An Act To Implement a Regulatory Structure for Adult Use Marijuana
Maine Legislature, Session 128, LD 1719
Committee Amendment CA_B_H734 (House)
Amends: 5 MRSA §12004, 7 MRSA §2442, 7 MRSA §2460, 7 MRSA §2443-A, 7 MRSA §2444, 7 MRSA §2445, 7 MRSA §2446, 7 MRSA §2447, 7 MRSA §2448, 7 MRSA §2449, 7 MRSA §2452, 7 MRSA §2453, 7 MRSA §2454, 7 MRSA §2455, 36 MRSA §1817, 36 MRSA §1818, 15 MRSA §5821, 15 MRSA §5821-B, 17-A MRSA §1103, 17-A MRSA §1105-D, 17-A MRSA §1106, 17-A MRSA §1107-A, 17-A MRSA §1111-A, 17-A MRSA §1114, 17-A MRSA §1115, 17-A MRSA §1117

COMMITTEE AMENDMENT" e,, to H.P. 1199, L.D. 1719, Bill, "An Act To 
Implement a Regulatory Structure for Adult Use Marijuana" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Liberty and Administer Justice in the Implementation and 
Enforcement of the Marijuana Legalization Act and To Replace the Term 
"Marijuana" with the Term "Cannabis" in the Maine Revised Statutes' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'PART A 
Sec. A-1. 5 MRSA §12004-1, sub-§§52-C and 52-D are enacted to read: 
52-C. 
Judiciary: 
Marijuana 
52-D. 
Judiciary: 
Marijuana 
Marijuana Advisory 
Expenses Only 
Commission 
Special Commission Expenses Only 
on Impaired Driving 
Sec. A-2. 7 MRSA §2442, sub-§23-B is enacted to read: 
MRSA §2460 
7MRSA §2459 
23-B. Mature marijuana plant. "Mature marijuana plant" means a marijuana plant 
that is flowering. 
Sec. A-3. 7 MRSA §2442, sub-§24-A is enacted to read: 
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COMMITTEE AMENDMENT b» to H.P. 1199, L.D. 1719 
24-A. Municipality. "Municipality" means a city, town or plantation that is not 
located within the unorganized and deorganized areas; a town or plantation that is located 
within the unorganized and deorganized areas; or in the case of a township that is located 
within the unorganized and deorganized areas, the county commissioners of the county in 
which the township is located. 
Sec. A-4. 7 MRSA §2442, sub-§29, as enacted by IB 2015, c. 5, §1, is amended 
to read: 
29. Plant canopy. 
"Plant canopy" means the area upon the licensed premises 
dedicated to live plant cultivation, sach as maintaining mother plants, propagating plants 
from seed to plant tissue, cloning and maintaining a vegetative or flo·wering area. "Plant 
canopy" does not include areas such as space for storage of fertilizers, pesticides or other 
products, quarantine areas, office space, 1,11alkv,rays, VIOrk areas and other similar areas 
total surface area within the licensed premises of a retail marijuana cultivation facility 
that is authorized by the state licensing authority for use at any time by the retail 
marijuana cultivation facility licensee to cultivate mature marijuana plants. The surface 
area of the plant canopy must be calculated in square feet and measured using the outside 
boundaries of the area and must include all of the area within the boundaries. If the 
surface area of the plant canopy consists of noncontiguous areas. each component area 
must be separated by identifiable boundaries. If a tiered or shelving system is used by the 
retail marijuana cultivation facility licensee. the surface area of each tier or shelf must be 
included in calculating the area of the plant canopy. 
Sec. A-5. 7 MRSA §2442, sub-§41-A is enacted to read: 
41-A. Sale or sell. "Sale" or "sell" means a transfer or delivery of marijuana or 
marijuana products for consideration. 
Sec. A-6. 7 MRSA §2442, sub-§46-A is enacted to read: 
46-A. Unorganized and deorganized areas. "Unorganized and deorganized areas" 
has the same meaning as in Title 12. section 682, subsection 1. 
Sec. A-7. 7 MRSA §2443-A is enacted to read: 
§2443-A. Unauthorized conduct 
Except as otherwise provided in this chapter. in the rules adopted pursuant to this 
chapter 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: 
1. Cultivate, manufacture or test. 
Cultivate, manufacture or test marijuana or 
marijuana products; 
2. Sell or offer for sale. Sell or offer for sale marijuana or marijuana products; or 
3. Use, possess, transport, transfer, furnish or purchase. Use, possess, transport. 
transfer. furnish or purchase marijuana or marijuana products. 
Sec. A-8. 7 MRSA §2444, sub-§2, as amended by PL 2017, c. 278, §4, is further 
amended to read: 
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COMMITTEE AMENDMENT '\V" to H.P. 1199, L.D. 1719 
2. Adoption of rules by state licensing authority. The state licensing authority 
shall adopt rules for the proper regulation and control of the distribution, tracking and 
sale by retail marijuana stores of retail marijuana and retail marijuana products; for the 
licensing and operation of retail marijuana social clubs; and for the enforcement of this 
chapter and shall amend rules as necessary. For the purpose of adopting and amending 
rules pursuant to this subsection, the commissioner may delegate rule making authority 
granted under this section to consult with the Commissioner of Agriculture, Conservation 
and Forestry, the Commissioner of Labor or the Commissioner of Public Safety if the 
commissioner determines that the expertise and resources of those other departments 
would be beneficial in the development of the rules and the enforcement of those rules. 
+hese Unless specified otherwise in this chapter, these rules are major substantive rules 
pursuant to Title 5, chapter 375, subchapter 2-A. Rules must address but are not limited 
to the following issues: 
A. The appeal of the denial of a license issued pursuant to this chapter at a public 
hearing, employing full due process, including the subpoena power, the taking of 
oaths, the calling of witnesses and the maintaining of the confidentiality of customer 
records, Provision must be made for the conduct of appeal hearings following license 
actions, including, but not limited to, the denial of a license renewal or of an initial 
license and license revocation and suspension, and hearings contesting the imposition 
ofa fme; 
B. The development of such forms, licenses, identification cards and applications as 
necessary for the administration of this chapter or of any of the rules adopted under 
this chapter; 
C. The preparation and transmission annually, in the form and manner prescribed by 
this chapter, of a report to the Legislature accounting for the efficient discharge of all 
responsibilities assigned by law or rules to the state licensing authority; 
D. Procedures consistent with this chapter for the issuance, renewal, suspension and 
revocation of licenses to operate retail marijuana establishments and retail marijuana 
social clubs; 
F. Qualifications for licensure including, but not limited to, the requirement for a 
fingerprint-based · criminal history record check for all owners, officers, managers, 
employees and other support staff of entities licensed pursuant to this chapter; and 
G. Security requirements for any premises licensed as retail marijuana stores, retail 
marijuana testing facilities and retail marijuana social clubs under this chapter 
including, at a minimum, lighting, physical security, alarm requirements and other 
minimum procedures for internal control as determined necessary by the state 
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licensing authority to properly administer and enforce the provisions of this chapter, 
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including reporting requirements for changes, alterations or modifications to the 
licensed premises. Security requirements may not be unreasonably impracticable. 
Sec. A-9. 7 MRSA §2444, sub-§3, as enacted by PL 2017, c. 278, §4, is amended 
to read: 
3. 
Adoption of rules after consultation with Commissioner of Agriculture, 
Conservation and Forestry. 
The state licensing authority shall consult with the 
Commissioner of Agriculture, Conservation and Forestry shall and adopt rules for the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'P" to H.P. 1199, L.D. 1719 
proper regulation and control of the cultivation, manufacture and testing of retail 
marijuana and retail marijuana products and shall amend rules as necessary. For the 
purpose of adopting and amending rules pursuant to this subsection, the Commissioner of 
AgFieulture, Conservation and Forestry may delegate mle making auth01'ity granted under 
this seetion to the Commissioner of Administrative and Finaneial Serviees, state licensing 
authority may also consult with the Commissioner of Labor or the Commissioner of 
Public Safety if the Commissioner of Agrieulture, Conservation and Forestry 
commissioner determines that the expertise and resources of those other departments 
would be beneficial in the development of the rules and the enforcement of those rules. 
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 
5, chapter 375, subchapter 2-A. Rules must address but are not limited to the following 
issues: 
A. The appeal of the denial of a license issued pursuant to this chapter at a public 
hearing, employing full due process, including the subpoena power, the taking of 
oaths, the calling of witnesses and the maintaining of the confidentiality of customer 
records. Provision must be made for the conduct of appeal hearings following license 
actions, including, but not limited to, the denial of a license renewal or of an initial 
license and license revocation and suspension, and hearings contesting the imposition 
of a fine; 
B. The development of any forms, licenses, identification cards and applications that 
are necessary for the administration of this chapter or of any of the rules adopted 
under this chapter; 
C. The preparation and transmission annually, in the fotm and manner prescribed by 
this chapter, of a report to the Legislature accounting for the efficient discharge of all 
responsibilities assigned by law or rules to the Denartment of A~rienltnre_ 
Conservation and Forestry state licensing authority; 
D. Procedures consistent with this chapter for the issuance, renewal, suspension and 
revocation of licenses to operate retail marijuana cultivation facilities, retail 
marijuana production facilities and retail marijuana testing facilities; 
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E. Limits on the concentration of THC and other cannabinoids per serving in any 
retail marijuana product; 
F. Security requirements for any premises licensed as a retail marijuana cultivation 
facility, retail marijuana products manufacturing facility or retail marijuana testing 
facility under this chapter including, at a minimum, lighting, physical security, alarm 
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requirements and other minimum procedures for internal control as determined 
necessary by the state licensing authority to properly administer and enforce the 
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provisions of this chapter, including reporting requirements for changes, alterations 
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or modifications to the licensed premises. 
Security requirements may not be 
unreasonably impracticable; and 
G. Securing and recording permission for a local fire department or the State Fire 
Marshal to conduct an annual fire inspection of a retail marijuana cultivation facility. 
Sec. A-10. 7 MRSA §2445, first,, as amended by PL 2017, c. 309, §6, is further 
amended to read: 
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COMMITTEE AMENDMENT:0 "to H.P. 1199, L.D. 1719 
Beginning February 1, 2018, the The state licensing authority shall establish an 
independent testing and certification program for retail marijuana and retail marijuana 
products. Except as otherwise provided in this section, the program must require a retail 
marijuana licensee, prior to selling or furnishing retail marijuana or a retail marijuana 
product to a consumer or to another licensee, to submit the marijuana or marijuana 
product to a retail marijuana testing facility for testing pursuant to this section to ensure 
that the marijuana or marijuana product does not exceed the maximum level of allowable 
contamination for any contaminant that is injurious to health and for which testing is 
required and to ensure correct labeling. The state licensing authority, after consultation 
with the Commissioner of Agriculture, Conservation and Forestry~ shall adopt rules 
identifying the types of contaminants that are injurious to health for which marijuana and 
marijuana products must be tested under this section and the maximum level of allowable 
contamination for each contaminant. 
Sec. A-11. 7 MRSA §2445, sub-§§1 and 2, as amended by PL 2017, c. 309, §6, 
are fmther amended to read: 
1. Mandatory testing. A retail marijuana licensee may not sell or furnish retail 
marijuana or a retail marijuana product to a consumer or to another licensee under this 
chapter unless the marijuana or marijuana product has been tested pursuant to this section 
and rules adopted pursuant to this section 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. Mandatory testing of retail marijuana and retail marijuana products under this 
section must include, but is not limited to, testing for residual solvents, poisons and 
toxins; harmful chemicals; dangerous molds and mildew; harmful microbes, including, 
but not limited to, Escherichia coli and salmonella; pesticides, fungicides and 
insecticides; and THC potency, homogeneity and cannabinoid profiles for correct 
labeling. The Commissioner of Agriculture, Conservation and Forestry state licensing 
authority 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 testing industry. 
2. Notification requirements. 
If the results of a mandatory test required under 
subsection 1 indicate that the tested marijuana or maiijuana 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 shall immediately 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. If the results of a mandatory test indicate that the tested 
marijuana or 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 shall within 30 days of completing the test notify the Department of 
Agriculture, Conservation and Forestry state licensing authority of the test results. A 
testing facility is not required to notify the Department of Agriculture, Conservation and 
Forestry state licensing authority of the results of any test: 
A. 
Conducted on marijuana or a marijuana product at the direction of a retail 
marijuana licensee pursuant to subsection 1 that demonstrates that the marijuana or 
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COMMITTEE AMENDMENT "b "to H.P. 1199, L.D. 1719 
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 marijuana or a marijuana product at the direction of a retail 
marijuana licensee for research and development purposes only, as 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 a substance that is not marijuana or a marijuana product at the 
direction of any person; or 
D. Conducted on marijuana or a marijuana product at the direction of any person 
who is not a retail marijuana licensee. 
Sec. A-12. 7 MRSA §2446, sub-§2, as amended by PL 2017, c. 278, §6, is 
further amended to read: 
2. Health and safety rules. The state licensing authority and the Department of 
Agriculture, Conservation and Forestry, as provided in, in accordance with section 2444, 
subsections 2 and 3, shall adopt health and safety rules, which are major substantive 
routine technical rules pursuant to Title 5, chapter 3 7 5, subchapter 2-A, and standards for 
the manufacture of retail marijuana products, the sale of retail marijuana by a retail 
marijuana store and the cultivation of retail marijuana, which must include: 
A. Limitations on the display of retail marijuana and retail marijuana products; 
B. Regulation of the storage of, warehouses for and transportation of retail marijuana 
and retail marijuana products; and 
C. 
Sanitary requirements for retail marijuana establishments, including but not 
limited to sanitary requirements for the preparation ofretail marijuana products. 
Sec. A-13. 7 MRSA §2446, sub-§3, as enacted by IB 2015, c. 5, §1, is amended 
to read: 
3. 
Training for local jurisdictions and law enforcement officers. 
The state 
licensing authority shall adopt rules, which are major substanfr;e routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A, and processes for training local 
jurisdictions and law enforcement officers in the law, including the requirements for 
inspections, investigations, searches, seizures, forfeitures restorative justice, jail 
diversion, marijuana industry-specific technical assistance, mentoring programs for 
economically disadvantaged persons in communities disproportionately affected by high. 
rates of arrest and incarceration for marijuana-related offenses and such additional 
activities as may become necessary from time to time. 
Sec. A-14. 7 MRSA §2446, sub-§5, as enacted by PL 2017, c. 1, §8, is repealed. 
Sec. A-15. 7 MRSA §2447, first 1, as amended by PL 2017, c. 1, §9, is further 
7 
amended to read: 
Beginning February 1, 2018, an An application for a license under the provisions of 
this chapter must be made to the state licensing authority on forms prepared and furnished 
by the state licensing authority and must set forth such information as the state licensing 
authority may require to enable the state licensing authority to determine whether a 
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COMMITTEE AMENDMENT ,b,, to H.P. 1199, L.D. 1719 
license should be granted. The information must include the name and address of the 
applicant and the names and addresses of the applicant1s officers, directors or managers. 
Each application must be verified by the oath or affirmation of such person or persons as 
the state licensing authority may prescribe. The state licensing authority may issue a 
license to an applicant pursuant to this section upon completion of the applicable criminal 
history record check. associated with the application. The license is conditioned upon 
municipal approval. 
An applicant is prohibited from operating a retail marijuana 
establishment or retail marijuana social club without state licensing authority and 
municipal approval. If the applicant does not receive municipal approval within one year 
from the date of state licensing authority approval, the license expires and may not be 
renewed. If an application is not approved by the municipality, the state licensing 
authority shall revoke the license. 
Sec. A-16. 7 MRSA §2447, sub-§1, ~' as enacted by IB 2015, c. 5, §1, is 
amended to read: 
H. 
The state licensing authority shall adopt rules, which are majol' substantive 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, for a 
streamlined application process for registered caregivers and principal officers or 
board members of dispensaries registered with the Depmtment of Health and Human 
Services pursuant to the Maine Medical Use of Marijuana Act, which must include an 
initial site inspection confirming compliance with this chapter. 
Sec. A-17. 7 MRSA §2447, sub-§§5 and 6, as enacted by IB 2015, c. 5, §1, are 
repealed. 
Sec. A-18. 7 MRSA §2448, as amended by PL 2017, c. 309, §§7 to 9, is further 
amended to read: 
§2448, Classes of licenses; license provisions 
1. State licensing authority may issue license. For the purpose of regulating the 
cultivation, manufacture, distribution, sale and testing of retail marijuana and retail 
marijuana products, the state licensing authority, in its discretion, upon receipt of an 
application in the prescribed form, may issue and grant to the applicant a license from one 
or more of the following classes, subject to the provisions and restrictions provided by 
this chapter: 
A. Retail marijuana store license; 
B. Retail marijuana cultivation facility license; 
C. Retail marijuana products manufacturing facility license; 
D. Retail marijuana testing facility license; 
E. Retail marijuana social club license; aflEi 
F. 
Occupational licenses and registrations for owners, managers, operators, 
employees, contractors and other support staff employed at, working in or having 
access to restricted access areas of the licensed premises, as determined by the state 
licensing authority7~ 
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COMMITTEEAMENDMENT,h"toH.P. 1199,L.D. 1719 
G. 
Retail marijuana and retail marijuana products delivery and storage service 
licenses; 
H. Transportation licenses for distribution between retail marijuana licensees; 
I. Special event licenses permitting the consumption of marijuana and marijuana 
products on the premises of the event location; and 
J. Research cultivation and research product manufacturing licenses. 
For license classes authorized under this subsection, the state licensing authority shall 
ensure that the license privileges encourage competition with the unregulated recreational 
marijuana market and allow for small-scale cultivators or products manufacturers to have 
a streamlined application process for licenses that authorize retail sales directly to 
consumers. The state licensing authority shall adopt rules to facilitate Internet-based 
transactions by licensees under this chapter. The state licensing authority shall adopt 
rules to facilitate the provisions of this subsection. 
Rules adopted pursuant to this 
subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
2. Licensee to collect tax. A retail marijuana store licensee or retail marijuana 
social club licensee shall collect sales tax on all retail sales made at -a the retail marijuana 
store or retail marijuana social club, respectively. 
3. 
Retail marijuana store license. 
The following provisions govern a retail 
marijuana store. 
A. A licensed retail marijuana store may sell only retail marijuana, retail marijuana 
products, marijuana accessories, nonconsumable products such as apparel and 
marijuana-related products such as child-resistant containers, but is prohibited from 
selling or giving away any consumable product, including but not limited to 
cigarettes, alcohol and edible products that do not contain marijuana, including but 
not limited to sodas, candies and baked goods. Automatic dispensing machines that 
contain retail marijuana and retail marijuana products are prohibited. 
A-1. 
Except as provided in paragraph A-2, a person may not consume retail 
marijuana or retail marijuana products on the licensed premises of a retail marijuana 
store and a retail marijuana store licensee may not allow a person to consume retail 
marijuana or retail marijuana products on its licensed premises. 
A-2. The state licensing authority may issue to a retail marijuana store licensee a 
temporaiy on-premises consumption license that authorizes the licensee to allow the 
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consumption of retail marijuana and retail marijuana products on its licensed 
premises during a specified event or for a limited period of time. The state licensing 
5 
authority, as part of a pilot program developed by the state licensing authority by 
rule, may issue to a retail marijuana store licensee a permanent on-premises 
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consumption license that generally authorizes the licensee to allow the consumption 
of retail marijuana and retail marijuana products on its licensed premises. The state 
9 
licensing authority shall adopt rules to implement this paragraph. Rules adopted 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
B. A retail marijuana store licensee shall track all of its retail marijuana and retail 
marijuana products from the point at which they are transferred from a retail 
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COMMITTEE AMENDMENT'})'' to H.P. 1199, L.D. 1719 
marijuana cultivation facility or retail marijuana products manufacturing facility to 
the point of sale. 
All retail marijuana and retail marijuana products sold at a licensed retail marijuana 
store must be packaged and labeled as required by rules of the state licensing 
authority and pursuant to section 2446, subsection 1. Notwithstanding the provisions 
of this section, a retail marijuana store licensee may also sell retail marijuana 
products that are prepackaged and labeled as required by rules of the state licensing 
authority and pursuant to section 2446, subsection 1. 
C. A person must be 21 years of age or older to make a purchase in a retail marijuana 
store. 
(I) Prior to initiating a sale, the employee of the retail marijuana store making 
the sale shall verify that the purchaser has a valid government-issued 
identification card, or other acceptable identification, showing that the purchaser 
is 21 years of age or older. 
If a person under 21 years of age presents a 
fraudulent proof of age, any action relying on the fraudulent proof of age may not 
be grounds for the revocation or suspension of any license issued under this 
chapter. 
(2) The state licensing authority shall adopt rules, which are routine technical 
rules as described in Title 5, chapter 375, subchapter 2-A, to prohibit certain 
signs, marketing and adve1tising, including but not limited to a prohibition on 
mass-market campaigns that have a high likelihood of reaching persons under 21 
years of age. 
These rules may include: 
(a) 
A prohibition on health or physical benefit claims in advertising, 
merchandising and packaging; 
(b) A prohibition on unsolicited advertising on the Internet; 
(c) A prohibition on opt-in marketing that does not permit an easy and 
permanent opt-out feature; and 
( d) 
A prohibition on marketing directed toward location-based devices, 
including but not limited to cellular phones, unless the marketing is a mobile 
device application installed on the device by the owner of the device who is 
years of age or older and includes a permanent and easy opt-out feature. 
(3) A magazine whose primary focus is marijuana or marijuana businesses may 
be sold only in a retail marijuana store or behind the counter in an establishment 
where persons under 21 years of age are present. 
( 4) A retail marijuana product may not contain an additive designed to make the 
product more appealing to children. 
(5) Notwithstanding any other provision of state law, sales of retail marijuana 
and retail marijuana products are not exempt from state sales tax. 
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(6) Nothing in this chapter may be construed to limit a law enforcement agency's 
ability to investigate unlawful suspected criminal activity in relation to a retail 
marijuana establishment or retail marijuana social club. 
A law enforcement 
agency may run a Maine criminal history record check of a licensee, or employee 
of a licensee, during an investigation of unlawful suspected criminal activity 
related to retail marijuana and retail marijuana products. 
D. Retail marijuana and retail marijuana products may be transported between a 
licensed retail marijuana store and retail marijuana stores, retail marijuana cultivation 
facilities, retail marijuana products manufacturing facilities, retail marijuana social 
clubs and retail marijuana testing facilities. Upon encountering the representative of 
a retail marijuana store licensee who is transporting marijuana and marijuana 
products on behalf of the licensee, a law enforcement officer shall presume that the 
transportation of marijuana and marijuana products by the representative is legal and 
in compliance with this chapter. 
4. Retail marijuana cultivation facility license. The state licensing authority shall 
create a statewide licensure class system for retail marijuana cultivation facilities. The 
state licensing authority shall consult with the Commissioner of Agriculture, 
Conservation and Forestry shall to adopt rules to implement the statewide licensure class 
system. 
The licensure class system must establish license tiers and associated fees, 
including a nursery cultivation facility license allowing for the sale of marijuana seeds 
and immature marijuana plants, that is designed to encourage participation by farmers 
and businesses of all sizes. 
The maximum plant canopy size for a retail marijuana 
cultivation facility license is 15,000 square feet. 
For the lowest retail marijuana 
cultivation facility license tier, an application fee may not exceed $100 and the license fee 
may not exceed $500. For the highest retail marijuana cultivation facility license tier, the 
application fee may not exceed $500 and the license fee may not exceed $15,000. The 
licensure class system must also provide for licenses authorizing the operation of small 
cultivator cooperatives, and the state licensing authority shall also consider any 
recommendations made as part of the report described under section 2458. For the first 
year of implementation of the licensure class system, no more than 40% of the marijuana 
cultivation facility licenses issued may authorize more than 3,000 square feet of plant 
canopy. 
The state licensing authority may not license multiple retail marijuana 
cultivation facilities on a single parcel or tract of land that would allow more than a total 
of 15,000 square feet of plant canopy among all licensees operating on that single parcel 
or tract of land. Rules adopted pursuant to this subsection are majol' substantive routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
A. The following provisions govern retail marijuana cultivation facilities. 
(1) A retail marijuana cultivation facility licensee is permitted to cultivate retail 
marijuana for sale and distribution only to licensed retail marijuana stores, retail 
marijuana products manufacturing facilities, other retail marijuana cultivation 
facilities or retail marijuana social clubs. 
(2) A retail marijuana cultivation facility may have a retail marijuana store if it is 
located on the same licensed premises as the retail marijuana cultivation facility. 
If the retail marijuana cultivation facility chooses the option to have a retail 
marijuana store, it must meet all requirements set by the state licensing authority, 
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the Department of Agriculture, Conservation and Forestry and the municipality in 
which it is located. A retail marijuana store located on the licensed premises of a 
retail marijuana cultivation facility does not count against any municipal limits 
on the number of retail marijuana stores. 
(3) A retail marijuana cultivation facility shall track the marijuana it cultivates 
from seed, clone or immature plant to wholesale purchase. The Commissioner of 
Agriculture, .Conservation and Forestry state licensing authority may not make 
rules that are unreasonably impracticable concerning the tracking of marijuana 
from seed, clone or immature plant to wholesale purchase. 
(4) A retail marijuana cultivation facility may provide, except as required by 
subsection 6, a sample of its products to a retail marijuana testing facility for 
testing and research purposes. 
A retail marijuana cultivation facility shall 
maintain a record of what was provided to the retail marijuana testing facility, the 
identity of the retail marijuana testing facility and the testing results. 
B. 
Retail marijuana may be transported between a licensed retail marijuana 
cultivation facility and retail marijuana stores, other retail marijuana cultivation 
facilities, retail marijuana products manufacturing facilities, retail marijuana social 
clubs and retail marijuana testing facilities. Upon encountering the representative of 
a retail marijuana cultivation facility licensee who is transporting marijuana and 
marijuana products on behalf of the licensee, a law enforcement officer shall presume 
that the transportation of marijuana and marijuana products by the representative is 
legal and in compliance with this chapter. 
5. 
Retail marijuana products manufacturing facility license. 
The following 
provisions govern retail marijuana products manufacturing facilities and the preparation 
of retail marijuana products. 
A. 
The following provisions govern retail marijuana products manufacturing 
facilities. 
(1) A retail marijuana products manufacturing facility licensee is permitted to 
manufacture retail marijuana products pursuant to the terms and conditions of 
this chapter. 
(2) A retail marijuana products manufacturing facility may cultivate its own 
retail marijuana if it obtains a retail marijuana cultivation facility license, or it 
may purchase retail marijuana from a licensed retail marijuana cultivation 
facility. A retail marijuana products manufacturing facility licensee shall track 
all of its retail marijuana from the point it is either transferred from its retail 
marijuana cultivation facility or the point when it is delivered to the retail 
marijuana products manufacturing facility from a licensed retail marijuana 
cultivation facility to the point of transfer to a licensed retail marijuana store, 
retail marijuana social club or retail marijuana testing facility. 
B. A retail marijuana products manufacturing facility licensee may not: 
(1) Add any marijuana to a food product if the manufacturer of the food product 
holds a trademark to the food product's name, except that a retail marijuana 
products manufacturing facility licensee may use a trademarked food product if 
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COMMITIEE AMENDMENT "P" to H.P. 1199, L.D. 1719 
the licensee uses the product as a component or as patt of a recipe and if the 
licensee does not state or advertise to the consumer that the final retail marijuana 
product contains a trademarked food product; 
(2) Intentionally or knowingly label or package a retail marijuana product in a 
manner that would cause a reasonable consumer confusion as to whether the 
retail marijuana product was a trademarked food product; 
(3) Label or package a product in a manner that violates any federal trademark 
Jaw or regulation; or 
(4) Include harmful additives in any retail marijuana product, including, but not 
limited to, those that are toxic, designed to make the product more addictive and 
designed to · make the product more appealing to children or misleading · to 
consumers, but not including common baking and cooking items. 
C. The following provisions govem the preparation of retail marijuana products. 
(1) Retail marijuana products must be prepared on licensed premises that are 
used exclusively for the manufacture and preparation of retail marijuana or retail 
marijuana products and prepared using equipment that is used exclusively for the 
manufacture and preparation of retail marijuana and retail marijuana products. 
(2) All licensed premises in which retail marijuana products are manufactured 
must meet the sanitary standards for retail marijuana product preparation adopted 
pursuant to section 2446, subsection 2 and must be licensed as commercial 
kitchens by the Department of Health and Human Services. 
(3) 
Retail marijuana products must be packaged, sealed and conspicuously 
labeled in compliance with this chapter and any rules adopted pursuant to this 
chapter. 
(4) A retail marijuana products manufacturing facility licensee may provide a 
sample of the licensee's products to a licensed retail marijuana testing facility 
pursuant to subsection 6 for testing and research purposes. A retail marijuana 
products manufacturing facility licensee shall maintain a record of what was 
provided to the retail marijuana testing facility, the identity of the testing facility 
and the results of the testing. 
(5) 
A retail marijuana products manufacturing facility licensee may list 
ingredients and compatibility with dietary practices on an edible retail marijuana 
product. 
(6) All retail marijuana products that require refrigeration to prevent spoilage 
must be stored and transported in a refrigerated environment. 
D. Nothing in this chapter may be construed to limit a law enforcement agency's 
ability to investigate unlawful suspected criminal activity in relation to a retail 
marijuana establishment. A law enforcement agency may run a Maine criminal 
history record check of a licensee, or employee of a licensee, during an investigation 
of unlawful suspected criminal activity related to retail marijuana and retail marijuana 
products. 
COMMITTEE AMENDMENT 
J 
COMMITTEE AMENDMENT" b· to H.P. 1199, L.D. 1719 
E. Retail marijuana products may be transported between a licensed retail marijuana 
products manufacturing facility and retail marijuana stores, other retail marijuana 
products manufacturing facilities, retail marijuana social clubs and retail marijuana 
testing facilities. Upon encountering the representative of a retail marijuana products 
manufacturing facility licensee who is transporting marijuana and marijuana products 
on behalf of the licensee, a law enforcement officer shall presume that the 
transpo1iation of marijuana and marijuana products by the representative is legal and 
in compliance with this chapter. 
6. Retail marijuana testing facility license. 
The state licensing authority may 
issue a full or a provisional retail marijuana testing facility license in accordance with this 
chapter to a person to operate a retail marijuana testing facility for the purposes of 
developing, researching and testing marijuana, marijuana products and other substances. 
A. A person with an interest in a retail marijuana testing facility licensed under this 
chapter may not be a registered caregiver or have an interest in a registered 
dispensary or in a retail marijuana store, a retail marijuana social club, .a retail 
marijuana cultivation facility or a retail marijuana products manufacturing facility 
licensed under this chapter. A person who is a registered caregiver or who has an 
interest in a registered dispensary or in a retail marijuana store, a retail marijuana 
social club, a retail marijuana cultivation facility or a retail marijuana products 
manufacturing facility licensed under this chapter may not have an interest in a retail 
marijuana testing facility licensed under this chapter. For purposes of this paragraph, 
"interest" means an ownership interest or partial ownership interest or any other type 
of financial interest, including, but not limited to, being an investor or serving in a 
management position. 
B. Retail marijuana and retail marijuana products may be transported between a 
retail marijuana testing facility and a retail marijuana cultivation facility, a retail 
marijuana products manufacturing facility, a retail marijuana store and a retail 
marijuana social club. Upon encountering the representative of a retail marijuana 
testing facility licensee who is transpo1iing marijuana and marijuana products on 
behalf of the licensee, a law enforcement officer shall presume that the transportation 
of marijuana and marijuana products by the representative is legal and in compliance 
2 
with this chapter. 
C. 
A licensed retail marijuana testing facility may not commence or continue 
operation unless the facility: 
(1) Is certified for operation by the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention in accordance with rules 
7 
adopted by the state licensing authority in consultation with the Commissioner of 
Agriculture, Conservation and Forestry in consultation with and the Department 
of Health and Human Services, Maine Center for Disease Control and 
Prevention; 
(2) Except as otherwise provided in this subparagraph, 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 Com.missioner of Agriculture, Conser:Yation and 
Forestry state licensing authority. 
The Commissioner of Aericulture, 
COMMITTEE AMENDMENT 
:Cl-. 
I 
COMMITTEE AMENDMENT 'ft" to H.P. 1199, L.D. 1719 
Consel'vation and Forestry state licensing authority shall adopt rules regarding the 
scope of certification, registration or accreditation required for licensure as a 
retail marijuana testing facility. 
The state licensing authority may issue a full retail marijuana testing facility 
license to a person who meets all applicable requirements of this chapter and 
rules adopted under this chapter and who has obtained accreditation pursuant to 
standard ISO/IEC 17025 of the International Organization for Standardization 
from a 3rd-party accrediting body or who is ce1iified, registered or accredited by 
an approved organization. 
The state licensing authority may issue a provisional retail marijuana testing 
facility license to a person who otherwise meets all applicable requirements of 
this chapter and rules adopted under this chapter and who has applied for but not 
yet obtained accreditation from a 3rd-party accrediting body or who has applied 
for but not yet obtained certification, registration or accreditation from an 
approved organization. The state licensing authority may not renew a provisional 
retail marijuana testing facility license more than once; 
(3) Is dete11nined by the Department of Agrioultul'e, Conservation and Forestry 
state licensing authority to meet all operational and technical requirements for 
retail marijuana testing facilities under this chapter and applicable rules adopted 
under this chapter; and 
( 4) Is approved or licensed by the municipality in which the facility is physically 
located and notice of approval or licensure has been provided by the municipality 
to the state licensing authority. 
D. A retail marijuana testing facility shall follow all testing protocols, standards and 
criteria adopted by rule by the Commissioner of Agrioulture, Conservation and 
Forestry state licensing authority 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. 
E. If a retail marijuana testing facility determines that a sample of marijuana or a 
marijuana product has failed testing, the facility shall offer to the owner of the sample 
that failed testing an opportunity for remediation and retesting in accordance with 
rules adopted by the Commissioner of Agrioulture, Conservation and Forestry state 
licensing authority in accordance with this chapter. 
F. 
A retail marijuana testing facility shall maintain records of all business 
transactions and testing results in accordance with the record-keeping requirements of 
subsection 8-A and in accordance with applicable standards for licensing and 
accreditation under paragraph C and testing protocols, standards and criteria adopted 
by the Commissioner of Agrioulture, Conservation and Forestry state licensing 
authority under paragraph D. 
G. 
A retail marijuana testing facility shall dispose of used, unused and waste 
marijuana and marijuana products in accordance with rules adopted by the 
Commissioner of Agrioulture, Conservation and Forestry state licensing authority in 
accordance with this chapter. 
COMMITTEE AMENDMENT 
/'~,', 
COMMITTEE AMENDMENT "b' to H.P. 1199, L.D. 1719 
H. A retail marijuana testing facility shall notify the Department of Agriculture, 
Conservation and Forestry state licensing authority of test results in accordance with 
section 2445, subsection 2. 
I. A retail marijuana testing facility may develop, research and test marijuana and 
marijuana products for that facility; for another retail marijuana establishment or a 
retail marijuana social club; for a person who intends to use the marijuana or 
marijuana product for personal use as allowed under this chapter; or for a qualifying 
patient, a registered caregiver or a registered dispensary. A retail marijuana testing 
facility may develop, research and test other substances that are not marijuana or 
marijuana products for that facility or for any other person. 
The state licensing authority. after consultation with the Commissioner of Agriculture, 
Conservation and Forestry~ shall adopt rules regarding the testing of marijuana and 
marijuana products by retail marijuana testing facilities pursuant to this chapter, 
including, but not limited to, rules establishing acceptable testing and research practices 
for retail marijuana 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 repmting of test results; rules 
establishing an independent testing and certification program pursuant to section 2445; 
and rules governing sampling and testing of retail marijuana and retail marijuana products 
pursuant to section 2448, subsection 8-A. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
7. Retail marijuana social club license. The following provisions govern retail 
marijuana social clubs. 
A. 
A licensed retail marijuana social club may sell only retail marijuana, retail 
marijuana products, marijuana accessories, nonconsumable products such as apparel, 
marijuana-related products and edible products that do not contain marijuana, 
including but not limited to sodas, candies and baked goods, but may not sell or give 
away cigarettes or alcohol. 
All retail marijuana and retail marijuana products 
purchased at a licensed retail marijuana social club must be consumed or disposed of 
on and may not be taken off the licensed premises. 
B. A retail marijuana social club shall track all of its retail marijuana and retail 
marijuana products from the point at which they are transferred from a retail 
marijuana cultivation facility, retail marijuana store or retail marijuana products 
manufacturing facility to the point of sale. 
C. The following provisions govern procedures for preventing sales to persons under 
years of age. 
(l) Prior to allowing a person onto the retail marijuana social club's licensed 
premises, an employee of the retail marijuana social club shall verify that the 
person has a valid government-issued identification card, or other acceptable 
identification, showing that the person is 21 years of age or older. If a person 
under 21 years of age presents a fraudulent proof of age, any action relying on the 
COMMITTEE AMENDMENT 
t). 
COMMITTEEAMENDMENT'fi "toH.P.1199,L.D.1719 
fraudulent proof of age may not be grounds for the revocation or suspension of 
any license issued under this chapter. 
(2) The state licensing authority shall adopt rules, which are routine technical 
rules as described in Title 5, chapter 375, subchapter 2-A, to prohibit certain 
signs, marketing and advertising, including but not limited to a prohibition on 
mass-market campaigns that have a high likelihood of reaching persons under 21 
years of age. 
These rules may include: 
(a) 
A prohibition on health or physical benefit claims in advertising, 
merchandising and packaging; 
(b) A prohibition on unsolicited advertising on the Internet; 
(c) A prohibition on opt-in marketing that does not permit an easy and 
permanent opt-out feature; and 
(d) 
A prohibition on marketing directed toward location-based devices, 
including but not limited to cellular phones, unless the marketing is a mobile 
device application installed on the device by the owner of the device who is 
years of age or older and includes a permanent and easy opt-out feature. 
(3) Notwithstanding any other provision of state law, sales of retail marijuana 
and retail marijuana products are not exempt from state sales tax. 
(4) Nothing in this chapter may be constrned to limit a law enforcement agency's 
ability to investigate unlawful suspected criminal activity in relation to a retail 
marijuana establishment. A law enforcement agency may run a Maine criminal 
history record check of a licensee, or employee of a licensee, during an 
investigation of unlavrful suspected criminal activity related to retail marijuana 
and retail marijuana products. 
D. Retail marijuana and retail marijuana products may be transported between a 
licensed retail marijuana social club and other retail marijuana social clubs or retail 
marijuana testing facilities. 
Upon encountering the representative of a retail 
marijuana social club licensee who is transporting marijuana and marijuana products 
on behalf of the licensee, a law enforcement officer shall presume that the 
transportation of marijuana and marijuana products by the representative is legal and 
in compliance with this chapter. 
8-A. Inspections; record-keeping requirements; audit requirements; testing and 
sampling for product quality control. A retail marijuana licensee shall submit to 
inspections and maintain business records in accordance with this subsection. 
A. 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 state licensing 
authority or the Depa-rtmefl.t of Agriculture, Gonservatiofl afld Forestry upon demand 
and without notice during all business hours. Records must be maintained by a 
licensee for a period comprising the current tax year and the 2 immediately preceding 
tax years. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMEN~" to H.P. 1199, L.D. 1719 
B. The state licensing authority or the Department of ,\griculture, Conservation and 
Forestry may require a licensee to furnish any additional information necessary for 
the proper administration of this chapter and the state licensing authority may require 
a licensee to submit to an audit of the licensee's business records. If the state 
licensing authority requires a licensee to submit to an audit, the licensee shall provide 
the auditor selected by the state licensing authority with access to all business records 
of the licensee and the cost of the audit must be paid by the licensee. 
C. A licensee shall submit to an inspection of the licensed premises, including any 
places of storage, upon demand and without notice during all business hours and 
other times of apparent activity by the state licensing authority, the Department of 
Agriculture, Conservation and Forestry, a law enforcement agency or an official 
authorized by the municipality in which the licensed premises are located. If any part 
of the licensed premises consists of a locked area, a licensee shall, upon demand of 
the state licensing authority, the Department of Agriculture, Conservation and 
Forestry, a la-w enforcement agency or the official authorized by the municipality, 
open the locked area for inspection. 
D. A licensee shall submit to the sampling and testing of retail marijuana or retail 
marijuana products upon demand and without notice during all business hours by the 
Department of Agrieulture, Conservation and Forestry state licensing authority for 
the purposes of product quality control. Sampling and testing by the Department of 
Agl'ic1:1lture, Conservation a-nd Forestry pursuant to this paragraph must be conducted 
in accordance with the requirements of section 2445 and rules adopted pursuant to 
section 2448, subsection 6. 
9. Product pricing. Nothing in this chapter may be construed as granting to the 
state licensing authority the power to fix prices for retail marijuana or retail marijuana 
products. 
10. License fees. The state licensing authority shall determine the revenue needed to 
set up the licensing and enforcement operations of the department and set the fees 
applicable to the categories as outlined in subsection 1 within the ranges specified in the 
following schedule and subsection 4: 
A. Retail marijuana store license, $250 to $2,500, with a $10 to $250 nomefundable 
application fee; 
B. Reta-il marijuana cultivation facility license. $10 to $100 per unit block. 1tvith a 
$10 to $250 nofltefundable application fee; 
C. Retail marijuana products manufacturing facility license, $100 to $1,000, with a 
$10 to $250 nonrefundable application fee; 
D. Retail marijuana testing facility license, $500, with a $10 to $250 nonrefundable 
8 
application fee; 
E. 
Retail marijuana social club license, $250 to $2,500, with a $10 to $250 
nomefundable application fee; and 
E-1. Transportation. storage, delivery, research and special event licenses. $100 to 
$2,500. with a $10 to $250 nomefundable application fee; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,zf;;, to H.P. 1199, L.D. 1719 
F. 
Occupational licenses and registrations for owners, managers, operators, 
employees, contractors and other support staff employed at, working in or having 
access to restricted access areas of the licensed premises, as determined by the state 
licensing authority. 
License fees collected by the state licensing authority must be deposited into the Retail 
Marijuana Regulat01y Coordination Fund under section 2455. 
11. License terms. All licenses under this chapter are effective for one year from 
the date of issuance. 
12. License renewal. The following provisions govern license renewals. 
A. Ninety days prior to the expiration date of an existing license, the state licensing 
authority shall notify the licensee of the expiration date by first class mail at the 
licensee1s address of record with the state licensing authority. A licensee may apply 
for the renewal of an existing license to the state licensing authority not less than 30 
days prior to the date of expiration. Upon receipt of an application for renewal of an 
existing license and any applicable fees, the state licensing authority shall, within 7 
days, submit a copy of the application to the appropriate municipality to determine 
whether the application complies with all local restrictions on renewal of licenses. 
B. The state licensing authority may not accept an application for renewal of a 
license after the date of expiration, except that the state licensing authority may 
extend the expiration date of the license and accept a late application for renewal of a 
license as long as the applicant has filed a timely renewal application with the 
municipality. The state licensing authority or the municipality, in its discretion, 
subject to the requirements of section 2447 and based upon reasonable grounds, may 
waive the 30-day time requirements set f01th in this subsection. 
C. Notwithstanding the provisions of paragraph A, a licensee whose license has been 
expired for not more than 90 days may file a late renewal application upon the 
payment of a nonrefundable late application fee of $250 to the state licensing 
authority. A licensee who files a late renewal application and pays the requisite fees 
may continue to operate until the state licensing authority takes final action to 
approve or deny the licensee
1s late renewal application unless the state licensing 
authority summarily suspends the license pursuant to subsection 16, this chapter and 
rules adopted pursuant to this chapter. 
D. The state licensing authority may administratively extend the expiration date of a 
license and accept a later application for renewal of a license at the discretion of the 
state licensing authority. 
E. The state licensing authority may, for good cause, elect to not renew a license. 
13. Inactive licenses. The state licensing authority, in its discretion, may revoke or 
elect not to renew any license if it determines that the licensed premises have been 
inactive, without good cause, for at least one year. 
14. Unlawful financial assistance. The state licensing authority shall require a 
complete disclosure of all persons having a direct or indirect financial interest, and the 
extent of such interest, in each license issued under this chapter. This subsection is 
intended to prohibit and prevent the control of a retail marijuana store, retail marijuana 
COMMITTEE AMENDMENT 
" 
c 
~ ;\ 
COMMITTEE AMENDMEN::fi" to H.P. 1199, L.D. 1719 
cultivation facility, retail marijuana products manufacturing facility or retail marijuana 
social club by a person or party other than the persons licensed pursuant to the provisions 
of this chapter. 
15. Denial of license. The state licensing authority may, for good cause, deny 
approval of a license application. Upon denial of a license application, the state licensing 
authority shall inform the applicant of the basis for denial and the right to appeal the 
denial in a hearing. 
16. Disciplinary actions. In addition to any other sanctions prescribed by this 
chapter, or rules adopted pursuant to this chapter, the state licensing authority has the 
power, on its own motion or on complaint, after investigation and opportunity for a public 
hearing at which the licensee must be afforded an opportunity to be heard, to fine a 
licensee or to suspend or revoke a license issued by the state licensing authority for a 
violation by the licensee, or by any of the agents or employees of the licensee, of the 
provisions of this chapter or any of the rules adopted pursuant to this chapter or of any of 
the terms, conditions or provisions of the license issued by the state licensing authority. 
The state licensing authority has the power to administer oaths and issue subpoenas to 
require the presence of persons and the production of papers, books and records necessary 
for a hearing that the state licensing authority is authorized to conduct. 
The state licensing authority shall provide notice of suspension, revocation, fine or other 
sanction, as well as the required notice of the hearing required by this subsection, by 
mailing the same in writing to the licensee at the address contained in the license and, if 
different, at the last address furnished to the state licensing authority by the licensee. 
Except in the case of a summary suspension, a suspension may not be for a period longer 
than 6 months. If a license is suspended or revoked, a part of the fees paid must be 
retained by the state licensing authority. 
Whenever a decision of the state licensing authority suspending a license for 14 days or 
less becomes final, the licensee may, before the operative date of the suspension, petition 
for permission to pay a fine in lieu of having the license suspended for all or part of the 
suspension period. Upon the receipt of the petition, the state licensing authority may, in 
its sole discretion, stay the proposed suspension and cause any investigation to be made 
that it considers desirable and may, in its sole discretion, grant the petition if the state 
licensing authority is.satisfied that: 
A. The public welfare would not be impaired by permitting the licensee to operate 
during the period set for suspension and that the payment of the fine will achieve the 
desired disciplinary purposes; and 
B. The books and records of the licensee are kept in such a manner that the loss of 
sales that the licensee would have suffered had the suspension gone into effect can be 
determined with reasonable accuracy. 
The fine imposed may not be less than $500 nor more than $10,000. Payment of a fine 
pursuant to the provisions of this subsection must be in the form of cash or in the form of 
a certified check or cashier's check made payable to the state licensing authority. 
Upon payment of the fine pursuant to this subsection, the state licensing authority shall 
enter its order permanently staying the imposition of the suspension. Fines paid to the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "b to H.P. 1199, L.D. 1719 
state licensing authority pursuant to this subsection must be transmitted to the Treasurer 
of State. 
In connection with a petition pursuant to this subsection, the authority of the state 
licensing authority is limited to the granting of such stays as are necessary for the state 
licensing authority to complete its investigation and make its findings and, if the state 
licensing authority makes such findings, to the granting of an order permanently staying 
the imposition of the entire suspension or that portion of the suspension not otherwise 
conditionally stayed. 
If the state licensing authority does not make the findings required in this subsection and 
does not order the suspension permanently stayed, the suspension goes into effect on the 
operative date finally set by the state licensing authority. 
No later than January 15th of each year, the state licensing authority shall compile a 
report of the preceding year's actions in which fines, suspensions or revocations were 
imposed by the state licensing authority. The state licensing authority shall include this 
information in its annual report to the Legislature. 
17. Disposition of unauthorized retail marijuana or retail marijuana products 
and related materials. 
The following provisions apply to the disposition of 
unauthorized retail marijuana or retail marijuana products and related materials. 
A. The provisions of this subsection apply in addition to any criminal, civil or 
administrative penalties and in addition to any other penalties prescribed by this 
chapter or any rules adopted pursuant to this chapter. Every licensee is deemed, by 
virtue of applying for, holding or renewing that licensee's license, to have expressly 
consented to the procedures set forth in this subsection. 
B. If the state licensing authority issues a final agency order imposing a disciplinary 
action against a licensee pursuant to subsection 16, then, in addition to any other 
remedies, the state licensing authority's final agency order may specify that some or 
all of the licensee's marijuana or marijuana products is not retail marijuana or a retail 
marijuana product and is an illegal controlled substance. The order may further 
specify that the licensee loses any ownership interest in any of the marijuana or 
marijuana products even if the marijuana or marijuana products previously qualified 
as retail marijuana or a retail marijuana product. The final agency order may direct 
the destruction of any such marijuana and marijuana products. 
The authorized 
destruction may include the incidental destruction of any containers, equipment, 
supplies and other property associated with the marijuana or marijuana products. 
C. A district attorney, or an assistant attorney general, shall notify the state licensing 
authority if an investigation of a retail marijuana establishment or retail marijuana 
social club is commenced. If the state licensing authority has received notification 
from a district attorney, or an assistant attorney general, that an investigation is being 
conducted, the state licensing authority may not destroy any marijuana or marijuana 
products from the retail marijuana establishment or retail marijuana social club until 
the destruction is approved by the district attorney or assistant attorney general. 
D. A state or local agency may not be required to cultivate or care for any retail 
marijuana or retail marijuana products belonging to or seized from a licensee. A state 
or local agency is not authorized to sell marijuana, retail or otherwise. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,J,, to H.P. 1199, L.D. 1719 
18. Judicial review. Final agency actions by the state licensing authority are subject 
to judicial review pursuant to Title 5, section 11001, et seq. 
19. Effeetive elate. This section takes effect February 1, 2018. 
20. 
Restriction on transfer of information. 
In issuing a license to a retail 
marijuana establishment or retail marijuana social club, the state licensing authority shall 
include in the license a prohibition on the transfer of information by the licensee to an 
official or agent of the Federal Government regarding any person who transacts business 
with the licensee, except when the official or agent presents to the licensee a valid court 
order or search warrant that entitles the official or agent to the receipt of that information. 
Sec. A-19. 7 MRSA §2449, sub-§4, as enacted by IB 2015, c. 5, §1, is amended 
to read: 
4. Municipality may impose licensing requirement. A municipality may impose a 
separate local licensing requirement, which may include, without limitation, the 
imposition of a municipal licensing fee schedule pursuant to Title 30-A, section 3 702 and 
the imposition of a public health and safety impact fee pursuant to subsection 4-A, as a 
part of its restrictions on time, place, manner and the number of marijuana businesses. A 
municipality may decline to impose any local licensing requirements, but a municipality 
shall notify the state licensing authority that it either approves or denies each application 
forwarded to it within 14 business days. 
Sec. A-20. 7 MRSA §2449, sub-§§4-A and 5-A are enacted to read: 
4-A. Municipality may impose public health and safety impact fee. Pursuant to 
the home rule authority granted under the Constitution of Maine, Article VIII, Part 
Second and Title 30-A, section 3001, and pursuant to the requirements and limitations of 
this subsection, and in addition to any license fees imposed pursuant to subsection 4, a 
municipality may adopt an ordinance requiring the payment by a retail marijuana licensee 
of an annual public health and safety impact fee that is designed to compensate the 
municipality for the additional costs expected to be incurred by the municipality as a 
result of the operation of a retail marijuana establishment within the municipality. 
A. 
A municipal public health and safety impact fee imposed pursuant to this 
subsection may include additional costs to the municipality relating to the operation 
of retail marijuana establishments within the municipality, including, but not limited 
to, administrative costs, law enforcement costs, health and welfare costs, water and 
sewer costs, legal costs and comJ?liance and safety inspection costs. 
B. A municipal ordinance imposing an annual public health and safety impact fee 
pursuant to this subsection must meet the following requirements: 
(1) The ordinance must identify the use or purpose of the impact fee; 
7 
(2) The amount of the impact fee must be reasonably related to the applicant's 
8 
share of the additional municipal public health and safety costs relating to the 
operation of a retail marijuana establishment within the municipality; 
(3) Impact fee revenues received by a municipality must be segregated from the 
general revenues of the municipality and impact fee revenues may be expended 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 6, to H.P. 1199, L.D. 1719 
by the municipality only to cover the municipality's additional costs relating to 
the operation of a retail marijuana establishment within the municipality; and 
(4) 
The ordinance must establish a reasonable schedule under which the 
municipality is required to expend impact fee revenues to cover the 
municipality's additional costs relating to the operation of a retail marijuana 
establishment within the municipality. 
C. 
A municipal ordinance adopted pursuant to this subsection may be enforced 
pursuant to Title 30-A. section 4452. A municipal ordinance adopted pursuant to this 
subsection is exempt from the application of Title 30-A. section 4314. 
5-A. Authority of Maine Land Use Planning Commission. This chapter or the 
rules adopted pursuant to this chapter may not be construed to limit the authority of the 
Maine Land Use Planning Commission to regulate land use planning and development 
activities within the unorganized and deorganized areas of the State pursuant to Title 12, 
chapter 206-A. 
Sec. A-21. 
MRSA §2449, sub-§6, as enacted by PL 2017, c. 1, §11, is 
repealed. 
Sec. A-22. 7 MRSA §2452, sub-§6, as enacted by PL 2017, c. 1, § 16, is amended 
to read: 
6. Personal use. The following provisions apply to the personal consumption of 
marijuana and marijuana concentrate. 
A. 
A person 21 years of age or older may consume marijuana or marijuana 
concentrate only if that person is: 
(1) In a private residence, including curtilage; or 
(2) On private property, not genera11y accessible by the public, and the person is 
explicitly permitted to consume marijuana or marijuana concentrate on the 
property by the owner of the property. 
B. The operator of a vehicle on a public way or a passenger in the vehicle may not 
consume marijuana or marijuana concentrate. As used in this paragraph, "vehicle" 
has the same meaning as in Title 29-A, section 101, subsection 91. 
C. A person may not consume marijuana or marijuana concentrate in a private 
residence or on private property used as a day care or baby-sitting service during the 
hours in which the residence or property is being operated as a day care or baby-
sitting service. 
D. ,t., person may not consume marijuana or marijuana concentrate in a designated 
smoking area as provided under the Workplace Smoking Act of 1985. 
A person vlho violates this subsectioe commits a civil yiolation for Vt'hich a flee of not 
7 
more than $100 may be adjudged. This subsection may Rot be construed to shield any 
person from federal prosecutioe. This subsection may not be coestrued to allow aey 
person to nm,sess or eonsume mariiuana on federal nronertv. 
Sec. A-23. 7 MRSA §2452, sub-§§6-A and 8 are enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,:f!J,, to H.P. 1199, L.D. 1719 
6-A. Transportation, cultivation and possession by person 21 years of age or 
older. Upon encountering a person 21 years of age or older who is transporting or 
cultivating or possesses marijuana and marijuana products, a law enforcement officer 
shall presume that the transportation, cultivation or possession of marijuana and 
marijuana products is legal and in compliance with this chapter. 
8. Limitations. This chapter or rules adopted pursuant to this chapter may not be 
construed as: 
A. Altering existing penalties under the laws of this State relating to the operation, 
navigation or other physical control of a motor vehicle, train, aircraft. motorboat or 
other motorized form of transport or machinery while impaired by marijuana or 
marijuana products or for consuming marijuana or marijuana products while 
operating, navigating or having other physical control of a motor vehicle, train, 
aircraft, motorboat or other motorized form of transport or machinery; 
B. 
Authorizing a person to knowingly transfer or furnish, with or without 
remuneration, to a person under 21 years of age marijuana, marijuana products or 
marijuana paraphernalia; 
· 
C. Authorizing a person under 21 years of age to possess, use, purchase, obtain, 
cultivate, process, manufacture, deliver or sell or otherwise transfer or furnish 
marijuana, marijuana products or marijuana paraphernalia; 
D. Except as allowed pursuant to a retail marijuana products manufacturing facility 
license issued under this chapter, authorizing a person to manufacture marijuana 
concentrate or marijuana products by means of any liquid or gas, excluding alcohol, 
that has a flashpoint below 100 degrees Fahrenheit; 
E. Preventing a person from prohibiting or otherwise regulating the consumption, 
display, production, processing, manufacture or sale of marijuana, marijuana products 
and marijuana paraphernalia on or in property that the person owns, occupies or 
manages. except that a lease agreement may not prohibit a tenant from consuming 
marijuana by means other than smoking on or in property in which the tenant resides. 
unless failing to do so would cause the landlord to violate a federal law or regulation; 
F. Preventing a state, county or local agency or department from prohibiting or 
otherwise regulating the possession or consumption of marijuana, marijuana products 
and marijuana paraphernalia within a building owned, leased or occupied by the 
State, a county or a locality; 
G. Authorizing a person to possess or consume marijuana, marijuana products or 
marijuana paraphernalia on the grounds of or within a public or private school where 
children attend classes in preschool programs. kindergarten programs or grades 1 to 
12; on a school bus; in a youth center; or on the grounds of or within a correctional 
8 
facility, county jail or detoxification facility; 
H. 
Altering existing civil, criminal or other penalties for conduct involving the 
performance by a person of any task while impaired by marijuana or marijuana 
products that constitutes negligence or professional malpractice; or 
I. Exempting marijuana and marijuana products from the application of the laws and 
rules of this State governing the adulteration and misbranding of food, drugs and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT t" 
to H.P. 1199, L.D. 1719 
other items intended for human consumption, except that marijuana that is included 
as an ingredient in a marijuana product that is manufactured pursuant to a retail 
marijuana products manufacturing facilizy license issued under this chapter is not 
considered an adulterant. 
Sec. A-24. 
MRSA §2453, sub-§4, as enacted by PL 2017, c. I, §17, is 
repealed. 
Sec. A-25. 7 MRSA §2454, as amended by PL 2017, c. 1, §18, is further amended 
to read: 
§2454. Civil liberties 
1. Relation to the Maine Medical Use of Marijuana Act. This chapter may not be 
construed to limit any privileges or rights of a qualifying patient, primary caregiver, 
registered or otherwise, or registered dispensary under the Maine Medical Use of 
Marijuana Act. 
2. Employment policies. This chapter may not be construed to require an employer 
to permit or accommodate the use, consumption, possession, trade, display, 
transportation, sale or growing of cannabis in the workplace. This chapter does not affect 
the ability of employers to enact and enforce workplace policies restricting the use of 
marijuana by employees or to discipline employees who are under the influence of 
marijuana in the workplace. 
3. School, employer or landlord may not discriminate. A school, employer or 
landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 21 
years of age or older solely for that person's consuming marijuana outside of the school's, 
employer's or landlord's property. 
4. Person may not be denied parental rights and responsibilities or contact with 
a minor child. A person may not be denied parental rights and responsibilities with 
respect to or contact with a minor child as a result of acting in accordance with this 
chapter, unless there is clear. convincing and articulable evidence that the person's 
conduct creates an unreasonable danger to the safety of the minor child or is contrary to 
the best interest of the minor child as set out in Title 19-A, section 1653, subsection 3. 
Neither the presence of cannabinoid components or metabolites in the person's body 
fluids nor the engaging in of conduct permitted under this chapter by a person responsible 
for the well-being of a minor child may form the sole or primary basis for substantiation 
of child abuse or neglect, a child welfare service plan, removal of a minor child from the 
custody of the person or termination or denial of parental responsibilities of any type. 
5 
S. Effeetive date. This section takes effect February 1, 2018. 
6. Protection for owners of real property. An owner of real property may not be 
arrested or charged with a violation oflaw, denied a benefit by the municipality in which 
the real property is located or by the State or be subjected to any seizure of the owner's 
personal property as a result of allowing another person to use that real property for any 
purpose authorized under this chapter or for employing a person to use that real property 
on the owner's behalf for any purpose authorized under this chapter. 
COMMITTEE AMENDMENT 
COMMI'ITEE AMENDMENJ" to H.P. 1199, L.D. 1719 
7. 
Profiling prohibited. 
In enforcing the prov1s10ns of this chapter, a law 
enforcement officer may not engage in the practice of profiling or undertake any act that 
results from profiling. 
For the purposes of this subsection, "profiling" means the targeting by a law enforcement 
officer of an individual on suspicion that the individual has committed a crime based 
solely on the race, ethnicity, religion, socioeconomic status or national origin of the 
individual and in reliance on a group of characteristics regarding the race, ethnicity, 
religion, socioeconomic status or national origin of the individual that the law 
enforcement officer believes to be generally associated with the commission of crimes. 
Sec, A-26. 7 MRSA §2455, as enacted by PL 2017, c. 278, §10, is amended to 
read: 
§2455. 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 Funds 
account in the department. The fund is administered and used by the commissioner for 
the purposes ef described in this section and to facilitate 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. The commissioner may expend funds to 
enter into contracts with consultants and employ staff, as determined necessary by the 
commissioner, conduct meetings with stakeholders and conduct other activities related to 
the operation of this chapter. The fund also must be used to establish or support efforts 
related to the programs and organizations as described in subsections 1 and 2. 
' 
' 
1. Substance abuse prevention and treatment. The fund must be used to support 
public and behavioral health programs and services, including, but not limited to, 
evidence-based substance use prevention and treatment programs, early intervention 
services and grants for schools or community-based organizations that provide programs 
for youth substance use education and prevention as described under Title 5, chapter 521. 
2. Municipal police training and negative social impact mitigation. The fund 
must be used to provide municipal police training and programming in restorative justice, 
jail diversion, marijuana industry-specific technical assistance and mentoring programs 
for economically disadvantaged persons in communities disproportionately affected by 
high rates of arrest and incarceration for marijuana-related offenses. 
t 
Sec. A-27. 7 MRSA §§2456 to 2460 are enacted to read: 
§2456. Energy and environmental standards; working group 
1. 
Working group established; recommendations. 
The comm1ss10ner shall 
establish a retail marijuana energy and environmental standards working group that 
includes, but is not limited to, the following members: 
the Commissioner of 
Environmental Protection or the commissioner's designee; the Commissioner of 
Agriculture, Conservation and Forestry or the commissioner's designee; the director of 
the Governor's Energy Office or the director's designee; and the chair of the Public 
Utilities Commission or the chair's designee. The working group shall meet to discuss 
and provide to the department recommendations on the following matters: 
COMMITTEE AMENDMENT 
\~~.::.-
COMMITTEE AMENDMENT 'fl" to H.P. 1199, L.D. I 719 
A. Strategies for reducing energy and water usage in the retail marijuana and medical 
marijuana industries in the State; 
B. Strategies for mitigating other environmental impacts of the retail marijuana and 
medical marijuana industries in the State; 
C. 
Requirements for annual energy audits, energy efficiency measures, energy 
conservation measures and energy conservation projects applicable to participants in 
the retail marijuana and medical marijuana industries in the State; and 
D. 
The development of energy and environmental standards as described in 
subsection 2 and additional best practices to ensure compliance with those standards. 
2. Standards. The department, after receiving the recommendations submitted by 
the working group established under subsection 1, shall establish energy and 
environmental standards that require, at a minimum, that any retail marijuana licensee 
that has been issued a retail marijuana cultivation facility license or a retail marijuana 
products manufacturing facility license by the department demonstrate compliance with 
such standards as a condition of licensure and for license renewal. 
3. Rules. The department shall adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A. 
§2457. Marijuana research agenda 
The department, after consultation with appropriate state agencies and the Marijuana 
Advisory Commission under section 2460, shall develop a research agenda designed to 
facilitate understanding of the social and economic trends relating to marijuana in the 
State, to inform future decisions of the State aimed at closing the unregulated marijuana 
marketplace and to inform the department on the public health impacts of marijuana in 
the State. 
1. Research agenda. The research agenda to be developed under this section must 
include, but is not limited to: 
A. Information on patterns of marijuana use, methods of marijuana consumption, 
sources of purchase of marijuana and general perceptions of marijuana among 
minors, college and university students and adults: 
B. Information on impaired driving incidents, hospitalizations and use of other health 
care services relating to the use of marijuana, including, but not limited to, a report on 
the science of identifying a quantifiable level of marijuana-induced impairment for 
motor vehicle operation and a report on the financial impacts on the state health care 
system of hospitalizations related to the use of marijuana; 
C. Economic and fiscal impacts for state and local governments including the impact 
of the legalization of marijuana on the production and distribution of marijuana in the 
unregulated marijuana marketplace and the costs and benefits to state and local 
revenues; 
D. Information on ownership and employment trends of licensed retail marijuana 
establishments and retail marijuana social clubs, examining participation by racial, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT,!};,, to H.P. 1199, L.D. 1719 
ethnic and socioeconomic subgroups, including, but not limited to, identification of 
barriers to participation in the marijuana industry; 
E. 
Market analyses examining the expansion or contraction of the unregulated 
marijuana marketplace and the expansion or contraction of the regulated marijuana 
marketplace, including, but not limited to, estimates and comparisons of pricing and 
product availability in each marketplace; 
F. 
A compilation of data on the number of incidents of discipline in schools, 
including suspensions or expulsions, resulting from marijuana use or possession of 
marijuana or marijuana products; and 
G. A compilation of data on the number of civil penalties, arrests, prosecutions, 
incarcerations and sanctions imposed for violations of the provisions of Title 17-A 
relating to the possession, distribution and trafficking of marijuana and marijuana 
products, including, but not limited to, information on the age, race, gender, counµ:y 
of origin and state geographic region of and average sanctions imposed on the 
persons charged. 
2. Inco1·poration of available data. The department shall incorporate into the 
research agenda developed under this section any available relevant data, including, but 
not limited to, any baseline studies that may have been conducted, and in developing the 
research agenda shall coordinate and partner with the Department of Health and Human 
Services, the Department of Education, the Department of Public Safety, the Department 
of Labor, the University of Maine System, the Maine Community College System and 
other appropriate public or private entities. 
3. Annual report. 
The department shall annually report to the joint standing 
committee of the Legislature having jurisdiction over retail marijuana matters the results 
of its research agenda and, when appropriate, make recommendations for further research 
or policy changes. 
The department shall post the annual report required under this 
subsection on its publicly accessible website. 
§2458. Maine craft marijuana report 
As provided in this section, the department, after consultation with the Department of 
Agriculture, Conservation and Forestry, shall report to the joint standing committees of 
1 
the Legislature having jurisdiction over retail marijuana matters; agriculture, conservation 
and forestty matters; and economic and community development matters regarding the 
participation of farmers and businesses of all sizes as retail marijuana licensees under this 
chapter. 
5 
1. First report. No later than 12 months after the effective date of this section, the 
department shall submit a report providing recommendations, including any proposed 
legislation, designed to ensure access to retail marijuana licenses by farmers in the State 
8 
and to allow for the growth, cultivation, production and harvest of marijuana on farm or 
agricultural lands in the State. 
2. Second report. No later than December 31, 2020, the department shall submit a 
report providing information on the progress being made on the recommendations 
contained in the report submitted under subsection 1 and any recommendations, including 
any proposed legislation, necessary to further that progress and to otherwise promote and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'D" to H.P. 1199, L.D. 1719 
encourage the full participation of farmers and businesses of all sizes in the State as retail 
mariiuana licensees. 
3. Repeal. This section is repealed January 1, 2021. 
§2459. Special Commission on Impaired Driving 
The Special Commission on Impaired Driving, established by Title 5, section 
12004-I, subsection 52-D and referred to in this section as "the special commission," is 
created for the purpose of conducting a continuing study of the laws relating to impaired 
driving and reporting to the Legislature its findings and recommendations on an annual 
basis. 
1. Membership. The special commission consists of the following 10 members: 
A. 
Two members of the Senate, including members from each of the 2 parties 
holding the largest number of seats in the Legislature, appointed by the President of 
the Senate; 
B. Two members of the House of Representatives, including members from each of 
the 2 parties holding the largest number of seats in the Legislature, appointed by the 
Speaker of the House of Representatives: 
C. 
The Commissioner of Administrative and Financial Services or the 
commissioner's designee; 
D. The Commissioner of Public Safety or the commissioner's designee; 
E. The Secretary of State or the secretary's designee; and 
F. The following 3 members, appointed by the Governor: 
( 1) A representative of a statewide association representing prosecutors; 
(2) A representative of a statewide association of criminal defense attorneys; and 
(3) A member of the public. 
2. Duties; chairs. The special commission shall compile and assess existing primary 
research on impaired driving and the incidence and significance of the use of marijuana 
by drivers in the State. The special commission shall evaluate marijuana use alone or in 
combination with other substances that may cause impairment and whether marijuana 
legalization is associated with an increased risk of motor vehicle crashes and fatalities. 
The special commission shall compile and review data and reports on impaired driving 
related to marijuana use and scientific reports on THC levels and impairment. The first-
named Senate member is the Senate chair and the first-named House member is the 
House chair of the special commission. 
3. 
Report. 
Beginning January 15, 2020, and annually thereafter, the special 
commission shall submit a report regarding its findings and recommendations, including 
any proposed legislation, to the joint standing committees of the Legislature having 
jurisdiction over medical marijuana matters, retail marijuana matters, criminal justice and 
public safety matters, and transportation matters, which are authorized to report out 
legislation regarding the report. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'ffi" to H.P. 1199, L.D. 1719 
4. Staffing; reimbursement. The Legislative Council shall provide staff support for 
the operation of the special commission. except that Legislative Council staff suppott is 
not authorized when the Legislature is in regular or special session. In addition, the 
special commission may contract for administrative. professional and clerical services if 
funding permits. Members of the special commission serve on a voluntary basis. are 
entitled to reimbursement for expenses as set forth in Title 5, section 12004-1. subsection 
52-D and are not entitled to per diem reimbursement. 
§2460. Marijuana Advisory Commission 
The Marijuana Advisoty Commission, established by Title 5, section 12004-I, 
subsection 52-C and referred to in this section 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. 
1. Membership. The commission consists of the following 17 voting members and 
additional nonvoting members as described in this subsection: 
A. Two members of the Senate, including members from each of the 2 patties 
holding the largest number of seats in the Legislature. appointed by the President of 
the Senate: 
B. Two members of the House of Representatives. including members from each of 
the 2 parties holding the largest number of seats in the Legislature. appointed by the 
Speaker of the House of Representatives; 
C. 
The Commissioner of Administrative and Financial Services or the 
commissioner's designee. who is a nonvoting member: 
D. 
The Commissioner of Agriculture. Conservation and Forestry or the 
commissioner's designee, who is a nonvoting member; 
E. 
The Commissioner of Health and Human Services or the commissioner's 
designee, who is a nonvoting member: 
F. The Commissioner of Labor or the commissioner's designee, who is a nonvoting 
member; 
G. The Commissioner of Public Safety or the commissioner's designee. who is a 
nonvoting member: 
H. The Attorney General or the Attorney General's designee. who is a nonvoting 
member; 
I. The following 3 members. appointed by the Governor: 
(1) A representative of a statewide municipal association: 
(2) 
A representative of a statewide association representing the medical 
marijuana industry; and 
(3) A member representing the retail marijuana industry: 
J. The following 3 members. appointed by the Attorney General: 
(1) A representative of a statewide association representing prosecutors; 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENTJb "toH.P.1199,L.D.1719 
(2) A representative of a statewide association representing defense attorneys; 
and 
(3) A representative of a statewide association representing law enforcement; 
K. The following 4 members, appointed by the President of the Senate: 
(1) 
The Executive Director of the Maine Human Rights Commission, or a 
designee; 
(2) An expert in marijuana cultivation; 
(3) A member representing marijuana business incubators; and 
( 4) A member representing registered caregivers; and 
L. 
The following 3 members, appointed by the Speaker of the House of 
Representatives: 
(1) A member of a federally recognized Indian tribe in this State; 
(2) 
A representative of the Maine chapter of a national civil liberties 
organization; and 
(3) A representative of a national association ensuring equality of rights of all 
persons. 
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. Members of the commission who are Legislators serve during the term of 
office for which they were elected. Other members of the commission serve for terms of 
years and may be reappointed. 
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. 
6. Subcommittees. The chairs shall appoint subcommittees of the commission to 
expedite the work of the commission. Subcommittees must be formed on issues related 
to public health, public safety, operation of marijuana industries and agricultural 
operations and market participation by veterans, minority populations and women. 
7. 
Review of laws and rules. 
The commission shall review laws and rules 
pertaining to the retail 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, the practice by law enforcement officers of 
profiling as defined and prohibited in section 2454, subsection 7 and taxes and fees paid 
7 
to the State by applicants and registered primaty caregivers and registered dispensaries 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT'J"toH.P. 1199,L.D.1719 
under the Maine Medical Use of Marijuana Act and applicants and licensees under this 
Act. 
8. 
Solicitation of public comment regarding law enforcement contacts with 
citizens. The commission, on an annual basis. shall solicit public comment regarding 
contacts between law enforcement officers and citizens following the initiation of a retail 
marijuana market in the State that involve the personal use of marijuana and marijuana 
products and home cultivation of marijuana and the prevalence or absence of the practice 
of profiling as defined and prohibited in section 2454, subsection 7. 
The public 
comments solicited under this subsection and any findings or recommendations by the 
IO 
commission relating to those solicited comments must be included in the annual report 
under subsection 11. 
9. Submission of recommendations to Legislature. The commission shall submit 
to the Legislature such recommended changes to the laws as it considers appropriate to: 
A. Preserve the public health and safety and the well-being of the citizens of the 
State; 
B. Preserve the intent of the citizens as expressed in passage of the Marijuana 
7 
Legalization Act at the referendum election held in November 2016; and 
C. Standardize, coordinate or integrate the retail marijuana and medical marijuana 
laws, rules and programs in the State, including, but not limited to, recommended 
changes regarding the standardization, coordination or integration of the laws and 
rules relating to the testing, labeling and packaging of retail marijuana and retail 
marijuana products and marijuana and marijuana products for medical use. 
10. 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, police contacts with citizens 
as described in subsection 8, the alignment of this Act with other provisions of law and 
any other matter relating to the duties of the commission. 
11. Report to Legislature. Beginning January 15, 2020, and annually thereafter, the 
commission shall submit a report containing its findings and recommendations, together 
with any suggested legislation, to the joint standing committees of the Legislature having 
jurisdiction over health and human services matters and retail marijuana matters, which 
may report out legislation based on the report. 
12. Additional consideration regarding review of laws and rules. In reviewing 
laws and rules under subsection 7, the commission shall review and consider the 
5 
materials reviewed and developed by any committee of the I 28th Legislature having 
jurisdiction over retail marijuana matters. This subsection is repealed February 1, 2020. 
7 
13. Staffing; reimbursement. The Legislative Council shall provide staff support 
for the operation of the commission, except that Legislative Council staff support is not 
authorized when the Legislature is in regular or special session. 
In addition, the 
commission may contract for administrative, professional and clerical services if funding 
permits. 
Members of the commission serve on a voluntmy basis, are entitled to 
reimbursement for expenses as set forth in Title 5, section 12004-1, subsection 52-C and 
are not entitled to per diem reimbursement. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT~" to H.P. 1199, L.D. 1719 
Sec. A-28. 36 MRSA §1817, sub-§§1 and 2, as enacted by IB 2015, c. 5, §3, are 
amended to read: 
1. Definitions. As used in this section and in section 1818, unless the context 
otherwise indicates, the following terms have the following meanings. 
A. "Retail marijuana" has the same meaning as in Title 7, section 2442, subsection 
34. 
B. "Retail marijuana product" has the same meaning as in Title 7, section 2442, 
subsection 37. 
C. "Retail marijuana social club" has the same meaning as in Title 7, section 2442, 
subsection 39. 
D. 
"Retail marijuana store" has the same meaning as in Title 7, section 2442, 
subsection 40. 
E. "State licensing authority" has the same meaning as in Title 7, section 2442, 
subsection 44. 
F. "Participating municipality" means a municipality that has imposed a local option 
sales tax on the sale of retail marijuana and retail marijuana products pursuant to 
section 1818. 
2. Sales tax on retail marijuana and retail marijuana products. The sales tax on 
retail marijuana and retail marijuana products is -1-(}% 17.5% and, except as provided in 
section 1818, is the only tax charged on the sale of retail marijuana and retail marijuana 
products at the point of final sale at a retail marijuana store or retail marijuana social club. 
Sec. A-29. 36 MRSA §1817, sub-§8, as enacted by PL 2017, c. 1, §21, is 
repealed. 
Sec. A-30. 36 MRSA §1818 is enacted to read: 
§1818. Municipal local option sales tax on retail mariiuana and retail mariiuana 
products 
1. Authorization to impose local option sales tax. A municipality by referendum 
conducted pursuant to subsection 7 may impose a local option sales tax of no more than 
3.5% on retail marijuana and retail marijuana products sold by retail marijuana stores and 
retail marijuana social clubs within the municipality. 
2. Notification to State Tax Assessor. A municipality that imposes a local option 
sales tax on retail marijuana and retail marijuana products under this section shall notify 
the State Tax Assessor at least 90 days before the local option sales tax is effective. 
3. Administration. Retail marijuana stores and retail marijuana social clubs in a 
participating municipality shall transfer the revenue from a local option sales tax imposed 
under this section at the time and in the manner provided in section 1951-A for the 
transfer of state sales tax revenue. The tax is subject to the same enforcement provisions, 
interest, penalties and administrative actions as other taxes assessed under this Part. 
4. Distribution of revenue. Each month, the State Tax Assessor shall identify the 
amount of revenue attributable to each participating municipality under this section and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT6" to H.P. 1199, L.D. 1719 
certify the net amount for that municipality to the Treasurer of State, who shall each 
month distribute that net amount to the municipality. 
5. 
Use of revenue by participating municipality. The revenue raised by the 
imposition of a local option sales tax on retail marijuana and retail marijuana products 
under this section must be held by the participating municipality in a special revenue 
account established for that purpose. Revenue from that account may be expended only 
if specifically authorized by an appropriation of the local legislative body. 
6. Effect on revenue sharing and other state aid programs. Revenue received 
pursuant to subsection 4 may not be used to reduce or eliminate any funding otherwise 
due the participating municipality under any provision of law providing aid to the 
participating municipality, including, but not limited to, aid for schools, roads, public 
assistance or jails. 
7. Referendum. The guestion of whether to impose a local option sales tax on retail 
marijuana and retail marijuana products must be submitted to the legal voters of a 
municipality that seeks to impose the local option sales tax. 
The petition process and voting must be held and conducted in accordance with Title 
30-A, sections 2528, 2529 and 2532 even if the municipality has not accepted the 
provisions of Title 30-A, section 2528. 
The voting at elections must be held and 
conducted in accordance with Title 21-A. The municipal clerk shall prepare the reguired 
ballots, which must contain substantially the following guestion: 
"Do you favor a local option sales tax of up to 3.5% to be imposed by 
[insert name of municipality] on retail marijuana and retail marijuana 
products sold by retail marijuana stores and retail marijuana social clubs 
within [insert name of municipality]?" 
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" 
their opinion of the same. The municipal clerk shall make a return of the results, certify 
the results and send them to the Secretary of State. The Secretary of State shall forward 
the results to the assessor. 
A local option sales tax imposed by a participating municipality on retail marijuana and 
0 
retail marijuana products under this section may be discontinued by referendum 
conducted in the same manner as the referendum adopting the local option sales tax under 
this subsection. 
3 
8. Effective date of tax; acceptance by voters. A local option sales tax on retail 
marijuana and retail marijuana products authorized by this section takes effect 120 days 
after the municipal referendum vote under subsection 7 if it is accepted by a majority of 
the legal voters voting at the election and the total number of votes cast eguals or exceeds 
7 
20% of the total number of votes cast by that municipality in the most recent 
8 
gubernatorial election. 
PARTB 
Sec. B-1. 15 MRSA §5821, first 1, as amended by IB 1999, c. 1, §2, is further 
amended to read: 
COMMITTEE AMENDMENT 
';. 
COMMITTEE AMENDMENT'Oto H.P. 1199, L.D. 1719 
Except as provided in seetiea sections 5821-A and 5821-B, the following are subject 
to forfeiture to the State and no property right may exist exists in them: 
Sec. B-2. 15 MRSA §5821-B is enacted to read: 
§5821-B. Property not subject to forfeiture based on adult use of marijuana 
Property is not subject to forfeiture under this chapter if the activity that subjects the 
person's property to forfeiture is the cultivation, testing, products manufacturing or sale of 
retail marijuana pursuant to a license issued under Title 7. chapter 417 or is related to the 
personal possession. use or home cultivation of marijuana pursuant to Title 7. chapter 417 
and the person meets all applicable requirements imposed by and is in compliance with 
Title 7. chapter 417. 
Sec. B-3. 17-A MRSA §1103, sub-§1-A, 1,rE and F, as enacted by PL 2001, c. 
383, §115 and affected by §156, are amended to read: 
E. Marijuana in a quantity of more than one pound and the person to whom the 
marijuana is trafficked is in fact under 21 years of age. Violation of this paragraph is 
a Class C crime; 
F. Mal'ijuana and the person grows or eultivates 100 or mol'e plants. Violation of 
this paragraph is a Class C erime; 
Sec. B-4. 17-A MRSA §1103, sub-§1-B, as enacted by PL 2001, c. 383, §115 
and affected by §156, is amended to read: 
1-B. 
A person is not guilty of unlawful trafficking in a scheduled drug if the 
conduct that constitutes the trafficking is either: 
A. Expressly authorized by Title 7. chapter 417. Title 22 or Title 32; or 
B. Expressly made a civil violation by Title 7. chapter 417 or Title 22. 
Sec. B-5. 17-A MRSA §1105-D, sub-§1, ,n-1, as enacted by PL 2001, c. 667, 
Pt. D, §30 and affected by §36, is amended to read: 
B-1. 
At the time of the offense, the person possesses a firearm in the furtherance of 
the offense, uses a firearm, carries a firearm or is armed with a firearm, and the 
person grows or cultivates: 
(1) Five hundred or more marijuana plants. Violation of this subparagraph is a 
Class A crime; 
(2) One hundl'ed or more but fe 1.ver than ·soo marijuana plants. Violation of this 
,mhnarai:?"ranh is a Clm;s R orime: 
(3) 
MOl'e than 5 but fewel' than 100 marijuana plants. 
Violation of this 
subnarae:rauh is a Class C erime: or 
(4) Fi•1e or fewer marijuana plants. Violation of this subparagl'aph is a Class D 
er-imet 
Sec. B-6. 17-A MRSA §1106, sub-§1-B, as enacted by PL 2001, c. 383, §121 
and affected by §156, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT'6'toH.P.1199,L.D.1719 
1-B. 
A person is not guilty of unlawful furnishing of a scheduled drug if the 
conduct that constitutes the furnishing is expressly: 
A. Authorized by Title 7, chapter 417, Title 22 or Title 32; or 
B. Made a civil violation by Title 7, chapter 417 or Title 22. 
Sec. B-7. 17-A MRSA §1106, sub-§3, ,rA, as amended by PL 2009, c. 67, §1, is 
repealed. 
Sec. B-8. 17-A MRSA §1107-A, sub-§1, W, as amended by PL 2009, c. 67, §2, 
is further amended to read: 
F. A schedule Z drug. Violation of this paragraph is a Class E crime unless the drug 
is marijuana, in which case a violation of this paragraph is: 
(1) For possession of over 2 1/2 ounces to 8 ounces of marijuana, a Class E 
~ 
(2) For possession of over 8 ounces to 16 ounces of marijuana, a Class D crime: 
(3) For possession of over one pound to 20 pounds of marijuana. a Class C 
orime: a,nd 
(4) For possession of over 20 pounds of marijuana, a Class B crime. 
Sec. B-9. 17-A MRSA §1107-A, sub-§2, as enacted by PL 2001, c. 383, §127 
and affected by § 156, is amended to read: 
2. 
A person is not guilty of unlawful possession of a scheduled drug if the conduct 
that constitutes the possession is expressly: 
A. Authorized by Title 7, chapter 417, Title 22 or Title 32; or 
B. Made a civil violation by Title 7, chapter 417 or Title 22. 
Sec. B-10. 17-A MRSA §1107-A, sub-§4, as amended by PL 2015, c. 496, §9, is 
further amended to read: 
4. 
It is an affirmative defense to prosecution under subsection 1, paragraph B, 
subparagraphs (4) to (6); subsection 1, paragraph B-1, subparagraphs (4) to (6); and 
subsection 1, paragraphs C to F E. that the person possessed a valid prescription for the 
scheduled drug or controlled substance that is the basis for the charge and that, at all 
times, the person intended the drug to be used only for legitimate medical use in 
conformity with the instructions provided by the prescriber and dispenser. 
Sec. B-11. 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B' to H.P. 1199, L.D. 1719 
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 7, chapter 417, to the extent the drug paraphernalia is used for 
that person's use of marijuana; or to a retail marijuana store or retail marijuana social club 
licensed pursuant to Title 7, chapter 417, to the extent that the drug paraphernalia relates 
to the sale or offering for sale of marijuana by the retail marijuana store or retail 
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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "6" to H.P. 1199, L.D. 1719 
(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-12. 17-A MRSA §1111-A, sub-§§4-A and 4-B, as enacted by PL 2011, 
c. 464, §20, are amended to read: 
4-A. Except as provided in Title 7. chapter 417 or Title 22, chapter 558-C, a person 
is guilty of use of drug paraphernalia if: 
A. 
The person trafficks in or furnishes drug paraphernalia knowing, or under 
circumstances when that person reasonably should know, that it will be used to plant, 
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, 
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, 
inhale or otherwise introduce into the human body a scheduled drug in violation of 
this chapter 01· Title 22, section 2383, and the person to whom that person is 
trafficking or furnishing drug paraphernalia is: 
(1) At least 16 years of age. Violation of this subparagraph is a Class E crime; 
or 
(2) Less than 16 years of age. Violation of this subparagraph is a Class D crime; 
or 
B. The person places in a newspaper, magazine, handbill or other publication an 
advertisement knowing, or under circumstances when that person reasonably should 
know, that the purpose of the advertisement, in whole or in part, is to promote the 
sale of objects intended for use as drug paraphernalia. Violation of this paragraph is 
a Class E crime. 
4-B. Except as provided in Title 7. chapter 417 or Title 22, chapter 5 5 8-C, a person 
commits a civil violation if: 
A. The person in fact uses drug paraphernalia to plant, propagate, cultivate, grow, 
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, 
pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into 
the human body a scheduled drug in violation of this chapter or Title 22, section 
2383. Violation of this paragraph is a civil violation for which a fine of $300 must be 
adjudged, none of which may be suspended; or 
B. The person possesses with intent to use drug paraphernalia to plant, propagate, 
cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, 
test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise 
introduce into the human body a scheduled drug in violation of this chapter or Title 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT",b'toH.P.1199,L.D.1719 
22, section 2383. Violation of this paragraph is a civil violation for which a fine of 
$300 must be adjudged, none of which may be suspended. 
Sec. B-13. 17-A MRSA §1114, as enacted by PL 1975, c. 499, §1, is amended to 
read: 
§1114. Schedule Z drugs; contraband subject to seizure 
All scheduled Z drugs, the unauthorized possession of which constitutes a civil 
violation under Title 7, chapter 417 or Title 22, are hereby declared contraband, and may 
be seized and confiscated by the State. 
Sec. B-14. 17-A MRSA §1115, as enacted by PL 1975, c. 499, §1 and amended 
IO 
by c. 740, § 106-A, is further amended to read: 
§1115. Notice of conviction 
On the conviction of any person of the violation of any provision of this chapter, or 
on hi& the person's being found liable for a civil violation under Title 7, chapter 417 or 
Title 22, a copy of the judgment or sentence and of the opinion of the court or judge, if 
any opinion be filed, shall must be sent by the clerk of court or by the judge to the board 
or officer, if any, by whom the person has been licensed or registered to practice hi& the 
person's profession or to carry on hi& the person's business if the coutt finds that such 
conviction or liability renders such person unfit to engage in such profession or business. 
The court may, in its discretion, suspend or revoke the license or registration of the 
person to practice hi& the person's profession or to carry on hi& the person's business if the 
court finds that such conviction or liability renders such person unfit to engage in such 
profession or busines.s. On the application of any person whose license or registration has 
been suspended or revoked and upon proper showing and for good cause, said board or 
officer may reinstate such license or registration. 
Sec. B-15. 17-A MRSA §1117, sub-§4, as enacted by PL 2009, c. 631, §3 and 
affected by § 51, is amended to read: 
4. 
A person is not guilty of cultivating marijuana if the conduct is expressly 
authorized by Title 7. chapter 417 or Title 22, chapter 558-C. 
PARTC 
Sec. C-1. Maine Revised Statutes amended; revision clause. Wherever in 
the Maine Revised Statutes the word "marijuana" appears, it is amended to read 
"cannabis" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
Sec. C-2. Rulemaking. The state licensing authority pursuant to the Marijuana 
Legalization Act shall provisionally adopt all rules required by the Marijuana 
Legalization Act no later than December 1, 2018 and when drafting rules shall review 
and consider proposals considered for amendments to the Marijuana Legalization Act by 
the Joint Select Committee on Marijuana Legalization Implementation established 
pursuant to Joint Order 2017, House Paper 96. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT,:!};,, to H.P. 1199, L.D. 1719 
Sec. C-3. Department of Public Safety; sealing of marijuana conviction 
records. Notwithstanding any provision of law to the contrary and no later than January 
15, 2020, the Depa1iment of Public Safety, Bureau of State Police, State Bureau of 
Identification shall ensure that all criminal conviction records within the possession of the 
department that relate to an eligible marijuana conviction are made confidential and that 
the dissemination of such records by the department is prohibited. 
1. 
For the purposes of this section, "eligible marijuana conviction" means a 
conviction for a current or former crime that consisted of conduct that is authorized under 
the Maine Revised Statutes, Title 7, section 2452. 
2. No later than January 15, 2019, the Department of Public Safety shall submit to 
the joint standing committees of the Legislature having jurisdiction over retail marijuana 
matters, criminal justice and public safety matters and judicial matters a report regarding 
the progress made by the department in meeting the requirements of this section. The 
report must include any proposed legislation necessary for the department to meet the 
requirements of this section by January 15, 2020. After reviewing the report, the joint 
standing committee of the Legislature having jurisdiction over retail marijuana matters 
may report out legislation relating to the report to the First Regular Session of the 129th 
Legislature. The joint standing committees of the Legislature having jurisdiction over 
criminal justice and 
public safety matters and judicial matters may make 
recommendations to the joint standing committee of the Legislature having jurisdiction 
over retail marijuana matters regarding that legislation. 
PAR.TD 
Sec. D-1. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Retail Marijuana Regulatory Coordination Fund N233 
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. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Retail Marijuana Regulatory Coordination Fund N233 
2017-18 
0.000 
$0 
$0 
2018-19 
14.000 
$850,000 
$850,000 
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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT~"to H.P. 1199, L.D. 1719 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Retail Marijuana Regulatory Coordination Fund N233 
Initiative: Provides funding for All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Retail Marijuana Regulatory Coordination Fund N233 
2017-18 
2018-19 
0.000 
12.000 
$0 
$700,000 
$0 
$700,000 
2017-18 
2018-19 
$0 
$550,000 
$0 
$550,000 
Initiative: Provides funding for a tracking/traceability system and licensing system 
software. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Retail Marijuana Regulatory Coordination Fund N233 
2017-18 
$0 
$0 
Initiative: Provides funding for 6 Consumer Protection Inspector positions. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOT AL 
Retail Marijuana Regulatory Coordination Fund N233 
2017-18 
0.000 
$0 
$0 
2018-19 
$550,000 
$550,000 
2018-19 
6.000 
$478,806 
$478,806 
Initiative: Provides funding for one Public Service Coordinator I position, one Planning 
and Research Associate II position and one Chemist II position. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2017-18 
0.000 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
3.000 
$278,017 
$278,017 
COMMITTEE AMENDMENT ,:.f;,, to H.P. 1199, L.D. 1719 
Revenue Services, Bureau of 0002 
Initiative: Provides funding for one Tax Examiner position and related programming and 
All Other costs to process and audit income tax filings. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
2018-19 
1.000 
$63,623 
$81,416 
$145,039 
2018-19 
$2,723,845 
$828,017 
$3,551,862 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Marijuana Regulation and Licensing Fund Z262 
Initiative: Removes allocations for one Consumer Protection Inspector position, one pool 
vehicle and position technology costs for the transfer of regulatory authority from the 
Department of Agriculture, Conservation and Forestry to the Department of 
Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
2017-18 
(1.000) 
($76,032) 
($15,000) 
($91,032) 
2017-18 
($91,032) 
COMMITTEE AMENDMENT 
2018-19 
(1.000) 
($79,801) 
($12,500) 
($92,301) 
2018-19 
($92,301) 
.~\· 
\} 
COMMITTEE AMENDMENT~" to H.P. 1199, L.D. 1719 
DEPARTMENT TOTAL-ALL FUNDS 
($91,032) 
($92,301) 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
Initiative: Adjusts funding to reflect an estimated decrease of $75,000 annually to reflect 
fewer cases of assigned counsel related to marijuana offenses. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL -ALL FUNDS 
LEGISLATURE 
Legislature 0081 
2017-18 
$0 
$0 
2017-18 
$0 
$0 
2018-19 
($75,000) 
($75,000) 
2018-19 
($75,000) 
($75,000) 
Initiative: Appropriates funds for the ongoing costs of Legislators serving on the 
Marijuana Advisory Commission. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOT AL 
Legislature 0081 
2017-18 
$0 
$0 
$0 
2018-19 
$880 
$1,370 
$2,250 
Initiative: Appropriates funds for the ongoing costs of Legislators serving on the Special 
Commission on Impaired Driving. 
GENERAL FUND 
Personal Services 
All Other 
2017-18 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
$880 
$1,370 
COMMITTEE AMENDMENT'~" to H.P. 1199, L.D. 1719 
GENERAL FUND TOTAL 
LEGISLATURE 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
$0 
$2,250 
2017-18 
2018-19 
$0 
$4,500 
$0 
$4,500 
Initiative: Provides funding for 2 Paralegal positions and related costs to review and make 
confidential all eligible marijuana convictions. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
IDGHWAYFUND 
Personal Services 
All Other 
HIGHWAY FUND TOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
HIGHWAY FUND 
DEPARTMENT TOTAL - ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
2017-18 
$0 
COMMITTEE AMENDMENT 
2018-19 
2.000 
$138,288 
$47,151 
$185,439 
2018-19 
$74,462 
$27,177 
$101,639 
2018-19 
$185,439 
$101,639 
$287,078 
2018-19 
$2,838,784 
:-.-.,' 
COMMITTEE AMENDMENT ,6" to H.P. 1199, L.D. 1719 
HIGHWAY FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
$0 
($91,032) 
($91,032) 
$101,639 
$735,716 
$3,676,139 
This amendment replaces the bill and is the minority report of the committee. Under 
this amendment, as directed by a revision clause, the term "marijuana" will be replaced 
with the term "cannabis" in the Maine Revised Statutes. This amendment makes the 
following changes to the Marijuana Legalization Act, referred to in this summary as "the 
Act." 
1. It changes provisions in the Act that authorize the state licensing authority, which 
is the Department of Administrative and Financial Services, to delegate rulemaking to 
other state agencies as cited under the Act to say that the state licensing authority may, or 
in some instances must, consult with those agencies regarding rulemaking. 
2. It expands the type of retail marijuana licenses that may be established under the 
Act to include transportation licenses, delivery services licenses, storage service licenses, 
research licenses and special event licenses for on-premises consumption of marijuana. 
3. 
It directs the state licensing authority to ensure that the license privileges 
encourage competition with the unregulated marijuana market and allow for small-scale 
cultivators and . products manufacturers to have a streamlined application process for 
licenses that authorize retail sales directly to consumers. 
4. It provides that law enforcement, upon encountering a representative of a retail 
marijuana licensee transporting marijuana, must presume that the possession, cultivation 
and transportation of the marijuana is legal and in compliance with the Act. 
This 
presumption of lawful possession, cultivation and transportation of marijuana is also 
applied to a person 21 years of age or older. 
5. It amends the several provisions in the Act that state the Act is not intended to 
limit law enforcement authority to investigate unlawful activity related to a retail 
marijuana establishment to clarify that law enforcement's role is to investigate only 
suspected criminal activity as the Act authorizes the state licensing authority to regulate 
retail marijuana licensees for other violations related to the operation of a licensed 
establishment. 
6. It amends the definition of "plant canopy" to include in the calculation of plant 
canopy only those areas in which mature marijuana plants are to be cultivated. 
7. 
It repeals the statewide cultivation cap under the Act and establishes a new 
structure for retail marijuana cultivation facility licenses that allows for, among other 
cultivation license types, nursery cultivation facilities and small cultivator cooperatives. 
8. It requires licenses for licensed retail marijuana establishments and social clubs to 
prohibit the licensees from transferring information to an official with the Federal 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT6"toH.P.1199,L.D.1719 
Government regarding any person who transacts business with the licensees unless 
presented with a court order or search warrant. 
9. It allows for the consumption of marijuana on the premises of a retail marijuana 
store licensee that is not licensed as a social club under a temporary license issued by the 
state licensing authority or under a permanent license issued by the state licensing 
authority as part of a licensing pilot project. 
10. It permits a municipality to impose a licensing fee and a public health and safety 
impact fee on marijuana licensees within the municipality and also allows for a local 
option sales tax. 
11. It specifies that the Act, or rules adopted pursuant to the Act, may not be 
construed as altering existing penalties, including those relating to actions such as 
operating vehicles while impaired by marijuana, or laws prohibiting furnishing marijuana 
to persons under 21 years of age or the possession of marijuana on the grounds of a 
public or private school where children attend classes or as altering other similar laws 
governing marijuana. 
12. 
It provides protections of parental rights similar to those under the Maine 
Medical Use of Marijuana Act pertaining to the lawful possession or consumption of 
marijuana. 
13. It prohibits a law enforcement officer from engaging in profiling or taking action 
resulting from profiling to enforce provisions of the Act. The amendment provides a 
definition of profiling. 
14. It provides that the Retail Marijuana Regulatory Coordination Fund must be used 
to support public and behavioral health programs and services, including evidence-based 
substance abuse prevention and treatment programs, and for training municipal police in 
restorative justice and other programs mitigating negative social impacts. 
15. It establishes a working group on retail marijuana energy and environmental 
standards, the Special Commission on Impaired Driving and the Marijuana Advisory 
Commission. It also directs the development of a marijuana research agenda and a craft 
marijuana report regarding marijuana industry participation of farmers and businesses of 
all sizes. 
16. It establishes a retail sales tax rate of 17 .5% on marijuana sold by licensees under 
the Act. 
17. It requires that rules required under the Act must be provisionally adopted by 
December 1, 2018. In adopting such rules, the state licensing authority must consider 
proposals considered by the Joint Select Committee on Marijuana Legalization 
Implementation as amendments to the Marijuana Legalization Act. 
18. It directs the Department of Public Safety, Bureau of State Police, State Bureau 
8 
of Identification to make confidential all records of criminal convictions in the State that 
relate to convictions for activities that are now authorized under the Act. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENTb"toH.P.1199,L.D. 1719 
19. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/05/18 ;fldac 
LD 1719 
LR 2805(03) 
An Act To Implement a Regulatory Structure for Adult Use-Marijuana 
Fiscal Note for Bill as Amended by Committee Amendment 8( ;/-13 0 
Committee: Marijuana Legalization Implementation 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/ Allocations 
General Fund 
Highway Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
$0 
$0 
$0 
$0 
($91,032) 
$0 
$0 
FY2018-19 
$1,273,234 
$101,639 
$2,838,784 
$101,639 
$735,716 
$1,565,550 
$865,860 
Projections 
FY2019-20 
($2,950,050) 
$104,228 
$3,319,950 
$104,228 
$892,078 
$6,270,000 
$1,727,355 
Projections 
FY 2020-21 
($6,622,543) 
$107,416 
$3,423,707 
$107,416 
$900,355 
$10,046,250 
$1,926,105 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund revenue by minor amounts. 
Fi~cal Detail and Notes 
This bill requires that, as the state licensing authority, the Department of Administrative and Financial Services 
(DAFS) may, or in some instances must, consult with other state agencies regarding rulemaking. It removes the 
regulatory authority of the Department of Agriculture, Conservation and Forestry (ACF). 
Sales Tax - The bill increases the sales tax on recreational marijuana and marijuana related products from 10% to 
17.5%. The impact on General Fund revenue will be an increase of $1,565,550 in fiscal year 2018-19, rising to 
$6,270,000 the following year. Local Government Fund revenue will increase by $31,950 in fiscal year 2018-19, 
rising to $330,000 the following year. 
LR2805(03) - Fiscal Note - Page 1 of 2 
CB( f!-131) 
License fee revenue - The bill creates manufacturing, retail store, social club, testing, occupational, delivery, 
transport, storage, special event, research and tiered cultivation licenses. License fees are estimated to generate Other 
Special Revenue Funds revenue of$833,910 in fiscal year 2018-19 and almost $1,400,000 the following year. 
Medical Marijuana revenue - This bill may lead to a reduction in the number of Maine Medical Marijuana Program 
registrations, as some registrants may decide to participate only in the non-medical marijuana industry. If this occurs it 
would reduce revenue from registration 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. 
Department of Administrative and Financial Services - The bill includes General Fund appropriations to DAFS of 
$2,723,845 in fiscal year 2018-19. Of this amount, $2,028,806 is for 32 ongoing permanent positions, $550,000 is a 
one-time appropriation to design and/or acquire tracldng system and licensing system software and $145,039 is for 
Maine Revenue Services within DAFS for one Tax Examiner position, 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. Other Special Revenue Funds allocations to DAFS of $828,017 in fiscal year 2018-19 are for 3 
positions and All Other costs for the Retail Marijuana Regulatory Coordination Fund. 
Department of Agriculture, Conservation and Forestry - Allocations of $91,032 in fiscal year 2017-18 and 
$92,301 in fiscal year 2018-19 for the Marijuana Regulation and Licensing Fund within ACF are removed. 
Department of Public Safety - The bill includes General Fund appropriations of $185,439 and Highway Fund 
allocations of $101,639 to the Department of Public Safety in fiscal year 2018-19 for 2 Paralegal positions and related 
costs to review and make confidential all eligible marijuana convictions. 
Maine Commission on Indigent Legal Services - This bill includes an ongoing deappropriation of $7 5, 000 in 2018-
to the Maine Commission on Indigent Legal Services to reflect fewer cases of assigned counsel related to 
marijuana offenses. 
Legislature - This bill provides an ongoing appropriation of $4,500 in 2018-19 to the Legislature for the costs of 
legislators serving on the Marijuana Advisory Commission and the Special Commission on Impaired Driving. 
Education, Labor, UMS, MCCS -Additional costs to the Department of Education, the Department of Labor, the 
University of Maine System and the Maine Community College System to participate in the development of the 
marijuana research agenda can be absorbed within existing budgeted resources. 
DHHS - If marijuana use increases because of legalization, the number of child welfare cases reported to the 
Department of Health and Human Services couid rise. Any increase in the number of investigations is not expected to 
increase costs to the department significantly. 
LR2805(03) - Fiscal Note - Page 2 of2