An Act To Amend the Marijuana Legalization Act
Maine Legislature, Session 128, LD 1650
Amends: 5 MRSA §12004-I, 7 MRSA §1-C, 22 MRSA §3763, 28-B MRSA §901, 26 MRSA §772, 17-A MRSA §1111-A, 25 MRSA §1542-A, 30-A MRSA §4452, 30-A MRSA §7063, 36 MRSA §1752, 36 MRSA §1811, 36 MRSA §1817, 36 MRSA §1818

Legislative Document
No. 1650
H.P. 1139
House of Representatives, October 23, 2017
An Act To Amend the Marijuana Legalization Act
(EMERGENCY)
Reported by Fifteen Members in Report A from the Joint Select Committee on Marijuana 
Legalization Implementation pursuant to Joint Order 2017, H.P. 96.
ROBERT B. HUNT
Clerk
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 people of the State of Maine in November 2016 passed into law the 
Marijuana Legalization Act, which establishes a system of licensing for the cultivation, 
manufacture, testing and retail sale of adult use marijuana and adult use marijuana 
products in the State and which enables persons 21 years of age or older to legally 
acquire, possess and consume adult use marijuana and adult use marijuana products and 
to cultivate marijuana for personal use; and
Whereas, amendments to the Marijuana Legalization Act are necessary to provide 
clarity in the licensing and regulation of adult use marijuana establishments and in the 
oversight and enforcement of the laws regarding the personal use and home cultivation of 
marijuana; and
Whereas, to facilitate the timely implementation of a retail marketplace in the State 
for adult use marijuana and adult use marijuana products, the agencies charged by law 
with the implementation, administration and enforcement of the Marijuana Legalization 
Act must adopt rules in accordance with that Act and the Legislature must review those 
rules in accordance with the Maine Administrative Procedure Act as soon as is 
practicable; 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:
PART A
Sec. A-1.  5 MRSA §12004-I, sub-§52-C is enacted to read:
52-C.  
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 A-2.  7 MRSA §1-C, as enacted by PL 2017, c. 278, §1, is repealed.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 A-3.  7 MRSA c. 417, as amended, is repealed.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, ¶J, 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 7 28-B, section 2442 102.
Judiciary: 
Marijuana
Marijuana Advisory 
Commission
Expenses Only
28-B MRSA §901
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 rules 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 
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 or in 
recreational marijuana social clubs authorized under Title 7 28-B, chapter 417 1.
Sec. A-6.  28-B MRSA is enacted to read:
TITLE 28-B
ADULT USE MARIJUANA
CHAPTER 1
MARIJUANA LEGALIZATION ACT
SUBCHAPTER 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 department for review that department 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.
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 or marijuana social club 
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 cultivate, prepare and package adult use marijuana and to sell adult use 
marijuana to products manufacturing facilities, to marijuana stores and to other 
cultivation facilities and to sell 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 
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
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 marijuana 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.  "Intoxication" 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 or, in the case 
of a marijuana social club, allow the consumption of adult use marijuana products by a 
consumer.  "Licensed premises" includes, but is not limited to, a limited access area and a 
restricted access area.
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 sell 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 manufacture.  "Manufacturing" or "manufacture" means the 
production, blending, infusing, compounding or other preparation of marijuana 
concentrate and marijuana products, including, but not limited to, marijuana extraction or 
preparation by means of chemical synthesis.  "Manufacturing" or "manufacture" 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.
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, a marijuana store or a 
marijuana social club 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 social club.  "Marijuana social club" means a facility licensed under 
this chapter to purchase adult use marijuana products from a products manufacturing 
facility and to sell adult use marijuana products to consumers for consumption on the 
licensed premises of the marijuana social club.
35.  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.
36.  Marijuana trim.  "Marijuana trim" means any part of a marijuana plant, whether 
processed or unprocessed, that is not marijuana flower or a marijuana seed. 
37.  Mature marijuana plant.  "Mature marijuana plant" means a marijuana plant 
that is flowering.
38.  Mother plant.  "Mother plant" means a mature marijuana plant that is used 
solely for the taking of seedling cuttings.
39.  Municipality.  "Municipality" means a city, town or plantation in this State.
40.  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.
41.  Participating municipality.  "Participating municipality" means a municipality 
that has approved or licensed the operation of at least one cultivation facility, products 
manufacturing facility, marijuana store or marijuana social club in accordance with this 
chapter that is in operation within the municipality.
42.  Person.  "Person" means a natural person or a business entity.
43.  Plant canopy.  "Plant canopy" means the total area within the licensed premises 
of a cultivation facility that is dedicated to the live cultivation of marijuana plants, 
including, but not limited to, the areas in which mother plants are grown and maintained, 
the areas in which marijuana plants are propagated from seed to plant tissue, the areas in 
which marijuana plants are cloned, vegetative or flowering areas for marijuana plants and 
quarantine areas for marijuana plants.  "Plant canopy" does not include the areas within 
the licensed premises of a cultivation facility that are not dedicated to the live cultivation 
of marijuana plants, including, but not limited to, the areas in which fertilizers, pesticides 
or other products are stored and general office space, work areas and walkways.
44.  Primary caregiver.  "Primary caregiver" has the same meaning as in Title 22, 
section 2422, subsection 8-A.
45.  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, to marijuana social clubs and to other 
products manufacturing facilities.
46.  Propagation.  "Propagation" means the process of reproducing marijuana plants 
through the use of marijuana seeds, cuttings or grafting.
47.  Qualifying patient.  "Qualifying patient" means a person who possesses a valid 
certification for the medical use of marijuana pursuant to Title 22, section 2423-B.
48.  Registered dispensary.  "Registered dispensary" means a nonprofit dispensary 
that is registered by the Department of Health and Human Services pursuant to Title 22, 
section 2428.
49.  Registered primary caregiver.  "Registered primary caregiver" has the same 
meaning as in Title 22, section 2422, subsection 11.
50.  Restricted access area.  "Restricted access area" means a designated and secure 
area within the licensed premises of a marijuana store or a marijuana social club where 
adult use marijuana or adult use marijuana products are stored, displayed for sale, offered 
for sale, sold or, in the case of a marijuana social club, consumed by a consumer.
51.  Sale or sell.  "Sale" or "sell" means a transfer or delivery of marijuana or 
marijuana products for consideration.
52.  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;
B.  An amount of adult use marijuana or an amount of an adult use marijuana product 
collected from a licensee by the Department of Agriculture, Conservation and 
Forestry 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.
53.  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.
54.  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.
55.  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.
56.  Testing facility.  "Testing facility" means a facility licensed under this chapter to 
develop, research and test marijuana, marijuana products and other substances.
57.  THC.  "THC" means tetrahydrocannabinol.
58.  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.
59.  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.
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.  Administration and enforcement; rulemaking
1.  State licensing authority.  The department has the sole authority under this 
chapter to:
A.  Grant or deny applications for the licensure of marijuana establishments under 
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 penalty 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 licensure.
2.  Implementation, administration and enforcement.  The department shall 
implement, administer and enforce this chapter and the rules adopted pursuant to this 
chapter, except that the Department of Agriculture, Conservation and Forestry shall 
implement, administer and assist the department in the enforcement of this chapter and 
the rules adopted pursuant to this chapter in any matters 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, 
including, but not limited to, matters concerning the regulation of marijuana seeds and 
clones and marijuana plants; security requirements for cultivation facilities, products 
manufacturing facilities and testing facilities, including, but not limited to, lighting 
requirements, physical security requirements, alarm requirements and other minimum 
procedures for internal control and security; the use of pesticides, fungicides and 
herbicides in cultivation; the harvesting and storage of marijuana; 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 preparation, manufacture, 
testing, packaging and labeling of adult use marijuana and adult use marijuana products.
3.  Staffing; department to employ law enforcement personnel.  The department 
and the Department of Agriculture, Conservation and Forestry may employ personnel as 
necessary to implement, administer and enforce this chapter and the rules adopted 
pursuant to this chapter.  A portion of the overall personnel employed by the department 
to implement, administer and enforce this chapter and the rules adopted pursuant to this 
chapter must be sworn law enforcement officers.  The number of sworn law enforcement 
officers employed by the department pursuant to this subsection must be sufficient, as 
determined by the commissioner, to conduct inspections of the licensed premises of 
licensees, to ensure compliance by licensees with the requirements of this chapter and the 
rules adopted pursuant to this chapter and to otherwise enforce this chapter and the rules 
adopted pursuant to this chapter.
4.  Rules; consultation.  This subsection governs the adoption of rules under this 
chapter by the department and the Department of Agriculture, Conservation and Forestry.  
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.
A.  Except as provided in paragraph B, the department shall adopt all rules 
concerning the licensing and operation of marijuana establishments, including, but 
not limited to, the initial license and license renewal application processes, 
qualification for licensure, the payment of licensing fees, the appeals process for a 
denial of an application for licensure and the conduct of appeals and hearings 
consistent with the Maine Administrative Procedure Act; the distribution, tracking 
and sale of adult use marijuana and adult use marijuana products; security 
requirements for marijuana stores and marijuana social clubs, including, but not 
limited to, lighting requirements, physical security requirements, alarm requirements 
and other minimum procedures for internal control and security; the collection, 
administration and enforcement of the excise tax on adult use marijuana imposed 
under subchapter 10; the enforcement of this chapter, including, but not limited to, 
the process for the imposition of a monetary penalty or license suspension or 
revocation for a violation of this chapter or rules adopted under this chapter and the 
conduct of hearings involving such penalties consistent with the Maine 
Administrative Procedure Act; and any other matter necessary for the consistent and 
effective administration of this chapter.
(1)  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.
(2)  The department shall consult with the Department 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.
B.  The Department of Agriculture, Conservation and Forestry shall adopt 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, including, but not limited to, matters 
concerning the regulation of marijuana seeds and clones and marijuana plants; 
security requirements for cultivation facilities, products manufacturing facilities and 
testing facilities, including, but not limited to, lighting requirements, physical security 
requirements, alarm requirements and other minimum procedures for internal control 
and security; the use of pesticides, fungicides and herbicides in cultivation; the 
harvesting and storage of marijuana; 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 preparation, manufacture, testing, 
packaging and labeling of adult use marijuana and adult use marijuana products.
(1)  The Department of Agriculture, Conservation and Forestry 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.
(2)  The Department of Agriculture, Conservation and Forestry shall consult with 
the Department 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.
5.  Coordination.  The department and the Department of Agriculture, Conservation 
and Forestry, when necessary and practicable, shall coordinate implementation, 
administrative, enforcement and rule-making activities under this chapter to ensure that 
this chapter and the rules adopted pursuant to this chapter are implemented, administered 
and enforced in a consistent and effective manner.
§105.  Tracking system
The department shall implement and administer a system, referred to in this section 
as "the tracking 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 tracking system and tracking 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 
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 
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 those chapters 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.
A criminal justice agency may investigate unlawful activity in relation to the personal 
adult use of marijuana or marijuana products or the home cultivation of marijuana for 
personal adult use as authorized under chapter 3.
§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, the Department of Agriculture, Conservation and Forestry 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
Notwithstanding any provision of this chapter or chapter 3 to the contrary, 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; 
and
3.  Discipline of employees.  May discipline employees who are under the influence 
of marijuana in the workplace 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, 2019, and annually thereafter, the department 
and the Department of Agriculture, Conservation and Forestry shall jointly 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 municipal 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 and the total amount of the excise and sales tax revenue returned to 
municipalities pursuant to subchapter 10 and Title 36, section 1818;
E.  An overview of current adult use marijuana-related staffing at the department and 
at the Department of Agriculture, Conservation and Forestry and the cost to each 
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 produced and sold by 
all cultivation facilities in the prior calendar year, if such information is available;
G.  The total reported volume and value of adult use marijuana and adult use 
marijuana products sold by all marijuana stores and marijuana social clubs in the 
prior calendar year, if such information is available;
H.  The number of inspections of the licensed premises of licensees performed by the 
department and the Department of Agriculture, Conservation and Forestry 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;
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 or the Department of Agriculture, Conservation and Forestry in the prior 
calendar year.
3.  Authority to report out legislation.  After reviewing the report 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;
4.  Marijuana store.  Consistent with the restrictions of section 205, subsection 2, 
paragraph C, a marijuana store license; or
5.  Marijuana social club.  Beginning June 1, 2019, a marijuana social club license.
Except as provided in section 205, the department may not impose any limitation on 
the number of licenses within each type of license that it issues to a qualified individual 
applicant or on the total number of licenses within 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 
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 
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 of State.  If the applicant is a natural person, the applicant must be a 
resident of the State.  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 of the State; 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 of the State or business entities whose owners 
are all natural persons who are residents of the State.
This subsection does not apply to an applicant for a testing facility license.
3.  Two-year residency required.  If the applicant is a natural person, the applicant 
must have been a resident of the State for a period of not less than the 2 years 
immediately preceding the date of the application.  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 has been a resident of the State for a period of not less than the 
years immediately preceding the date of the application; 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 have been residents of the State for a period of not less than 
the 2 years immediately preceding the date of the application or by business entities 
whose owners are all natural persons who have been residents of the State for a 
period of not less than the 2 years immediately preceding the date of the application.
This subsection does not apply to an applicant for a testing facility license.  This 
subsection is repealed June 1, 2020.
4.  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.
5.  No disqualifying drug offense.  The applicant may not have been previously 
convicted of a disqualifying drug offense.
6.  Not employee of state agency.  The applicant may not be employed by the 
department, the Department of Agriculture, Conservation and Forestry or any other state 
agency with regulatory authority under this chapter or the rules adopted pursuant to this 
chapter.
7.  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.
8.  No license revocation.  The applicant may not have had a license previously 
issued under this chapter revoked.
9.  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.
10.  No revocation of other state marijuana license, permit, certificate or other 
government-issued 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.
11.  No outstanding court-ordered payments.  A license may not be issued to an 
applicant that has any outstanding payments due in this State on court-ordered fines, 
court-appointed attorney's fees or court-ordered restitution.
12.  Criminal history record check.  The applicant must have submitted to a 
criminal history record check in accordance with the requirements of section 204.
13.  Compliance with application process; no false statement of material fact.  
The applicant must have completed all application forms required by the department fully 
and truthfully and complied with all information requests of the department and the 
Department of Agriculture, Conservation and Forestry 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 or the Department of Agriculture, 
Conservation and Forestry in applying for a license under this chapter.
§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 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.
§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 
history record check in accordance with this section.  If the applicant is a business entity, 
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 
information 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 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 
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 history record information obtained by the 
department pursuant to this section is confidential, is for the official use of the department 
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.
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, in a cultivation facility license, a products 
manufacturing facility license, a marijuana store license or a marijuana social club 
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, "interest" 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 1, 2021.
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 
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 section 206.
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 municipal 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 municipal authorization as required 
by section 402, subsection 3, paragraph B, the department shall notify the applicant 
that certification of municipal authorization has been confirmed 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 designates the location within the municipality in 
which the marijuana establishment will be located and that details the size and 
layout of the marijuana establishment;
(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, a marijuana store or a marijuana social 
club, register with the State Tax Assessor pursuant to Title 36, section 1754-B to 
collect and remit the sales tax imposed pursuant to Title 36, section 1811.
B.  The department shall prepare and furnish to applicants and municipalities a 
certification form by which a municipality may certify to the department that the 
applicant has obtained municipal authorization as required by section 402, subsection 
3, paragraph B.
C.  
Upon receipt of payment of the applicable license fee and any other 
documentation required under paragraph A, the department shall issue an active 
license to the applicant.  The license must specify the date of issuance of the license, 
the period of licensure, the date of expiration of the license, the name of the licensee 
and the address of the licensed premises.
5.  Each license separate.  Each license issued by the department to an applicant 
under this chapter is separate and distinct from any other license issued by the department 
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 department 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 department, 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 department 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 department 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 
the department or the municipality in which the licensed premises are located.
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 and the 
Department of Agriculture, Conservation and Forestry 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 facility 
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, 
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
E.  For a nursery 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, marijuana stores and marijuana 
social clubs.  For a products manufacturing facility license, a marijuana store license or a 
marijuana social club 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 
department 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 
Regulatory 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 department, on forms prepared and furnished by the department, 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 
payment of a late application fee to the department.  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 
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 
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 municipal authorization as required by section 402, 
subsection 3, paragraph B, 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 municipal authorization as required by section 402, 
subsection 3, paragraph B, 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 application.  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 
ownership interest pursuant to this section in a license must demonstrate to the 
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 municipal authorization of a transfer of ownership interests in a license. 
§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.  Municipal authorization required.  In accordance with the requirements of 
section 402, subsection 3, paragraph B, the department shall, within 10 days of receiving 
certification of municipal authorization from the municipality in which the relocated 
premises are to be located, notify the licensee that municipal 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.
§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 
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 department may revoke or refuse to renew any license if it determines that the 
licensed premises have been inactive without good cause 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.
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 3,000 square feet of plant canopy;
3.  Tier 3 cultivation facility license.  A tier 3 cultivation facility license, which 
allows cultivation by a licensee of not more than 10,000 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 30,000 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
In 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, that the applicant proposes to dedicate to the 
cultivation of 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, that the applicant proposes to dedicate to the 
cultivation of 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 in which mature marijuana 
plants are to be cultivated, 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 10,000 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 
satisfy the requirements of this section for the requested increase, the department shall 
consider renewing the licensee's license at the current tier and currently authorized 
maximum area of plant canopy.
SUBCHAPTER 4
MUNICIPAL REGULATION OF MARIJUANA ESTABLISHMENTS
§401.  Municipal regulation of marijuana establishments generally
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 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 Title 7-
A, section 201-B.
§402.  Municipal authorization of marijuana establishments
1.  Request for municipal authorization to operate marijuana establishment 
within municipality prohibited unless generally authorized by municipality.  A 
person seeking to operate a marijuana establishment within a municipality may not 
request municipal authorization to operate the marijuana establishment and a municipality 
may not accept as complete the person's request for municipal authorization unless:
A.  The legislative body of the municipality has voted to generally authorize 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 
chooses to prohibit 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 this paragraph, 
"school" 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 municipal 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.  Municipal authorization required for operation of marijuana establishment.  
A person may not operate a marijuana establishment within a municipality unless:
A.  The legislative body of the municipality has voted to generally authorize 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 
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 a person's compliance with the requirements of paragraph B 
on the form prepared and furnished by the department pursuant to section 205, subsection 
4, paragraph B.
4.  Municipal failure to act on request for municipal authorization.  If a 
municipality whose legislative body has voted to generally authorize some or all types of 
marijuana establishments within the municipality fails to act on a person's request for 
municipal authorization to operate a marijuana establishment within the municipality, the 
municipality's failure to act does not satisfy the municipal authorization requirement of 
subsection 3, paragraph B.
5.  Appeal of municipal failure to act on request for municipal authorization.  If 
a municipality whose legislative body has voted to generally authorize some or all types 
of marijuana establishments within the municipality fails to act on a person's request for 
municipal 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, 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.
6.  Withdrawal of municipal authorization.  If a municipality at any time 
withdraws the municipality's authorization for the operation of a marijuana establishment 
within the municipality based upon a violation by the licensee operating the marijuana 
establishment of the terms or conditions of a municipal license or a municipal regulation 
governing the operation of marijuana establishments within the municipality, or for other 
good cause, the licensee shall immediately cease all activities relating to the operation of 
the marijuana establishment and may:
A.  Apply to the department for relocation of the licensed premises pursuant to 
section 211;
B.  Terminate its license pursuant to section 212; or
C.  If the licensee timely appeals the decision of the municipality to withdraw the 
municipality's authorization, continue operation within the municipality until the 
earliest of the date on which the licensee exhausts all appeals, the date the licensee's 
department-issued license expires and is not renewed or the date the licensee's 
department-issued license is suspended or revoked by the department pursuant to 
subchapter 8.
§403.  Information requests
A municipality may request that the department provide any information obtained by 
the department pursuant to the provisions of subchapter 2 or 3 that the municipality 
determines necessary for the administration of the municipality's 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 to the 
municipality the information requested pursuant to this section.
§404.  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.
The department shall provide the Bureau of Revenue Services with any information 
received from a municipality pursuant to this section within 14 days of the date the 
department receives that information.
SUBCHAPTER 5
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 use 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 
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 nursery 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 Department of Agriculture, Conservation and Forestry, after consultation 
with the department, 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 department 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 primary 
caregiver or a registered dispensary 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 adult use marijuana within the same 
facility in which the licensee also cultivates marijuana for medical use 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 
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, entryways 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 of Agriculture, Conservation and Forestry, after consultation 
with the Department of Health and Human Services, 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.  Change to operating plan or cultivation plan.  A cultivation facility licensee 
shall submit to the department in writing any material change to the cultivation facility's 
operating plan or cultivation plan as described under section 302, including, but not 
limited to, a change in the percentage or square footage of plant canopy dedicated to the 
cultivation of mature marijuana plants, prior to implementation of the change.
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 boundary of an outdoor cultivation area within the licensed premises of 
a cultivation facility must be separated by at least 20 feet from the outer boundary of 
an outdoor cultivation area within the licensed premises of a different cultivation 
facility.
C.  The Department of Agriculture, Conservation and Forestry 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, a marijuana store licensee or a marijuana social club 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 and to the municipality in which the 
cultivation facility is located as required under subchapter 10.  A nursery cultivation 
facility licensee shall ensure that the tax imposed on the sale of adult use marijuana and 
adult use marijuana 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.
10.  Tracking.  A cultivation facility licensee shall track the adult use marijuana it 
cultivates from immature marijuana plant to the point at which the marijuana 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, in accordance with the 
requirements of section 105.
§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, marijuana social clubs or other products manufacturing facilities.
2.  Retail sale of adult use marijuana without separate marijuana store or 
marijuana social club 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 or a marijuana social club and otherwise 
complies with all applicable requirements under this chapter and the rules adopted 
pursuant to this chapter concerning the operation of marijuana stores or marijuana social 
clubs.  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 
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. 
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 of Agriculture, Conservation and Forestry, after consultation 
with the Department of Health and Human Services, shall adopt rules governing the 
use of a shared facility by a products manufacturing facility licensee that is also a 
registered primary caregiver or a registered dispensary, 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 for the purposes of product quality control and 
product research and development only and the licensee may not otherwise allow the 
consumption of adult use marijuana or adult use marijuana products within the licensed 
premises.
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, to a marijuana 
store licensee or to a marijuana social club 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 of Agriculture, Conservation and Forestry.
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 of Agriculture, Conservation 
and Forestry requires a products manufacturing facility licensee to obtain a commercial 
kitchen license.  The Department of Agriculture, Conservation and Forestry shall adopt 
rules requiring certain areas within the licensed premises of a products manufacturing 
facility to be licensed 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 of Agriculture, 
Conservation and Forestry 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 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 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.  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 transferred to the products manufacturing facility by a cultivation facility to the point 
the marijuana or marijuana concentrate or an adult use marijuana product produced from 
the marijuana is delivered or transferred to another products manufacturing facility, a 
testing facility, a marijuana store or a marijuana social club or is disposed of or destroyed, 
in accordance with the requirements of section 105.
§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 dispensary.
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.
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 of Agriculture, Conservation and Forestry 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 of Agriculture, Conservation and Forestry 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 of Agriculture, Conservation and Forestry. The Department of 
Agriculture, Conservation and Forestry 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-party 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 of Agriculture, Conservation and Forestry 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 of Agriculture, Conservation and Forestry 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 
opportunity for remediation and retesting in accordance with rules adopted by the 
Department of Agriculture, Conservation and Forestry.
5.  Record keeping.  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 of Agriculture, Conservation and Forestry 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 of Agriculture, Conservation and Forestry.
7.  Notification of test results.  A testing facility shall notify the Department of 
Agriculture, Conservation and Forestry 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 marijuana social club 
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 marijuana social club 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.  Tracking.  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, in accordance with the requirements of section 105.
10.  Rules.  The Department of Agriculture, Conservation and Forestry 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 reporting of test results.  Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 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;
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 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.  Restricted access areas.  A person under 21 years of age may not enter a 
restricted access area within a marijuana store.  A marijuana store licensee shall ensure 
that persons under 21 years of age do not enter a restricted access area within the 
marijuana store.
5.  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.
6.  Use of shared facility for retail sale of adult use marijuana and adult use 
marijuana products and marijuana and marijuana products for medical use.  
Subject to the requirements of this subsection and the rules adopted pursuant to this 
subsection, a marijuana store licensee that is also a registered primary caregiver or a 
registered dispensary may sell and offer for sale to consumers adult use marijuana and 
adult use marijuana products pursuant to this chapter within the same facility 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.
A.  A marijuana store licensee that sells or offers for sale adult use marijuana and 
adult use marijuana products to consumers within the same facility in which the 
licensee also sells or offers for sale marijuana and marijuana products for medical use 
to qualifying patients must comply with all applicable requirements of this chapter 
and the rules adopted pursuant to this chapter concerning the operation of marijuana 
stores.
B.  Except as provided in paragraph C, the areas of the shared facility in which adult 
use marijuana and adult use marijuana products are sold or offered for sale to 
consumers must be completely physically separated from the areas of the shared 
facility in which marijuana and marijuana products for medical use are sold or 
offered for sale to qualifying patients in a manner that requires each sales area to be 
located in a separate room or rooms within the facility and that requires separate 
storage areas for adult use marijuana and adult use marijuana products and marijuana 
and marijuana products for medical use.
C.  The areas of the shared facility in which adult use marijuana and adult use 
marijuana products are sold or offered for sale to consumers and the areas of the 
shared facility in which marijuana and marijuana products for medical use are sold or 
offered for sale to qualifying patients may share:
(1)  A common roof and a common entryway from the outside of the building;
(2)  General office space, bathrooms, walkways and storage space for products 
and supplies that do not contain marijuana or marijuana products; and
(3)  Common access areas or doorways accessible only by the licensee and the 
employees of the licensee that allow the licensee and employees to travel 
between those areas.
D.  The department, after consultation with the Department of Health and Human 
Services, shall adopt rules governing the use of a shared facility by a marijuana store 
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 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.
7.  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 704, subsection 2 and the rules adopted pursuant to section 704, 
subsection 2.
8.  Sales tax.  A marijuana store licensee shall ensure that the tax imposed on the sale 
of adult use marijuana and adult use marijuana 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.  
9.  Tracking.  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, in 
accordance with the requirements of section 105.
§505.  Operation of marijuana social clubs
A marijuana social club 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 
social club may sell:
A.  Adult use marijuana products and marijuana paraphernalia;
B.  Consumable products not containing marijuana, including, but not limited to, 
sodas, candies and baked goods; and
C.  Any other nonconsumable products, including, but not limited to, apparel and 
marijuana-related products. 
2.  Prohibitions.  A marijuana social club may not:
A.  Give away adult use marijuana products or sell or give away adult use marijuana, 
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 
products that exceeds the personal use limitations of section 1501, subsection 1;
C.  Allow the smoking of marijuana or marijuana products on the licensed premises 
of the marijuana social club in violation of the provisions of Title 22, chapter 262;
D.  Allow a person to consume marijuana or marijuana products not purchased from 
the marijuana social club on the licensed premises of the marijuana social club;
E.  Allow a person to remove from the licensed premises of the marijuana social club 
adult use marijuana products purchased by the person at the marijuana social club;
F.  Sell adult use marijuana products using an automated dispensing or vending 
machine; or
G.  Sell adult use marijuana products to a person who is visibly intoxicated.
3.  Consumption of marijuana products on premises.  All adult use marijuana 
products purchased by a consumer at a marijuana social club must be consumed or 
disposed of on the licensed premises and may not be removed from the licensed premises.  
A person may not consume marijuana or marijuana products not purchased from the 
marijuana social club on the licensed premises of the marijuana social club.  
4.  Compliance with packaging, labeling and health and safety requirements.  All 
adult use marijuana products sold or offered for sale at a marijuana social club must meet 
all applicable packaging, labeling and health and safety requirements of subchapter 7 and 
the rules adopted under subchapter 7.
5.  Restricted access areas.  A person under 21 years of age may not enter a 
restricted access area within a marijuana social club.  A marijuana social club licensee 
shall ensure that persons under 21 years of age do not enter a restricted access area within 
the marijuana social club.
6.  Verification of purchaser's age.  A person must be 21 years of age or older to 
make a purchase in a marijuana social club.  A marijuana social club may not sell any 
item to a person under 21 years of age.
A.  Prior to initiating a sale, an employee of the marijuana social club 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 social club licensee may accept when verifying a purchaser's age.
7.  Use of shared facility for retail sale of adult use marijuana products and 
marijuana and marijuana products for medical use.  Subject to the requirements of 
this subsection and the rules adopted pursuant to this subsection, a marijuana social club 
licensee that is also a registered primary caregiver or a registered dispensary may sell and 
offer for sale to consumers adult use marijuana products pursuant to this chapter within 
the same facility 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.
A.  A marijuana social club licensee that sells or offers for sale adult use marijuana 
products to consumers within the same facility in which the licensee also sells or 
offers for sale marijuana and marijuana products for medical use to qualifying 
patients must comply with all applicable requirements of this chapter and the rules 
adopted pursuant to this chapter concerning the operation of marijuana social clubs.
B.  Except as provided in paragraph C, the areas of the shared facility in which adult 
use marijuana products are sold or offered for sale to consumers must be completely 
physically separated from the areas of the shared facility in which marijuana and 
marijuana products for medical use are sold or offered for sale to qualifying patients 
in a manner that requires each sales area to be located in a separate room or rooms 
within the facility and that requires separate storage areas for adult use marijuana 
products and marijuana and marijuana products for medical use.
C.  The areas of the shared facility in which adult use marijuana products are sold or 
offered for sale to consumers and the areas of the shared facility in which marijuana 
and marijuana products for medical use are sold or offered for sale to qualifying 
patients may share:
(1)  A common roof and a common entryway from the outside of the building;
(2)  General office space, bathrooms, walkways and storage space for products 
and supplies that do not contain marijuana or marijuana products; and
(3)  Common access areas or doorways accessible only by the licensee and the 
employees of the licensee that allow the licensee and employees to travel 
between those areas.
D.  The department, after consultation with the Department of Health and Human 
Services, shall adopt rules governing the use of a shared facility by a marijuana social 
club 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 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.
8.  Signs, marketing and advertising.  All signs used by and all marketing and 
advertising conducted by or on behalf of a marijuana social club must comply with the 
requirements of section 704, subsection 2 and the rules adopted pursuant to section 704, 
subsection 2.
9.  Sales tax.  A marijuana social club licensee shall ensure that the tax imposed on 
the sale of adult use marijuana and adult use marijuana 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.
10.  Tracking.  A marijuana social club licensee shall track all adult use marijuana 
products from the point at which the marijuana products are delivered or transferred to 
the marijuana social club by a products manufacturing facility to the point at which the 
marijuana products are sold to a consumer, delivered or transferred to a testing facility or 
disposed of or destroyed, in accordance with the requirements of section 105.
§506.  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 the 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.
§507.  Employment of persons under 21 years of age prohibited
A licensee may not employ any person under 21 years of age.
§508.  Use of adult use marijuana and adult use marijuana products within 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 on work duty. 
3.  Other use of adult use marijuana or adult use marijuana products.  Except as 
otherwise provided in this chapter:
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, including, but not limited to, 
in all restricted access areas and limited access areas.
§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 the 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.  Record 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 and the Department of Agriculture, Conservation and 
Forestry 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 or the Department of 
Agriculture, Conservation and Forestry 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 or the 
Department of Agriculture, Conservation and Forestry 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 or the Department of Agriculture, Conservation and Forestry, 
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 1, 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. 
§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, the Department of Agriculture, Conservation and Forestry, a criminal justice 
agency or an official authorized by the municipality in which the licensed premises are 
located.
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 
of Agriculture, Conservation and Forestry, for the purposes of product quality control.  
The Department of Agriculture, Conservation and Forestry shall adopt rules 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 rules 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 of Agriculture, Conservation and Forestry, after consultation with 
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 of Agriculture, Conservation and Forestry 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 rules as defined in Title 5, chapter 375, subchapter 2-A.
§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 of Agriculture, Conservation and Forestry may, after consultation with 
the department, temporarily waive mandatory testing requirements under this section for 
any contaminant or factor for which the Department of Agriculture, Conservation and 
Forestry 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 of Agriculture, 
Conservation and Forestry shall establish by rule processes, protocols and standards for 
mandatory and other testing of marijuana and marijuana products that conform with the 
best practices generally used within the marijuana industry.
§603.  Notification requirements
1.  Notification 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 Agriculture, Conservation and Forestry of the test results.
2.  Notification not required.  A testing facility is not required to notify the 
Department of Agriculture, Conservation and Forestry 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 
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 
performance of the 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 of Agriculture, Conservation 
and Forestry shall consult and coordinate with the Department of Health and Human 
Services to ensure that, when 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.
SUBCHAPTER 7
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 or marijuana social club where the adult use 
marijuana or adult use marijuana product was cultivated, manufactured and offered 
for sale;
B.  An identity statement, universal symbol and warning labels;
C.  The batch number;
D.  A net weight statement;
E.  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;
F.  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;
G.  Information on gases, solvents and chemicals used in marijuana extraction;
H.  Instructions on usage;
I.  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;
J.  For edible marijuana products, a nutritional fact panel; and
K.  Any other information required by rule by the Department of Agriculture, 
Conservation and Forestry.
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 of Agriculture, Conservation and Forestry.
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; and
C.  Any other information that has been preapproved by the Department of 
Agriculture, Conservation and Forestry.
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 information 
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 
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 of Agriculture, 
Conservation and Forestry.
§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 mass-market advertising or marketing campaigns 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;
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 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 
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 marijuana leaf;
B.  Must be manufactured in a manner that results in the cannabinoid content within 
the product being homogeneous throughout the product or throughout each element 
of the product that has a cannabinoid content;
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 of Agriculture, Conservation and 
Forestry, after consultation with the department, shall adopt labeling, packaging and other 
necessary health and safety rules 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 mandatory 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 and marijuana social clubs.
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 final order of the department imposing a 
monetary penalty on a licensee or suspending or revoking the licensee's license is a final 
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 80C 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 
licensee to the department in the form of cash or in the form of a certified check or a 
cashier's check payable to the department.  All monetary penalties paid to the 
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 license 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 
penalty 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 
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 
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.  
The Commissioner of Administrative and Financial Services or the 
commissioner's designee;
B.  The Commissioner of Health and Human Services or the commissioner's 
designee;
C.  The Commissioner of Public Safety or the commissioner's designee;
D.  
The Commissioner of Agriculture, Conservation and Forestry or the 
commissioner's designee;
E.  The Attorney General or the Attorney General's designee;
F.  The following 5 members, appointed by the President of the Senate:
(1)  Two members of the Senate, including members from each of the 2 parties 
holding the largest number of seats in the Legislature;
(2)  A representative of a statewide association of health care professionals;
(3)  A representative of a statewide association representing the medical 
marijuana industry; and
(4)  A member of the public; and
G.  
The following 5 members, appointed by the Speaker of the House of 
Representatives:
(1)  Two members of the House of Representatives, including members from 
each of the 2 parties holding the largest number of seats in the Legislature;
(2)  A representative of a statewide association representing municipalities;
(3)  A representative of a statewide association representing the adult use 
marijuana industry; and
(4)  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.  Public members of the commission serve for a term of 2 years and may 
be reappointed.  Members of the commission who are Legislators serve during the term 
of office for which they were elected.
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 
pertaining 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.  Submission of recommendations to Legislature.  The commission shall submit 
to the Legislature such recommended changes to the laws as it considers appropriate to 
preserve the public health and safety and the well-being of the citizens of the State and to 
preserve the intent of citizens as expressed in passage of the Marijuana Legalization Act, 
former Title 7, chapter 417.  The commission shall include any recommended changes in 
its annual report to the Legislature pursuant to subsection 4.
3.  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 and to align this Act with 
other provisions of law.
4.  Report to Legislature.  Beginning January 15, 2019, and annually thereafter, the 
commission shall submit a report containing its findings and recommendations, together 
with any suggested legislation, to the joint standing committee or committees of the 
Legislature having jurisdiction over medical marijuana 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.  At that time the commission shall organize and adopt policies regarding the 
functioning of the commission and its affairs.
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 $130 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 $36.29 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.  Collection and payment of excise tax
1.  Payment to department.  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, less the amount paid by the cultivation facility licensee to 
the municipality in which the cultivation facility is located as required by subsection 2.
2.  Payment to municipality.  On or before the last day of each month, a cultivation 
facility licensee shall pay to the municipality in which the cultivation facility is located 
5% of the total excise taxes required to be paid by the cultivation facility licensee 
pursuant to this subchapter during the preceding calendar month.  A cultivation facility 
licensee shall include with its monthly payment to the department under subsection 1 
documentation of the payment made under this subsection to the municipality in which 
the cultivation facility is located.
§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:
1.  Revenue sharing for participating municipalities.  Distribute 1% of the total 
excise tax revenue received by the department during the preceding month pursuant to 
this subchapter in equal amounts to each municipality that was a participating 
municipality during the preceding month; and
2.  Transfer to Adult Use Marijuana Public Health and Safety Fund.  After the 
distribution pursuant to subsection 1, transfer 12% of the remaining 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 1101.
SUBCHAPTER 11
ADULT USE MARIJUANA PUBLIC HEALTH AND SAFETY FUND; 
ADULT USE MARIJUANA REGULATORY COORDINATION FUND
§1101.  Adult Use Marijuana Public Health and Safety Fund
The Adult Use Marijuana Public Health and Safety Fund, referred 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 to other licensees pursuant to subchapter 10 in the amount 
required under section 1003, subsection 2;
B.  Money received from the sales tax imposed on the sale of adult use marijuana and 
adult use marijuana products by a marijuana store or a marijuana social club to a 
consumer pursuant to Title 36, section 1811 in the amount required under Title 36, 
section 1818, subsection 3;
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 
department, another state agency or department 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 
state law enforcement officers conducted in accordance with section 109 by the 
department, the Maine Criminal Justice Academy, another state agency or department 
or any other public or private entity.
3.  Application of fund to departmental expenses prohibited.  Money in the fund 
may not be applied to any expenses incurred by the department or the Department of 
Agriculture, Conservation and Forestry 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 as required by this chapter by the department and by any 
other department of State Government that is authorized to adopt 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.
CHAPTER 3
PERSONAL USE OF MARIJUANA AND MARIJUANA PRODUCTS; 
HOME CULTIVATION OF MARIJUANA FOR PERSONAL ADULT USE
§1501.  Personal use of marijuana and marijuana products
1.  Authorized conduct.  A person 21 years of age or older may:
A.  Use, possess or transport marijuana paraphernalia and use, possess or transport 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;
B.  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;
C.  Transfer or furnish, without remuneration, to a person 21 years of age or older up 
to 6 immature marijuana plants or seedlings;
D.  Subject to the requirements and restrictions of section 1502, possess, cultivate or 
transport up to 6 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;
E.  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;
F.  Purchase up to 12 immature marijuana plants or seedlings from a marijuana store 
or a nursery cultivation facility as described in section 301, subsection 5; and
G.  Purchase an amount of adult use marijuana products that includes no more than 5 
grams of marijuana concentrate from a marijuana social club.
For the purposes of this subsection, "remuneration" includes a donation or any other 
monetary payment received directly or indirectly by a person in exchange for goods or 
services as part of a transaction in which marijuana or marijuana products 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 curtilage; or
(2)  On private property, not generally accessible by the public, and the person is 
explicitly permitted 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 is 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 
smoking area as provided under the Workplace Smoking Act of 1985; or 
(4)  By means of smoking the marijuana or marijuana 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 caregiver or a registered dispensary pursuant to the Maine Medical Use of 
Marijuana Act.
1.  Cultivation of up to 6 mature marijuana plants for personal adult use per 
person authorized.  Subject to the requirements and restrictions of subsections 2 and 3, a 
person may cultivate up to 6 mature marijuana plants, up to 12 immature marijuana plants 
and an unlimited number of seedlings for personal adult use at that person's place of 
residence, on a parcel or tract of land owned by that person or on a parcel or tract of land 
owned by another person with the written permission of that owner.  A person may 
cultivate the marijuana plants authorized under this subsection at multiple locations so 
long as such cultivation activities otherwise meet all requirements and restrictions of this 
section.
2.  Cultivation of more than 12 mature marijuana plants for personal adult use 
per parcel or tract of land prohibited.  No more than 12 mature marijuana plants for 
personal adult use may be cultivated on any one parcel or tract of land, except that, if a 
municipality adopts an ordinance pursuant to the authority in subsection 4 that allows 
more than 12 but not more than 18 mature marijuana plants for personal adult use to be 
cultivated on any one parcel or tract of land, up to but not exceeding that greater number 
of mature marijuana plants for personal adult use may be cultivated on any one parcel or 
tract of land within that municipality.
3.  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 municipal regulations relating to the home cultivation 
of marijuana for personal adult use that have been adopted by the municipality in 
which the marijuana is cultivated in accordance with subsection 4.
4.  Municipal regulation of home cultivation of marijuana for personal adult use.  
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, including, but not limited to, the adoption of an ordinance allowing 
home cultivation within the municipality of more than 12 mature marijuana plants for 
personal adult use but not more than 18 mature marijuana plants for personal adult use on 
any one parcel or tract of land within the municipality.  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 a municipality.
§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 and an 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 and is subject to any additional criminal or civil penalties 
that may be imposed pursuant to other applicable laws or rules.
Sec. A-7.  
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 
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-8.  Department of Administrative and Financial Services; major 
substantive rulemaking.  
On or before March 15, 2018, the Department of 
Administrative and Financial Services provisionally shall adopt and submit to the 
Legislature for review rules related to the Marijuana Legalization Act established 
pursuant to the Maine Revised Statutes, Title 28-B, chapter 1.
Sec. A-9.  Department of Agriculture, Conservation and Forestry; major 
substantive rulemaking.  
On or before March 15, 2018, the Department of 
Agriculture, Conservation and Forestry provisionally shall adopt and submit to the 
Legislature for review rules related to the Marijuana Legalization Act established 
pursuant to the Maine Revised Statutes, Title 28-B, chapter 1.
Sec. A-10.  
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 1, the department shall begin accepting and 
processing applications for licenses to operate marijuana establishments under the 
Marijuana Legalization Act.
Sec. A-11.  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 department first begins accepting and processing applications under the 
Marijuana Legalization Act and 6 months from that date.
PART B
Sec. B-1.  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, converting, 
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 this 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-B, chapter 1 or 3, to the extent the drug paraphernalia is 
used for that person's adult use of marijuana; or to a marijuana store or a marijuana social 
club licensed pursuant to Title 28-B, chapter 1, to the extent that the drug paraphernalia 
relates to the sale or offering for sale of marijuana by the marijuana store or marijuana 
social club. 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, converting, 
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 drug;
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;
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 short to be held in the hand; 
(6)  Miniature cocaine spoons and cocaine vials; 
(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-2.  25 MRSA §1542-A, sub-§1, ¶O is enacted to read:
O.  Who is required to submit to a criminal history record check pursuant to Title 
28-B, section 204. 
Sec. B-3.  25 MRSA §1542-A, sub-§3, ¶N 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-4.  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 record 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 history record checks for the court and the Department of Public 
Safety, Gambling Control Board, respectively.  Fingerprints taken pursuant to subsection 
1, paragraph J, K or L 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 Department 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 
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 
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 history record checks under Title 
28-B, section 204.
PART C
Sec. C-1.  30-A MRSA §4452, sub-§5, ¶U, as corrected by RR 2007, c. 2, §17, 
is amended to read:
U.  
Standards under a wind energy development certification issued by the 
Department of Environmental Protection pursuant to Title 35-A, section 3456 if the 
municipality chooses to enforce those standards; and
Sec. C-2.  30-A MRSA §4452, sub-§5, ¶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 10, 
chapter 1103.; and
Sec. C-3.  30-A MRSA §4452, sub-§5, ¶W 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.
PART D
Sec. D-1.  36 MRSA §1752, sub-§§1-I, 1-J, 6-D, 6-E, 6-F and 8-E are 
enacted to read:
1-I.  Adult use marijuana.  "Adult use marijuana" has the same meaning as in Title 
28-B, section 102, subsection 1.
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 
as in Title 28-B, section 102, subsection 29.
6-E.  Marijuana social club.  "Marijuana social club" has the same meaning as in 
Title 28-B, section 102, subsection 34.
6-F.  Marijuana store.  "Marijuana store" has the same meaning as in Title 28-B, 
section 102, subsection 35. 
8-E.  Participating municipality.  
"Participating municipality" has the same 
meaning as in Title 28-B, section 102, subsection 41.
Sec. D-2.  36 MRSA §1811, first ¶, as amended by PL 2015, c. 267, Pt. OOOO, 
§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 
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 
warranty; 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 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 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 of renting 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
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:
1.  Distribution of sales tax revenue to municipality in which revenue was 
generated.  Distribute to each municipality with a marijuana store or a marijuana social 
club operating within the municipality during the preceding month 5% of all sales tax 
revenue received by the assessor during the preceding month pursuant to section 1811 
from the marijuana stores and marijuana social clubs operating within that municipality;
2.  Revenue sharing for participating municipalities.  Distribute 1% of the total 
sales tax revenue received by the assessor during the preceding month pursuant to section 
1811 in equal amounts to each municipality that was a participating municipality during 
the preceding month.  On or before the last day of each month, the Department of 
Administrative and Financial Services shall provide the State Controller with a list of all 
the municipalities that were participating municipalities during the preceding month; and
3.  Transfer to Adult Use Marijuana Public Health and Safety Fund.  After the 
distributions made pursuant to subsections 1 and 2, transfer 12% of the remaining 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.
PART E
Sec. E-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: Allocates 12% of marijuana sales tax revenue to facilitate public health and 
safety awareness and education programs, initiatives, campaigns and activities and 
enhanced law enforcement training programs for local, county and state law enforcement 
officers. 
Adult Use Marijuana Public Health and Safety Fund N270
Initiative: Provides allocations for training costs for the Maine Criminal Justice Academy 
related to marijuana enforcement issues.
OTHER SPECIAL REVENUE FUNDS
2017-18
2018-19
All Other
$0
$294,445
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$294,445
Adult Use Marijuana Regulatory Coordination Fund N271
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.
Adult Use Marijuana Regulatory Coordination Fund N271
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. 
Adult Use Marijuana Regulatory Coordination Fund N271
Initiative: Provides funding for All Other costs. 
Adult Use Marijuana Regulatory Coordination Fund N271
Initiative: Provides funding for tracking and traceability system and licensing system 
software.
OTHER SPECIAL REVENUE FUNDS
2017-18
2018-19
All Other
$0
$145,000
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$145,000
GENERAL FUND
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT
14.000
14.000
Personal Services
$172,815
$1,084,225
GENERAL FUND TOTAL
$172,815
$1,084,225
GENERAL FUND
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT
0.000
12.000
Personal Services
$0
$900,000
GENERAL FUND TOTAL
$0
$900,000
OTHER SPECIAL REVENUE FUNDS
2017-18
2018-19
All Other
$175,000
$600,000
OTHER SPECIAL REVENUE FUNDS TOTAL
$175,000
$600,000
Revenue Services, Bureau of 0002
Initiative: Provides an allocation to remit a portion of the marijuana sales tax revenue to 
municipalities.
Revenue Services, Bureau of 0002
Initiative: Provides funding for 2 Tax Examiner positions and related programming and 
All Other costs to process and audit income tax filings.
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Adult Use Marijuana Regulatory Coordination Fund N271
Initiative: Provides funding for one Public Service Manager II position and 6 Consumer 
Protection Inspector positions.
GENERAL FUND
2017-18
2018-19
All Other
$550,000
$0
GENERAL FUND TOTAL
$550,000
$0
OTHER SPECIAL REVENUE FUNDS
2017-18
2018-19
All Other
$0
$125,795
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$125,795
GENERAL FUND
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT
0.000
2.000
Personal Services
$0
$151,272
All Other
$0
$443,261
GENERAL FUND TOTAL
$0
$594,533
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS
2017-18
2018-19
GENERAL FUND
$722,815
$2,578,758
OTHER SPECIAL REVENUE FUNDS
$175,000
$1,165,240
DEPARTMENT TOTAL - ALL FUNDS
$897,815
$3,743,998
Adult Use Marijuana Regulatory Coordination Fund N271
Initiative: Provides funding for one Public Service Coordinator I position, one Planning 
and Research Associate II position, 2 Office Associate II positions and one Chemist II 
position. 
Adult Use Marijuana Regulatory Coordination Fund N271
Initiative: Provides funding for All Other costs. 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
Maine Commission on Indigent Legal Services Z112
Initiative: Adjusts funding to reflect an estimated decrease of $50,000 in fiscal year 2017-
and a decrease of $75,000 annually thereafter to reflect fewer cases of assigned 
counsel related to marijuana offenses.
GENERAL FUND
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT
7.000
7.000
Personal Services
$94,568
$595,481
GENERAL FUND TOTAL
$94,568
$595,481
OTHER SPECIAL REVENUE FUNDS
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT
0.000
5.000
Personal Services
$0
$407,319
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$407,319
OTHER SPECIAL REVENUE FUNDS
2017-18
2018-19
All Other
$25,000
$100,000
OTHER SPECIAL REVENUE FUNDS TOTAL
$25,000
$100,000
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF
DEPARTMENT TOTALS
2017-18
2018-19
GENERAL FUND
$94,568
$595,481
OTHER SPECIAL REVENUE FUNDS
$25,000
$507,319
DEPARTMENT TOTAL - ALL FUNDS
$119,568
$1,102,800
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291
Initiative: Provides funding for one Identification Specialist II position and related costs 
to process criminal history background checks for marijuana establishment operators.
GENERAL FUND
2017-18
2018-19
All Other
($50,000)
($75,000)
GENERAL FUND TOTAL
($50,000)
($75,000)
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON
DEPARTMENT TOTALS
2017-18
2018-19
GENERAL FUND
($50,000)
($75,000)
DEPARTMENT TOTAL - ALL FUNDS
($50,000)
($75,000)
GENERAL FUND
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT
0.000
1.000
Personal Services
$0
$42,135
All Other
$0
$1,566
GENERAL FUND TOTAL
$0
$43,701
HIGHWAY FUND
2017-18
2018-19
Personal Services
$0
$22,688
All Other
$0
$1,274
HIGHWAY FUND TOTAL
$0
$23,962
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS
2017-18
2018-19
GENERAL FUND
$0
$43,701
HIGHWAY FUND
$0
$23,962
DEPARTMENT TOTAL - ALL FUNDS
$0
$67,663
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill, which is an emergency bill and is reported out by the Joint Select 
Committee on Marijuana Legalization Implementation pursuant to Joint Order 2017, H.P. 
96, implements the recommendations of the committee regarding 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.
PART A
This Part 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, while 
retaining the substance of the original Act with the following changes.
1.  The term "adult use marijuana" is used instead of the term "retail marijuana."
2.  It clarifies the distinction between and provides definitions for the terms 
"marijuana plant," "mature marijuana plant," "immature marijuana plant" and "seedling."
3.  It clarifies that any conduct relating to the possession, cultivation, manufacture, 
testing, consumption, sale or offering for sale of marijuana or marijuana products that is 
not specifically authorized under the Act, pursuant to a license issued under the Act or 
pursuant to the Maine Medical Use of Marijuana Act is not authorized and that a person 
who engages in such unauthorized conduct is subject to penalties under the Act and any 
additional criminal or civil penalties that may be imposed under other applicable laws or 
rules.
4.  It retains the division of regulatory authority regarding the regulation of adult use 
marijuana enacted as Public Law 2017, chapter 278, whereby the Department of 
Administrative and Financial Services, referred to in this summary as "the department," is 
designated as the primary regulatory authority in the implementation, administration and 
enforcement of the Act, with the Department of Agriculture, Conservation and Forestry 
retaining regulatory authority concerning the cultivation, manufacture, testing, packaging 
and labeling of adult use marijuana and adult use marijuana products.
SECTION TOTALS
2017-18
2018-19
GENERAL FUND
$767,383
$3,142,940
HIGHWAY FUND
$0
$23,962
OTHER SPECIAL REVENUE FUNDS
$200,000
$1,672,559
SECTION TOTAL - ALL FUNDS
$967,383
$4,839,461
5.  It further clarifies the roles and authorities, including the respective rule-making 
authorities, of the department and the Department of Agriculture, Conservation and 
Forestry in the implementation, administration and enforcement of the Act and provides 
for the provisional adoption of major substantive rules pursuant to the Act by each 
department and the submission of those rules to the Legislature for review pursuant to the 
Maine Administrative Procedure Act on or before March 15, 2018.
6.  It requires the department to implement and administer a tracking system for adult 
use marijuana from immature marijuana plant to the point of retail sale, disposal or 
destruction.
7.  It requires the department to facilitate the collection and analysis of public health 
and safety data relating to the effects of the use of marijuana in the State.
8.  It requires the department to facilitate the development and implementation of 
programs, initiatives and campaigns focused on increasing the awareness of and 
educating the public on health and safety matters relating to the use of marijuana and 
marijuana products.  Such programs, initiatives and campaigns may be funded with a 
portion of the excise tax and sales tax revenues resulting from the sale of adult use 
marijuana and adult use marijuana products.
9.  It requires the department to facilitate the development and implementation of 
programs or initiatives providing enhanced training for criminal justice agencies in the 
requirements and enforcement of the Act.  Such programs and initiatives may be funded 
with a portion of the excise tax and sales tax revenues resulting from the sale of adult use 
marijuana and adult use marijuana products.
10.  It requires the department and the Department of Agriculture, Conservation and 
Forestry to submit to the Legislature an annual report, beginning February 15, 2019, 
which must include specific information and data relating to the regulated market for 
adult use marijuana in the State.
11.  It implements a moratorium on the issuance of adult use marijuana social club 
licenses until June 1, 2019 but provides for the regulation of licensed adult use marijuana 
social clubs after that date.
12.  It removes from the former Marijuana Legalization Act provisions relating to the 
issuance of occupational licenses.
13.  It clarifies general licensing criteria for applicants seeking to operate an adult use 
marijuana establishment, which include a 2-year residency requirement and specific 
additional licensing requirements applicable to the licensing of adult use marijuana 
cultivation facilities.  It removes from the former Marijuana Legalization Act provisions 
relating to preference in licensure for medical marijuana caregivers and medical 
marijuana dispensaries.  It removes from the former Marijuana Legalization Act the caps 
on the number of each license type that may be issued, except that:
A.  It limits the number of marijuana store licenses in common ownership to 4 
marijuana store licenses, but repeals that limitation January 1, 2021; and
B.  It limits the number of cultivation facility licenses in common ownership to 3 
cultivation facility licenses not exceeding a combined licensed plant canopy of 
30,000 square feet.
14.  It separates within the Act the state-level and municipal-level licensing and 
approval processes for adult use marijuana establishments.  An applicant for a license to 
operate an adult use marijuana establishment must submit an application along with the 
required application fee to the department, which, after review, conditionally may 
approve the license.  The licensee may then seek municipal authorization from the 
municipality in which the licensee proposes to operate the marijuana establishment.  A 
municipality, which includes towns, cities and plantations, by adopted ordinance may 
regulate marijuana establishments within the municipality, including, but not limited to, 
through the adoption of:
A.  
Land use regulations applicable to marijuana establishments within the 
municipality;
B.  Municipal licensing requirements applicable to marijuana establishments within 
the municipality that may include the imposition of municipal approval or license 
fees; and
C.  Limitations on the number of any type of marijuana establishment that may be 
approved or licensed to operate within the municipality.
A municipality may not authorize the operation of a marijuana establishment within the 
municipality unless the legislative body of the municipality has voted to generally 
authorize some or all types of marijuana establishments within the municipality, 
including that type of marijuana establishment.  A person that has been issued a 
conditional license by the department may not request municipal authorization to operate 
a marijuana establishment within a municipality unless the legislative body of the 
municipality has voted to generally authorize some or all types of marijuana 
establishments within the municipality, including that type of marijuana establishment.  
Once the department receives certification of municipal authorization and the applicant 
pays the applicable license fee and submits any additional required documentation, the 
department must issue an active license, good for a term of one year from the date of 
issuance.  A licensee may not engage in the cultivation, manufacture, testing, sale or 
offering for sale of marijuana or marijuana products until the licensee has been issued an 
active license by the department.
15.  It revises and clarifies the application process for issuance and renewal of a state 
license to operate an adult use marijuana establishment, including revision of the 
application and license fees to be imposed by the department under the Act.
16.  It revises the manner in which cultivation facilities are to be licensed and 
regulated by removing the statewide limitation on the total amount of licensed plant 
canopy and by authorizing 5 tiers of cultivation facility license types, the smallest of 
which, a tier 1 license, provides for the cultivation of up to 30 mature marijuana plants or 
up to 500 square feet of plant canopy and the largest of which, a tier 4 license, provides 
for the cultivation of up to 30,000 square feet of plant canopy.  It also creates a nursery 
cultivation facility license tier, which allows for the cultivation of immature plants, 
seedlings and seeds and the sale of those immature plants, seedlings and seeds to other 
licensees and to consumers.  A licensee seeking renewal of a tier 4 license may seek 
approval from the department to expand the area of plant canopy authorized under the 
license by 10,000 square feet, so long as certain criteria are met.
17.  It clarifies operational requirements for each type of adult use marijuana 
establishment, including:
A.  Providing for the payment of an excise tax by cultivation facilities on the adult 
use marijuana sold to other licensees;
B.  Providing for the collection and remittance of a sales tax by marijuana stores and 
marijuana social clubs on adult use marijuana and adult use marijuana products sold 
to consumers;
C.  Specifying standards for the extraction of marijuana concentrate by products 
manufacturing facilities;
D.  Specifying standards for the tracking of adult use marijuana and adult use 
marijuana products by each type of adult use marijuana establishment;
E.  Specifying standards for the sharing of facilities for the cultivation, manufacturing 
or sale 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;
F.  Requiring compliance by licensees with applicable packaging, labeling and health 
and safety requirements;
G.  Incorporating standards and requirements applicable to testing facilities as 
enacted in Public Law 2017, chapter 309;
H.  Clarifying sales authorizations and prohibitions applicable to marijuana stores and 
marijuana social clubs, including prohibitions on drive-through sales, sales by use of 
a delivery service, sales by use of an automated vending machine and Internet sales;
I.  Providing that the smoking of marijuana or marijuana products at a marijuana 
social club is prohibited in accordance with state law regarding smoking in public 
places and public areas; and
J.  Prohibiting the employment of any person under 21 years of age by any adult use 
marijuana establishment.
18.  It clarifies and expands upon the standards and requirements for the testing of 
adult use marijuana and adult use marijuana products; the packaging, labeling and health 
and safety of adult use marijuana and adult use marijuana products; and the use of signs, 
advertising and marketing relating to adult use marijuana and adult use marijuana 
products.
19.  It provides for the imposition by the department of monetary penalties on a 
licensee or suspensions or revocations of a licensee's license for a violation of the Act, in 
accordance with the Maine Administrative Procedure Act, and limits the amount of such 
monetary penalties imposed to not more than $10,000 per minor license violation, not 
more than $50,000 per major license violation and not more than $100,000 per major 
license violation affecting public safety.
20.  It establishes the Marijuana Advisory Commission for the 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.
21.  It imposes an excise tax on adult use marijuana to be paid by cultivation facilities 
on adult use marijuana sold to other licensees.  The excise tax is imposed in the following 
amounts:
A.  For marijuana flower or mature marijuana plants, $130 per pound;
B.  For marijuana trim, $36.29 per pound;
C.  For each immature marijuana plant or seedling, $1.50; and
D.  For each marijuana seed, $0.30.
22.  It provides that a cultivation facility licensee monthly must pay directly to the 
municipality in which the cultivation facility is located 5% of the excise tax payments 
required under the Act during the prior month.  All other revenue resulting from the 
imposition of the excise tax on adult use marijuana under the Act must be deposited into 
the General Fund, except that:
A.  One percent of the total monthly other excise tax revenue generated statewide 
must be distributed in equal amounts to each municipality that had a cultivation 
facility, products manufacturing facility, marijuana store or marijuana social club in 
operation within the municipality during the prior month; and
B.  Twelve percent of the remaining total monthly other excise tax revenue after the 
distribution to municipalities under paragraph A must be transferred to the Adult Use 
Marijuana Public Health and Safety Fund.
23.  It establishes the Adult Use Marijuana Public Health and Safety Fund, which is 
primarily funded through dedicated excise and sales tax revenue from the sale of adult 
use marijuana and adult use marijuana products, to be used by the department to facilitate 
public health and safety awareness and education programs, initiatives, campaigns and 
activities and enhanced law enforcement training programs for local, county and state law 
enforcement officers.
24.  It eliminates the Retail Marijuana Regulatory Coordination Fund, which was 
created and funded through the enactment of Public Law 2017, chapter 278, and transfers 
its remaining balances to the new Adult Use Marijuana Regulatory Coordination Fund.
25.  It affects the provisions of the former Marijuana Legalization Act relating to the 
personal use of marijuana and marijuana products and the home cultivation of marijuana 
for personal adult use as follows:
A.  It retains the provisions of the former Marijuana Legalization Act authorizing a 
person 21 years of age or older to purchase from a marijuana store or, where 
applicable, from a marijuana social club and possess for personal use 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;
B.  It clarifies language regarding the transfer or furnishing of marijuana or marijuana 
products, without remuneration, to another person to specify that remuneration 
includes a donation or any other monetary payment received directly or indirectly by 
a person in exchange for goods or services as part of a transaction in which marijuana 
or marijuana products are transferred or furnished by that person to another person;
C.  It authorizes a person 21 years of age or older to purchase up to 12 immature 
marijuana plants or seedlings from a marijuana store or a nursery cultivation facility;
D.  It clarifies the provisions relating to the home cultivation of marijuana for 
personal adult use by authorizing a person 21 years of age or older to grow and 
harvest the marijuana produced by up to 6 mature marijuana plants, up to 12 
immature marijuana plants and an unlimited number of seedlings at that person's 
place of residence, on a parcel or tract of land owned by that person or on a parcel or 
tract of land owned by another person with the written permission of that owner.  It 
provides, however, that no more than 12 mature marijuana plants may be cultivated 
for personal adult use on any one parcel or tract of land, except when the parcel or 
tract of land is located in a municipality that has, by adopted ordinance, authorized 
the cultivation of more than 12 mature marijuana plants for personal adult use but not 
more than 18 mature marijuana plants for personal adult use.  These limitations on 
home cultivation of marijuana for personal adult use do not apply to the cultivation of 
marijuana for medical use by a qualifying patient, a primary caregiver, a registered 
primary caregiver or a registered dispensary under the Maine Medical Use of 
Marijuana Act;  
E.  It retains the provisions relating to the consumption of marijuana and marijuana 
products as enacted by Public Law 2017, chapter 1; and
F.  It prohibits the home extraction of marijuana concentrate by use of inherently 
hazardous substances.
PART B
This Part provides that possession of drug paraphernalia, as prohibited under the 
Maine Revised Statutes, Title 17-A, section 1111-A, does not apply to drug paraphernalia 
relating to the adult use of marijuana by a person as authorized under the Act or to drug 
paraphernalia relating to the sale or offering for sale of marijuana by a licensed adult use 
marijuana store or adult use marijuana social club.
This Part also amends the law concerning the Department of Public Safety, Bureau of 
State Police, State Bureau of Identification as necessary for the State Police and the State 
Bureau of Identification to conduct criminal history record checks on applicants for a 
license to operate an adult use marijuana establishment and on other persons as required 
under the Act. 
PART C
This Part amends the State's laws governing municipal powers and duties to provide 
that plantations have the same powers and duties as cities and towns under the Act.
PART D
This Part amends the tax laws as follows.
1.  It provides for a 10% sales tax on adult use marijuana and adult use marijuana 
products to be imposed at the point of final sale to a consumer by a marijuana store or 
marijuana social club.
2.  It stipulates that all the revenue resulting from the imposition of the sales tax on 
adult use marijuana and adult use marijuana products must be deposited into the General 
Fund, except that:
A.  Five percent of all monthly tax revenue generated within a municipality by all 
marijuana stores and marijuana social clubs within that municipality must be 
distributed to that municipality;
B.  One percent of the total monthly tax revenue generated statewide must be 
distributed in equal amounts to each municipality that had a cultivation facility, 
products manufacturing facility, marijuana store or marijuana social club in operation 
within the municipality during the prior month; and
C.  Twelve percent of the remaining total monthly tax revenue after the distribution to 
municipalities under paragraphs A and B must be transferred to the Adult Use 
Marijuana Public Health and Safety Fund.
PART E
This Part adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)
Approved: 10/20/17
LD 1650     
LR 2395(01)
FY 2017-18
FY 2018-19
Projections 
FY 2019-20
Projections 
FY 2020-21
Net Cost (Savings)
General Fund
$3,021,383
$11,509,680
$3,725,284
($2,763,676)
Highway Fund
$0
$23,962
$24,656
$25,369
Appropriations/Allocations
General Fund
$767,383
$3,142,940
$3,469,439
$3,572,614
Highway Fund
$0
$23,962
$24,656
$25,369
Other Special Revenue Funds
$200,000
$1,672,559
$3,314,102
$4,630,309
Revenue
General Fund
($2,254,000)
($8,366,740)
($255,845)
$6,336,290
Other Special Revenue Funds
$154,000
$1,455,315
$3,157,420
$4,739,785
Transfers
Other Special Revenue Funds
$0
$0
$0
$0
Fiscal Detail and Notes
Fiscal Note
Fiscal Note Required: Yes
Committee: Marijuana Legalization Implementation
An Act To Amend the Marijuana Legalization Act
Fiscal Note for Original Bill
This bill implements the recommendations of the Joint Standing Committee on Marijuana Legalization 
Implementation regarding the establishment of a regulated marketplace in the State for the adult use of marijuana 
under the Marijuana Legalization Act (MLA). The bill retains the division of regulatory authority, with the 
Department of Administrative and Financial Services (DAFS) designated as the primary regulatory authority in the 
implementation, administration and enforcement of the MLA and the Department of Agriculture, Conservation and 
Forestry (ACF) retaining regulatory authority concerning the cultivation, manufacture, testing, packaging and labeling 
of adult use of marijuana and marijuana products. It clarifies the roles and responsibilities, including the respective 
rulemaking authorities, of DAFS and ACF related to the MLA.
LR2395(01) - Fiscal Note - Page 1 of 3
The bill includes General Fund appropriations to DAFS of $172,815 in fiscal year 2017-18 and $1,984,225 in fiscal 
year 2018-19 for 26 permanent positions. The bill also includes Other Special Revenue Funds allocations to DAFS of 
$175,000 in fiscal year 2017-18 and $600,000 in fiscal year 2018-19 for All Other costs associated with these 
positions. The bill also includes a one-time appropriation of $550,000 in fiscal year 2017-18 to DAFS for Tracking 
System and Licensing System software. The bill includes General Fund appropriations to ACF of $94,568 in fiscal 
year 2017-18 and $595,481 in fiscal year 2018-19 for 7 permanent positions. The bill also includes Other Special 
Revenue Funds allocations to ACF of $25,000 and $507,319 in fiscal year 2018-19 for 5 permanent positions and 
related All Other costs. 
The bill creates manufacturing, retail store, social club, testing and tiered cultivation licenses and sets the fee structure 
that DAFS may charge for each license. In fiscal year 2017-18 license revenue is estimated to generate $200,000 in 
Other Special Revenue Funds revenue; in fiscal year 2018-19 this revenue is estimated to increase to $1,209,075. 
General Fund fine revenue is expected to be reduced from fewer marijuana violations. Costs to the Department of the 
Attorney General may be reduced as well. No estimate of these changes is made at this time.
The bill establishes the Adult Use Marijuana Public Health and Safety Fund to facilitate public health and safety 
awareness and education programs, initiatives, campaigns and activities and enhanced law enforcement training 
programs for local, county and state law enforcement officers. The 12% of sales tax revenue dedicated to this fund 
should generate $294,445 in fiscal year 2018-19 and $2,360,040 by fiscal year 2020-21. 
This bill includes General Fund deappropriations of $50,000 in fiscal year 2017-18 and $75,000 in fiscal year 2018-19 
from the Maine Commission on Indigent Legal Services to reflect savings from a reduction in the cost of assigned 
counsel related to marijuana violations.
This bill creates an excise tax on cultivation facilities and distributes 12% of the sales and excise tax revenue received 
to the Adult Use Marijuana Public Health and Safety Fund (see next paragraph) and 6% to municipalities. Maine 
Revenue Services has assumed a delay in the effective date of the sales tax to January 1, 2019. General Fund revenue 
is reduced by $2,254,000 in fiscal year 2017-18 and by $8,366,740 in fiscal year 2018-19 and Local Government Fund 
revenue is reduced by $46,000 in fiscal year 2017-18 and by $174,000 in fiscal year 2018-19. The bill includes an 
Other Special Revenue Funds allocation of $125,795 in fiscal year 2018-19 to the DAFS in order to remit a portion of 
the sales and excise tax to municipalities.
The bill also creates the Adult Use Marijuana Regulatory Coordination Fund and transfers the balance of the Retail 
Marijuana Regulatory Coordination Fund, currently $1,224,246, into it.
If marijuana use increases because of legalization, the number of child welfare cases reported to the Department of 
Health and Human Services could rise. Any increase in the number of investigations is not expected to increase costs 
to the department significantly.
This bill may lead to a reduction in the number of Maine Medical Marijuana Program licenses, as some licensees may 
decide to participate only in the non-medical marijuana industry. If this occurs it would reduce revenue from license 
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.
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 
the increased revenue has not been determined at this time.
LR2395(01) - Fiscal Note - Page 2 of 3
The bill includes an Other Special Revenue Funds allocation of $145,000 to DAFS in fiscal year 2018-19 to reimburse 
the Maine Criminal Justice Academy for enhanced law enforcement training for marijuana enforcement.
The bill includes a General Fund appropriation of $594,533 in fiscal year 2018-19 to 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.
Additional costs to the Department of Labor to consult with DAFS and ACF regarding workplace, employment or 
other labor matters can be absorbed within existing budgeted resources.
LR2395(01) - Fiscal Note - Page 3 of 3