An Act To Amend the Marijuana Legalization Act Regarding Retail Marijuana Testing Facilities
Maine Legislature, Session 128, LD 1641
Senate Amendment SA_A_S326 (Senate)

SENATE AMENDMENT" A" to H.P. 1132, L.D. 1641, Bill, "An Act To Amend 
the Marijuana Legalization Act Regarding Retail Marijuana Testing Facilities" 
Amend the bill in section 6 in the first line (page 2, line 11 in L.D.) by striking out 
the following: "c. 1, §7" and inserting the following: 'c. 278, §5' 
Amend the bill in section 6 in §2445 by striking out all of the first indented paragraph 
(page 2, lines 14 to 28 in L.D.) and inserting the following: 
'Beginning February 1, 2018, the state licensing authority shall establish, within a 
speoifio time frame, a an independent testing and· certification program for retail 
marijuana and retail marijuana products independent testing and oertifioation program. 
+hi-tr Except as otherwise provided in this section, the program must require lioensees to 
test retail marijuana and retail marijuana produots to ensure at a minimum that produots 
sold for human oonsumption do a retail marijuana licensee, prior to selling or furnishing 
retail marijuana or a retail marijuana product to a consumer or to another licensee, to 
submit the marijuana or marijuana product to a retail marijuana testing facility for testing 
pursuant to this section to ensure that the marijuana or marijuana product does not oontain 
eontaminants exceed the maximum level of allowable contamination for any contaminant 
that are lli injurious to health and for which testing is required and to ensure correct 
labeling. The Commissioner of Agriculture, Conservation and Forestry shall adopt rules 
regarding retail marijuana testing facilities as authorized by seetions 1 C and 24 4 4, 
subseetion 2. 
Rules adopted pursuant to this seotion are major substanfr,e rules as 
defined in Title 5, ehapter 375, subohapter 2 A identifying the types of contaminants that 
are injurious to health for which mariiuana and marijuana products must be tested under 
this section and the maximum level of allowable contamination for each contaminant.' 
Amend the bill in section 7 in the first line (page 4, line 11 in L.D.) by striking out 
the following: "enacted by IB 2015, c. 5, §1, is amended" and inserting the following: 
'amended by PL 2017, c. 278, § 8, is further amended' 
Amend the bill in section 7 in subsection 6 by striking out all of the first blocked 
paragraph (page 4, lines 20 to 23 in L.D.) and inserting the following: 
'The Department of Agrioulture, Conservation and Forestry shall adopt rules purs:eant to 
its alithority in seotion 24 4 5 related to aooepta-ble testing and researoh praotiees, inoluding 
but not limited to testing, standards, quality oontrol analysis, equipment eertifioation and 
SENATE AMENDMENT 
SENATEAMENDMENT"A "toH.P.1132,L.D.1641 
oalibration, ohemioal identifioation and other praotioes used in bona fide researoh 
methods. Rules adopted pursuant to this subseotion are major substantive rules as defined 
in Title 5, ohapter3 75, subohapter 2 A' 
Amend the bill in section 8 in the first line (page 6, line 32 in L.D.) by striking out 
the following: "enacted by IB 2015, c. 5, § 1" and inserting the following: 'amended by PL 
2017,c.278, §~ 
Amend the bill in section 9 in subsection 8-A in paragraph A in the 3rd line (page 6, 
line 39 in L.D.) by inserting after the following: "authority" the following: 'or the 
Department of Agriculture, Conservation and Forestry' 
Amend the bill in section 9 in subsection 8-A in paragraph B in the first line (page 7, 
line 1 in L.D.) by inserting after the following: "authority" the following: 'or the 
Department of Agriculture, Conservation and Forestry' 
Amend the bill in section 9 in subsection 8-A in paragraph B in the 2nd line (page 7, 
line 2 in L.D.) by inserting after the following: "chapter and" the following: 'the state 
licensing authority' 
Amend the bill in section 9 in subsection 8-A in paragraph C in the 3rd line (page 7, 
line 9 in L.D.) by inserting after the following: "authority," the following: 'the 
Department of Agriculture, Conservation and Forestry,' 
Amend the bill in section 9 in subsection 8-A in paragraph C in the 2nd from the last 
line (page 7, line 12 in L.D.) by insetting after the following: "authority," the following: 
'the Department of Agriculture, Conservation and Forestry,' 
Amend the bill by striking out all of section 10 and insetting the following: 
'Sec. 10. Transfer; Marijuana Regulation and Licensing Fund program. 
Notwithstanding any other provision of law to the contrary, the State Controller, within 5 
days of the effective date of this Act, shall transfer $91,032 from the Retail Marijuana 
Regulatory Coordination Fund in the Department of Administrative and Financial 
Services to the Marijuana Regulation and Licensing Fund program in the Department of 
Agriculture, Conservation and Forestry. 
Sec. 11. Transfer; Maine Center for Disease Control and Prevention 
program. 
Notwithstanding any other provision of law to the contrary, the State 
Controller, within 5 days of the effective date of this Act, shall transfer $84, 722 from the 
Retail Marijuana Regulatory Coordination Fund in the Department of Administrative and 
Financial Services to the Maine Center for Disease Control and Prevention program in 
the Department of Health and Human Services. 
Sec. 12. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Marijuana Regulation and Licensing Fund N219 
Initiative: Provides allocations for one Consumer Protection Inspector position, one pool 
vehicle and position technology costs. 
SENATE AMENDMENT 
SENATE AMENDMENT" A 
"to H.P. 1132, L.D. 1641 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2017-18 
2018-19 
1.000 
1.000 
$76,032 
$79,801 
$15,000 
$12,500 
$91,032 
$92,301 
2017-18 
2018-19 
$91,032 
$92,301 
$91,032 
$92,301 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Maine Center for Disease Control and Prevention 0143 
Initiative: Provides allocations for one Environmental Specialist III position to certify 
licensed retail marijuana testing facilities. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHERSPECIALREVENUEFUNDSTOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2017-18 
1.000 
$74,552 
$10,170 
$84,722 
2017-18 
$84,722 
$84,722 
2017-18 
$175,754 
$175,754 
SENATE AMENDMENT 
2018-19 
1.000 
$77,185 
$10,170 
$87,355 
2018-19 
$87,355 
$87,355 
2018-19 
$179,656 
$179,656 
SENATEAMENDMENT"A" to H.P. 1132, L.D. 1641 
SUMMARY 
This amendment makes changes to the bill to reflect the designation of the 
Depattment of Administrative and Financial Services as the state licensing authority 
pursuant to Public Law 2017, chapter 278. 
This amendment also removes the General Fund appropriations from the bill, 
replaces them with Other Special Revenue Funds allocations and requires the State 
Controller to transfer from the Retail Marijuana Regulatoty Coordination Fund within the 
Depattment of Administrative and Financial Services $91,032 to the Marijuana 
Regulation and Licensing Fund program within the Department of Agriculture, 
Conservation and Forestry and $84, 722 to the Maine Center for Disease Control and 
Prevention program within the Depattment of Health and Human Services. 
FISCAL NOTE REQUIRED 
(See attache<@ 
SPONSOREDBY:--1--\-Ll!"-"-~-l--JIJ.-U..'c..!..__-=-~~~~~ 
(Senator HAMPE 
COUNTY: 0 
SENATE AMENDMENT 
Approved: 07/12/17 feac 
LD 1641 
LR2391(03) 
An Act To Amend the Marijuana Legalization Act Regarding Retail Marijuana Testing Facilities 
Fiscal Note for Senate Amendment '!~ to Original Bill 
Sponsor: Sen. Hamper of Oxford 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Transfers 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
($175,754) 
($175,754) 
$175,754 
$0 
FY 2018-19 
$0 
$0 
$0 
$0 
Projections 
FY 2019-20 
$0 
$0 
$0 
$0 
Projections 
FY 2020-21 
$0 
$0 
$0 
$0 
This amendment eliminates the General Fund cost of the bill by removing the fiscal year 2017-18 General Fund 
appropriations of$91,032 to the Department of Agriculture, Conservation and Forestry (ACF) and $84,722 to the 
Department of Health and Human Services (DHHS). Instead, the amendment transfers the same amounts in fiscal year 
2017-18 only from the Retail Marijuana Regulatory Coordination Fund within the Department of Administrative and 
Financial Services to the Marijuana Regulation and Licensing Fund within ACF and to the Maine Center for Disease 
Control and Prevention program in DHHS. 
LR2391(03) - Fiscal Note - Page I of I