An Act To Delay the Implementation of Certain Portions of the Marijuana Legalization Act
Maine Legislature, Session 128, LD 0088
Committee Amendment CA_A_H1 (House)
Amends: 7 MRSA §2442, 7 MRSA §2443, 7 MRSA §2444, 7 MRSA §2452, 15 MRSA §3103, 22 MRSA §2383

COMMITTEE AMENDMENT" A" to H.P. 66, L.D. 88, Bill, "An Act To Delay 
the Implementation of Certain Portions of the Marijuana Legalization Act" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 7 MRSA §2442, sub-§5, as enacted by lB 2015, c. 5, §1, is repealed. 
Sec. 2. 7 MRSA §2442, sub-§22, as enacted by lB 2015, c. 5, §1, is amended to 
read: 
22. Marijuana. "Marijuana" means cannabis the leaves. stems. flowers and seeds of 
all species of the plant genus cannabis. whether growing or not. 
Sec. 3. 7 MRSA §2442, sub-§22-A is enacted to read: 
22-A. Mariiuana concentrate. "Marijuana concentrate" means the resin extracted 
from any part of the plant genus cannabis and every compound. manufacture. salt. 
derivative. mixture or preparation from such resin. including hashish. In determining the 
weight of marijuana concentrate. the weight of any other ingredient combined with 
marijuana to prepare a mariiuana product may not be included. 
Sec. 4. 7 MRSA §2442, sub-§34, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
· 
34. Retail marijuana. "Retail marijuana" means cannabis marijuana or marijuana 
concentrate that is cultivated, manufactured, distributed or sold by a licensed retail 
marijuana establishment or retail marijuana social club. 
Sec. 5. 7 MRSA §2443, as enacted by IB 2015, c. 5, §1, is repealed. 
Sec. 6. 7 MRSA §2444, sub-§2, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
1 
2. Adoption of rules. The state licensing authority shall adopt rules for the proper 
regulation and control of the cultivation, manufacture, distribution, sale and testing of 
retail marijuana and retail marijuana products and for the enforcement of this chapter, not 
later than 9 months after the effective date of this Act, and shall adopt amended rules and 
Page I - 128LR1572(02)-1 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT ·A " 
to H.P. 66, L.D. 88 
such special rules and make findings as necessary. For the purpose of adopting rules 
pursuant to this subsection, the commissioner may delegate rule-making authority granted 
under this section to the Commissioner of Administrative and Financial Services or the 
Commissioner of Public Safety, or both, if the commissioner determines that the expertise 
and resources of those other departments would be beneficial in the development of the 
rules and the enforcement of those rules. These rules are major substantive rules pursuant 
to Title 5, chapter 375, subchapter 2-A. Rules must address but are not limited to the 
following issues: 
A. The hearing of contested state license denials at a public hearing, employing full 
due process, including the subpoena power, the taking of oaths, the calling of 
witnesses and the maintaining of the confidentiality of customer records. Provision 
must be made for the conduct of appeal hearings following license actions, including, 
but not limited to, the denial of a license renewal or of an initial license and license 
revocation and suspension, and hearings contesting the imposition of a fine; 
B. The development of such forms, licenses, identification cards and applications as 
necessary for the administration of this chapter or of any of the rules adopted under 
this chapter; 
C. The preparation and transmission annually, in the form and manner prescribed by 
this chapter, of a report to the Legislature accounting for the efficient discharge of all 
responsibilities assigned by law or rules to the state licensing authority; 
D. Procedures consistent with this chapter for the issuance, renewal, suspension and 
revocation of licenses to operate retail marijuana establishments; 
E. Limits on the concentration of THC and other cannabinoids per serving in any 
retail marijuana product; 
F. Qualifications for licensure including, but not limited to, the requirement for a 
fingerprint-based criminal history record check for all owners, officers, managers, 
employees and other support staff of entities licensed pursuant to this chapter; 
G. Security requirements for any licensed premises under this chapter including, at a 
minimum, lighting, physical security, alarm requirements and other minimum 
procedures for internal control as determined necessary by the state licensing 
authority to properly administer and enforce the provisions of this chapter, including 
reporting requirements for changes, alterations or modifications to the licensed 
premises. Security requirements may not be unreasonably impracticable; and 
H. Securing and recording permission for a local fire department or the State Fire 
5 
Marshal to conduct an annual fire inspection of a retail marijuana cultivation facility.' 
Amend the bill by striking out all of sections 9 to 11 and inserting the following: 
'Sec. 9. 7 MRSA §2452, sub-§1, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
1. Person 21 years of age or older. A person 21 years of age or older may: 
A. Use, possess or transport marijuana accessories and use, possess or transport up to 
1/2 ounces of prepared marijuana or a combination of marijuana and marijuana 
concentrate, which may include no more than 5 grams of marijuana concentrate; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 66, L.D. 88 
B. Transfer or furnish, without remuneration, up to 2 1/2 ounces of marijuana or a 
combination of marijuana and marijuana concentrate, which may include no more 
than 5 grams of marijuana concentrate, and up to 6 immature plants or seedlings to a 
person who is 21 years of age or older; 
C. Possess, grow, cultivate, process or transport up to 6 flowering marijuana plants, 
immature plants and unlimited seedlings, and possess all the marijuana produced 
by the plants at the adult's residence; 
D. PH-Fehase Beginning February 1, 2018, purchase up to 2 1/2 ounces of retail 
marijuana and marijuana accessories from a retail marijuana store; and 
IO 
E. P1:1rehase Beginning February 1, 2018. purchase up to 12 seedlings or immature 
plants from a retail marijuana cultivation facility. 
Sec. 10. 7 MRSA §2452, sub-§5, as enacted by IB 2015, c. 5, §1, is repealed. 
Sec. 11. 7 MRSA §2452, sub-§§6 and 7 are enacted to read: 
6. 
Personal use; violation. 
The following provisions apply to the personal 
consumption of marijuana and marijuana concentrate. 
A. 
A person 21 years of age or older may consume marijuana or marijuana 
concentrate only if that person is: 
( 1) In a private residence. including curtilage: or 
(2) On private property, not generally accessible by the public. and the person is 
explicitly permitted to consume marijuana or marijuana concentrate on the 
property by the owner of the property. 
B. The operator of a vehicle on a public way or a passenger in the vehicle may not 
consume marijuana or marijuana concentrate. As used in this paragraph. "vehicle" 
has the same meaning as in Title 29-A, section 101, subsection 91. 
C. A person may not consume marijuana or marijuana concentrate 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. 
D. A person may not consume marijuana or marijuana concentrate in a designated 
smoking area as provided under the Workplace Smoking Act of 1985. 
A person who violates this subsection commits a civil violation for which a fine of not 
more than $100 may be adjudged. This subsection may not be construed to shield any 
person from federal prosecution. This subsection may not be construed to allow any 
person to possess or consume marijuana on federal property. 
7. Possession of certain edibles. Notwithstanding subsection 1, until February 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.' 
Amend the bill by striking out all of sections 14 and 15 and inserting the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 66, L.D. 88 
'Sec. 14. 15 MRSA §3103, sub-§1, ~' as amended by PL 2011, c. 464, §3, is 
further amended to read: 
B. Offenses involving illegal drugs or drug paraphernalia as follows: 
(1) The possession of a useable amount of marijuana, as provided in Title 22, 
section 2383, subsection 1-A, unless the juvenile is authorized to possess 
marijuana for medical use pursuant to Title 22, chapter 558-C; 
(2) The use or possession of drug paraphernalia as provided in Title 17-A, 
section 1111-A, subsection 4-B; and 
(3) Illegal transportation of drugs by a minor as provided in Title 22, section 
2389, subsection 2; 
Sec. 15. 22 MRSA §2383, sub-§1-A is enacted to read: 
1-A. Marijuana possession by a person under 21 years of age. Except for 
possession of marijuana for medical use pursuant to chapter 558-C, a person who is under 
years of age may not possess marijuana. A person who is 18, 19 or 20 years of age 
who possesses a usable amount of marijuana commits a civil violation for which a fine of 
not less than $350 and not more than $600 must be adjudged for possession of up to 1 1/4 
ounces of marijuana and a fine of not less than $700 and not more than $1,000 must be 
adjudged for possession of over 1 1/4 ounces to 2 1/2 ounces of marijuana, none of which 
may be suspended. For the purposes of this section, marijuana has the same meaning as 
in Title 17-A, section 1101, subsection 1.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes the definition of "cannabis" from the Marijuana Legalization 
Act. 
It amends the definition of "marijuana" and adds a definition of "marijuana 
concentrate." The amendment adds a provision to the Marijuana Legalization Act that 
prohibits a person from possessing more than 5 grams of marijuana concentrate as part of 
the 2 1/2 ounces of marijuana that a person may already legally possess under the Act. 
This amendment strikes a provision in the bill that, prior to February 1, 2018, limited 
personal marijuana consumption to a private residence. The amendment provides that 
personal marijuana consumption by a person 21 years of age or older may occur only in a 
private residence or on private property with permission of the owner. It further provides 
that consumption may not occur in a motor vehicle or in a private residence that is used 
as a day care or baby-sitting service during the hours of operation. 
For the purpose of adopting major substantive rules relating to the retail framework 
under the Marijuana Legalization Act, which are required to be submitted within 9 
7 
months of the effective date of the Act, the amendment allows the Commissioner of 
Agriculture, Conservation and Forestry to delegate rule-making authority to the 
Commissioner of Administrative and Financial Services or the Commissioner of Public 
Safety if the Commissioner of Agriculture, Conservation and Forestry determines that the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 66, L.D. 88 
expertise and resources of those other departments would be beneficial in the 
development of the rules. 
The amendment also provides that possession of marijuana is a civil violation for a 
person who is 18, 19 or 20 years of age. The penalty for possession of up to 1 1/4 ounces 
of marijuana is a fine no less than $350 to no more than $600. The penalty for possession 
of up to 2 1/2 ounces is a fine of no less than $700 and no more than $1,000. These 
penalties are the same as those that were in law for any nonjuvenile prior to being 
repealed by Initiated Bill 2015, chapter 5. Finally, the amendment provides that it is a 
juvenile crime under the Maine Juvenile Code for a person under 18 years of age to 
possess marijuana and makes a corresponding technical cross-reference change. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01/23/17 ftt"ac 
LD88 
LR 1572(02) 
An Act To Delay the Implementation of Certain Portions of the Marijuana Legalization Act 
Fiscal Note for Bill as Amended by Committee Amendment "A' 
Committee: Veterans and Legal Affairs 
[CA tH) 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Delayed Impact 
FY2017-18 
$490,000 
($490,000) 
($10,000) 
FY2018-19 
$0 
$0 
$0 
Projections 
FY2019-20 
$0 
$0 
$0 
Projections 
FY2020-21 
$0 
$0 
$0 
This bill delays the effective date ofretail sales of recreational marijuana to February 1, 2018. This delay would 
reduce revenue from the tax on marijuana sales, reducing General Fund revenue and Local Government Fund revenue 
by an estimated $490,000 and $10,000, respectively, in fiscal year 2017-18. 
The state licensing authority, still the Department of Agriculture, Conservation and Forestry (ACF), can delay 
expenditures of approximately $132,633 in fiscal year 2017-18 and $2,379,534 in fiscal year 2018-19 for 3 permanent 
positions in fiscal year 2017-18 and an additional 15 permanent positions (18 total) in fiscal year 2018-19, related 
costs and certain one-time costs to regulate and control the licensing of the cultivation, manufacture, distribution, 
testing and sale ofretail marijuana and retail marijuana products. As these amounts have not yet been appropriated to 
ACF, no deappropriations are required for the delay in this bill. Additional legislation will still be required to fund the 
licensing and enforcement functions of implementing the legalization of marijuana. 
The bill also allows ACF to delegate rulemaking authority to the Commissioner of the Department of Administrative 
and Financial Services or the Commissioner of the Department of Public Safety, or both, if there is a determination 
that the expertise and resources of those departments would benefit the rules and the enforcement of the Marijuana 
Legalization Act. 
Establishing civil violations for persons 18, 19 and 20 years of age who possess marijuana may increase fine revenue 
by amounts that are not expected to be significant. 
LR1572(02) - Fiscal Note - Page I of 1