An Act To
Maine Legislature, Session 129, LD 2091
Committee Amendment CA_A_S453 (Senate)
Amends: 28-B MRSA §102, 28-B MRSA §108, 28-B MRSA §109, 28-B MRSA §501, 28-B MRSA §902, 28-B MRSA §1101, 36 MRSA §4923

COMMITTEE AMENDMENT “      ” to S.P. 741, L.D. 2091, Bill, “An Act To 
Amend the Marijuana Legalization Act and Make Other Implementing Changes”
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 near 
future; and
Whereas, the changes to the adult use marijuana laws in this Act 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 MRSA §102, sub-§35, as amended by PL 2019, c. 528, §19, is 
further amended to read:
35.  Marijuana trim.  "Marijuana trim" means any part of a marijuana plant, whether 
processed or unprocessed, that is not marijuana flower or a marijuana seed except that 
"marijuana trim" does not include the stalks or roots of the marijuana plant. "Marijuana 
trim" does not include any part of a hemp plant as defined in Title 7, section 2231, 
subsection 1-A, paragraph D.
Sec. 2.  28-B MRSA §102, sub-§37, as amended by PL 2019, c. 528, §19, is 
further amended to read:
Date: 
(Filing No. S-          )
COMMITTEE AMENDMENT “      ” to S.P. 741, L.D. 2091
COMMITTEE AMENDMENT
37.  Mother plant.  "Mother plant" means a mature marijuana plant that is used 
solely for the taking of seedling cuttings. "Mother plant" does not include hemp as 
defined in Title 7, section 2231, subsection 1-A, paragraph D.
Sec. 3.  28-B MRSA §102, sub-§51, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
51.  Seedling.  "Seedling" means a marijuana plant that is:
A.  Not flowering;
B.  Less than 6 12 inches in height; and
C.  Less than 6 12 inches in width.
Sec. 4.  28-B MRSA §108, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to 
read:
§108.  Awareness and education on public Public health and safety matters 
programs
The department shall develop and implement or facilitate the development and 
implementation by a public or private entity of programs, initiatives and campaigns 
focused on increasing the awareness and education of the public on health and safety 
matters and in addressing public and behavioral health needs relating to the use of 
marijuana and marijuana products, including, but not limited to, programs, initiatives and 
campaigns focused on preventing and deterring the use of marijuana and marijuana 
products by persons under 21 years of age and 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.  Programs, initiatives and campaigns 
developed and implemented pursuant to this section may be funded with revenue from 
the Adult Use Marijuana Public Health and Safety Fund established in section 1101.  The 
department may adopt rules to implement this section.
Sec. 5.  28-B MRSA §109, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to 
read:
§109.  Enhanced training for criminal justice agencies and municipalities
The department shall develop and implement or facilitate the development and 
implementation by a public or private entity of programs or initiatives providing 
enhanced training for criminal justice agencies and municipal officers and employees in 
the requirements and enforcement of this chapter and the rules adopted pursuant to this 
chapter, including, but not limited to, programs providing grants to regional or local 
criminal justice agencies and municipalities to train law enforcement officers and, when 
applicable, municipal officers and employees, in inspections, investigations, searches, 
seizures, forfeitures and personal use and home cultivation allowances under this chapter 
and chapter 3 and the rules adopted pursuant to this chapter and; in drug recognition 
procedures and the general enforcement of the State's motor vehicle and criminal laws 
relating to the use of marijuana; and in restorative justice, jail diversion, marijuana 
COMMITTEE AMENDMENT “      ” to S.P. 741, L.D. 2091
COMMITTEE AMENDMENT
industry-specific technical assistance and mentoring for economically disadvantaged 
persons in communities disproportionately affected by high rates of arrest and 
incarceration for marijuana-related offenses.  Training programs or initiatives for criminal 
justice agencies developed and implemented pursuant to this section may be funded with 
revenue from the Adult Use Marijuana Public Health and Safety Fund established in 
section 1101.  The department may adopt rules to implement this section.
Sec. 6.  28-B MRSA §501, sub-§6, as amended by PL 2019, c. 231, Pt. B, §3, is 
further amended to read:
6.  Limited authorization for sale of marijuana plants and, marijuana seeds, 
marijuana flower and marijuana trim by registered caregiver or registered 
dispensary to cultivation facility licensee.  Notwithstanding any other provision of law 
to the contrary and subject to the requirements and restrictions of this section, for a period 
starting on the date that the department issues the first active cultivation facility license 
under section 205, subsection 4 and, except as provided in paragraph A, ending 2 years 
after that date January 1, 2021, a registered caregiver or a registered dispensary may sell 
marijuana plants and, marijuana seeds, marijuana flower and marijuana trim to a 
cultivation facility licensee that is also a registered caregiver or a registered dispensary 
and a cultivation facility licensee that is also a registered caregiver or a registered 
dispensary may purchase marijuana plants and, marijuana seeds, marijuana flower and 
marijuana trim from a registered caregiver or a registered dispensary.  The department 
shall post on its publicly accessible website information regarding the date on which the 
department issues the first active cultivation facility license and the date that is 2 years 
after the date the first active cultivation facility license is issued.
A.  Beginning on the date that the department issues the first active cultivation 
facility license and, except as provided by the department by rule pursuant to this 
paragraph, ending 2 years after that date January 1, 2021, in an active cultivation 
facility license issued to any cultivation facility licensee that has demonstrated to the 
department's satisfaction that the licensee is also a registered caregiver or a registered 
dispensary, the department shall include language authorizing the licensee, at any 
time within the licensee's first year of licensure prior to January 1, 2021 or the 
expiration of the licensee’s license, whichever is earlier, to purchase an unlimited 
number of marijuana plants and marijuana seeds and an unlimited amount of 
marijuana flower and marijuana trim from registered caregivers and registered 
dispensaries.  This The department may by rule extend the end date for the general 
authorization under this subsection beyond January 1, 2021, except that the end date 
may not be extended by the department beyond January 1, 2022.  In the event that the 
department adopts by rule an end date for the general authorization under this 
subsection that is later than January 1, 2021, beginning on the effective date of the 
rule, the department shall use that later end date in providing the specific 
authorization that may be granted pursuant to this paragraph to a cultivation facility 
licensee that is also a registered caregiver or a registered dispensary. The 
authorization under this paragraph may not be included in any cultivation facility 
license issued upon renewal under section 209.
B.  A cultivation facility licensee authorized pursuant to paragraph A to purchase 
marijuana plants and, marijuana seeds, marijuana flower and marijuana trim from 
registered caregivers and registered dispensaries that transacts such a purchase shall 
COMMITTEE AMENDMENT “      ” to S.P. 741, L.D. 2091
COMMITTEE AMENDMENT
pay to the State Tax Assessor the excise taxes imposed pursuant to Title 36, chapter 
on the sale of the marijuana plants and, marijuana seeds, marijuana flower and 
marijuana trim.  In addition to payment of the required excise taxes under this 
paragraph, the cultivation facility licensee shall provide the department with an 
accounting of the transaction, which must include information on the registered 
caregiver or registered dispensary from which the licensee purchased the marijuana 
plants and, marijuana seeds, marijuana flower and marijuana trim; the number of 
mature marijuana plants, immature marijuana plants, seedlings and marijuana seeds 
purchased in the transaction; the amount, by weight, of marijuana flower and 
marijuana trim purchased in the transaction; and any other information required by 
the department by rule.
C.  A cultivation facility licensee authorized pursuant to paragraph A to purchase 
marijuana plants and, marijuana seeds, marijuana flower and marijuana trim from 
registered caregivers and registered dispensaries may purchase an unlimited number 
of marijuana plants and marijuana seeds and an unlimited amount of marijuana 
flower and marijuana trim from more than one registered caregiver or registered 
dispensary and may transact more than one purchase of marijuana plants and 
marijuana seeds such items from a registered caregiver or registered dispensary.  A 
registered caregiver or registered dispensary may not sell marijuana plants and, 
marijuana seeds, marijuana flower or marijuana trim to more than one cultivation 
facility licensee authorized pursuant to paragraph A to purchase marijuana plants and 
marijuana seeds such items from registered caregivers and registered dispensaries and 
may not transact more than one sale of marijuana plants and marijuana seeds such 
items to a cultivation facility licensee authorized to make such purchases pursuant to 
paragraph A.
D.  A cultivation facility licensee that violates this subsection or the rules adopted 
pursuant to this subsection is subject to the imposition by the department of monetary 
penalties, a license revocation or suspension and an order directing the destruction of 
unauthorized marijuana plants and, marijuana seeds, marijuana flower and marijuana 
trim pursuant to subchapter 8 in addition to any criminal or civil penalties that may be 
imposed pursuant to other applicable laws or rules.  A registered caregiver or 
registered dispensary that violates paragraph C this subsection or the rules adopted 
pursuant to this subsection is subject to the revocation of its registration or other 
applicable penalty under the Maine Medical Use of Marijuana Act in addition to any 
criminal or civil penalties that may be imposed pursuant to other applicable laws or 
rules.
For the purposes of this subsection, "a cultivation facility licensee that is also a registered 
caregiver or a registered dispensary" means a cultivation facility licensee that shares a 
common officer, director, manager, general partner or direct financial interest with a 
registered caregiver or a registered dispensary.
The department shall adopt rules to implement this subsection.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A.
This subsection is repealed January 1, 2022.
COMMITTEE AMENDMENT “      ” to S.P. 741, L.D. 2091
COMMITTEE AMENDMENT
Sec. 7.  28-B MRSA §902, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
1.  Membership.  The commission consists of the following 15 21 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 Agriculture, Conservation and Forestry or the 
commissioner's designee;
E.  The Commissioner of Health and Human Services or the commissioner's 
designee;
F.  The Commissioner of Labor or the commissioner's designee;
G.  The Commissioner of Public Safety or the commissioner's designee;
H.  The following 3 6 members, appointed by the President of the Senate:
(1)  A representative of a statewide association representing prosecutors;
(2)  A representative of a statewide association representing the medical 
marijuana industry; and
(3)  A member of the public; and
(4)  A member of the public with demonstrated expertise in the cultivation of 
marijuana or the manufacturing of marijuana concentrate and marijuana products;
(5)  A representative of a statewide association representing defense attorneys; 
and
(6)  A representative of a national association ensuring equality of rights for all 
persons; and
I.  The following 3 6 members, appointed by the Speaker of the House of 
Representatives:
(1)  A representative of a statewide association representing the adult use 
marijuana industry;
(2)  A member of the public with demonstrated expertise and credentials in 
public health policy; and
(3)  A member of the public.;
(4)  A qualifying patient;
COMMITTEE AMENDMENT “      ” to S.P. 741, L.D. 2091
COMMITTEE AMENDMENT
(5)  A member of a federally recognized Indian tribe in the State; and
(6)  A representative of the Maine chapter of a national civil liberties 
organization.
Sec. 8.  28-B MRSA §902, sub-§5, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
5.  Quorum.  A quorum of the commission consists of 8 11 members.
Sec. 9.  28-B MRSA §1101, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
2.  Uses of fund.  Money credited to the fund pursuant to subsection 1 may be used 
by the department as provided in this subsection.
A.  No more than 50% of all money credited to the fund may be expended by the 
department to fund public health and safety awareness and education programs, 
initiatives, campaigns and activities relating to the sale and use of adult use marijuana 
and adult use marijuana products conducted in accordance with section 108 by the 
department, another state agency or department or any other public or private entity. 
B.  No more than 50% of all money credited to the fund may be expended by the 
department to fund enhanced law enforcement training programs relating to the sale 
and use of adult use marijuana and adult use marijuana products for local, county and 
state law enforcement officers conducted for criminal justice agencies and 
municipalities in accordance with section 109 by the department, the Maine Criminal 
Justice Academy, another state agency or department or any other public or private 
entity.
Sec. 10.  36 MRSA §4923, sub-§5, as enacted by PL 2019, c. 231, Pt. B, §7, is 
amended to read:
5.  Excise tax on purchases from registered caregivers and registered 
dispensaries.  A cultivation facility licensee authorized pursuant to Title 28-B, section 
501, subsection 6, paragraph A to purchase marijuana plants and, marijuana seeds, 
marijuana flower and marijuana trim from registered caregivers and registered 
dispensaries that transacts such a purchase shall pay to the assessor the excise taxes that 
would have been imposed under subsections 1 to 4 on the sale of the marijuana plants 
and, marijuana seeds, marijuana flower and marijuana trim if the marijuana plants and, 
marijuana seeds, marijuana flower and marijuana trim had been sold by a cultivation 
facility licensee to another licensee.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY
This amendment replaces the bill, adds an emergency preamble and emergency 
clause and amends the adult use marijuana laws as follows.
1.  It amends the definition of "mother plant" to remove the requirement that a 
marijuana plant that is a mother plant must be a mature marijuana plant.
COMMITTEE AMENDMENT “      ” to S.P. 741, L.D. 2091
COMMITTEE AMENDMENT
2.  Like the bill, it amends the definition of "marijuana trim" to exclude the stalks and 
roots of a marijuana plant.
3.  Like the bill, it amends the definition of "seedling" to increase the size of what is 
considered a seedling from less than 6 inches in height and width to less than 12 inches in 
height and width.
4.  It clarifies the scope of public health and safety programs to be implemented or 
facilitated by the Department of Administrative and Financial Services by including 
programs and services focused on public and behavioral health, to be funded through the 
Adult Use Marijuana Public Health and Safety Fund established under the Maine Revised 
Statutes, Title 28-B, section 1101.  It also clarifies the scope of enhanced training for 
criminal justice agencies to be implemented or facilitated by the department by making 
eligible for that training municipal officials and employees and by including within that 
scope training regarding restorative justice, jail diversion, marijuana industry-specific 
technical assistance and mentoring for economically disadvantaged persons in 
communities disproportionately affected by high rates of arrest and incarceration for 
marijuana-related offenses, also to be funded through the Adult Use Marijuana Public 
Health and Safety Fund.
5.  It amends the provision in the law that provides a limited authorization for the sale 
of marijuana plants and marijuana seeds by a registered caregiver or registered dispensary 
to a cultivation facility licensee as follows.
A.  It expands this provision to authorize the sale of marijuana flower and marijuana 
trim in addition to marijuana plants and seeds, all of which are subject to payment of 
the adult use marijuana excise tax.
B.  It removes the prohibition on a registered caregiver's or registered dispensary's 
conducting more than one sales transaction with a cultivation facility licensee under 
this provision.
C.  It clarifies the end date of the period in which the authorization to make such 
purchases may be granted to a cultivation facility licensee by specifying that the end 
date is January 1, 2021; however, it provides that the Department of Administrative 
and Financial Services may by rule extend that end date beyond January 1, 2021 but 
not beyond January 1, 2022.  It does not change the limitation that this authorization 
may be provided to a cultivation facility licensee only in an initial license and may 
not be provided in a license issued upon renewal.
D.  It clarifies that the requirement that a cultivation facility licensee eligible for this 
authorization also be a registered caregiver or a registered dispensary means that the 
licensee must share a common officer, director, manager, general partner or direct 
financial interest with a registered caregiver or a registered dispensary.
E.  It changes the department's rule-making authority relating to this provision from 
major substantive rulemaking to routine technical rulemaking.
F.  It repeals the provision authorizing such purchases on January 1, 2022. 
It also amends the tax laws relating to the adult use marijuana excise tax to incorporate 
the changes made to this limited authorization provision.
COMMITTEE AMENDMENT “      ” to S.P. 741, L.D. 2091
COMMITTEE AMENDMENT
6.  It amends the membership of the Marijuana Advisory Commission established 
under Title 28-B, section 901, increasing the number of members from 15 to 21.
Revised: 07/13/20
LD 2091
LR 2999(02)
Fiscal Detail and Notes
Potential current biennium revenue increase - General Fund
The bill adds to the excise tax marijuana flower and trim purchased from registered caregivers and registered 
dispensaries.  This provision could increase General Fund revenues.  No estimate is made at this time.
An Act To Amend the Marijuana Legalization Act and Make Other Implementing Changes
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Veterans and Legal Affairs
Fiscal Note Required: Yes
Fiscal Note
LR2999(02) - Fiscal Note - Page 1 of 1