An Act Regarding the Testing of Adult Use Marijuana and Marijuana Products
Maine Legislature, Session 129, LD 1545
Committee Amendment CA_A_S440 (Senate)
Amends: 28-B MRSA §205, 28-B MRSA §207, 28-B MRSA §209, 28-B MRSA §401, 28-B MRSA §503, 28-B MRSA §503-A, 28-B MRSA §604, 28-B MRSA §604-A

COMMITTEE AMENDMENT " 
" to S.P. 482, L.D. 1545, Bill, "An Act 
Regarding the Testing of Adult Use Marijuana and Marijuana Products" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding the Collection of Samples for Testing of Adult Use Marijuana 
and Adult Use Marijuana Products' 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, licenses to authorize the cultivation, manufacturing, testing and sale of 
adult use marijuana and adult use marijuana products are expected to be issued in the 
spring of 2020; and 
Whereas, the changes to the adult use marijuana laws proposed in this legislation 
must take effect prior to the issuance of such licenses; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-B MR.SA §102, sub-§29, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
29. 
Marijuana establishment. 
"Marijuana establishment" means a cultivation 
facility, a products manufacturing facility, a testing facility BF,. a marijuana store or a 
sample collector licensed under this chapter. 
Sec. 2. 28-B MR.SA §102, sub-§50, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
COMMITTEE AMENDMENT 
COl\tlMITTEE AMENDMENT" f\ "to S.P. 482, L.D. 1545 
50. Sample. "Sample" means: 
A. An amount of marijuana or an amount of a marijuana product provided to a 
testing facility by a marijuana establishment or other person for testing or research 
and development purposes in accordance with subchapter 6; 
B. An amount of adult use marijuana or an amount of an adult use marijuana product 
collected from a licensee by the department for the purposes of testing the marijuana 
or marijuana product for product quality control purposes pursuant to section 512, 
subsection 2; 
C. An amount of adult use marijuana provided by a cultivation facility to another 
licensee for business or marketing purposes pursuant to section 501, subsection 8; er 
D. An amount of adult use marijuana or an amount of an adult use marijuana product 
provided to another licensee by a products manufacturing facility for business or 
marketing purposes pursuant to section 502, subsection 6:-,;, 
E. An amount of marijuana or an amount of a marijuana product collected by a 
sample collector licensee and provided to a testing facility for testing consistent with 
the requirements of section 503-A; or 
F. An amount of adult use marijuana or an amount of an adult use marijuana product 
collected by a cultivation facility licensee, products manufacturing facility licensee or 
marijuana store licensee, or an employee of the licensee, and provided to a testing 
facility for testing consistent with the requirements of section 604-A. 
This paragraph is reoealed October L 2021. 
Sec. 3. 28-B MR.SA §102, sub-§50-A is enacted to read: 
50-A. Sample collector. "Sample collector" means a person licensed under this 
chapter to collect samples of marijuana and marijuana products for testing and to 
transport and deliver those samples to a testing facility for testing. 
Sec. 4. 28-B MR.SA §102, sub-§53, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
53. 
Testing or test. 
"Testing" or "test" means the research and analysis of 
marijuana, marijuana products or other substances for contaminants, safety or potency. 
"Testing" or "test" includes the collection of samples of marijuana and marijuana 
products for testing purposes, but does not include cultivation or manufacturing. 
Sec. 5. 28-B MR.SA §201, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to 
read: 
§201. License process; license types 
The department, upon receipt of an application in the prescribed form that meets all 
applicable requirements for licensure under this chapter and the rules adopted pursuant to 
this chapter, shall issue to the applicant a conditional license to operate one or more of the 
following types of marijuana establishments or shall deny the application in accordance 
with section 206: 
COMMITTEE AMENDMENT 
COMJillTTEE AMENDMENT" fr" to S.P. 482, L.D. 1545 
1. Cultivation facility. Consistent with the requirements and restrictions of section 
205, subsection 2, paragraph A and subchapter 3, a cultivation facility license; 
2. Testing facility. Consistent with the requirements and restrictions of section 205, 
subsection 2, paragraph Band section 503, subsection 2, a testing facility license; 
3. Products manufacturing facility. A products manufacturing facility license; eF 
4. Marijuana store. Consistent with the restrictions of section 205, subsection 2, 
paragraph C, a marijuana store license-:,;,,,Q!'. 
5. Sample collector. Consistent with the requirements and restrictions of section 
205, subsection 2, paragraph B and section 503-A. a sample collector license. 
Except as provided in section 205, the department may not impose any limitation on 
the number of each type of license that it issues to a qualified individual applicant or on 
the total number of each type of license that it issues to qualified applicants pursuant to 
this chapter. 
Sec. 6. 28-B MRSA §205, sub-§2, ,iB, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by c. 452, §37, is further amended to read: 
B. If the applicant has applied for the issuance or renewal of a testing facility license 
or sample collector license, the applicant may not be a caregiver or registered 
caregiver or have an interest in a registered dispensary, a cultivation facility license, a 
products manufacturing facility license or a marijuana store license. If the applicant 
has applied for the issuance or renewal of any license under this chapter that is not a 
testing facility license or a sample collector license, the applicant may not have an 
interest in a testing facility license or a sample collector license. An applicant that 
meets the requirements for the issuance of a testing facility license under this chapter 
and the requirements of this paragraph may apply for and be issued multiple testing 
facility licenses. 
For purposes of this paragraph, "interest" means an equity 
ownership interest or a partial equity ownership interest or any other type of financial 
interest, including, but not limited to, being an investor or serving in a management 
position; and 
Sec. 7. 28-B MRSA §205, sub-§4, ,iB, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read: 
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. Notwithstanding any provision of this chapter to the contrary, 
applicants for a sample collector license are not required to seek local authorization 
prior to issuance of an active license by the department but must submit all other 
information required by the department under this chapter and the rules adopted 
pursuant to this chapter. 
Sec. 8. 28-B MRSA §207, sub-§3-A is enacted to read: 
COMMITTEE AMENDMENT 
/ 
COMMITTEE AMENDMENT" 
to S.P. 482, L.D. 1545 ·~ 
3-A. Fees for sample collectors. For a sample collector license, the department 
shall require payment of an application fee of $100 and a license fee of not more than 
$250. 
Sec. 9. 28-B MRSA §209, sub-§5, 1A, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read: 
A. The department may not issue an active license to a licensee seeking renewal of a 
license until the licensee obtains local authorization as required by section 402, 
subsection 3, paragraph B or, in the case of a marijuana establishment located in the 
unorganized and deorganized areas, as required by section 403, subsection 3, 
paragraphs B and C, pays the applicable license fee required under section 207 and 
meets all other applicable requirements for the issuance of an active license under 
section 205, subsection 4. Notwithstanding any provision of this chapter to the 
contrary, a sample collector licensee is not required to seek local authorization as a 
condition for renewal of that license by the department but must submit all other 
information required by the department under this chapter and the rules adopted 
pursuant to this chapter. 
Sec. 10. 28-B MRSA §401, last 1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
Notwithstanding any ether provision of law to the contrary, a municipal ordinance 
regulating marijuana establishments within the municipality adopted pursuant to this 
subchapter is not subject to the requirements or limitations of Title 7, chapter 6 or 8-F. 
Nothing in this subchapter may be construed to require an applicant for a sample collector 
license or a sample collector licensee to seek local authorization prior to the issuance or 
renewal of an active license. 
Sec. 11. 28-B MRSA §503, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
3. Compliance with testing protocols, standards and criteria. A testing facility 
shall follow all testing protocols, standards and criteria adopted by rule by the department 
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. A testing facility may use a sample collector for the collection of 
samples for mandatory testing as long as the testing facility's operating plan and standard 
operating procedures indicate the use of a sample collector for that purpose. 
Sec. 12. 28-B MRSA §503, sub-§8, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by c. 452, §37, is further amended to read: 
8. Independence of testing facility interest. A person with an interest in a testing 
facility may not be a caregiver or a registered caregiver or have an interest in a registered 
dispensary, a marijuana store license, a cultivation facility license or a products 
manufacturing facility license, but may hold or have an interest in multiple testing facility 
or sample collector licenses. A person who is a caregiver or a registered caregiver or who 
has an interest in a registered dispensary, a marijuana store license, a cultivation facility 
license or a products manufacturing facility license may not have an interest in a testing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 
"to S.P. 482, L.D. 1545 ( 
facility or sample collector license. As used in this subsection, "interest" has the same 
meaning as in section 205, subsection 2, paragraph B. 
Sec. 13. 28-B MRSA §503-A is enacted to read: 
§503-A. Operation ofsample collectors 
A sample collector shall operate in accordance with the provisions of this section and 
the rules adopted pursuant to this chapter. 
1. Authorized operation. A sample collector is authorized to collect samples of 
marijuana and marijuana products from a marijuana establishment for mandatory and 
other testing by a testing facility and to transport and deliver those samples to the testing 
facility for those pumoses. A sample collector may operate as an independent contractor 
or employee of a testing facility or as an employee of a business entity that employs 2 or 
more sample collectors and that is not a cultivation facility, a products manufacturing 
facility. a marijuana store. a registered caregiver, a registered dispensary or a 
manufacturing facility as defined in Title 22, section 2422. subsection 4-R. 
2. 
Compliance with sampling protocols, standards and criteria. 
A sample 
collector shall follow all sampling protocols. standards and criteria adopted by rule or 
otherwise approved by the department for the sampling of different forms of marijuana 
and mariiuana products. 
3. Record keeping. A sample collector shall maintain records of all business 
transactions in accordance with the record-keeping requirements of section 511 and 
section 602, subsections 2 and 3. 
4. Disposal of mariiuana and mariiuana products. A sample collector shall 
dispose of or destroy used, unused and waste marijuana and marijuana products in 
accordance with rules adopted by the department. 
5. Independence of sample collector interest. A person with an interest in a 
sample collector license may not be a caregiver or a registered caregiver or have an 
interest in a registered dispensary, a marijuana store license. a cultivation facility license 
or a products manufacturing facility license but may hold or have an interest in a business 
entity that employs 2 or more sample collectors. in a testing facility license or in multiple 
testing facility licenses. A person who is a caregiver or a registered caregiver or who has 
an interest in a registered dispensary. a marijuana store license. a cultivation facility 
license or a products manufacturing facility license may not have an interest in a sample 
collector license. As used in this subsection, "interest" has the same meaning as in section 
205, subsection 2, paragraph B. 
6. Tracking. In accordance with the requirements of section 105, a sample collector 
shall track all adult use marijuana and adult use marijuana products it collects from a 
licensee for testing Pu.moses from the point at which the marijuana or marijuana products 
are collected from a licensee to the point at which the marijuana or marijuana products 
are delivered to a testing facility or the marijuana or marijuana products are disposed of 
or destroyed. 
7. Rules. The department shall adopt rules regarding the licensing and operation of 
sample collectors pursuant to this chapter, including, but not limited to, rules establishing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
"to S.P. 482, L.D. 1545 ( 
licensing requirements, acceptable sample collection methods, sample collector record 
keeping, documentation and business practices, and standards for the disposal of used, 
unused and waste marijuana and marijuana products. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 14. 28-B MRSA §604, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read: 
§604. Sampling Sample collection for testing 
If Except as provided in section 604-A, if a test to be performed by a testing facility 
is a mandatory test under section 602, an employee or designee of the testing facility or a 
sample collector must perfenn the sampling collect the sample required for the test. If a 
test to be performed by a testing facility is not a mandatory test, the owner of the 
marijuana or marijuana product, or a designee of the owner, may perform the sampling 
collect the sample required for the test. 
Sec. 15. 28-B MRSA §604-A is enacted to read: 
§604-A. Sample collecting for mandatory testing by licensee 
1. Sample collecting by licensee authorized; rules. Notwithstanding any provision 
of this chapter to the contrary, a cultivation facility licensee, products manufacturing 
facility licensee or marijuana store licensee, or an employee of such licensee, may collect 
samples of the licensee's adult use marijuana or adult use marijuana products for 
mandatory testing under section 602 and may deliver those samples to a testing facility 
for testing. The department shall adopt rules regarding the collection of samples of adult 
use marijuana and adult use marijuana products for mandatory testing by a licensee or an 
employee of a licensee as authorized under this section, which must include, but are not 
limited to: 
A. The establishment of sample collecting processes, protocols and standards, which 
must be complied with by the licensee and its employees in collecting samples of 
adult use marijuana and adult use marijuana products for testing purposes; 
B. Requirements for the licensee to provide video, onsite or other demonstration of 
its sample collecting practices to ensure compliance with paragraph A; 
C. Provisions authorizing the department to conduct audits of adult use marijuana or 
adult use marijuana products that were tested using samples collected by the licensee 
or its employees pursuant to this section, with all costs of the audits to be paid for by 
the licensee; 
D. Requirements for the transportation, delivery and transfer of samples of adult use 
marijuana and adult use marijuana products collected by the licensee or an employee 
of the licensee to a testing facility, which must require the in-person transfer of the 
samples by the licensee or an employee of the licensee to the testing facility licensee 
or an employee of the testing facility licensee; 
E. A prohibition on the intentional tampering with or interference in the mandatory 
testing process or auditing process by a licensee or an employee of the licensee, 
which, notwithstanding anv provision of this chapter to the contrary, may be treated 
by the department as constituting a major license violation affecting public safety and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
"to S.P. 482, L.D. 1545 ( -~ 
as a basis for imposition of a license suspension or revocation pursuant to section 
802;and 
F. Authorization for the department to suspend or revoke the licensee's license 
following 2 or more failed sample collecting audits conducted by the department 
pursuant to this section. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
2. Repeal. This section is repealed October 1, 2021. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
O 
legislation takes effect when approved.' 
SUMl\lARY 
This amendment, which is the majority report of the committee, changes the title of 
and replaces the bill and adds an emergency preamble and emergency clause. 
It 
authorizes the licensure and operation of sample collectors to collect samples of 
marijuana and marijuana products for testing by marijuana testing facilities. It also 
authorizes a cultivation facility licensee, products manufacturing facility licensee or 
marijuana store licensee, or an employee of a licensee, to collect samples of the licensee's 
adult use marijuana or adult use marijuana products for mandatory testing and to deliver 
those samples to a marijuana testing facility for testing; this authorization is repealed 
October 1, 2021. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/09/20 frac 
LD 1545 
LR 2171(02) 
An Act Regarding the Testing of Adult Use Marijuana and Marijuana Products 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ';J! 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
This bill authorizes the licensure and operation of sample collectors to collect samples of marijuana and marijuana 
products for testing by marijuana testing facilities. Any additional costs to the Office of Marijuana Policy within th 
Department of Administrative and Financial Services as a result of these provisions are anticipated to be minor anci 
can be absorbed within existing budgeted resources. No estimate is made at this time of the number of new licenses 
that will be issued, but the impact on General Fund revenues is not anticipated to be significant. 
LR2171(02) - Fiscal Note - Page 1 of I