An Act To Change the Oversight Agency for Recreational Marijuana from the Department of Agriculture, Conservation and Forestry to the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations and To Allocate Funds for Implementation (AFTER DEADLINE)
Maine Legislature, Session 128, LD 0243
Committee: Marijuana Legalization Implementation
Sponsors: GIDEON, THIBODEAU, FREDETTE, GOLDEN, HERBIG, CUSHING, JACKSON, LIBBY, MASON
Amends: 7 MRSA §2442, 7 MRSA §2444, 7 MRSA §2444-A

Legislative Document
No. 243
H.P. 176
House of Representatives, January 26, 2017
An Act To Change the Oversight Agency for Recreational 
Marijuana from the Department of Agriculture, Conservation and 
Forestry to the Department of Administrative and Financial 
Services, Bureau of Alcoholic Beverages and Lottery Operations 
and To Allocate Funds for Implementation
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Joint Select Committee on Marijuana Legalization Implementation 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker GIDEON of Freeport.
Cosponsored by President THIBODEAU of Waldo and
Representatives: FREDETTE of Newport, GOLDEN of Lewiston, HERBIG of Belfast, 
Senators: CUSHING of Penobscot, JACKSON of Aroostook, LIBBY of Androscoggin, 
MASON of Androscoggin.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, implementing a system for the regulation and administration of the 
cultivation, distribution and retail sale of recreational marijuana, a controlled substance, is 
a complex function with significant financial costs; and 
Whereas, ensuring that possession and use of recreational marijuana is limited to 
persons who are 21 years of age and older is necessary to protect those who have not yet 
reached adulthood from the potential negative effects of irresponsible use of a controlled 
substance; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §2442, sub-§9, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
9.  Department.  "Department" means the Department of Agriculture, Conservation 
and Forestry Administrative and Financial Services, Bureau of Alcoholic Beverages and 
Lottery Operations. 
Sec. 2.  7 MRSA §2444, first ¶, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
For the purpose of regulating and controlling the licensing of the cultivation, 
manufacture, distribution, testing and sale of retail marijuana and retail marijuana 
products in this State, the state licensing authority is the Department of Agriculture, 
Conservation and Forestry Director of the Bureau of Alcoholic Beverages and Lottery 
Operations within the Department of Administrative and Financial Services. 
Sec. 3.  7 MRSA §2444, sub-§1, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
1.  Director is chief administrative officer.  The Commissioner of Agriculture, 
Conservation and Forestry Director of the Bureau of Alcoholic Beverages and Lottery 
Operations within the Department of Administrative and Financial Services is the chief 
administrative officer of the state licensing authority and may employ such officers and 
employees as may be determined to be necessary. The state licensing authority has the 
authority to: 
A.  Grant or refuse licenses for the cultivation, manufacture, distribution, sale and 
testing of retail marijuana and retail marijuana products as provided by this chapter;  
B.  Suspend, fine, restrict or revoke licenses under paragraph A upon a violation of 
this chapter or any rule adopted pursuant to this chapter; and 
C.  Impose any penalty authorized by this chapter or any rule adopted pursuant to this 
chapter. 
Sec. 4.  7 MRSA §2444-A is enacted to read: 
§2444-A.  Retail Marijuana Regulatory Coordination Fund 
The Retail Marijuana Regulatory Coordination Fund, referred to in this section as 
"the fund," is established as a dedicated, nonlapsing other special revenue fund in the 
Bureau of Alcoholic Beverages and Lottery Operations within the Department of 
Administrative and Financial Services.  The fund is administered and used by the 
Director of the Bureau of Alcoholic Beverages and Lottery Operations for the purposes of 
adopting rules and establishing regulatory procedures as required by this chapter.  To 
facilitate rulemaking and the establishment of a regulatory framework for the cultivation, 
distribution and sale of retail marijuana, the director may expend funds from the fund to 
enter into contracts with consultants and employ staff, as determined necessary by the 
director, conduct meetings with stakeholders and conduct other activities related to the 
operation of this chapter. 
Sec. 5.  Transfer from General Fund unappropriated surplus; Retail 
Marijuana Regulatory Coordination Fund, Other Special Revenue Funds 
account; fiscal year 2016-17.  Notwithstanding any other provision of law, the State 
Controller shall transfer $1,600,000 from the General Fund unappropriated surplus to the 
Retail Marijuana Regulatory Coordination Fund program, Other Special Revenue Funds 
account within the Department of Administrative and Financial Services no later than 
February 15, 2017. 
Sec. 6.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Retail Marijuana Regulatory Coordination Fund N233 
Initiative: Allocates funds to establish the Retail Marijuana Regulatory Coordination 
Fund. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
OTHER SPECIAL REVENUE 
FUNDS 
2016-17 
2017-18
2018-19
All Other 
$1,600,000 
$0
$0
OTHER SPECIAL REVENUE 
FUNDS TOTAL 
$1,600,000 
$0
$0
SUMMARY 
This bill changes the state licensing authority under the Marijuana Legalization Act 
from the Department of Agriculture, Conservation and Forestry to the Director of the 
Bureau of Alcoholic Beverages and Lottery Operations within the Department of 
Administrative and Financial Services.  It also establishes the Retail Marijuana 
Regulatory Coordination Fund to be used by the director for rulemaking and other duties 
related to implementation of a regulatory scheme for the cultivating, distribution and sale 
of retail marijuana.  This bill also transfers $1,600,000 from unappropriated General Fund 
surplus to the fund.