An Act To Amend the Marijuana Legalization Act
Maine Legislature, Session 128, LD 1650
House Amendment HA_A_H571 (House)
Amends: 7 MRSA §2445, 7 MRSA §2446, 7 MRSA §2447, 7 MRSA §2448, 7 MRSA §2449, 7 MRSA §2450, 7 MRSA §2451, 7 MRSA §2452, 7 MRSA §2453, 7 MRSA §2454, 36 MRSA §1817

HOUSE AMENDMENT "A "to H.P. 1139, L.D. 1650, Bill, "An Act To Amend 
the Marijuana Legalization Act" 
Amend the bill by striking out evetything after the title and before the summru.y and 
insetting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjoumment unless enacted as emergencies; and 
Whereas, implementing a system for the regulation and administration of the 
cultivation, distribution and retail sale ofrecreational marijuana, a controlled substance, is 
a complex function with significant financial costs; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §2445, first 1, as amended by PL 2017, c. 309, §6, is further 
amended to ·rea& a 
Beginning February 1, 2018 July 1, 2018, the state licensing authority shall establish 
an independent testing and certification program for retail marijuana and retail marijuana 
products. Except as otherwise provided in this section, the program must require a retail 
marijuana licensee, prior to selling or furnishing retail marijuana or a retail marijuana 
product to a consumer or to another licensee, to submit the marijuana or marijuana 
product to a rntail marijuana testing facility for testing pursuant to this section to ensure 
that the marijuana or marijuana product does not exceed the maximum level of allowable 
contamination for any contaminant that is injurious to health and for which testing is 
required and to ensure conect labeling. The Commissioner of Agriculture, Conservation 
and Forestry shall adopt rules identifying the types of contaminants that are injurious to 
health for which marijuana and mru.·ijuana products must be tested under this section and 
the maximum level of allowable contamination for each contaminant. 
HOUSE AMENDMENT 
i;~·~, 
HOUSE AMENDMENT "A" to H.P. 1139, L.D. 1650 
Sec. 2. 7 MRSA §2446, sub-§5, as enacted by PL 2017, c. 1, §8, is amended to 
read: 
5. Effective date. This section takes effect Febrnary 1, 2018 July 1, 2018. 
Sec. 3. 7 MRSA §2447, first 1, as amended by PL 2017, c. 1, §9, is further 
amended to read: 
Beginning Febmary 1, 2018 July 1, 2018, an application for a license under the 
provisions of this chapter must be made to the state licensing authority on forms prepared 
and furnished by the state licensing authority and must set forth such information as the 
state licensing authority may require to enable the state licensing authority to determine 
whether a license should be granted. The inf01mation must include the name and address 
of the applicant and the names and addresses of the applicant's officers, directors or 
managers. Each application must be verified by the oath or affitmation of such person or 
persons as the state licensing authority may prescribe. The state licensing authority may 
issue a license to an applicant pursuant to this section upon completion of the applicable 
crin1inal histo1y record check associated with the application. The license is conditioned 
upon municipal approval. An applicant is prohibited from operating a retail marijuana 
establishment or retail marijuana social club without state licensing authority and 
municipal approval. If the applicant does not receive municipal approval within one year 
from the date of state licensing authority approval, the license expires and may not be 
renewed. If an application is not approved by the municipality, the state licensing 
authority shall revoke the license. 
Sec. 4. 7 MRSA §2448, sub-§19, as enacted by PL 2017, c. 1, §10, is amended to 
read: 
19. Effective date. This section takes effectFebruat.y 1, 2018 July 1, 2018. 
Sec. 5. 7 MRSA §2449, sub"§6, as enacted by PL 2017, c. 1, §11, is amended to 
read: 
6. Effective date. This section takes effect Februmy 1, 2018 July 1. 2018. 
Sec. 6. 7 MRSA §2450, first 1, as amended by PL 2017, c. 1, §12, is further 
amended to read: 
Beginning Februaty 1, 2018 July 1, 2018, a license granted under the provisions of 
this chapter is not transferable except as provided in this section, but this section does not 
prevent a change of location as provided in section 2451, subsection 7. 
Sec. 7. 7 MRSA §2451, first 1, as amended by PL 2017, c. 1, §13, is further 
amended to read: 
Beginning February 1, 2018 July 1. 2018, the following provisions govem licensing 
in general. 
Sec. 8. 7 MRSA §2452, sub-§1, 111> and E, as amended by PL 2017, c. 1, §14, 
are further amended to read: 
D. Beginning February 1, 2018 July 1, 2018, purchase up to 2 1/2 ounces of retail 
marijuana and marijuana accessories from a retail marijuana store; and 
HOUSE AMENDMENT 
HOUSE AMENDMENT" 4 "to H.P. 1139, L.D, 1650 
E. 
Beginning Febrnary 1, 2018 July 1, 2018, purchase up to 12 seedlings or 
immature plants from a t'etail marijuana cultivation facility. 
Sec. 9. 7 MRSA §2452, sub-§7, as enacted by PL 2017, c. 1, §16, is amended to 
read: 
7. Possession of certain edibles. Notwithstanding subsection 1, until February 1, 
20-1--& July 1, 2018, a person may not possess edible retail marijuana products. This 
subsection does not apply to marijuana products purchased for medical use pursuant to 
Title 22, chapter 558-C. 
Sec. 10. 7 MRSA §2453, sub-§4, as enacted by PL 2017, c. 1, §17, is amended to 
read: 
4. Effective date. This section takes effect Febrnary 1, 2018 July 1. 2018. 
Sec. 11. 7 MRSA §2454, sub-§5, as enacted by PL 2017, c. 1, §18, is amended to 
read: 
5. Effective date. This section takes effect February 1, 2018 July L 2018. 
Sec. 12. 36 MRSA §1817, sub-§8, as enacted by PL 2017, c. 1, §21, is amended 
to read: 
8. Effective date. This section takes effect February 1, 2018 July 1, 2018. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SPONSORED BY: -~/'-'/'---b....._,,.__ ______ _ 
(Representative F 
TOWN: Newport 
FISCAL NOTE RF.QPfRED 
(See attached} 
HOUSE AMENDMENT 
Approved: 10/23/17 .feac 
LD 1650 
LR 2395(04) 
An Act To Amend the Marijuana Legalization Act 
Fiscal Note for House Amendment ''A" to Original Bill 
Sponsor: Rep. Fredette of Newport 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/ Allocations 
General Fund 
Highway Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Other Special Revenue Fm1ds 
Transfers 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2017-18 
($767,383) 
$0 
($767,383) 
$0 
($200,000) 
$0 
($200,000) 
$0 
FY 2018-19 
($2,983,680) 
($23,962) 
($3,142,940) 
($23,962) 
($1,672,559) 
($159,260) 
($1,629,315) 
$0 
Projections 
FY2019-20 
($2,490,284) 
($24,656) 
($3,469,439) 
($24,656) 
($3,314, 102) 
($979,155) 
($3,222,420) 
$0 
Pl'ojections 
FY 2020-21 
($1,321,324) 
($25,369) 
($3,572,614, 
($25,369) 
($4,630,309) 
($2,251,290) 
($4,524,785) 
$0 
This amendment further delays, until July 1, 2018, the effective date of those provisions of the Marijuana Legalization 
Act that were delayed until February 1, 2018 by Public Law 2017, chapter 1. After this amendment, and assuming 
sales will then not begin until January 1, 2019, the bill will reduce General Fund revenue from the tax on marijuana 
sales by $2,254,000 in fiscal year 2017-18 and by $8,526,000 in fiscal year 2018-19. Local Govemment Fund revenue 
will be reduced by $46,000 in fiscal year 2017-18 and by $174,000 in fiscal year 2018-19. 
As this amendment stdkes all of the bill in addition to imposing a delay, all appropriations and allocations and the 
transfer are removed from the bill and are shown above as being reversed. To date no additional funding for 
expenditures related to the implementation of the Marijuana Legalization Act (MLA) has been provided. This 
amendment will delay the need for that funding and additional legislation will still be required to fund the 
establishment of a regulated marketplace in the State for the adult use of marijuana under the Marijuana Legalization 
Act. 
LR2395(04) - Fiscal Note - Page 1 of I