to the 
department all excise taxes due under this subchapter on the adult use marijuana sold by 
the cultivation facility licensee to other licensees during the preceding calendar month. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. I I 99, L.D. 1719 
§1003. Application of excise tax revenue 
All excise tax revenue collected by the department pursuant to this subchapter on the 
sale of adult use marijuana must be deposited into the General Fund, except that, on or 
before the last day of each month, the department shall transfer 12% of the excise tax 
revenue received by the department during the preceding month pursuant to this 
subchapter to the Adult Use Marijuana Public Health and Safety Fund established under 
section 110 I. 
SUBCHAPTERll 
ADULT USE MARIJUANA PUBLIC HEALTH AND SAFETY FUND; 
O 
ADULT USE MARIJUANA REGULATORY COORDINATION FUND 
§1101. Adult Use Marijuana Public Health and Safety Fund 
The Adult Use Marijuana Public Health and Safety Fund, refeITed to in this section as 
"the fund," is established as a dedicated, nonlapsing fund within the department for the 
purposes specified in this section. 
1. Sources of fund. The State Controller shall credit to the fund: 
A. Money received from the excise tax imposed on the sale of adult use marijuana by 
a cultivation facility licensee to other licensees pursuant to subchapter 10 in the 
amount required under section 1003; 
B. Money received from the sales tax imposed on the sale of adult use marijuana and 
adult use marijuana products by a marijuana store licensee to a consumer pursuant to 
Title 36, section 1811 in the amount required under Title 36, section 1818; 
C. 
All money from any other source, whether public or private, designated for 
deposit into or credited to the fund; and 
D. Interest earned or other investment income on balances in the fund. 
2. Uses of fund. Money credited to the fund pursuant to subsection 1 may be used 
by the department as provided in this subsection. 
A. No more than 50% of all money credited to the fund may be expended by the 
department to fund public health and safety awareness and education programs, 
initiatives, campaigns and activities relating to the sale and use of adult use marijuana 
and adult use marijuana products conducted in accordance with section 108 by the 
depaitment, another state agency or depaitment or any other public or private entity. 
B. No more than 50% of all money credited to the fund may be expended by the 
department to fund enhanced law enforcement training programs relating to the sale 
and use of adult use marijuana and adult use marijuana products for local, county and 
5 
state law enforcement officers conducted in accordance with section 109 by the 
depaitment, the Maine Criminal Justice Academy, another state agency or department 
7 
or any other public or private entity. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
3. Application of fund to departmental expenses prohibited. Money in the fund 
may not be applied to any expenses incurred by the department in implementing, 
administering or enforcing this chapter. 
§1102. Adult Use Marijuana Regulatory Coordination Fund 
The Adult Use Marijuana Regulatory Coordination Fund, referred to in this section as 
"the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds 
account in the department. The fund is administered and used by the commissioner for 
the purposes of adopting rules under this chapter and for the purposes of implementing, 
administering and enforcing this chapter. The commissioner may expend money in the 
fund to enter into contracts with consultants and employ staff, as determined necessary by 
the commissioner, conduct meetings with stakeholders and conduct any other activities 
related to the implementation, administration and enforcement of this chapter. 
CHAPTER3 
PERSONAL ADULT USE OF MARIJUANA AND MARIJUANA 
PRODUCTS; HOME CULTIVATION OF MARIJUANA FOR PERSONAL 
ADULT USE 
§1501. Personal adult use of marijuana and marijuana products 
1. Authorized conduct. Except as otherwise authorized by this Title, a person 21 
years of age or older may: 
A. Use, possess or transport marijuana paraphernalia; 
B. Use, possess or transport at any one time up to 2 1/2 ounces of marijuana or 2 1/2 
ounces of a combination of marijuana and marijuana concentrate that includes no 
more than 5 grams of marijuana concentrate; 
C. Transfer or furnish, without remuneration, to a person 21 years of age or older up 
to 2 1/2 ounces of marijuana or 2 1/2 ounces of a combination of marijuana and 
marijuana concentrate that includes no more than 5 grams of marijuana concentrate; 
D. Transfer or furnish, without remuneration, to a person 21 years of age or older up 
to 6 immature marijuana plants or seedlings; 
E. Subject to the requirements and restrictions of section 1502, possess, cultivate or 
transport at any one time up to 3 mature marijuana plants, 12 immature marijuana 
plants and an unlimited number of seedlings and possess all the marijuana produced 
by such plants at the person's place of residence or at the location where the 
marijuana was cultivated; 
F. Subject to the limitations imposed under paragraph B. purchase up to 2 1/2 ounces 
of adult use marijuana or 2 1/2 ounces of a combination of adult use marijuana and 
marijuana concentrate that includes no more than 5 grams of marijuana concentrate 
from a marijuana store; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
G. 
Subject to the limitations imposed under paragraph E, purchase up to 12 
immature marijuana plants or seedlings from a nursery cultivation facility as 
described in section 301, subsection 5 or from a marijuana store. 
For the purposes of this subsection, "remuneration" includes a donation or any other 
monetaiy payment recei~ed directly or indirectly by a person in exchange for goods ~r 
services as part of a transaction in which marijuana, marijuana products or marijuana 
plants are transferred or furnished by that person to another person. 
2. 
Consumption of marijuana and marijuana products; violation. 
The 
provisions of this subsection apply to the consumption of marijuana or marijuana 
products by a person 21 years of age or older. 
A. A person 21 years of age or older may consume marijuana or marijuana products 
only if that person is: 
(1) In a private residence, including crutilage; or 
(2) On private property. not generally accessible by the public, and the person is 
explicitly pe1mitted to consume marijuana or marijuana products on the property 
by the owner of the property. 
B. A person 21 years of age or older may not consume marijuana or marijuana 
products: 
(1) If that person is the operator of a vehicle on a public way or a passenger in 
the vehicle. As used in this subparagraph, "vehicle" has the same meaning as in 
Title 29-A, section 101, subsection 91; 
(2) In a private residence or on private property used as a day care or baby-
sitting service during the hours in which the residence or property is being 
operated as a day care or baby-sitting service; 
(3) By means of smoking the marijuana or marijuana product in a designated 
smoldng area as provided under the Workplace Smoking Act of 1985; or 
(4) By means of smoking the marijuana or mai·ijuana product in a public place or 
in a public area where smoking is prohibited under Title 22, chapter 262. 
C. A person who violates this subsection commits a civil violation for which a fine 
of not more than $100 may be adjudged in addition to any criminal or civil penalties 
that may be imposed pursuant to other applicable laws or rules. 
§1502. Home cultivation of marijuana for personal adult use 
The provisions of this section apply to the home cultivation of marijuana for personal 
adult use by a person 21 years of age or older, but do not apply to the cultivation of 
marijuana for medical use by a qualifying patient, a primary caregiver, a registered 
primary cai·egiver or a registered dispensary as authorized by the Maine Medical Use of 
Marijuana Act. 
1. Cultivation of up to 3 mature marijuana plants per person for personal adult 
use authorized. Subject to the applicable requirements and restrictions of subsections 2, 
and 4, a person 21 years of age or older may cultivate up to 3 mature marijuana plants. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1199, L.D. 1719 
up to 12 immature marijuana plants and an unlimited number of seedlings for personal 
adult use: 
A. On a parcel or tract of land on which the person is domiciled; 
B. On a parcel or tract of land owned by the person on which the person is not 
domiciled; or 
C. On a parcel or tract of land not owned by the person and on which the person is 
not domiciled so long as the owner of the parcel or tract of land by written agreement 
permits the cultivation and care of the marijuana plants on the parcel or tract of land 
by that person. 
A person may cultivate the marijuana plants and seedlings authorized under this 
subsection at multiple locations so long as such cultivation activities otherwise meet all 
requirements and restrictions of this section. 
2. Cultivation requirements. A person who cultivates marijuana for personal adult 
use pursuant to this section shall: 
A. Ensure that the marijuana is not visible from a public way without the use of 
aircraft or binoculars or other optical aids; 
B. Take reasonable precautions to prevent unauthorized access by a person under 21 
years of age; 
C. Attach to each mature marijuana plant and each immature marijuana plant a 
legible tag that includes the person's name, driver's license number or identification 
number, a notation that the marijuana plant is being grown for personal adult use as 
authorized under this section and, if the cultivation is on a parcel or tract of land 
owned by another person, the name of that owner; and 
D. Comply with all applicable local regulations relating to the home cultivation of 
marijuana for personal adult use that have been adopted in accordance with 
subsection 3 or 4. 
3. Local regulation of home cultivation of marijuana for personal adult use 
within municipalities. In accordance with this subchapter and pursuant to the home rule 
authority granted under the Constitution of Maine, Article VIII, Part Second and Title 
30-A, section 3001, a municipality may regulate the home cultivation of marijuana for 
personal adult use within the municipality. 
A. A municipality may adopt an ordinance or other regulation limiting the total 
number of mature marijuana plants that may be cultivated on any one parcel or tract 
of land within the municipality so long as that ordinance or regulation allows for the 
cultivation of 3 mature marijuana plants, 12 immature marijuana plants and an 
unlimited number of seedlings by each person 21 years of age or older who is 
7 
domiciled on a parcel or tract of land. 
B. A municipality may not generally prohibit the home cultivation of marijuana for 
personal adult use within the municipality, restrict the areas within the municipality 
in which home cultivation of marijuana for personal adult use is allowed or charge a 
license or other fee to a person relating to the home cultivation of marijuana for 
personal adult use within the municipality. 
· 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
4. Local regulation of home cultivation of marijuana for personal adult use 
within town, plantation or township in unorganized and deorganized areas. In 
accordance with this subchapter and pursuant to the authority granted under Title 12, 
chapter 206-A, the Maine Land Use Planning Commission may regulate the home 
cultivation of marijuana for personal adult use within a town, plantation or township in 
the unorganized and deorganized areas. 
A. The Maine Land Use Planning Commission may limit the total number of mature 
marijuana plants that may be cultivated on any one parcel or tract of land within a 
town, plantation or township in the unorganized and deorganized areas so long as that 
limitation allows for the cultivation of 3 mature marijuana plants, 12 immature 
marijuana plants and an unlimited number of seedlings by each person 21 years of 
age or older who is domiciled on a parcel or tract of land. 
B. The Maine Land Use Planning Commission may not generally prohibit the home 
cultivation of marijuana for personal adult use within a town, plantation or township 
in the unorganized and deorganized areas; restrict the areas within the town. 
plantation or township in which home cultivation of marijuana for personal adult use 
is allowed; or charge a license or other fee to a person relating to the home cultivation 
of marijuana for personal adult use within the town, plantation or township. 
§1503. Home extraction of marijuana concentrate by use of inherently hazardous 
substance prohibited 
Except as authorized under section 502, subsection 7 or pursuant to the Maine 
Medical Use of Marijuana Act, a person may not manufacture marijuana concentrate 
using an inherently hazardous substance. The owner of a property or a parcel or tract of 
land may not intentionally or knowingly allow another person to manufacture marijuana 
concentrate using an inherently hazardous substance within or on that property or land. 
§1504. Violations; penalties 
Except as provided in section 1501. subsection 2, a person who violates any provision 
of this chapter is subject to forfeiture or seizure of any unauthorized marijuana, marijuana 
products or marijuana plants pursuant to Title 15, chapter 517 and is subject to any 
additional criminal or civil penalties that may be imposed pursuant to other applicable 
laws or rules. 
Sec. A-7. Possession, cultivation and transportation of up to 6 mature 
marijuana plants authorized for 6-month period following effective date of 
Act. Notwithstanding any provision of the Maine Revised Statutes, Title 28-B, chapter 3 
to the contrary, and subject to the same cultivation restrictions and requirements of Title 
28-B, section 1502, subsections 1 and 2 that are applicable to the possession, cultivation 
and transportation of up to 3 mature marijuana plants by a person 21 years of age or older 
as authorized under the Marijuana Legalization Act, for the period beginning on the 
9 
effective date of this Act and ending 6 months after that date, a person 21 years of age or 
older may possess, cultivate and transport up to 6 mature marijuana plants. 
Sec. A-8. 
Transfer of funds; Adult Use Marijuana Regulatory 
Coordination Fund. Notwithstanding any other provision of law to the contrary, the 
State Controller, no later than 5 days after the effective date of this Act, shall transfer the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
balance of the Retail Marijuana Regulatory Coordination Fund in the Department of 
Administrative and Financial Services to the Adult Use Marijuana Regulatory 
Coordination Fund in the Department of Administrative and Financial Services. 
Sec. A-9. 
Department of Administrative and Financial Services; 
acceptance and processing of applications. No later than 30 days after the final 
adoption of rules by the Department of Administrative and Financial Services pursuant to 
the authority granted in the Marijuana Legalization Act established pursuant to the Maine 
Revised Statutes, Title 28-B, chapter I, the depatiment shall begin accepting and 
processing applications for licenses to operate marijuana establishments under the 
Marijuana Legalization Act. 
Sec. A-10. Department of Administrative and Financial Services; time 
frame for action on applications. Notwithstanding the Maine Revised Statutes, Title 
28-B, section 205, subsection 3, the Department of Administrative and Financial Services 
may take longer than 90 days to act on any application for a license to operate a 
marijuana establishment under the Marijuana Legalization Act established pursuant to 
Title 28-B, chapter 1 that is received by the department during the period between the 
date that the depatiment first begins accepting and processing applications under the 
Marijuana Legalization Act and 6 months from that date. 
PARTB 
Sec. B-1. 15 MRSA §5821, first 1, as amended by IB 1999, c. 1, §2, is futiher 
amended to read: 
Except as provided in section 5821-A or 5821-B, the following are subject to 
forfeiture to the State and no propetiy right may exist in them: 
Sec. B-2. 15 MRSA §5821-B is enacted to read: 
§5821-B. Property not subject to forfeiture based on adult use of marijuana 
Property is not subject to forfeiture under this chapter if the activity that subjects the 
person's property to forfeiture is the adult use of marijuana pursuant to a license issued 
under Title 28-B, chapter 1 or relating to the personal adult use of marijuana pursuant to 
Title 28-B, chapter 3 and the person meets all applicable requirements for the adult use of 
marijuana pursuant to Title 28-B. 
Sec. B-3. 17-A MRSA §1103, sub-§1-B, as enacted by PL 2001, c. 383, §115 
and affected by § 156, is amended to read: 
1-B. 
A person is not guilty of unlawful trafficking in a scheduled drug if the 
conduct that constitutes the trafficking is either: 
A. Expressly authorized by Title 22, Title 28-B or Title 32; or 
B. Expressly made a civil violation by Title 22 or Title 28-B. 
Sec. B-4. 17-A MRSA §1106, sub-§1-B, as enacted by PL 2001, c. 383, §121 
8 
and affected by § 156, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
1-B. 
A person is not guilty of unlawful furnishing of a scheduled drug if the 
conduct that constitutes the furnishing is expressly: 
A. Authorized by Title 22, Title 28-B or Title 32; or 
B. Made a civil violation by Title 22 or Title 28-B. 
Sec. B-5. 17-A MRSA §1107-A, sub-§2, as enacted by PL 2001, c. 383, §127 
and affected by § 156, is amended to read: 
2. 
A person is not guilty of unlawful possession of a scheduled drug if the conduct 
that constitutes the possession is expressly: 
A. Authorized by Title 22, Title 28-B or Title 32; or 
IO 
B. Made a civil violation by Title 22 or Title 28-B. 
Sec. B-6. 17-A MRSA §1111-A, sub-§1, as corrected by RR 2015, c. 1, §11, is 
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, conve1ting, 
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 th is section does not apply to a person who is authorized to possess marijuana for 
medical use pursuant to Title 22, chapter 558-C, to the extent the drug paraphernalia is 
used for that person's medical use of marijuana; to a person who is authorized to possess 
marijuana pursuant to Title 28~8, to the extent the drug paraphernalia is used for that 
person's adult use of marijuana; or to a marijuana store licensed pursuant to Title 28-B, to 
the extent that the drug paraphernalia relates to the sale or offering for sale of marijuana 
by the marijuana store. 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 is a scheduled drug or from which a 
scheduled drug can be derived; 
B. 
Kits used or intended for use in manufacturing, compounding, conve1ting, 
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 drng; 
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. 
Dilutants 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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 1199, L.D. 1719 
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 shott to be held in the hand; 
( 6) Miniature cocaine spoons and cocaine vials; 
7 
(7) Chamber pipes; 
(8) Carburetor pipes; 
(9) Electric pipes; 
( 10) Air-driven pipes; 
(11) Chillums; 
(12) Bongs; or 
(13) Ice pipes or chillers. 
Sec. B-7. 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 or in Title 28-B, a person is 
7 
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, convett, 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 dnig paraphernalia is: 
5 
(1) At least 16 years of age. Violation of this subparagraph is a Class E crime; 
or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ~" to H.P. 1199, L.D. 1719 
(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 or in Title 28-B, a person 
commits a civil violation if: 
IO 
A. The person in fact uses drug paraphernalia to plant, propagate, cultivate, grow, 
harvest, manufacture, compound, conve1t, 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 23 83. Violation of this paragraph is a civil violation for which a fine of 
$300 must be adjudged, none of which may be suspended. 
Sec. B-8. 17-A MRSA §1114, as enacted by PL 1975, c. 499, §1, is amended to 
read: 
§1114. Schedule Z drugs; contraband subject to seizure 
All scheduled Z drugs, the unauthorized possession of which constitutes a civil 
violation under Title 22 or Title 28-B, are hereby declared contraband, and may be seized 
and confiscated by the State. 
Sec. B-9. 17-A MRSA § 1115, as enacted by PL 197 5, c. 499, § 1 and amended by 
c. 740, §106-A, is fmther amended to read: 
§1115. Notice of conviction 
On the conviction of any person of the ft violation of any provision of this chapter, or 
on hls a person's being found liable for a civil violation under Title 22 or Title 28-B, a 
copy of the judgment or sentence and of the opinion of the comt or judge, if any opinion 
be.!§. filed, s-ha-ll must be sent by the clerk of court or by the judge to the board or officer, 
if any, by whom the person has been licensed or registered to practice hls that person's 
profession or to carry on hls that person's business if the court finds that such conviction 
7 
or liability renders s-tte-h that person unfit to engage in s-tte-h that person's profession or 
business. The comt may, in its discretion, may suspend or revoke the license or 
registration of the person to practice hls that person's profession or to carry on hls that 
person's business if the court finds that such conviction or liability renders s-tte-h that 
person unfit to engage in ffi!-efl- that person's profession or business. On the application of 
any person whose license or registration has been suspended or revoked and upon proper 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
I 
showing and for good cause, said !! board or officer may reinstate ffi:Wft that· person's 
license or registration. 
Sec. B-10. 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 Title 28-B. 
Sec. B-11. 25 MRSA §1542-A, sub-§1, 10 is enacted to read: 
0. Who is required to submit to a criminal hist01y record check pursuant to Title 
28-B, section 204. 
Sec. B-12. 25 MRSA §1542-A, sub-§3, ~ 
is enacted to read: 
N. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph O at the request of that person and upon payment 
of the expenses by that person as provided under Title 28-B, section 204. 
Sec. B-13. 25 MRSA §1542-A, sub-§4, as amended by PL 2017, c. 253, §4 and 
c. 258, Pt. B, §4, is repealed and the following enacted in its place: 
4. Duty to submit to State Bureau of Identification. It is the duty of the law 
enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B 
and G to transmit immediately to the State Bureau of Identification the criminal 
fingerprint record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or 
pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless 
an express request is made by the commanding officer of the State Bureau of 
Identification. 
Fingerprints taken pursuant to subsection 1, paragraph G must be 
transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal history 1·ecord checks for the Department of 
Education. The bureau may not use the· fingerprints for any purpose other than that 
provided for under Title 20-A, section 6103. The bureau shall retain the fingerprints, 
except as provided under Title 20-A, section 6103, subsection 9. Fingerprints taken 
pursuant to subsection 1, paragraph I and subsection 3, paragraph I must be transmitted 
immediately to the State Bureau of Identification to enable the bureau to conduct state 
and national criminal hist01y record checks for the court and the Department of Public 
Safety, Gambling Control Board, respectively. Fingerprints taken pursuant to subsection 
1, paragtaph J, K or L must be transmitted immediately to the State Bureau of 
Identification to enable the bureau to conduct state and national criminal hist01y record 
checks for the Depaitment of Administrative and Financial Services, Bureau of Revenue 
Services. · Fingerprints taken pursuant to subsection 1, paragraph M must be transmitted 
immediately to the State Bureau of Identification to enable the bureau to conduct state 
7 
and national criminal history record checks for the Board of Osteopathic Licensure, 
established in Title 32, chapter 36. Fingerprints taken pursuant to subsection 1, paragraph 
N must be transmitted immediately to the State Bureau of Identification to enable the 
bureau to· conduct state and national criminal history record checks for the Board of 
Licensure in Medicine, established in Title 32, chapter 48. Fingerprints taken pursuant to 
subsection 1, paragraph M must be transmitted immediately to the State Bureau of 
Identification to enable the bureau to conduct state and national criminal history record 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 1199, L.D. 1719 
checks for the State Board of Nursing. Fingerprints taken pursuant to subsection 1, 
paragraph O must be transmitted immediately to the State Bureau of Identification to 
enable the bureau to conduct state and national criminal hist01y record checks under Title 
28-B, section 204. 
PARTC 
Sec. C-1. 30-A MRSA §4452, sub-§5, ~, as corrected by RR 2007, c. 2, § 17, 
is amended to read: 
U. 
Standards under a wind energy development cettification issued by the 
Department of Environmental Protection pursuant to Title 35-A, section 3456 if the 
municipality chooses to enforce those standards; an4 
Sec. C-2. 30-A MRSA §4452, sub-§5, Gj\V, as reallocated by RR 2007, c. 2, § 18, 
is amended to read: 
V. The Maine Uniform Building and Energy Code, adopted pursuant to Title I 0, 
chapter 11037; and 
Sec. C-3. 30-A MRSA §4452, sub-§5, ~ 
is enacted to read: 
W. Local land use and business licensing ordinances adopted pursuant to Title 28-B, 
chapter 1, subchapter 4. 
Sec. C-4. 30-A MRSA §7063 is enacted to read: 
§7063. Adult use marijuana 
A plantation has the same powers and duties, and is subject to the same restrictions 
and requirements, as a municipality under section 4452, subsection 5, paragraph W and 
under Title 28-B, chapters 1 and 3. 
PARTD 
Sec. D-1. 36 MRSA §1752, sub-§§1-1, 1-J and 6-D are enacted to read: 
1-1. Adult use marijuana. "Adult use marijuana" has the same meaning as in Title 
28-B, section 102, subsection I. 
1-J. Adult use marijuana product. "Adult use marijuana product" has the same 
meaning as in Title 28-B, section 102, subsection 2. 
6-D. Marijuana establishment. "Marijuana establishment" has the same meaning 
0 
as in Title 28-B, section 102, subsection 29. 
Sec. D-2. 36 MRSA §1811, first 1, as amended by PL 2015, c. 267, Pt. 0000, 
§5 and affected by §7, is further amended to read: 
A tax is imposed on the value of all tangible personal property, products transferred 
electronically and taxable services sold at retail in this State. The rate of tax is 7% on the 
value of liquor sold in licensed establishments as defined in Title 28-A, section 2, 
subsection 15, in accordance with Title 28-A, chapter 43; 7% on the value of rental of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
living quarters in any hotel, rooming house or tourist or trailer camp; 10% on the value of 
rental for a period of less than one year of an automobile, of a pickup truck or van with a 
gross vehicle weight of less than 26,000 pounds rented from a person primarily engaged 
in the business of renting automobiles or of a loaner vehicle that is provided other than to 
a motor vehicle dealer's service customers pursuant to a manufacturer's or dealer's 
wan·anty; 7% on the value of prepared food; and 5% on the value of all other tangible 
personal property and taxable services and products transferred electronically. 
Notwithstanding the other provisions of this section, from October 1, 2013 to December 
31, 2015, the rate of tax is 8% on the value of rental of living quarters in any hotel, 
rooming house or tourist or trailer camp; 8% on the value of prepared food; 8% on the 
value of liquor sold in licensed establishments as defined in Title 28-A, section 2, 
subsection 15, in accordance with Title 28-A, chapter 43; and 5.5% on the value of all 
other tangible personal property and taxable services and products transferred 
electronically. Notwithstanding the other provisions of this section, beginning January 1, 
2016, the rate of tax is 9% on the value of rental of living quaiters in any hotel, rooming 
house or tourist or trailer camp; 8% on the value of prepared food; 8% on the value of 
liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, 
in accordance with Title 28-A, chapter 43; and 5.5% on the value of all other tangible 
personal prope1ty and taxable services and products transferred electronically. 
Notwithstanding the other provisions of this section, beginning on the first day of the 
calendar month in which adult use marijuana and adult use marijuana products may be 
sold in the State by a marijuana establishment licensed to conduct retail sales pursuant to 
Title 28-B, chapter 1, the rate of tax is 10% on the value of adult use marijuana and adult 
use marijuana products. 
Value is measured by the sale price, except as otherwise 
provided. The value of rental for a period of less than one year of an automobile or of a 
pickup truck or van with a gross vehicle weight of less than 26,000 pounds rented from a 
person primarily engaged in the business ofrenting automobiles is the total rental charged 
to the lessee and includes, but is not limited to, maintenance and service contracts, drop-
off or pick-up fees, airport surcharges, mileage fees and any separately itemized charges 
on the rental agreement to recover the owner's estimated costs of the charges imposed by 
government authority for title fees, inspection fees, local excise tax and agent fees on all 
vehicles in its rental fleet registered in the State. All fees must be disclosed when an 
estimated quote is provided to the lessee. 
Sec. D-3. 36 MRSA §1817, as amended by PL 2017, c. 1, §21, is repealed. 
Sec. D-4. 36 MRSA §1818 is enacted to read: 
§1818. Tax on adult use marijuana and adult use marijuana products 
7 
All sales tax revenue collected pursuant to section 1811 on the sale of adult use 
marijuana and adult use marijuana products must be deposited into the General Fund, 
except that, on or before the last day of each month, the State Controller shall transfer 
12% of the sales tax revenue received by the assessor during the preceding month 
pursuant to section 1811 to the Adult Use Marijuana Public Health and Safety Fund 
established under Title 28-B, section 1101. 
COMMITTEE AMENDMENT 
COMMITIEEAMENDMENT"A "to H.P. 1199, L.D. 1719 
PARTE 
Sec. E-1. 3 MRSA §959, sub-§1, 1~ and M, as amended by PL 2013, c. 505, 
§ I , are futther amended to read: 
F. The joint standing committee of the Legislature having jurisdiction over health 
and human services matters shall use the following list as a guideline for scheduling 
reviews: 
( 6) Department of Health and Human Services in 2017; 
(7) Board of the Maine Children's Trust Incorporated in 2019; an-a 
(9) Maine Developmental Disabilities Council in 2019,; and 
(10) The bureau or division within the Department of Administrative and 
Financial Services that administers and enforces the Maine Medical Use of 
Marijuana Act in 2025. 
M. The joint standing committee of the Legislature having jurisdiction over state and 
local government matters shall use the following list as a guideline for scheduling 
reviews: 
(1) Capitol Planning Commission in 2019; 
(1-A) Maine Governmental Facilities Authority in 2021; 
(2) State Civil Service Appeals Board in 2021; 
(3) State Claims Commission in 2021; 
(4) Maine Municipal Bond Bank in 2015; 
(5) Office of Treasurer of State in 2015; 
(6) Depa1tment of Administrative and Financial Services, except for the Bureau 
of Revenue Services and the bureau or division within the department that 
administers and enforces the Maine Medical Use of Marijuana Act, in 2019; and 
(7) 
Department of the Secretary of State, except for the Bureau of Motor 
Vehicles, in 2019. 
Sec. E-2. 22 MRSA §2422, sub-§§1-C and 2-A are enacted to read: 
1-C. Commissioner. "Commissioner" means the Commissioner of Administrative 
and Financial Services. 
2-A. Department. 
11Depa1tment
means the Department of Administrative and 
1 
Financial Services. 
Sec. E-3. 22 MRSA §2422-A is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
§2422-A. Administration and enforcement; rulemaldng 
1. Administration and enforcement. The department shall administer and enforce 
this chapter and the rules adopted pursuant to this chapter, except that the administration 
and enforcement by the department of this chapter and the rules adopted pursuant to this 
chapter may not be assigned to any bureau or division within the department responsible 
for the administration and enforcement of the laws governing the manufacture, sale and 
distribution of liquor. 
2. Rulemaldng. The department, after consultation with the Department of Health 
and Human Services, may adopt rules as necessary to administer and enforce this chapter 
or amend rules previously adopted pursuant to this chapter. Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. E-4. 22 MRSA §2423-B, sub-§2, as amended by PL 2013, c. 516, §8, is 
further amended to read: 
2. Minor qualifying patient. Prior to providing written certification for the medical 
use of marijuana by a minor qualifying patient under this section, a medical provider, 
referred to in this subsection as "the treating medical provider," shall inform the minor 
qualifying patient and the parent or legal guardian of the patient of the risks and benefits 
of the medical use of marijuana and that the patient may benefit from the medical use of 
marijuana. Except with regard to a minor qualifying patient who is eligible for hospice 
care, prior to providing a written certification under this section, the treating medical 
provider shall consult with a qualified physician, referred to in this paragraph as "the 
consulting physician," from a list of physicians who may be willing to act as consulting 
physicians maintained by the department that is compiled by the department after 
consultation with the Department of Health and Human Services and statewide 
associations representing licensed medical professionals. The consultation between the 
treating medical provider and the consulting physician may consist of examination of the 
patient or review of the patient's medical file. The consulting physician shall provide an 
advisory opinion to the treating medical provider and the parent or legal guardian of the 
0 
minor qualifying patient concerning whether the patient is likely to receive therapeutic or 
palliative benefit from the medical use of marijuana to treat or alleviatt;l the patient's 
debilitating medical condition. If the department or the consulting physician does not 
respond to a request by the treating medical provider within 10 days of receipt of the 
request, the treating medical provider may provide written certification for treatment 
without consultation with a physician. 
Sec. E-5. 22 MRSA §2424, sub-§1, as enacted by IB 2009, c. 1, §5, is repealed. 
Sec. E-6. 22 MRSA §2424, sub-§2, as repealed and replaced by PL 2011, c. 407, 
Pt. B, §21, is amended to read: 
2. Adding debilitating medical conditions. The department in accordance with 
section 2422, subsection 2, paragraph D shall adopt rules regarding the consideration of 
petitions from the public to add medical conditions or treatments to the list of debilitating 
medical conditions set forth in section 2422, subsection 2. In considering those petitions, 
the department shall consult with the De12artment of Health and Human Services, Maine 
Center for Disease Control and Prevention and provide an opportunity for public hearing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
of, and an opportunity to comment on those petitions. After the hearing, the 
commissioner shall approve or deny a petition within 180 days of its submission. The 
approval or denial of such a petition constitutes final agency action, subject to judicial 
review. Jurisdiction and venue for judicial review are vested in the Superior Comt. 
Sec. E-7. 22 MRSA §2425, sub-§8, ~, as corrected by RR 2013, c. 2, §33, is 
amended to read: 
L. Notwithstanding any provision of this subsection to the contrary, the department 
shall comply with Title 36, section 175. Information provided by the department 
pursuant to this paragraph may be used by the Department of Administrative and 
Financial Services, Bureau of Revenue Services only for the administration and 
enforcement of taxes imposed under Title 36. 
Sec. E-8. 22 MRSA §2425, sub-§10, as amended by PL 2013, c. 516, §14, is 
further amended to read: 
10. Annual report. The department shall submit to the joint standing committee of 
the Legislature having jurisdiction over health and human services matters an annual 
report by April 1st each year that does not disclose any identifying information about 
cardholders or physicians, but does contain, at a minimum: 
A. The number of applications and renewals filed for registry identification cards; 
B. 
The number of qualifying patients and primary caregivers approved in each 
county; 
D. The number of registry identification cards revoked; 
E. The number of medical providers providing written certifications for qualifying 
patients; 
F. The number of registered dispensaries; and 
G. The number of principal officers, board members and employees of dispensaries. 
Sec. E-9. 22 MRSA §2428, sub-§11, as amended by PL 2011, c. 407, Pt. B, §32, 
is further amended to read: 
11. 
Limitation on number of dispensaries. The department shall adopt rules 
limiting the number and location of registered dispensaries. During the first year of 
operation of dispensaries the department may not issue more than one registration 
certificate for a dispensaty in each of the 8 public health districts of the department 
Department of Health and Human Services, as defined in section 411. After review of 
the first full year of operation of dispensaries and periodically thereafter, the department 
may amend the rules on the number and location of dispensaries; however, the number of 
dispensaries may not be Jess than 8. 
Sec. E-10. 22 MRSA §2430, sub-§1, as enacted by PL 2009, c. 631, §45 and 
7 
affected by § 51, is amended to read: 
8 
1. Fund established. The Medical Use of Marijuana Fund, referred to in this section 
as "the fund," is established as an Other Special Revenue Funds account in the 
Department of Health and Human Services depatiment for the purposes specified in this 
section. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1199, L.D. 1719 
Sec. E-11. 
Transfer of funds; Medical Use of Marijuana Fund. 
Notwithstanding any other provision of law to the contrary, the State Controller, no later 
than 5 days after the effective date of this Act, shall transfer the balance of the Medical 
Use of Marijuana Fund in the Department of Health and Human Services to the Medical 
Use of Marijuana Fund in the Depatiment of Administrative and Financial Services. 
Sec. E-12. Transition. 
The following provisions govern the transfer of the 
administration of the Maine Medical Use of Marijuana Act from the Department of 
Health and Human Services to the Department of Administrative and Financial Services. 
1. The Department of Administrative and Financial Services is the successor in every 
way to the powers, duties and functions of the Department of Health and Human Services 
under the Maine Revised Statutes, Title 22, chapter 558-C. 
The Department of 
Administrative and Financial Services may enter into a memorandum of understanding 
with the Depatiment of Health and Human Services to facilitate the transition of the 
administration of the program adopted pursuant to Title 22, chapter 558-C. 
2. All existing rules, regulations and procedures in effect, in operation or adopted by 
the Depatiment of Health and Human Services or any of its administrative units or 
officers pursuant to Title 22, chapter 558-C are hereby declared in effect and continue in 
effect until rescinded, revised or amended by the proper authority. All rules, regulations 
and procedures previously administered by the Department of Health and Human 
Services pursuant to Title 22, chapter 558-C are administered by the Department of 
Administrative and Financial Services. 
3. All existing contracts, agreements, compacts and registrations in effect under the 
authority of the Depatiment of Health and Human Services under Title 22, chapter 5 5 8-C 
continue in effect until they expire by their own terms or are altered by the patties 
involved. 
4. Notwithstanding any provision of law to the contrary, all accrued expenditures, 
assets, liabilities, balances of appropriations, allocations, transfers, revenues or other 
available funds in an account or subdivision of an account in the Depatiment of Health 
and Human Services relating to the administration of Title 22, chapter 558-C must be 
transferred to proper accounts in the Department of Administrative and Financial 
Services by the State Controller or by financial order upon the request of the State Budget 
Officer and with the approval of the Governor. 
5. 
All employees of the Department of Health and Human Services who were 
assigned to duties related to the administration of Title 22, chapter 558-C immediately 
5 
prior to the effective date of this Act become employees of the Department of 
Administrative and Financial Services on the effective date of this Act and retain all 
7 
employee rights, privileges and benefits, including, but not limited to, accrued sick leave, 
8 
vacation and seniority as provided under the Civil Service Law or collective bargaining 
agreements. The Depatiment of Administrative and Financial Services shall consult with 
the Department of Health and Human Services to ensure orderly implementation of this 
subsection. 
6. All records, propetiy and equipment belonging to or allocated for the use of the 
Department of Health and Human Services for the purposes of Titl.e ,22, chapter 558-C 
become, on the effective date of this Act, pati of the property of the Depatiment of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A,, to H.P. 1199, L.D. 1719 
Administrative and Financial Services and must, where applicable and in a timely 
manner, be transferred to the Depattment of Administrative and Financial Services. 
7. All existing forms, licenses, letterheads and similar items bearing the name of or 
referring to the Depattment of Health and Human Services as used for the purposes of 
Title 22, chapter 558-C may be used by the Department of Administrative and Financial 
Services until existing supplies of those items are exhausted. 
8. On or before January 31, 2019, the Commissioner of Administrative and Financial 
Services, after consultation with the Commissioner of Health and Human Services, shall 
submit to the joint standing committee of the Legislature having jurisdiction over health 
and human services matters a repo1t regarding the transition of the administration of Title 
22, chapter 558-C from the Department of Health and Human Services to the Department 
of Administrative and Financial Services, including any recommendations for legislation 
necessary to complete the transition. 
After reviewing the repott, the joint standing 
committee may rep01t out legislation relating to the matters raised in the report to the 
PART F 
Sec. F-1. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Adult Use Marijuana Public Health and Safety Fund N270 
Initiative: Provides an ongoing allocation to allow 12% of marijuana sales tax revenue 
and 12% of marijuana excise tax revenue to be used to facilitate public health and safety 
awareness and education programs and for enhanced law enforcement training programs 
for local, county and state law enforcement officers. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOT AL 
Adult Use Marijuana Regulatory Coordination Fund N271 
2017-18 
$0 
$0 
Initiative: Provides funding for 6 Consumer Protection Inspector positions. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOT AL 
Adult Use Marijuana Regulatory Coordination Fund N271 
2017-18 
0.000 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
$358,416 
$358,416 
2018-19 
6.000 
$478,806 
$478,806 
COMMITIEE AMENDMENT"~" to H.P. 1199, L.D. 1719 
Initiative: Provides allocations for one Public Service Coordinator I position, one 
Planning and Research Associate II position, one Chemist II position and related All 
Other costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS -LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Adult Use Marijuana Regulatory Coordination Fund N271 
2017-18 
0.000 
$0 
$0 
$0 
2018-19 
3.000 
$278,017 
$100,000 
$378,017 
Initiative: Provides funding for one Public Service Manager II position, one Secretary 
Specialist position, 4 Public Service Coordinator I positions, 4 Marijuana Enforcement 
Officer positions, one Marijuana Tax Auditor position and 3 Office Associate positions. 
GENERAL FUND 
POSITIONS- LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Adult Use Marijuana Regulatory Coordination Fund N271 
2017-18 
0.000 
$0 
$0 
2018-19 
14.000 
$850,000 
$850,000 
Initiative: Provides funding for 2 Planning and Research Associate I positions, 6 
Marijuana Enforcement Officer positions, 2 Marijuana Tax Auditor positions and 2 
Office Associate II positions. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Adult Use Marijuana Regulatory Coordination Fund N271 
Initiative: Provides an allocation for All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Adult Use Marijuana Regulatory Coordination Fund N271 
2017-18 
0.000 
$0 
$0 
2017-18 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
12.000 
$700,000 
$700,000 
2018-19 
$450,000 
$450,000 
COMMITTEE AMENDMENT"A "to H.P. 1199, L.D. 1719 
Initiative: Provides funding for a tracking/traceability system and licensing system 
software. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Medical Use of Marijuana Fund N280 
2017-18 
$0 
$0 
2018-19 
$550,000 
$550,000 
Initiative: Provides an allocation for 1.2 Public Service Coordinator II positions being 
moved from the Medical Use of Marijuana Fund within the Department of Health and 
Human Services to the Medical Use of Marijuana Fund within the Depattment of 
Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOT AL 
Medical Use of Marijuana Fund N280 
2017-18 
$0 
$0 
2018-19 
$140,751 
$140,751 
Initiative: Provides an allocation for 0.5 Office Assistant II positions being moved from 
the Medical Use of Marijuana Fund within the Department of Health and Human 
Services to the Medical Use of Marijuana Fund within the Depattment of Administrative 
and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOT AL 
Medical Use of Marijuana Fund N280 
2017-18 
$0 
$0 
2018-19 
$29,636 
$29,636 
Initiative: Provides allocations for one Office Associate II position, one Social Services 
Manager I position, one Office Specialist I position and 2 Field Investigator positions 
being moved from the Medical Use of Marijuana Fund within the Department of Health 
and Human Services to the Medical Use of Marijuana Fund within the Department of 
Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
2017-18 
0.000 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
5.000 
$375,123 
$540,421 
COMMITTEE AMENDMENT"A "to H.P. 1199, L.D. 1719 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Revenue Services, Bureau of 0002 
$0 
$915,544 
Initiative: Provides funding for 2 Tax Examiner positions and related programming and 
All Other costs to process and audit income tax filings. 
GENERAL FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOT AL 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
2018-19 
2.000 
$151,272 
$443,261 
$594,533 
2018-19 
$3,173,339 
$2,272,364 
$5,445,703 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Marijuana Regulation and Licensing Fund Z262 
Initiative: Removes allocations for one Consumer Protection Inspector position, one pool 
vehicle and position technology costs for the transfer of regulatoty authority from the 
Department of Agriculture, Conservation and Forestry to the Department of 
Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS -LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2017-18 
(1.000) 
($76,032) 
($15,000) 
($91,032) 
COMMITTEE AMENDMENT 
2018-19 
(1.000) 
($79,801) 
($12,500) 
($92,301) 
COMMITTEE AMENDMENT" A "to H.P. 1199, L.D. 1719 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL- ALL FUNDS 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Maine Center for Disease Control and Prevention 0143 
2017-18 
($91,032) 
($91,032) 
2018-19 
($92,301) 
($92,301) 
Initiative: Provides an ongoing allocation to restore to the Department of Health and 
Human Services the 0.5 Office Assistant II positions that are moving with the Medical 
Use of Marijuana Fund as it is transferred from the Depatiment of Health and Human 
Services to the Depatiment of Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Maternal and Child Health Block Grant Match ZOOS 
2017-18 
$0 
$0 
2018-19 
$29,636 
$29,636 
Initiative: Provides an ongoing appropriation to restore to the Department of Health and 
Human Services the 1.2 Public Service Coordinator II positions that are moving with the 
Medical Use of Marijuana Fund as it is transferred from the Depatiment of Health and 
Human Services to the Department of Administrative and Financial Services. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOT AL 
Medical Use of Marijuana Fund Z118 
2017-18 
$0 
$0 
2018-19 
$140,751 
$140,751 
Initiative: Removes the allocation for 0.5 Office Assistant II positions that are moving 
with the Medical Use of Marijuana Fund as it is transferred from the Depatiment of 
Human Services to the Department of Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOT AL 
5 
Medical Use of Marijuana Fund Zl 18 
2017-18 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
($29,636) 
($29,636) 
COMMIITEE AMENDMENT"(\» to H.P. 1199, L.D. 1719 
Initiative: Removes the allocation for 1.2 Public Service Coordinator II positions that are 
moving with the Medical Use of Marijuana Fund as it is transferred from the Department 
of Health and Human Services to the Department of Administrative and Financial 
Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Medical Use of Marijuana Fund Z118 
2017-18 
$0 
$0 
2018-19 
($140,751) 
($140,751) 
Initiative: Deallocates for one Office Associate II position, one Social Services Manager I 
position, one Office Specialist I position and 2 Field Investigator positions being moved 
from the Medical Use of Marijuana Fund within the Department of Health and Human 
Services to the Medical Use of Marijuana Fund within the Department of Administrative 
and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
.Maine Commission on Indigent Legal Services Z112 
2018-19 
(5.000) 
($375,123) 
($540,421) 
($915,544) 
2018-19 
$140,751 
($1,056,295) 
($915,544) 
Initiative: Adjusts funding to reflect an estimated decrease of $75,000 annually to reflect 
fewer cases of assigned counsel related to marijuana offenses. 
GENERAL FUND 
All Other 
2017-18 
$0 
COMMITTEE AMENDMENT 
2018-19 
($75,000) 
COMMITTEE AMENDMENT"~ "to H.P. 1199, L.D. 1719 
GENERAL FUND TOTAL 
$0 
($75,000) 
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON 
DEPARTMENT TOTALS 
2017-18 
2018-19 
GENERAL FUND 
$0 
($75,000) 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
($75,000) 
LEGISLATURE 
Legislature 0081 
Initiative: Appropriates funds for the ongoing costs of Legislators serving on the 
Marijuana Advisory Commission. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
LEGISLATURE 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
2017-18 
2018-19 
$0 
$880 
$0 
$1,370 
$0 
--$2,250 
2017-18 
2018-19 
$0 
$2,250 
$0 
$2,250 
Initiative: Provides funding for one Identification Specialist II position and related costs 
to process criminal histoty background checks for marijuana establishment operators. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2017-18 
0.000 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
1.000 
$42, 135 
$1,566 
$43,701 
COMMITTEE AMENDMENT"~" to H.P. 1199, L.D. 1719 
HIGHWAY FUND 
Personal Services 
All Other 
HIGHWAY FUND TOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
HIGHWAY FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
HIGHWAY FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
2017-18 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
2017-18 
$0 
$0 
($91,032) 
($91,032) 
2018-19 
$22,688 
$1,274 
$23,962 
2018-19 
$43,701 
$23,962 
$67,663 
2018-19 
$3,285,041 
$23,962 
$1,123,768 
$4,432,771 
This amendment, which is the majority rep01t of the committee, replaces the bill. 
Like the bill, the amendment facilitates the development and administration of a regulated 
marketplace in the State for adult use marijuana and the regulation of the personal use of 
marijuana and the home cultivation of marijuana for personal adult use pursuant to the 
Marijuana Legalization Act, as approved by the voters at referendum in November 2016; 
however, the amendment makes the following changes to the bill. 
PART A 
Like Patt A in the bill, Part A in the amendment repeals the Marijuana Legalization 
Act, as codified in the Maine Revised Statutes, Title 7, chapter 417, and recodifies it as 
the Marijuana Legalization Act, referred to in this summary as "the Act," in a new Title 
28-B, Adult Use Marijuana, but makes the following changes. 
1. It designates the Department of Administrative and Financial Services, referred to 
in this summary as "the department," as the sole regulatory agency in the implementation, 
administration and enforcement of the Act, but requires the depaitment to consult with 
the Depaitment of Agriculture, Conservation and Forestry prior to the adoption of rules 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT"~" to H.P. 1199, L.D. 1719 
relating to the regulation of the cultivation, manufacture, testing, labeling and packaging 
of adult use marijuana and adult use marijuana products. 
2. 
It removes from the Act provisions regulating the licensure and operation of 
marijuana social clubs. 
3. Tt removes from the Act specific provisions for the sharing of sales tax and excise 
tax revenue with municipalities. 
4. It changes the definition of the tenn "plant canopy" to include in the calculation of 
plant canopy only those areas in which mature marijuana plants are to be cultivated. The 
amendment reduces the maximum cultivation facility license tier sizes under the bill by 
approximately 1/3 to account for this changed definition but does not change the 
application fees or license fees amount for cultivation facility licenses as provided in the 
bill. 
5. It defines the term "resident" for the purposes of 1 icensure as a natural person who 
is domiciled in Maine, maintains a permanent place of abode in Maine and spends in the 
aggregate more than 183 days of the taxable year in Maine and has filed a resident 
individual income tax return pursuant to Title 3 6, Patt 8 in each of the 3 years prior to the 
year in which the person files an application for licensure under the Act. The provision 
of this definition requiring the filing of resident individual income tax returns for the 3 
years prior to applying for a license is repealed June 1, 2021. It removes the explicit 2-
year residency requirement. 
6. It retains the provisions authorizing the sharing of facilities for the cultivation and 
manufacturing of adult use marijuana and adult use marijuana products and marijuana 
and marijuana products for medical use by a licensee that is also a registered primary 
caregiver or registered dispensary. The amendment, however, prohibits a marijuana store 
licensee that is also a registered primary caregiver or registered dispensary from selling 
adult use marijuana and adult use marijuana products to consumers and marijuana and 
marijuana products for medical use to qualifying patients from the same facility or 
building. 
7. It provides technical clarifications to the municipal-level licensing and approval 
process and also includes provisions applicable to the local authorization of marijuana 
establishments to be located in towns, plantations or townships in the unorganized and 
deorganized areas of the State. 
8. It explicitly prohibits the entry into any marijuana establishment by a person under 
years of age. 
9. 
It changes the membership provisions and duties of the Marijuana Advisory 
Commission as proposed in the bill. 
10. It increases the excise tax rate on marijuana flower and mature marijuana plants 
from $130 per pound to $335 per pound and the excise tax rate on marijuana trim from 
$36.29 per pound to $94 per pound. The excise tax rates imposed on immature marijuana 
plants, seedlings and marijuana seeds remain as proposed in the bill. 
11. It changes the provisions proposed in the bill relating to the personal adult use of 
marijuana and marijuana products and the home cultivation of marijuana for personal 
adult use by reducing the number of mature marijuana plants that may be possessed, 
COMMITTEE AMENDMENT 
COMMITIEEAMENDMENT"A "to H.P. 1199,L.D. 1719 
I 
cultivated or transported by a person 21 years of age or older from 6 plants to 3 plants. 
The amendment authorizes a municipality to adopt an ordinance or other regulation 
limiting the total number of mature marijuana plants that may be cultivated on any one 
parcel or tract of land within the municipality, so long as that ordinance or regulation 
allows for the cultivation of 3 mature marijuana plants, 12 immature marijuana plants and 
an unlimited number of seedlings by each person 21 years of age or older who is 
domiciled on a parcel or tract of land. The amendment includes language providing that 
this reduction in the number of authorized mature marijuana plants from 6 plants to 3 
plants does not take effect until 6 months after the effective date of the legislation. 
12. It clarifies advertising and marketing standards and standards relating to signs 
used by a licensee to ensure a prohibition on advertising, marketing and signs that have a 
high likelihood of reaching persons under 21 years of age or that are specifically designed 
to appeal particularly to persons under 21 years of age. The amendment also requires the 
department, after consultation with the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention, to develop rules on required health and safety 
warning labels. It also authorizes the use of the te11ns "organic, 
"organically cultivated" 
or "organically grown" on the label or packaging of adult use marijuana and adult use 
marijuana products consistent with rules on the use of such terms to be adopted by the 
department. 
13. It clarifies that the authorized sampling of adult use marijuana and adult use 
marijuana products by the employees of a products manufacturing facility for product 
quality control or research and development purposes may not involve the consumption 
of the marijuana or marijuana product by means of smoking the marijuana or marijuana 
products. 
14. It removes language proposed in the bill requiring the depatiment to employ as a 
potiion of its staff sworn law enforcement officers; language regarding the investigation 
by a criminal justice agency of unlawful activity relating to the personal adult use of 
marijuana or marijuana products or the home cultivation of marijuana for personal adult 
use; and language regarding withdrawal of municipal authorization for the operation of a 
marijuana establishment within a municipality. 
15. It clarifies provisions in the Act relating to employment practices in a manner 
that ensures that the rights and protections for qualifying patients afforded by the Maine 
Medical Use of Marijuana Act are not affected by the provisions of the Act. 
16. It directs the depattment to ensure that, when necessary and practicable, the 
regulation of the labeling and packaging of adult use marijuana and adult use marijuana 
6 
products under the Act is consistent with the regulation of the labeling and packaging of 
marijuana and marijuana products for medical use under the Maine Medical Use of 
8 
Marijuana Act. 
9 
17. It provides for a limited period in which a cultivation facility licensee that is also 
a registered primary · caregiver or registered dispensaty may purchase an unlimited 
number of marijuana plants and seeds from an entity that is also a registered primaty 
caregiver or registered dispensaty. Any such transactions are subject to the imposition of 
the excise tax imposed under the Act. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 1199, L.D. 1719 
18. It makes a number of other technical changes to the Act to incorporate these 
changes within Part A of the bill. 
PARTB 
Part B amends the Maine Criminal Code and the law concerning the Department of 
Public Safety, Bureau of State Police, State Bureau ofldentification to include provisions 
that address a statutory conflict between Maine Criminal Code provisions prohibiting the 
possession and cultivation of marijuana and marijuana plants and provisions of the Act 
authorizing such possession and cultivation of marijuana and marijuana plants. These 
amendments to the Maine Criminal Code are consistent with current exemptions in the 
Maine Criminal Code relating to conduct authorized under the Maine Medical Use of 
Marijuana Act. The amendment also provides an exemption from the laws concerning 
criminal asseti forfeiture relating to conduct authorized under the Act. 
PART C 
Pati C of the amendment is identical to Pati C of the bill, which amends the State's 
laws governing municipal powers and duties of plantations. 
PARTD 
Pati D, which addresses the collection of sales tax revenue relating to adult use 
marijuana and adult use marijuana products sold to a consumer, strikes language 
proposed in the bill relating to the collection of sales taxes at marijuana social clubs and 
municipal revenue sharing of sales tax revenue. 
PARTE 
Part E includes provisions to shift the administration and enforcement of the Maine 
Medical Use of Marijuana Act and the medical marijuana program adopted thereunder 
from the Depatiment of Health and Human Services to the depatiment, including the 
following. 
1. It restricts the depatiment from assigning the administration and enforcement of 
the Maine Medical Use of Marijuana Act to any bureau or division within the department 
responsible for the administration and enforcement of the laws governing the 
manufacture, sale and distribution of liquor. 
2. It requires the depatiment to consult with the Department of Health and Human 
Services prior to the adoption or amendment of rules under the Maine Medical Use of 
Marijuana Act. 
3. Tt directs the transfer of the balance of the Medical Use of Marijuana Fund in the 
8 
Depatiment of Health and Human Services to the Medical Use of Marijuana Fund in the 
depatiment. 
4. 
It includes a number of additional provisions to facilitate the transition of the 
administration and enforcement of the Maine Medical Use of Marijuana Act from the 
Depatiment of Health and Human Services to the depatiment. 
It requires the 
Commissioner of Administrative and Financial Services to submit a report on or before 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 1199, L.D. 1719 
Janumy 31, 2019 to the joint standing committee of the Legislature having jurisdiction 
over health and human services matters regarding the status of this transition and 
authorizes the joint standing committee to report out legislation relating to the report. 
5. 
As it is the intent of the committee that oversight of the medical marijuana 
program adopted under the Maine Medical Use of Marijuana Act remain with the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters, Part E of the amendment includes the following provisions. 
A. It amends the State Government Evaluation Act to provide that the review of the 
bureau or division within the department that administers and enforces the Maine 
Medical Use of Marijuana Act remain with the joint standing committee of the 
Legislature having jurisdiction over health and human services matters. 
B. It amends the Maine Medical Use of Marijuana Act to direct that the registry 
identification cards annual report specifically be submitted to the joint standing 
committee of the Legislature having jurisdiction over health and human services 
matters. 
PARTF 
Part F adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/04/18 feac 
LD 1719 
LR 2805(02) 
An Act To Implement a Regulatory Structure for Adult Use Marijuana 
Fiscal Note for Bill as Amended by Committee Amendment ,fi ( f-7 JJ) 
Committee: Marijuana Legalization Implementation 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/ Allocations 
General Fund 
Highway Fund 
Other Special Revenue Funds 
Revenue 
General Flmd 
Other Special Revenue Funds 
Transfers 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
$0 
$0 
$0 
$0 
($91,032) 
$0 
$0 
$0 
FY 2018-19 
$1,843,457 
$23,962 
$3,285,041 
$23,962 
$1,123,768 
$1,441,584 
$1,213,876 
$0 
Projections 
FY 2019-20 
($2,328,517) 
$24,656 
$3,490,483 
$24,656 
$2,802,714 
$5,819,000 
$3,095,890 
$0 
Projections 
FY 2020-21 
($1,964,738) 
$25,369 
$3,591,172 
$25,369 
$3,459,081 
$5,555,910 
$3,743,980 
$0 
The additional workload associated with the minimal number of new cases filed in the court system does nnt require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The bill designates the Department of Administrative and Financial Services (DAFS) as the sole regulatory agency in 
the implementation, administration and enforcement of the Marijuana Legalization Act. The role of the Department of 
Agricultme, Conservation and Forestry (ACF) is limited to consulting activites related to adoption of ce1iain rules. 
The bill establishes the following excise taxes: 
1) Excise tax on marijuana flower and mature marijuana plants - $335 per pmmd 
2) Excise tax on marijuana him - $94 per pound 
3) Excise tax on immature marijuana plants and seedlings - $1.50 per immature plant or seedling 
4) Excise tax on marijuana seeds - $0.30 per marijuana seed 
LR2805(02) - Fiscal Note - Page 1 of 3 
Excise taxes, 12 % of excise taxes, and 12 % of existing sales tax - The~~i{~ ~?! ~se excise texes is to be 
credited to the General Fund, except that 12% of this revenue will be credited to the Adult Use Marijuana Public 
Health and Safety Fund (PHSF) within DAFS to be used for public health and safety awareness and education 
programs and for enhanced law enforcement training. The bill also requires that 12% of the existing sales tax on 
marijuana and marijuana products also go to the PHSF. The net impact on General Fund revenue will be an increase 
of $1,441,584 in fiscal year 2018-19, rising to more than $5,000,000 in subsequent years. The PHSF will receive 
$358,416 in fiscal year 2018-19, rising to more than $1,800,000 in subsequent years. 
License fee revenue - The bill creates manufacturing, retail store, testing and tiered cultivation licenses and sets the 
fee structure that DAFS may charge for each license. License fees are estimated to generate Other Special Revenue 
Funds revenue of $855,460 in fiscal year 2018-19 and more than $1,200,000 in subsequent years. 
Balance transfer - The bill creates the Adult Use Marijuana Regulato1y Coordination Fund and transfers the balance 
of the Retail Marijuana Regulatory Coordination Fund, currently $1,224,246, into it. 
Medical Marijuana revenue - This bill may lead to a reduction in the number of Maine Medical Marijuana Program 
registrations, as some registrants may decide to participate only in the non-medical marijuana industry. If this occurs it 
would reduce revenue from registration fees that is now credited to the Maine Medical Use of Marijuana Fund to 
support that program. Any such reduction is expected to be minor. 
Department of Administrative and Financial Services - The bill includes General Fund appropriations to DAFS of 
$3,173,339 in fiscal year 2018-19. Ofthis amount, $2,028,806 is for 32 ongoing pennanent positions, $550,000 is a 
one-time appropriation to design and/or acquire tracking system and licensing system software and $594,533 is for 
Maine Revenue Services within DAFS for 2 Tax Examiner positions, related programming and All Other costs to 
process and audit income tax filings. Two additional Senior Revenue Agent positions will be required beginning in 
fiscal year 2019-20. Other Special Revenue Funds allocations to DAFS include $358,416 in fiscal year 2018-19 for 
the PHSF, $828,017 including 3 positions for the Adult Use Marijuana Regulatory Coordination Fund and $1,085,931 
for the Medical Use of Marijuana Fund that includes 6.25 positions transferred from DHHS. 
Department of Health and Human Services -The bill transitions the administration and enforcement of the Maine 
Medical Use of Marijuana Act from the Department of Health and Human Services (DHHS) to DAFS. The bill 
includes net deallocations to DHHS of $1,056,295 beginning in fiscal 2018-19 for the transfer from the Medical Use 
of Marijuana Fund within the Department of Health and Human Services to the Medical Use of Marijuana Fund 
within the Department of Administrative and Financial Services. $140, 751 is appropriated to the Maternal and Child 
Health Block Grant Match program in DHHS to restore 1.2 Public Service Coordinator II positions and $29,636 is 
allocated to the Maine Center for Disease Control and Prevention to restore 0.5 Office Assistant II positions that are 
. moving with the Medical Use of Marijuana Fund as it moves to DAFS. 
Department of Agriculture, Conservation and Forestry -Allocations of $91,032 in fiscal year 2017-18 and 
$92,301 in fiscal year 2018-19 for the Marijuana Regulation and Licensing Fund within ACF are removed. 
Department of Public Safety - The bill includes a General Fund appropriation of $43,701 and a Highway Fund 
allocation of $23 ,962 in fiscal year 2018-19 to the Department of Public Safety for one Identification Specialist II 
position and related costs to process criminal history background checks for marijuana establishment operators. Other 
Special Revenue Funds revenue to the Department of Public Safety will be increased by the amount charged for each 
background check. The amount of this increased revenue has not been estimated at this time. 
Maine Commission on Indigent Legal Services - The bill includes an ongoing General Fund deappropriation of 
$7 5, 000 in 2018-19 to the Maine Commission on Indigent Legal Services to reflect fewer cases of assigned counsel 
related to marijuana offenses. 
LR2805(02) - Fiscal Note - Page 2 of 3 
CA(IJ-7J)) 
Legislature - This bill provides an o:1going appropriation of $2,250 in 2018-19 to the Legislature for the costs of 
legislators serving on the Marijuana Advismy Conunission. 
Labor - Additional costs to the Department of Labor to serve on the Marijuana Advismy Commission can be 
absorbed within existing budgeted resources. 
D HHS - If marijuana use increases because oflegalization, the number of child welfare cases repo1ted to the 
Depa1tment of Health and Human Services could rise. Any increase in the number of investigations is not expected to 
increase costs to the department significantly. 
LR2805(02) - Fiscal Note - Page 3 of 3