An Act To
Maine Legislature, Session 129, LD 0719
Committee Amendment CA_B_H658 (House)
Amends: 28-B MRSA §407, 36 MRSA §1818, 36 MRSA §4925, 28-B MRSA §602, 28-B MRSA §503, 28-B MRSA §202, 28-B MRSA §701, 22 MRSA §2158-B, 28-B MRSA §205, 28-B MRSA §510, 28-B MRSA §703, 28-B MRSA §803-A, 28-B MRSA §804

COMMITTEE AMENDMENT "(3" to H.P. 524, L.D. 719, Bill, "An Act To 
Amend the Adult Use Marijuana Law" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Adult Use of Marijuana' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'PART A 
Sec. A-1. 28-B MRSA §407 is enacted to read: 
§407. Revenue allocation to municipalities 
1. 
Local Government Marijuana Revenue Fund established. 
To assist in 
offsetting negative effects on local resources of local regulation and enforcement of adult 
use marijuana laws. there is established the Local Government Marijuana Revenue Fund, 
referred to in this section as "the fund." 
2. Fund sources. The fund receives money transferred to the fund pursuant to Title 
36, section 1818, subsection 2 and Title 36, section 4925, subsection 2. 
3. Distribution of funds. The Treasurer of State shall distribute the balance in the 
fund on the 20th day of each month. Money in the fund must be distributed to each 
municipality that has authorized, pursuant to sections 401 and 403, a marijuana 
establishment within the municipality, in proportion to the ratio of revenues generated 
pursuant to section 1001 and Title 36, section 1811 by all marijuana establishments 
operating within the municipality to the revenues generated pursuant to section 1001 and 
Title 36, section 1811 by all marijuana establishments operating within the State. 
4. Unorganized and deorganized areas. For purposes of municipal marijuana 
revenue distribution pursuant to this section, unorganized and deorganized areas must be 
treated as if they are municipalities. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" e" to H.P. 524, L.D. 719 
Sec. A-2. 36 MRSA §1818, as enacted by PL 2017, c. 409, Pt. D, §4, is repealed 
and the following enacted in its place: 
§1818. Tax on adult use marijuana and adult use marijuana products 
All sales tax revenue collected pursuant to section 1811 on the sale of adult use 
marijuana and adult use marijuana products must be deposited into the General Fund, 
except that, on or before the last day of each month, the State Controller shall transfer: 
1. Adult Use Marijuana Public Health and Safety Fund. Twelve percent of the 
sales tax revenue reported to the assessor as due during the preceding month pursuant to 
section 1811 to the Adult Use Marijuana Public Health and Safety Fund established under 
Title 28-B, section 1101: and 
2. Local Government Marijuana Revenue Fund. Twenty-five percent of the sales 
tax revenue reported to the assessor as due during the preceding month pursuant to 
section 1811 to the Local Government Marijuana Revenue Fund established under Title 
28-B, section 407 calculated after the transfer pursuant to subsection 1 and after the 
subtraction of the costs of the assessor in administering this subsection. For the purposes 
of this subsection, "costs of the assessor in administering this subsection" means, for each 
month in the 12-month period after the effective date of this subsection, the actual and 
anticipated cost to the assessor of administering this subsection and, in all subsequent 
months, the previous month's actual cost of administering this subsection. 
Sec. A-3. 36 MRSA §4925, an enacted by PL 2019, c. 231, Pt. B, §7, is repealed 
and the following enacted in its place: 
§4925. Application of excise tax revenue 
All excise tax revenue collected by the assessor on the sale of adult use marijuana 
pursuant to this chapter must be deposited into the General Fund, except that, on or 
before the last day of each month, the assessor shall transfer: 
1. Adult Use Marijuana Public Health and Safety Fund. Twelve percent of the 
excise tax revenue received during the preceding month pursuant to this chapter to the 
Adult Use Marijuana Public Health and Safety Fund established under Title 28-B, section 
1101; and 
2. Local Government Marijuana Revenue Fund. Twenty-five percent of the 
excise tax revenue received during the preceding month into the Local Government 
Marijuana Revenue Fund established under Title 28-B, section 407 calculated after the 
transfer pursuant to subsection 1 and after the subtraction of the costs of the assessor in 
administering this subsection. For the purposes of this subsection, "costs of the assessor 
in administering this subsection
means, for each month in the 12-month period after the 
effective date of this subsection, the actual and anticipated cost to the assessor of 
administering this subsection and, in all subsequent months, the previous month's actual 
cost of administering this subsection. 
Sec. A-4. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" B" to H.P. 524, L.D. 719 
Local Government Marijuana Revenue Fund N326 
Initiative: Provides allocation to distribute funds to municipalities to assist in offsetting 
negative effects on local resources of local regulation and enforcement of adult use 
marijuana laws. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Revenue Services, Bureau of 0002 
2019-20 
$968,000 
$968,000 
2020-21 
$3,696,000 
$3,696,000 
Initiative: Establishes one Senior Tax Examiner position to process transfers of sales and 
excise tax receipts on adult use marijuana. 
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 
PARTB 
2019-20 
1.000 
$78,520 
$5,000 
$83,520 
2019-20 
$83,520 
$968,000 
$1,051,520 
2020-21 
1.000 
$104,600 
$0 
$104,600 
2020-21 
$104,600 
$3,696,000 
$3,800,600 
Sec. B-1. 28-B MRSA §602, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
1. Scope of mandatory testing. Mandatory testing of adult use marijuana and adult 
use marijuana products under this section must include, but is not limited to, testing for: 
A. Residual solvents, poisons and toxins; 
B. Harmful chemicals; 
C. Dangerous molds and mildew; 
D. Harmful microbes, including, but not limited to, Escherichia coli and salmonella; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 1J "to H.P. 524, L.D. 719 
E. Pesticides, fungicides and insecticides; and 
F. THC potency, homogeneity and cannabinoid profiles to ensure correct labeling. 
The department may temporarily waive mandatory testing requirements under this section 
for any contaminant or factor for 1.vhich the department has determined that there e3dsts 
no licensed tsstinfl facilitv in the Stats canahls of and mwtifisd to nsrform such tsstinP-
PARTC 
Sec. C-1. 28-B MRSA §503, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
2. Certification; accreditation and licensure; compliance with operational and 
technical requirements. A testing facility may not commence or continue operation Q!. 
after having been certified, continue operation unless the testing facility: 
A. Is certified for operation by the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention, in accordance with rules adopted 
by the department after consultation with the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention, which must allow for 
inspection of the proposed or operational testing facility by the department and the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention; 
A-1. Is certified for operation by the United States Department of Health and Human 
Services, Centers for Disease Control and Prevention in accordance with regulations 
adopted by the federal Department of Health and Human Services; 
B. Except as otherwise provided in this paragraph, is accredited pursuant to standard 
ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party 
accrediting body or is certified, registered or accredited by an organization approved 
by the department. 
The department shall adopt rules regarding the scope of 
certification, registration or accreditation required for licensure of a testing facility. 
(1) The department may issue a full testing facility license to an applicant that 
meets all applicable requirements of this chapter and rules adopted pursuant to 
this chapter and that has obtained accreditation pursuant to standard ISO/IEC 
17025 of the International Organization for Standardization from a 3rd-party 
accrediting body or that is certified, registered or accredited by an approved 
organization. 
(2) 
The department may issue a provisional testing facility license to an 
applicant that otherwise meets all applicable requirements of this chapter and 
rules adopted pursuant to this chapter and that has applied for but not yet 
obtained accreditation from a 3rd party accrediting body or that has applied for 
but not yet obtained certification, registration or accreditation from an approved 
organization. The department may not rene>;v a provisional testing facility license 
morn than once. 
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COMMITTEE AMENDMENT"~" to H.P. 524, L.D. 719 
An active full or provisional testing facility license may not be issued by the 
department to an applicant until the applicant satisfies all applicable requirements of 
section 205, subsection 4; and 
C. 
Is determined by the department to meet all operational and technical 
requirements for testing facilities under this chapter and the rules adopted under this 
chapter. 
PARTD 
Sec. D-1. 28-B MRSA §202, first,, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
An applicant for a license to operate a marijuana establishment must meet each of the 
following requirements, if applicable. Except as otherwise provided in this section, if the 
applicant is a business entity, every officer, director, manager and general partner of the 
business entity and every owner and investor of any type and in any amount in the 
business entity must meet each of the requirements of this section. An applicant shall 
disclose in or include with its application the names and addresses of the applicant and., 
all natural persons and business entities having a direct or indirect financial interest. all 
natural persons and business entities having an ownership interest of any type and in any 
amount in the business entity, whether direct, indirect, limited or unlimited, and all 
natural persons and business entities having an investment interest of any type and in any 
amount in the business entity in the applied-for license and the nature and extent of the 
financial interest held by each person or entity and, if applicable, the nature and extent of 
any financial interest the person or entity has in any other license applied for or issued 
under this chapter. 
Sec. D-2. 28-B MRSA §202, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
2. Resident. If the applicant is a natural person, the applicant must be a resident. If 
the applicant is a business entity: 
A. Every officer, director, manager and general partner of the business entity and 
every owner and investor of any type or amount in the business entity must be a 
natural person who is a resident; and 
B. A majority All of the shares, membership interests, partnership interests or other 
equity ownership interests as applicable to the business entity must be held or owned 
by natural persons who are residents or business entities whose owners are all natural 
persons who are residents. 
Thi 1, 1,11h1,eotion rloe1, not annlv to Rn ru,nlfoant for a testimr faoilitv liosnse. 
PARTE 
Sec. E-1. 28-B MRSA §701, sub-§1-A is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "D "to H.P. 524, L.D. 719 
1-A. Labeling regarding health effects. All marijuana and marijuana products to 
be sold or offered for sale by a licensee to a consumer or potential consumer must be 
labeled in a manner that displays prominently to the consumer or potential consumer that: 
A. Inhaling, smoking, eating, using or otherwise consuming marijuana or marijuana 
products has been connected to negative health effects, including but not limited to 
schizophrenia, mental illness, psychosis, disrupted learning and memory and 
interruption of the normal development of the brain; and 
B. Inhaling, smoking, eating, using or otherwise consuming marijuana or marijuana 
products has been connected to additional negative health effects as determined by 
the Department of Health and Human Services, Maine Center for Disease Control 
and Prevention. 
The Department of Administrative and Financial Services shall adopt rules to implement 
this subsection. Rules adopted pursuant to this subsection are major substantive rules as 
defined by Title 5, chapter 375, subchapter 2-A. 
PARTF 
Sec. F-1. 22 MRSA §2158-B is enacted to read: 
§2158-B. Food, food additives and food products containing adult use marijuana . 
not adulterated 
Notwithstanding any provision of law to the contrary, food, food additives or food 
products that contain adult use marijuana are not considered to be adulterated under this 
subchapter based solely on the inclusion of adult use marijuana. For the purposes of this 
section, "adult use marijuana" has the same meaning as in Title 28-B, section 102, 
subsection 1. 
Sec. F-2. 28-B MRSA §205, sub-§4, as amended by PL 2019, c. 231, Pt. B, §1, 
is further amended to read: 
4. 
Issuance of active license upon certification of local authorization and 
payment of applicable license fee. +he Except as otherwise provided in this subsection, 
the department shall issue an active license to an applicant that has been issued a 
conditional license pursuant to subsection 3 and that meets all applicable requirements of 
this subsection. Prior to issuance of an active license pursuant to this subsection, the 
department shall require an applicant that has been issued a conditional license to submit 
information necessary for the department to determine that the applicant continues to 
meet all applicable requirements for conditional licensure under this subchapter. The 
department may refuse to issue an active license to an applicant if the department 
determines that the applicant no longer meets all applicable requirements for conditional 
licensure under this subchapter. 
A. 
Within 10 days of receiving certification of local authorization from a 
municipality as required by section 402, subsection 3, paragraph B or, in the case of a 
marijuana establishment to be located in the unorganized and deorganized areas, from 
the Maine Land Use Planning Commission as required by section 403, subsection 3, 
paragraphs B and C, the department shall notify the applicant that certification of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 524, L.D. 719 
local authorization has been confirmed and that, in order for the department to issue 
an active license, the applicant must: 
(1) Pay the applicable license fee required pursuant to section 207; 
(2) Submit a facility plan that specifies the location, size and layout of the 
marijuana establishment within the municipality or, in the case of a marijuana 
establishment to be located in the unorganized and deorganized areas, within the 
town, plantation or township in which the marijuana establishment will be 
located; 
(3) If the application is for a license to operate a cultivation facility, submit 
updated operating and cultivation plans as required under section 302 based upon 
the actual premises to be licensed, except that, if no changes to the original 
operating and cultivation plans submitted by the applicant are necessary based 
upon the actual premises to be licensed, then the applicant may satisfy this 
requirement by resubmitting the original operating and cultivation plans and 
noting on those plans that no changes are necessary; 
(4) If the application is for any license except a license to operate a testing 
facility, register with the State Tax Assessor pursuant to Title 36, section 1754-B 
to collect and remit the sales tax on the sale of adult use marijuana and adult use 
marijuana products imposed under Title 36, section 1811; and 
(5) If the application is for a license to operate a cultivation facility, register with 
the State Tax Assessor pursuant to Title 36, section 4922 to collect and remit the 
excise tax on the sale of adult use marijuana imposed under Title 36, chapter 723. 
B. The department shall prepare and furnish to applicants, municipalities and the 
Maine Land Use Planning Commission a certification form by which the 
municipality may certify to the department that the applicant has obtained local 
authorization as required by section 402, subsection 3, paragraph B or, in the case of 
a marijuana establishment to be located in the unorganized and deorganized areas, the 
Maine Land Use Planning Commission may certify to the department that the 
applicant has obtained local authorization as required by section 403, subsection 3, 
paragraphs B and C. 
C. 
Upon receipt of payment of the applicable license fee and any other 
documentation required under paragraph A, the department shall issue an active 
license to the applicant. The license must specify the date of issuance of the license, 
the period of licensure, the date of expiration of the license, the name of the licensee 
and the address of the licensed premises. 
Sec. F-3. 28-B MRSA §503, sub-§10, as enacted by PL 2017, c. 409, Pt. A, §6, 
7 
is amended to read: 
10. Rules. The department shall adopt rules regarding the licensure, certification 
and accreditation of testing facilities and the testing of marijuana and marijuana products 
by testing facilities pursuant to this chapter, including, but not limited to, rules 
establishing acceptable testing and research practices for testing facilities, including, but 
not limited to, provisions relating to testing practices, methods and standards; remediation 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·t "to H.P. 524, L.D. 719 
and retesting procedures; quality control analysis; equipment certification and calibration; 
chemical identification; testing facility record-keeping, documentation and business 
practices; disposal of used, unused and waste marijuana and marijuana products; and 
reporting of test results. Rules adopted pursuant to this section are routine technical rules 
as defmed in Title 5, chapter 375, subchapter 2-A. 
Sec. F-4. 28-B MRSA §510, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read: 
§510. Limited access areas 
A Except as provided in subsection 1, a person may not enter or remain in any limited 
access area unless the person displays an individual identification card issued by the 
department pursuant to section 106. A lieensee shall ensure that all areas of ingress and 
egress to limited aeoess areas vt'ithin its lioensed premises are oonspiouously marked and 
that a person is not allowed to enter or remain in any limited aeoess area without 
displaying the person's individual identifioation oard issued by the department pursuant to 
seotion 106. 
1. Contractors. A licensee may allow a person to enter or remain in any limited 
access area without displaying an individual identification card if the person is a 
contractor of the licensee, including, but not limited to, an electrician, a plumber, an 
engineer or an alarm technician, whose scope of work will not involve the handling of 
marijuana or marijuana products; the person signs a visitor entry log provided and 
maintained by the licensee and is issued a visitor identification badge by the licensee; 
and, if the person is working in a limited access area with immediate access to marijuana 
or marijuana products, the person is supervised at all times by the licensee or an 
employee of the licensee. 
2. Licensee compliance. A licensee shall ensure that all areas of ingress to and 
egress from limited access areas within its licensed premises are conspicuously marked 
and that a person is not allowed to enter or remain in any limited access area without 
displaying the person's individual identification card issued by the department pursuant to 
section 106. 
Sec. F-5. 28-B MRSA §703, sub-§1, ~' as enacted by PL 2017, c. 409, Pt. A, 
§6, is amended to read: 
D. 
Must have a universal symbol stamped or embossed on each serving of the 
product, except that the department may determine by rule that, for a particular type 
of product, such stamping or embossing is impracticable and is not required; 
Sec. F-6. 28-B MRSA §803-A is enacted to read: 
§803-A. Administrative holds 
In accordance with the provisions of this section, the department may impose an 
administrative hold on a licensee if, as a result of an inspection or investigation of the 
licensee by the department or a criminal justice agency, the department determines there 
are reasonable grounds to believe the licensee or an agent or employee of the licensee has 
committed or is committing a violation of the provisions of this chapter, the rules adopted 
pursuant to this chapter or the terms, conditions or provisions of the licensee's license. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·G "to H.P. 524, L.D. 719 
1. Notice. The department shall provide to a licensee subject to an administrative 
hold notice of the imposition of that hold, which must: 
· 
A. Include a concise statement of the basis for the administrative hold; 
B. 
Detail the marijuana, marijuana products or marijuana plants subject to the 
administrative hold; 
C. Describe any operational restrictions to be placed on the licensee's license during 
the duration of the administrative hold; and 
D. Indicate actions that must be taken by the licensee as a result of the administrative 
hold. 
An administrative hold talces effect at the time that the notice under this subsection is 
provided by the department to the licensee. 
2. Licensee actions. A licensee subject to an administrative hold must physically 
segregate in a limited access area any marijuana, marijuana products or marijuana plants 
su}?ject tq the hold, as detailed in the notice under subsection 1, from any other marijuana, 
marijuana products or mariiuana plants not subject to the hold. For the duration of the 
administrative hold, the licensee may not sell, give away, transfer, transport, dispose of or 
destroy any marijuana, marijuana products or mariiuana plants subject to the hold. but 
may, as applicable, cultivate, harvest, manufacture or otherwise maintain the marijuana, 
marijuana products or marijuana plants subject to the hold unless specifically restricted 
by the department from engaging in such activities pursuant to subsection 1, paragraph C. 
3. 
Operational responsibilities and restrictions. 
A licensee subject to an 
administrative hold shall, for the duration of the hold, maintain the licensee
1s licensed 
premises and otherwise continue to operate the licensee
1s licensed marijuana 
establishment in accordance with the provisions of this chapter, the rules adopted 
pursuant to this chapter and the terms. conditions or provisions of the licensee's license 
and the provisions of the administrative hold. Except as specifically restricted by the 
department pursuant to a notice under subsection 1, the licensee may, for the duration of 
the administrative hold and as applicable to the licensee
1s license type, cultivate, 
manufacture, test or sell any marijuana, marijuana products or marijuana plants not 
subject to the administrative hold. 
4. Termination; duration. The department may terminate an administrative hold at 
any time following the imposition of the hold, except that a hold under this section may 
not be imposed for a period exceeding 30 consecutive days from the date notice is 
provided to the licensee in accordance with subsection 1. Notice of termination of an 
administrative hold must be provided by the department to the licensee subject to the 
hold. 
5. Department action; administrative hold not required prior to imposition of 
penalty. Subsequent to the termination of an administrative hold under subsection 4, the 
department, in accordance with the applicable provisions of this subchapter and the rules 
adopted pursuant to this subchapter, may impose a monetary penalty on the licensee that 
was subject to the hold or suspend or revoke the licensee's license for a violation of the 
provisions of this chapter, the rules adopted pursuant to this chapter or the terms. 
conditions or provisions of the licensee's license. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·& "to H.P. 524, L.D. 719 
The department is not required to impose an administrative hold on a licensee prior to 
imposing a monetary penalty on a licensee or suspending or revoking the licensee's 
license in accordance with the applicable provisions of this subchapter and the rules 
adopted pursuant to this subchapter for a violation of the provisions of this chapter, the 
rules adopted pursuant to this chapter or the terms, conditions or provisions of the 
licensee's license. 
Sec. F-7. 28-B MRSA §804, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read: 
§804. Rules 
The department shall adopt rules governing the imposition of administrative holds. 
monetary penalties, suspensions and revocations under this subchapter, which must 
include, but are not limited to, provisions relating to notice and conduct of hearings 
consistent with the Maine Administrative Procedure Act and provisions relating to the 
disposition of unauthorized marijuana and marijuana products of a licensee. 
PARTG 
Sec. G-1. Department of Administrative and Financial Services, office of 
marijuana policy; approval of final adoption. Final adoption of Chapter 1: Adult 
Use Marijuana Program, a provisionally adopted major substantive rule of the 
Department of Administrative and Financial Services, office of marijuana policy that was 
submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A outside the legislative rule acceptance period, is authorized 
only if the following changes are made: 
1. The rule must be amended in the section labeled "General" to: 
A. 
Clarify in the first paragraph of that section that the rule establishes the 
requirements for licensure as a marijuana establishment, including the fees, 
application and licensing processes and requirements for the cultivation, manufacture, 
testing and sale of adult use marijuana and adult use marijuana products; that the 
activities described in the rule may be considered a violation of federal law; and that 
persons cultivating, manufacturing, testing, selling, purchasing or otherwise receiving 
adult use marijuana or adult use marijuana products may be subject to federal 
sanctions for what may otherwise be considered authorized conduct in the State and 
that compliance with the rule does not exempt licensees, their employees or 
customers from possible federal prosecution; 
B. Delete the sentence in the first paragraph of that section: "The Department is not 
responsible or liable for the actions of marijuana establishments under these rules"; 
C. 
Delete the 2nd, 3rd, 4th and 5th paragraphs of that section regarding the 
availability and location of copies of the Code of Federal Regulations, the Maine 
Revised Statutes and the Code of Maine Rules; 
2. The rule must be amended in section 1.1 to clarify that the department, acting 
through its office of marijuana policy, has developed the following rule in accordance 
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COMMITTEEAMENDMENT"8"toH.P. 524,L.D. 719 
with the statutory authority provided in Title 28-B, section 104 for the purpose of 
implementing, administering and enforcing the provisions of Title 28-B, chapter 1; 
3. The rule must be amended, as necessary, in sections 1.3(1), 2.4.7, 2.4.9(B)(2), 
12.1.3, 12.2.2(B)(l) and 12.2.3(B)(15) and any other relevant sections to substitute for 
the broad reference to the Maine Revised Statutes a reference to Title 28-B specifically; 
4. The rule must be amended in section 1.3(4) to delete the definition for "age 
restricted retail area." The rule must be amended, as necessary, in sections 2.2.l(C)(6), 
2.4.7(A), 3.2, 3.3.4(A), 3.4.l(C)(5), 3.6.4(E) and 3.9.4(A) and any other relevant sections 
to incorporate that deletion and to otherwise provide that, consistent with Title 28-B, 
section 507, the entry of persons under 21 years of age into the licensed premises of a 
marijuana establishment is prohibited; 
5. 
The rule must be amended in sections 1.3(5), 1.3(14) and 1.3(58) to delete 
definitions for 
II analytical batch, 
11 commissioner" and "nursery plant canopy"; 
6. The rule must be amended in sections 1.3(16), 1.3(33), 2.3.l(D)(l) and 12.1.3 and 
any other relevant sections to delete references to the phrase "the rules adopted pursuant 
to this chapter. 
The rule must be amended as necessary and where appropriate to 
substitute for the term "this chapter" the term "this rule"; 
7. 
The rule must be amended in section 1.3(29) to define the term "inherently 
hazardous substance, 
consistent with the statutory definition in Title 28-B, section 102, 
subsection 20, rather than the term "inherently hazardous materials.
The rule must be 
amended in sections 2.4.9(D) and 2.6.5(A)(l) and any other relevant sections to 
incorporate that amended definition; 
8. The rule must be amended, as necessary, in sections 1.3(35), 2.7.1 and 3.2.3 and 
any other relevant sections to clarify that, consistent with Title 28-B, section 510, entry 
into limited access areas is authorized only for persons displaying an individual 
identification card and for contractors of a licensee and is not authorized for any other 
persons; 
9. The rule must be amended in sections 1.3(37), 2.6.5(A)(3)(a), 3.5.l(C)(3) and 
12.2.2(B)(l) and any other relevant sections to reference the Maine Land Use Planning 
Commission; 
10. The rule must be amended, as appropriate, in sections 1.3(40), 3.8.2(A)(l), 
3.8.2(B) and 3.8.5(C)(2) and any other relevant sections to substitute for the term 
"cannabis" the term "marijuana"; 
11. The rule must be amended in sections 1.3(47) and 1.3(83) to delete definitions 
for "marijuana items" and "usable marijuana." The rule must be amended, as necessary, 
in sections 1.3(28), 1.3(65), 3.4.l(E), 3.6.2(D), 3.6.6(E), 3.9.3, 3.9.5, 4.2.2, 4.2.4(B), 
5.l(A), 5.2, 8.1, 11.1.1, 11.1.2, 12.2.3(B)(6), 12.5(D) and 12.7(B) and any other relevant 
sections to substitute for those deleted terms the terms "marijuana, 
"marijuana 
concentrate" and "marijuana products," as appropriate, and in a manner consistent with 
the definitions of those terms in sections 1.3(41), 1.3(42) and 1.3(49); 
12. 
The rule must be amended in section 1.3(51) to define "marijuana trim," 
consistent with the statutory definition in Title 28-B, section 102, subsection 35, to mean 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·i "to H.P. 524, L.D. 719 
any part of a marijuana plant, whether processed or unprocessed, that is not marijuana 
flower or a marijuana seed; 
13. The rule must be amended in section 1.3(55) to delete the definition for "minor," 
and the rule must be amended, as necessary, in sections 3.8.2(A), 3.9.3(E), 5.2(A)(l), 
5.2(B)(5), 12.2.2(B)(7) and 12.2.3(B)(8) and any other relevant sections to substitute the 
terms "person under 21 years of age" or "persons under 21 years of age'' as appropriate; 
14. The rule must be amended in sections 1.3(60), 1.3(61) and 1.3(80) to delete 
definitions for "other interested parties," "party of control" and "true party of interest." 
The rule must be amended, as necessary and appropriate, in sections 2.4.2, 2.4.3, 2.5.1, 
2.6.5(A)(7), 2.7.2(B), 2.8.3(B), 2.10, 3.1, 12.1.2(D), 12.3.2(A), 12.3.4(A) and 
12.3.5(C)(3) and any other relevant sections to substitute for those deleted terms the 
statutory terminology in Title 28-B, chapter 1, subchapter 2 regarding the characterization 
of ownership interests, to incorporate the statutory application of the general licensing 
criteria in Title 28-B, section 202 to the ownership interests in a license, to incorporate 
the statutory requirements in Title 28-B, section 202 regarding the disclosure of direct 
and indirect financial interests in a license and to otherwise amend the rule consistent 
with the characterization of ownership interests in a license in Title 28-B, chapter 1, 
subchapter 2 and the application of the provisions of Title 28-B, chapter 1, subchapter 2 
to those ownership interests; 
15. The rule must be amended in section 1.3(63) to define "plant canopy," consistent 
with the statutory definition in Title 28-B, section 102, subsection 41, to mean the total 
surface area within the licensed premises of a cultivation facility that is authorized by the 
department for use at any time by the 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 cultivation facility licensee, the surface area of each tier or 
shelf must be included in calculating the area of the plant canopy. Calculation of the area 
of the plant canopy may not include the areas within the licensed premises of a 
cultivation facility that are used by the licensee to cultivate immature marijuana plants 
and seedlings and that are not used by the licensee at any time to cultivate mature 
marijuana plants; 
16. The rule must be amended in section 1.3(64) to define "premises" to mean the 
designated area within a structure or structures and land specified in a license application 
that is owned, leased or otherwise held under the control of the applicant or licensee 
where conduct related to the cultivation, manufacture, testing or sale of adult use 
marijuana and adult use marijuana products occurs. The premises must be a contiguous 
area and may be occupied by only one marijuana establishment unless otherwise 
permitted by statute or this rule, except that nothing in this definition may be construed to 
prohibit the siting of multiple marijuana establishments in the same building or property 
as long as each marijuana establishment operates in a space physically distinct from any 
other marijuana establishment; 
17. The rule must be amended in 1.3(65) to delete the definition for "process," and 
the rule must be amended, as necessary, in sections 1.3(35), 2.4.8(B), 2.7.l(A)(l), 
COMMITTEE AMENDMENT 
.,. 
COMMITTEE AMENDMENT "8 "to H.P. 524, L.D. 719 
2.7.l(C), 3.3.1, 3.3.4, 10, 11.3.2(A)(l), 12.6.l(C) and 12.7(A)(5) and any other relevant 
sections to substitute the term "cultivation," as appropriate, for the term "process"; 
18. The rule must be amended in section 1.3(69) to delete reference to provisional 
license for a testing facility; 
19. The rule must be amended in section l.3(70)(a) to substitute for the phrase "This 
paragraph is repealed effective June 1, 2021
the phrase "This requirement does not apply 
after May 31, 2021
; 
20. The rule must be amended in section 1.3 to: 
A. Define "certificate of analysis" consistent with the use of that term in sections 
3.8.2(F), 3.9.3(Q) and 11; 
B. Define ''qualifying patient," consistent with the statutory definition in Title 28-B, 
section 102, subsection 45, to mean a person who possesses a valid certification for 
the medical use of marijuana pursuant to Title 22, section 2423-B. The rule must be 
amended, as necessary, in any relevant sections to ensure the correct use of that 
defined term; 
C. Define "registered dispensary," consistent with the statutory definition in Title 
28-B, section 102, subsection 46, as having the same meaning as in Title 22, section 
2422, subsection 6. The rule must be amended, as necessary, in sections 2.4.4(D), 
2.4.8 and 2.4.9 and any other relevant sections to ensure the correct use of that 
defined term; 
D. Define "registered caregiver," consistent with the statutory definition in Title 
28-B, section 102, subsection 47, as having the same meaning as in Title 22, section 
2422, subsection 11. The rule must be amended, as necessary, in sections 2.4.4(D), 
2.4.8 and 2.4.9 and any other relevant sections to ensure the correct use of that 
defined term; and 
E. Define "sample," consistent with the statutory definition in Title 28-B, section 
102, subsection 50, to mean: 
(1) An amount of marijuana or an amount of a marijuana product provided to a 
testing facility by a marijuana establishment or other person for testing or 
research and development purposes in accordance with Title 28-B, chapter 1, 
subchapter 6; 
(2) An amount of adult use marijuana or an amount of an adult use marijuana 
product collected from a licensee by the department for the purposes of testing 
the marijuana or marijuana product for product quality control purposes pursuant 
to Title 28-B, section 512, subsection 2; 
(3) An amount of adult use marijuana provided by a cultivation facility to 
another licensee for business or marketing purposes pursuant to Title 28-B, 
section 501, subsection 8; or 
(4) An amount of adult use marijuana or an amount of an adult use marijuana 
product provided to another licensee by a products manufacturing facility for 
business or marketing purposes pursuant to Title 28-B, section 502, subsection 6. 
COMMITTEE AMENDMENT 
-~-
· 
COMMITTEE AMENDMENT "D" to H.P. 524, L.D. 719 
The rule must be amended, as necessary, in any relevant sections to ensure the correct 
use of that defined term; 
21. The rule must be amended in sections 2.1.1, 2.2, 2.4, 3.3.1, 3.9.5, 4.1 and 13 and 
any other relevant sections to describe "types" of licenses rather than "classes" of 
licenses; 
22. The rule must be amended to delete section 2.1.2 and to amend, as necessary and 
appropriate, any other sections affected by that deletion; 
23. 
The rule must be amended, as necessary, in sections 2.2.l(C)(7) and 
3.9.l(A)(l)(b) to clarify that a nursery cultivation facility, consistent with Title 28-B, 
section 501, subsection 3, paragraph D, may sell to consumers only immature marijuana 
plants, seedlings, marijuana seeds and agricultural or gardening supplies relating to the 
cultivation of marijuana; 
24. The rule must be amended, as necessary, in section 2.2.3 and any other relevant 
sections to clarify that the addition of marijuana to food is not considered adulteration as 
provided in Title 22, section 2158-B; 
25. The rule must be amended, as necessary, in sections 2.2.4 and 3.9 and any other 
relevant sections to incorporate all statutory prohibitions regarding the items authorized 
for sale by marijuana stores, and the prohibitions applicable to sales by marijuana stores 
consistent with Title 28-B, section 504, subsections 1 and 2; 
26. The rule must be amended in section 2.3.l(B), and section 2.5.1 to be consistent 
with Title 28-B, section 202 requiring all owners and investors of any type and in any 
amount to be residents of the State; 
27. The rule must be amended, as necessary, in section 2.3.l(E) and any other 
relevant sections to substitute for the term "felony" the phrase "a crime punishable by 
imprisonment for one year or more" and to substitute for the term 
11misdemeanor
the 
phrase 
11a crime punishable by imprisonment for less than one year'1; 
28. The rule must be amended in section 2.3.l(E)(2) and any other relevant sections 
to clarify that the applicant shall submit and the department shall consider all applicants
criminal convictions in this State or in another jurisdiction for offenses involving only 
dishonesty, deception, misappropriation or fraud, but that, consistent with Title 28-B, 
section 203, subsection 1, any such convictions may not be automatically disqualifying 
for the purposes of licensure; 
29. The rule must be amended, as necessary, in section 2.3.l(E)(7) and (8) and any 
other relevant sections to clarify that the applicant shall submit and the department shall 
consider all applicants1 tax compliance history, but that, consistent with Title 28-B, 
section 203, subsection 2, any tax delinquency may not be automatically disqualifying for 
the purposes oflicensure; 
30. 
The rule must be amended in section 2.3.1 to incorporate the statutory 
requirement in Title 28-B, section 203, subsection 3 that the applicant submit and the 
department consider information regarding any violations or penalties imposed on the 
applicant in another jurisdiction regarding the regulated cultivation, manufacture, testing 
or sale of marijuana or marijuana products, but that any such violations or penalties may 
not be automatically disqualifying for the purposes of licensure; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "[j "to H.P. 524, L.D. 719 
31. The rule must be amended, as necessary, in section 2.4.l(B) and any other 
relevant sections to clarify that a conditional license issued by the department may be 
used by the applicant to which the license was issued to demonstrate that the applicant 
has met all applicable requirements for conditional licensure in accordance with Title 
28-B, section 205, subsection 3 for the purpose of seeking local authorization; 
32. The rule must be amended, as necessary, in section 2.4.3(A)(8) and any other 
relevant sections to remove authorization for the department to disseminate or disclose 
criminal history record information obtained through a criminal history record check if 
requested as part of a law enforcement investigation. The rule must be amended, as 
necessary, in section 2.4.3 to ensure consistency between the provisions of section 2.4.3 
and the provisions of Title 28-B, section 204; 
33. The rule must be amended in sections 2.4.4(B) and 12.1.2(F) to substitute for the 
terms "Maine Electrical Code" and "Maine's Electrical Code" the term "applicable 
electrical code"; 
34. The rule must be amended in sections 2.4.4(D), 2.4.8, 2.4.9, 3.4.l(D), 3.6.7, 
3.8.6, 12.2.2(B)(3) and 12.3.5(C) and any other relevant sections to substitute the terms 
"marijuana for medical use," "marijuana products for medical use,
"marijuana 
concentrate for medical use," "marijuana plants for medical use, 
"marijuana cultivation 
for medical use" and other similar terminology, as appropriate and as consistent with the 
use of such terminology in Title 22, chapter 558-C and in Title 28-B, for any incorrect 
terminology in those sections; 
35. The rule must be amended, as necessary, in sections 2.4.8, 2.4.9 and 3.9 and any 
other relevant sections to incorporate the statutory prohibition in Title 28-B, section 504, 
subsection 5 on the use of a shared facility for the sale of adult use marijuana and adult 
use marijuana products and the sale of marijuana and marijuana products for medical use; 
36. 
The rule must be amended in section 2.4.9(A) to substitute for the term 
"registered medical marijuana manufacturing facility" the term "manufacturing facility 
registered in accordance with Title 22, section 2423-F"; 
37. The rule must be amended in section 2.5.1 to clarify that the department verifies 
that each marijuana establishment satisfies the residency requirements of Title 28-B, 
section 202, subsection 2 and this rule. The rule must be amended in section 2.5.l(C) to 
clarify that the department may refuse to issue a conditional license to an applicant at its 
discretion until it is satisfied that the applicant has satisfied the residency requirements of 
Title 28-B, section 202, subsection 2 and this rule; 
38. The rule must be amended, as necessary, in section 2.5.5 and any other relevant 
sections to clarify that any denial of an application for a conditional license must be for 
good cause consistent with Title 28-B, section 206; 
39. The rule must be amended in the headnote of section 2.6, Application for Active 
License, or Provisional Testing License, and in the text of section 2.6, consistent with 
Title 28-B, section 503, subsection 2 in which there is no provisional licensing for testing 
facilities; 
40. The rule must be amended in section 2.6.2(B) to clarify that upon receipt of a 
local authorization certification form, the department shall, within 10 calendar days, 
COMMITTEE AMENDMENT 
.. ~. 
COMMITTEE AMENDMENT" b"toH.P. 524, L.D. 719 
notify the applicant of any additional information needed for the issuance of an active 
license; 
41. 
The rule must be amended in section 2.7.2(D) to substitute for the phrase 
"medical marijuana credential revocation" the phrase "revocation of a registry 
identification card or registration certificate issued pursuant to Title 22, chapter 558-C"; 
42. The rule must be amended in section 2.8.l(B) and any other relevant sections to 
remove authority for the department to authorize inspections by a 3rd party; 
43. The rule must be amended, as necessary, in sections 2.8.l(E) and 2.8.2 and any 
other relevant sections to clarify the application of and the requirements for an increase in 
cultivation tier upon approval, consistent with Title 28-B, section 303, and the application 
of and the requirements for an increase in maximum licensed plant canopy upon renewal 
of a tier 4 cultivation facility license, consistent with Title 28-B, section 304, including, 
but not limited to, clarification that the increase under Title 28-B, section 304 is available 
only with respect to a tier 4 cultivation facility license and is available to a licensee only 
every 2 years; 
44. The rule must be amended, as necessa1y, in section 2.10 to refer to a transfer of 
ownership interests instead of a transfer of license, consistent with Title 28-B, section 
210; 
45. The rule must be amended, as necessary, in section 2 and any other relevant 
sections to incorporate: 
A. A process for revocation or refusal to renew an inactive license, consistent with 
Title 28-B, section 214; 
B. The statutory prohibitions in Title 28-B, section 205, subsection 2, paragraphs A, 
B and C regarding the limitation on the number of cultivation facility licenses or total 
authorized plant canopy in common ownership, the limitation on the common 
ownership of a testing facility license and any other license type or common 
ownership with a registered caregiver or registered dispensary and the limitation until 
January 1, 2022 on the number of marijuana store licenses in common ownership; 
and 
C. A process for the termination of a license, consistent with Title 28-B, section 212; 
46. The rule must be amended in sections 3.6.3(B)(3) and (4) to substitute for the 
term "marijuana plant start" the term "seedling"; 
47. The rule must be amended, as necessary, in sections 3.8.l(G), 5.2(B)(9), 11 and 
12.5 and any other relevant sections to remove the term "third-party" in reference to 
testing facilities or laboratories and to substitute, as appropriate, for the terms 
"laboratory" or "laboratories" the terms "testing facility" or "testing facilities"; 
48. The rule must be amended, as necessary, in section 3.8.2(A)(2) and any other 
relevant sections to incorporate the statutory prohibition in Title 28-B, section 703, 
subsection 1, paragraph E on the sale of edible marijuana products in the distinct shape of 
a human, animal or fruit and ensure consistency with Title 28-B, section 703, subsection 
1, paragraph E; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 524, L.D. 719 
49. The rule must be amended, as necessary, in section 3.9.7(B) and any other 
relevant sections to clarify that reusable exit packaging that is not tamper-evident may be 
used or sold by a licensee only if marijuana or marijuana products sold to a consumer that 
are placed in such reusable exit packaging are prepackaged in tamper-evident packaging 
and that such sale otherwise meets applicable packaging requirements of Title 28-B, 
section 701, subsection 2. The rule must be amended, as necessary, in sections 11.3, 11.4 
and 11.5 and any other relevant sections to ensure consistency with the requirements in 
Title 28-B, section 701, subsection 2 regarding tamper-evident, child-resistant and 
opaque packaging; 
50. The rule must be amended in section 4.l(B)(ll) and any other relevant sections 
to require a licensee to record in the tracking system data regarding, where applicable, the 
municipality or municipalities where the marijuana or marijuana product was cultivated, 
harvested, manufactured, tested, sold to other licensees, sold to consumers and disposed 
of or destroyed; 
51. The rule must be amended, as necessary, in section 5 and any other relevant 
sections, consistent with the statutory prohibition in Title 28-B, section 702, subsection 1, 
paragraph B, on advertising or marketing that has a high likelihood of reaching persons 
under 21 years of age or that is specifically designed to appeal particularly to persons 
under 21 years of age and to incorporate the statutory prohibition in Title 28-B, section 
702, subsection 1, paragraph C on the use of advertising by a marijuana establishment 
within 1,000 feet from a school; 
52. The rule must be amended, as necessary, in section 6.1.1 and any other relevant 
sections to clarify that trade samples may not be sold or otherwise provided or conveyed 
for payment or consideration; 
53. The rule must be amended in section 9 to delete the 2nd sentence of the first 
paragraph and to delete section 9.1(A)(2). The rule must be amended in section 9.l(A)(l) 
to provide that licensees must notify the Department of Public Safety of a discharge but 
are not required to notify the Department of Environmental Protection of such discharge. 
The rule must be amended in section 9.l(B)(l) to provide that the licensee must contact 
the National Response Center. The rule must be amended in section 9.2(A) to provide 
that a marijuana plant, marijuana trim, other marijuana and other plant material may be 
classified as hazardous waste if it is toxic, flammable or a listed waste subject to 
regulation under Department of Environmental Protection rule Chapter 850; 
54. The rule must be amended in the 2nd sentence of section 11 to delete the phrase 
"if such facility is in operation"; 
55. The rule must be amended in section 11 to delete the 3rd provision and insert a 
new provision that states that the department may not waive testing requirements in the 
rules for any reason; 
56. The rule must be amended in section 11.1.2 to add new paragraphs that: 
A. Require that all marijuana and marijuana products must be labeled in a manner 
that displays prominently to the consumer or potential consumer that inhaling, 
smoking, eating, using or otherwise consuming marijuana or marijuana products has 
been connected to negative health effects, including but not limited to schizophrenia, 
COMMITTEE AMENDMENT 
_i. 
COMMITTEE AMENDMENT"[},, to H.P. 524, L.D. 719 
mental illness, psychosis, disrupted learning and memory and interruption of the 
normal development of the brain; and 
B. Requires that all marijuana and marijuana products must be labeled in a manner 
that displays prominently to the consumer or potential consumer the risks connected 
to inhaling, smoking, eating, using or otherwise consuming marijuana or marijuana 
products that have been found to exist by the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention; 
57. The rule must be amended, as necessary, in section 11.l.3(F) and any other 
relevant sections, consistent with the statutory prohibition in Title 28-B, section 701, 
subsection 4, paragraph B, on labeling or packaging of marijuana or marijuana products 
in a manner that is specifically designed to appeal particularly to a person under 21 years 
of age. The rule must be amended, as necessary, in section 11.1 to incorporate the 
statutory requirements in Title 28-B, section 701, subsection 1, paragraphs A, B and C 
that all marijuana and marijuana product labels include the license numbers of the 
cultivation facility and products manufacturing facility, if applicable, involved with the 
cultivation and manufacture of the marijuana or marijuana product, an identity statement 
and health and safety warning labels. The rule must be amended, as necessary, in section 
11.1 to incorporate the statutory prohibition in Title 28-B, section 701, subsection 4, 
paragraph D on labeling or packaging that depicts a human, animal or fruit; 
8. The rule must be amended in section 11.2( C) to provide that any statement as to 
cannabinoid profile or the presence or absence of contaminants must require testing and 
label verification by a licensed testing facility; 
59. The rule must be amended in section 11.5.2 to add to the labeling requirements 
for the retail sale of topical marijuana products new provisions that: 
A. Require that all topical marijuana products must be labeled in a manner that 
displays prominently to the consumer or potential consumer that inhaling, smoking, 
eating, using or otherwise consuming marijuana or marijuana products has been 
connected to negative health effects, including but not limited to schizophrenia, 
mental illness, psychosis, disrupted learning and memory and interruption of the 
normal development of the brain; and 
B. Require that all topical marijuana products must be labeled in a manner that 
displays prominently to the consumer or potential consumer the risks connected to 
inhaling, smoking, eating, using or otherwise consuming marijuana or marijuana 
products that have been found to exist by the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention; 
60. The rule must be amended, as necessary, in section 13.6 and any other relevant 
sections to incorporate, consistent with Title 28-B, section 207, subsection 1, paragraph 
D, the increased annual license fee for a tier 4 cultivation facility license that has 
increased its maximum amount of plant canopy pursuant to Title 28-B, section 304; 
61. 
All necessary grammatical, formatting, punctuation or other technical 
nonsubstantive editing changes must be made to the rule, including, but not limited to, the 
designation of the rule chapter as "Chapter 1: Adult Use Marijuana Program" and any 
necessary correction of the description of the units of the rule to ensure proper reference 
and application of the provisions of the rule; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~· to H.P. 524, L.D. 719 
62. All other necessary changes must be made to the rule to ensure conformity and 
consistency throughout the rule and to ensure consistency between the rule and the 
provisions of this Act and between the rule and the provisions of Title 28-B. 
The Department of Administrative and Financial Services, office of marijuana policy 
is not required to hold hearings or undertake further proceedings prior to final adoption of 
the rule in accordance with this section.' 
SUMMARY 
This amendment, which is the minority report of the committee, changes the title and 
replaces the bill, which is a concept draft. 
1. Part A provides to the municipalities in which adult use marijuana cultivation 
facilities and retail stores are located 25% of the excise tax and sales tax from adult use 
marijuana sales for use in offsetting the negative effects on local resources of local 
regulation and enforcement of adult use marijuana laws. 
2. Part B repeals from the adult use marijuana laws the provision that allows the 
Department of Administrative and Financial Services to temporarily waive mandatory 
testing requirements under some circumstances. 
3. Part C requires certification of an adult use marijuana testing facility by the United 
States Department of Health and Human Services, Centers for Disease Control and 
Prevention and repeals from the law provisional licensure for testing facilities. 
4. Part D amends the general licensing criteria for all types of adult use marijuana 
establishments and requires that all investors and owners, of any type and in any amount, 
be Maine residents. The amendment repeals from the law an exception that states that the 
licensing criteria relating to residency do not apply to licensed testing facilities. 
5. Part E requires all marijuana and marijuana products to be sold or offered for sale 
to a consumer to have labels that warn of the connection of marijuana to negative health 
effects, including but not limited to schizophrenia, mental illness, psychosis, disrupted 
learning and memory and interruption of the normal development of the brain and other 
negative health effects as determined by the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention. 
6. PartF: 
A. Amends the Maine Food Law to provide that goods that are prepared in a licensed 
food establishment that is also a licensed adult use marijuana products manufacturing 
facility and that contain marijuana for adult use pursuant to the Maine Revised 
Statutes, Title 28-B, are not considered adulterated under the Maine Food Law; 
B. Authorizes the Department of Administrative and Financial Services, under the 
Marijuana Legalization Act, to require a conditionally licensed applicant seeldng 
active licensure under the Marijuana Legalization Act to submit information 
necessary for the department to determine that the applicant continues to meet all 
applicable requirements for conditional licensure and authorizes the department to 
refuse to issue an active license if the applicant no longer meets the requirements for 
conditional licensure; 
COMMITTEE AMENDMENT 
.~. 
COMMITTEE AMENDMENT"~,, to H.P. 524, L.D. 719 
C. Clarifies the routine technical rule-making authority of the department under the 
Marijuana Legalization Act with respect to the adoption of rules regarding the 
licensure, certification and accreditation of testing facilities; 
D. Amends the Marijuana Legalization Act to authorize entry into limited access 
areas within a marijuana establishment by contractors of a licensee who do not have 
an individual identification card as long as certain criteria are met; 
E. Amends the Marijuana Legalization Act to authorize the department to determine 
by rule that, for a particular type of edible marijuana product, the stamping or 
embossing of a universal symbol on each serving of the product is impracticable and 
is not required; and 
F. Amends the Marijuana Legalization Act to authorize the department to impose an 
administrative hold on a licensee, which may involve imposition of certain 
operational restrictions on the licensee's license if, as a result of an inspection or 
investigation, the department determines there are reasonable grounds to believe the 
licensee has committed or is committing a violation of the Marijuana Legalization 
Act, the rule adopted pursuant to the Marijuana Legalization Act or the conditions or 
provisions of the licensee's license. An administrative hold may not be imposed for a 
period exceeding 30 consecutive days. 
7. Part G authorizes, subject to the incorporation of specified amendments, final 
adoption of Chapter 1: Adult Use Marijuana Program, a major substantive rule of the 
Department of Administrative and Financial Services, office of marijuana policy, that 
was submitted to the Legislature for review. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/17/19 fear::::. 
LD719 
LR 2197(03) 
An Act To Amend the Adult Use Marijuana Law 
Fiscal Note for Bill as Amended by Committee Amendment ,8{_ 1/-tSS) 
Committee: Veterans and Legal Affairs 
Net Cost (Savings) 
General Fund 
. ippropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
$1,051,520 
$83,520 
$968,000 
($968,000) 
$968,000 
FY2020-21 
$3,800,600 
$104,600 
$3,696,000 
($3,696,000) 
$3,696,000 
Projections 
FY2021-22 
$5,296,600 
$104,600 
$5,192,000 
($5,192,000) 
$5,192,000 
Projections 
FY2022-23 
$7,408,600 
$104,600 
$7,304,000 
($7,304,000) 
$7,304,000 
Provisions in this bill would transfer 25% of sales and excise tax receipts to the Local Government Marijuana Revenue 
Fund (LGMRF). The bill includes an Other Special Revenue Funds allocation of $968,000 in fiscal year 2019-20 and 
$3,696,000 in fiscal year 2020-20 to allow for the distribution of the amounts credited to the LGMRF. Transferring 
sales and excise tax receipts to the LGMRF will reduce revenue to the General Fund by the same amounts, $968,000 in 
fiscal year 2019-20 and $3,696,000 in fiscal year 2020-21. 
The bill includes ongoing General Fund appropriations to the Department of Administrative and Financial Services of 
$78,520 in 2019-20 and $104,600 in fiscal year 2020-21 for one Senior Tax Examiner position to process transfers of 
sales and excise tax receipts on adult use marijuana. Another $5,000 is appropriated in the first year for one-time All 
Other costs to update sales reports and create an excise tax report to facilitate distribution to municipalities. 
Other provisions in this bill regarding ownership requirements may result in litigation which could incur additional 
costs and delay implementation. Such a delay would decrease anticipated revenue to the State and the distribution of 
funds. 
LR2197(03) - Fiscal Note - Page 1 of 1