An Act Regarding the Testing of Adult Use Marijuana and Marijuana Products
Maine Legislature, Session 129, LD 1545
Committee: Veterans and Legal Affairs
Sponsors: MIRAMANT, HICKMAN, VITELLI, BABINE, BEEBE-CENTER, BLUME, DUNPHY, HEPLER, PLUECKER
Amends: 28-B MRSA §602, 28-B MRSA §701

Legislative Document
No. 1545
S.P. 482
In Senate, April 11, 2019
An Act Regarding the Testing of Adult Use Marijuana and 
Marijuana Products
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MIRAMANT of Knox.
Cosponsored by Representative HICKMAN of Winthrop and
Senator: VITELLI of Sagadahoc, Representatives: BABINE of Scarborough, BEEBE-
CENTER of Rockland, BLUME of York, DUNPHY of Old Town, HEPLER of Woolwich, 
McCREIGHT of Harpswell, PLUECKER of Warren.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-B MRSA §602, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
A Except for adult use marijuana or an adult use marijuana product under subsection 
4, a licensee may not sell or distribute adult use marijuana or an adult use marijuana 
product to a consumer or to another licensee under this chapter unless the marijuana or 
marijuana product has been tested pursuant to this subchapter and the rules adopted 
pursuant to this subchapter and that mandatory testing has demonstrated that the 
marijuana or marijuana product does not exceed the maximum level of allowable 
contamination for any contaminant that is injurious to health and for which testing is 
required.
Sec. 2.  28-B MRSA §602, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
3.  Testing process, protocols and standards.  The department shall establish by 
rule processes, protocols and standards for mandatory and other testing of marijuana and 
marijuana products that conform with the best practices generally used within the 
marijuana industry and any applicable state or federal process, protocol or standard for 
the testing of tobacco.
Sec. 3.  28-B MRSA §602, sub-§4 is enacted to read:
4.  Exemption.  If adult use marijuana or an adult use marijuana product has not been 
tested within 5 business days after being received by a testing facility, the facility shall 
immediately notify the licensee who provided the marijuana or marijuana product and the 
licensee may sell or distribute the marijuana or marijuana product to a consumer or 
another licensee if the licensee labels the marijuana or marijuana product pursuant to 
section 701, subsection 1, paragraph J-1.  If upon testing the testing facility determines 
that the marijuana or marijuana product:
A.  Exceeds the maximum level of allowable contamination for any contaminant that 
is injurious to health and for which testing is required, the testing facility immediately 
shall notify the department under section 603, subsection 1 and the licensee who 
provided the marijuana or marijuana product to the testing facility.  Upon notice 
under this paragraph, the licensee immediately shall document, quarantine and hold 
all marijuana or marijuana product subject to the testing, including recovering any 
recoverable marijuana or marijuana product subject to the testing provided to a 
consumer or another licensee.  Unless the licensee has successfully undertaken 
remediation and retesting and within 30 days of completing a test that determines 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 notifies the department of the test results, the department shall destroy the 
marijuana or marijuana product; or
B.  Does not exceed the maximum level of allowable contamination for any 
contaminant that is injurious to health and for which testing is required, the testing 
facility immediately shall notify the licensee who provided the marijuana or 
marijuana product to the testing facility and the licensee may remove the label 
required under section 701, subsection 1, paragraph J-1 and sell or distribute the 
marijuana or marijuana product pursuant to this chapter.
Sec. 4.  28-B MRSA §701, sub-§1, ¶¶F and G, as enacted by PL 2017, c. 409, 
Pt. A, §6, are amended to read:
F.  Information Unless the marijuana or marijuana product is being sold under 
paragraph J-1, information on the THC potency of the marijuana or marijuana 
product and the potency of such other cannabinoids or other chemicals in the 
marijuana or marijuana product, including, but not limited to, cannabidiol;
G.  Information Unless the marijuana or marijuana product is being sold under 
paragraph J-1, information on the amount of THC and cannabidiol per serving of the 
marijuana or marijuana product and, for edible marijuana products, the number of 
servings per package;
Sec. 5.  28-B MRSA §701, sub-§1, ¶J-1 is enacted to read:
J-1.  For adult use marijuana or an adult use marijuana product under section 602, 
subsection 4 that has not been tested, "Untested" in a manner clearly readable by a 
consumer;
SUMMARY
This bill amends the provisions regarding the testing of adult use marijuana and adult 
use marijuana products by:
1. Requiring that any testing conform to any applicable state or federal process, 
protocol or standard for the testing of tobacco; and
2. Providing that if a testing facility does not test adult use marijuana or an adult use 
marijuana product within 5 days of receiving the marijuana or marijuana product from a 
licensee, the licensee may sell or distribute the marijuana or marijuana product if the 
marijuana or marijuana product is labeled "Untested."  If upon testing a testing facility 
determines that the 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 is required to immediately notify the Department of 
Administrative and Financial Services and the licensee.  The licensee is required to 
recover, document, quarantine and hold the marijuana or marijuana product for either 
remediation and retesting or destruction by the department.