An Act To Protect Landlords and Tenants from the Deleterious Effects of Marijuana Use
Maine Legislature, Session 128, LD 0799
Committee: Marijuana Legalization Implementation
Sponsors: HANDY, BICKFORD, FULLER, SHEATS, TUELL
Amends: 14 MRSA §6030-G

Legislative Document
No. 799
H.P. 579
House of Representatives, March 2, 2017
An Act To Protect Landlords and Tenants from the Deleterious 
Effects of Marijuana Use
(EMERGENCY)
Reference to the Joint Select Committee on Marijuana Legalization Implementation 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HANDY of Lewiston.
Cosponsored by Representatives: BICKFORD of Auburn, FULLER of Lewiston, SHEATS of 
Auburn, TUELL of East Machias.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Marijuana Legalization Act was approved at referendum in November 
2016 and took effect January 30, 2017; and 
Whereas, the Act, as amended by Public Law 2017, chapter 1, allows a person to 
cultivate marijuana for personal use and use marijuana or marijuana concentrate at that 
person's residence or another private residence, regardless of who owns the residence; 
and 
Whereas, this provision impinges on the ability of a landlord to reduce the risk to 
tenants and property by prohibiting smoking on the property owned by that landlord; and 
Whereas, this inability to protect the safety of tenants and property must be rectified 
as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6030-G is enacted to read: 
§6030-G.  Marijuana possession policy 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Landlord" means the owner of a property or other person acting on behalf of the 
owner of a property. 
B.  "Marijuana" means the leaves, stems, flowers and seeds of all species of the plant 
genus cannabis, whether growing or not, and includes marijuana concentrate, as 
defined in Title 7, section 2422, subsection 22-A. 
C.  "Policy" means the policy developed and enforced by a landlord pursuant to 
subsection 2 regarding the cultivation, possession or use of marijuana on the premises 
leased by the landlord. 
2.  Marijuana cultivation, possession and use policy.  Notwithstanding Title 7, 
section 2452 or any other law to the contrary, a landlord may develop and enforce a 
policy to restrict or prohibit the cultivation, possession or use of marijuana on the 
premises leased by that landlord for residential purposes.  The policy must state whether 
cultivation, possession or use of marijuana is prohibited on the premises, allowed on the 
entire premises or allowed in limited areas of the premises.  If the landlord allows 
cultivation, possession or use of marijuana in limited areas on the premises, the policy 
must identify the areas on the premises where cultivation, possession or use of marijuana 
is allowed. 
3.  Notification of policy to potential tenants and tenants; acknowledgment.  A 
landlord who enters into a lease or tenancy at will agreement for residential premises 
shall provide written notice to a tenant or potential tenant regarding the allowance or 
prohibition of the cultivation, possession or use of marijuana on the residential premises 
that are used by a tenant or will be used by a potential tenant as a primary residence.  A 
landlord who enters into a lease or tenancy at will agreement shall provide to the tenant or 
potential tenant a policy disclosure that notifies tenants or potential tenants of the policy 
in accordance with this subsection.  A landlord may notify a tenant or potential tenant of 
the policy by: 
A.  Disclosing the policy in a written lease agreement; or 
B.  Providing a separate written notice to a tenant or potential tenant entering into a 
tenancy at will agreement. 
Before a tenant or potential tenant enters into a contract or pays a deposit to rent or lease 
a property, the landlord shall obtain a written acknowledgment of the notification of the 
policy from the tenant or potential tenant. 
4.  Private cause of action restricted.  This subsection restricts private causes of 
action based on violations of this section or policies provided to tenants or potential 
tenants pursuant to this section. 
A.  A tenant or potential tenant may not maintain a private cause of action against a 
landlord on the sole basis that the landlord failed to provide the policy disclosure 
required by this section. 
B.  A tenant or potential tenant may not use a violation of the policy by another 
tenant as the basis for a private cause of action against a landlord. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows a landlord to restrict or prohibit the cultivation, possession or use of 
marijuana on residential premises rented by that landlord.  This bill, similar to the law 
allowing a landlord to restrict smoking of tobacco on leased premises, requires the 
landlord to develop a policy regarding the allowance or prohibition of the cultivation, 
possession or use of marijuana, detailing those areas where it is allowed or prohibited, 
and provide notice of the policy to tenants and prospective tenants.  This bill does not 
give a person who is aggrieved by the failure of the landlord to provide the policy or 
another tenant to abide by the policy a cause of action against the landlord.