An Act To Amend Provisions of the Maine Medical Use of Marijuana Act
Maine Legislature, Session 129, LD 2099
Committee: Health and Human Services
Sponsors: GRATWICK
Amends: 22 MRSA §2422, 22 MRSA §2429-A, 22 MRSA §2429-D, 22 MRSA §2429-E, 22 MRSA §2429-F, 22 MRSA §2430-H, 22 MRSA §2423-A, 22 MRSA §2423-F, 22 MRSA §2425-A

Legislative Document
No. 2099
S.P. 747
In Senate, February 6, 2020
An Act To Amend Provisions of the Maine Medical Use of 
Marijuana Act
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator GRATWICK of Penobscot.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  22 MRSA §2422, sub-§1-G is enacted to read:
1-G.  Batch.  "Batch" means:
A.  A specific quantity of harvested marijuana for medical use harvested during a 
specified period of time from a specified cultivation area maintained by a registered 
caregiver when applicable or dispensary; or
B.  A specific quantity of harvested marijuana, marijuana products or marijuana 
concentrate for medical use produced during a specified period of time in a specified 
manufacturing area maintained by a registered caregiver when applicable, dispensary, 
manufacturing facility or person authorized to engage in marijuana extraction using 
inherently hazardous substances.
Sec. A-2.  22 MRSA §2422, sub-§1-H is enacted to read:
1-H.  Batch number.  "Batch number" means a distinct group of numbers, letters or 
symbols, or any combination thereof, assigned to a specific batch of harvested marijuana, 
marijuana products or marijuana concentrate for medical use by a registered caregiver, 
dispensary, manufacturing facility or person authorized to engage in marijuana extraction 
using inherently hazardous substances.
Sec. A-3.  22 MRSA §2422, sub-§3, as amended by PL 2017, c. 452, §3, is 
further amended to read:
3.  Cultivation area.  "Cultivation area" means an indoor or outdoor area used for 
cultivation in accordance with this chapter that is enclosed in such a manner that it 
obscures the area from public viewing by any person who has not attained 21 years of age 
and is equipped with locks or other security devices that permit access only by a person 
authorized to have access to the area under this chapter.
Sec. A-4.  22 MRSA §2422, sub-§4-N, as enacted by PL 2019, c. 331, §2 and c. 
528, §16, is repealed and the following enacted in its place:
4-N.  Immature marijuana plant.  "Immature marijuana plant" means a marijuana 
plant that is not a mature marijuana plant or seedling.  "Immature marijuana plant" does 
not include hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
Sec. A-5.  22 MRSA §2422, sub-§4-O, as enacted by PL 2019, c. 331, §2 and c. 
528, §16, is amended to read:
4-O.  Inherently hazardous substance.  "Inherently hazardous substance" means a 
liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a 
flash point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, 
propane and diethyl ether. "Inherently hazardous substance" does not include includes 
any form of alcohol or ethanol.
Sec. A-6.  22 MRSA §2422, sub-§11, as amended by PL 2017, c. 452, §3, is 
further amended to read:
11.  Registered caregiver.  "Registered caregiver" means a natural person who is a 
caregiver who is registered by the department pursuant to section 2425-A.
Sec. A-7.  22 MRSA §2422, sub-§14-B, as enacted by PL 2017, c. 452, §3, is 
amended to read:
14-B.  Seedling. "Seedling" means a nonflowering marijuana plant or rooted cutting 
that measures 24 inches or less from the base of the main plant stalk to the most distant 
point of the plant's leaf stems or branches. that is:
A.  Not flowering;
B.  Less than 12 inches in height; and
C.  Less than 12 inches in width.
PART B
Sec. B-1.  22 MRSA §2429-A, sub-§3, as enacted by PL 2017, c. 452, §18, is 
amended to read:
3.  Labels. If a A registered caregiver, caregiver retail store, dispensary or 
manufacturing facility affixes shall affix a label on the packaging of any harvested 
marijuana, marijuana product or marijuana concentrate provided to a qualifying patient 
and.  If that label includes information about contaminants, the cannabinoid profile or 
potency of the harvested marijuana, the label must be marijuana product or marijuana 
concentrate, such information must be verified by a marijuana testing facility.  This 
subsection does not apply if there is no marijuana testing facility operating in accordance 
with section 2423-A, subsection 10 or Title 28-B, chapter 1 that is authorized to test 
marijuana for medical use.  Harvested marijuana, marijuana products and marijuana 
concentrate to be provided to a patient in accordance with this chapter must be labeled 
with the following information, as applicable, based on the harvested marijuana, 
marijuana product or marijuana concentrate to be sold:
A.  The registry identification card number, if applicable, and registration certificate 
numbers of the registered caregiver, caregiver retail store, dispensary and 
manufacturing facility where the harvested marijuana, marijuana product or 
marijuana concentrate was cultivated, manufactured and offered for sale;
B.  An identity statement and universal symbol;
C.  Health and safety warning labels as required by rules adopted by the department 
after consultation with the Department of Health and Human Services, Maine Center 
for Disease Control and Prevention;
D.  The batch number;
E.  A net weight statement;
F.  Information on the amount of tetrahydrocannabinol and cannabidiol per serving of 
the harvested marijuana, marijuana product or marijuana concentrate and, in addition, 
for edible marijuana products, the number of servings per package;
G.  Information on gases, solvents and chemicals used in marijuana extraction;
H.  Instructions on usage;
I.  For marijuana products:
(1)  The amount of marijuana concentrate per serving of the product, as measured 
in grams, and the amount of marijuana concentrate per package of the product, as 
measured in grams;
(2)  A list of ingredients and possible allergens; and
(3)  A recommended use date or expiration date;
J.  For edible marijuana products, a nutritional fact panel; and
K.  Any other information required by rule by the department.
Sec. B-2.  22 MRSA §2429-A, sub-§5 is enacted to read:
5.  Health and safety rules.  The department shall adopt labeling, packaging and 
other necessary health and safety rules for harvested marijuana, marijuana products and 
marijuana concentrate for medical use.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
PART C
Sec. C-1.  22 MRSA §2422, sub-§5-D is enacted to read:
5-D.  Municipality.  "Municipality" means a city, town or plantation in this State that 
is not located within the unorganized and deorganized areas.
Sec. C-2.  22 MRSA §2422, sub-§14-C is enacted to read:
14-C.  Unorganized and deorganized areas.  "Unorganized and deorganized areas" 
has the same meaning as in Title 12, section 682, subsection 1.
Sec. C-3.  22 MRSA §2429-D, as amended by PL 2019, c. 217, §5, is further 
amended to read:
§2429-D.  Local regulation in municipalities
Pursuant to the home rule authority granted under the Constitution of Maine, Article 
VIII, Part Second and Title 30-A, section 3001, a municipality may regulate registered 
caregivers, caregiver retail stores operating pursuant to section 2423-A, subsection 2, 
paragraph P, registered dispensaries, marijuana testing facilities and manufacturing 
facilities.
A municipality may not:
1.  Registered caregivers.  Prohibit or limit the number of registered caregivers;
2.  Stores, dispensaries, testing and manufacturing facilities.  Prohibit caregiver 
retail stores, registered dispensaries, marijuana testing facilities and manufacturing 
facilities that are operating with municipal approval in the municipality prior to the 
effective date of this section September 19, 2019.  For purposes of this subsection, 
"municipal approval" means an examination and approval of the store, dispensary or 
facility for the use of the premises consistent with conduct authorized under this chapter, 
including, but not limited to, a conditional use approval or site plan approval.  "Municipal 
approval" does not include issuance of a building, electrical or other similar permit or 
authorization that does not address the use of the structure or facility for which the permit 
or authorization is issued; or
3.  Municipal authorization needed.  Authorize caregiver retail stores, registered 
dispensaries, marijuana testing facilities and manufacturing facilities that are not 
operating on the effective date of this section or before September 19, 2019 to operate in 
the municipality unless the municipal legislative body, as defined in Title 30-A, section 
2001, subsection 9, has voted to adopt or amend an ordinance or approve a warrant article 
allowing caregiver retail stores, registered dispensaries, marijuana testing facilities or 
manufacturing facilities, as applicable, to operate within the municipality.
Sec. C-4.  22 MRSA §2429-E is enacted to read:
§2429-E.  Local regulation in towns, plantations and townships in unorganized and 
deorganized areas
In unorganized and deorganized areas, pursuant to the home rule authority granted 
under the Constitution of Maine, Article VIII, Part Second and Title 30-A, section 3001 
and the principles of sound planning, zoning and development recognized in Title 12, 
chapter 206-A, the legislative body of a town or plantation or, in the case of a township, 
the county commissioners of the county where the township is located and the Maine 
Land Use Planning Commission may regulate registered caregivers, caregiver retail 
stores operating pursuant to section 2423-A, subsection 2, paragraph P, registered 
dispensaries, marijuana testing facilities and manufacturing facilities.
1.  Registered caregivers.  The legislative body of a town or plantation or, in the 
case of a township, the county commissioners of the county where the township is located 
may not prohibit or limit the number of registered caregivers in a town, plantation or 
township.
2.  Local authorization required.  A person may not operate a caregiver retail store, 
registered dispensary, marijuana testing facility or manufacturing facility that is not 
operating on or before January 1, 2021 within a town, plantation or township located 
within the unorganized and deorganized areas unless:
A.  The legislative body of the town or plantation or, in the case of a township, the 
county commissioners of the county where the township is located has voted to adopt 
or amend an ordinance or approve a warrant article allowing caregiver retail stores, 
registered dispensaries, marijuana testing facilities or manufacturing facilities, as 
applicable, to operate within the town, plantation or township;
B.  The caregiver retail store, registered dispensary, marijuana testing facility or 
manufacturing facility has obtained all applicable local approvals, permits and 
licenses not relating to land use planning and development that are required for the 
operation of the caregiver retail store, registered dispensary, marijuana testing facility 
or manufacturing facility, as applicable, by the town or plantation or, in the case of a 
township, the county commissioners of the county where the township is located; and
C.  The caregiver retail store, registered dispensary, marijuana testing facility or 
manufacturing facility has obtained all applicable approvals, permits and licenses 
relating to land use planning and development that are required by the Maine Land 
Use Planning Commission for the development and operation of the caregiver retail 
store, registered dispensary, marijuana testing facility or manufacturing facility.
Sec. C-5.  22 MRSA §2429-F is enacted to read:
§2429-F.  Authority of Maine Land Use Planning Commission
Nothing in this chapter or the rules adopted pursuant to this chapter may be construed 
to limit the authority of the Maine Land Use Planning Commission to regulate land use 
planning and development activities within the unorganized and deorganized areas of the 
State pursuant to Title 12, chapter 206-A.
PART D
Sec. D-1.  22 MRSA §2430-H, as enacted by PL 2017, c. 452, §24, is amended to 
read:
§2430-H.  Fines collected authorized; Maine Administrative Procedure Act applies
In addition to any other administrative action to suspend or revoke a registry 
identification card or registration certificate, the department, on its own initiative or on 
complaint and after investigation, notice and the opportunity for a public hearing, by 
written order may impose a fine on a registered caregiver, caregiver retail store, 
dispensary, manufacturing facility or person authorized to engage in marijuana extraction 
using inherently hazardous substances operating under this chapter for any violation by 
the registered caregiver, caregiver retail store, dispensary, manufacturing facility or 
person authorized to engage in marijuana extraction using inherently hazardous 
substances or an assistant or other authorized agent of a registered caregiver, caregiver 
retail store, dispensary, manufacturing facility or person authorized to engage in 
marijuana extraction using inherently hazardous substances of the provisions of this 
chapter, the rules adopted pursuant to this chapter or any other terms, conditions or 
provisions imposed pursuant to the issuance of a registry identification card or 
registration certificate.  Fines collected pursuant to this chapter and rules adopted by the 
department must be credited to the Medical Use of Marijuana Fund pursuant to section 
2430.
1.  Fines in addition to other penalties.  Any fines imposed by the department 
pursuant to this section are in addition to any criminal or civil penalties that may be 
imposed pursuant to other applicable laws or rules.
2.  Limits.  A fine imposed by the department for a violation of this chapter may not 
exceed $100,000 per violation for a caregiver retail store, dispensary, manufacturing 
facility or person authorized to engage in marijuana extraction using inherently hazardous 
substances.  A fine imposed by the department for a violation of this chapter may not 
exceed $10,000 per violation for a registered caregiver or an assistant or other authorized 
agent of a registered caregiver, caregiver retail store, dispensary, manufacturing facility 
or person authorized to engage in marijuana extraction using inherently hazardous 
substances.
A.  The department shall adopt rules setting forth potential amounts of fines to be 
imposed for violations of this chapter based upon the following specific categories of 
unauthorized conduct by a caregiver retail store, dispensary, manufacturing facility or 
person authorized to engage in marijuana extraction using inherently hazardous 
substances:
(1)  Not more than $25,000 per minor registration violation;
(2)  Except as provided in subparagraph (3), not more than $50,000 per major 
registration violation; and
(3)  Not more than $100,000 per major registration violation affecting public 
safety.
B.  The department shall adopt rules setting forth potential amounts of fines to be 
imposed for violations of this chapter based upon the following specific categories of 
unauthorized conduct by a registered caregiver or an assistant or other authorized 
agent of a registered caregiver, caregiver retail store, dispensary, manufacturing 
facility or person authorized to engage in marijuana extraction using inherently 
hazardous substances:
(1)  Not more than $1,000 per minor registration violation;
(2)  Except as provided in subparagraph (3), not more than $5,000 per major 
registration violation; and 
(3)  Not more than $10,000 per major registration violation affecting public 
safety.
3.  Form of payment.  All fines imposed pursuant to this section must be paid by the 
registered caregiver, caregiver retail store, dispensary, manufacturing facility or person 
authorized to engage in marijuana extraction using inherently hazardous substances to the 
department in the form of cash or in the form of a certified check or cashier's check 
payable to the department.
4.  Maine Administrative Procedure Act applies.  Except as otherwise provided in 
this chapter or in rules adopted pursuant to this chapter, the imposition of a fine or the 
suspension or revocation of a registry identification card or registration certificate by the 
department, including, but not limited to, the provision of notice and the conduct of 
hearings, is governed by the Maine Administrative Procedure Act.  A final order of the 
department imposing a fine or suspending or revoking a registry identification card or 
registration certificate is a final agency action, as defined in Title 5, section 8002, 
subsection 4, and the registered caregiver, caregiver retail store, dispensary, 
manufacturing facility or person authorized to engage in marijuana extraction using 
inherently hazardous substances may appeal that final order to the Superior Court in 
accordance with Rule 80C of the Maine Rules of Civil Procedure.
5.  Rules.  The department shall adopt rules governing the imposition of fines under 
this section.  Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.
PART E
Sec. E-1.  22 MRSA §2423-A, sub-§10, ¶A-1 is enacted to read:
A-1.  The department shall issue a registry identification card to an officer or director 
or assistant of a registered marijuana testing facility within 5 business days of 
approving an application or renewal under this subsection.
(1)  A registry identification card expires one year after the date of issuance. A 
registry identification card issued under this paragraph must contain:
(a)  The name of the cardholder;
(b)  The date of issuance and expiration date of the registry identification 
card; and
(c)  A random identification number that is unique to the cardholder.
(2)  The department may not issue a registry identification card to an officer or 
director or assistant of a registered marijuana testing facility who has been 
convicted of a disqualifying drug offense.  The department shall conduct a 
criminal history record check of each officer or director or assistant subject to 
this paragraph on an annual basis.  The criminal history record check required 
under this subparagraph must include criminal history record information 
obtained from the Maine Criminal Justice Information System established in Title 
16, section 631 and the Federal Bureau of Investigation.  The following 
provisions apply.
(a)  The criminal history record information obtained from the Maine 
Criminal Justice Information System must include a record of public criminal 
history record information as defined in Title 16, section 703, subsection 8.
(b)  The criminal history record information obtained from the Federal 
Bureau of Investigation must include other state and national criminal history 
record information.
(c)  A person subject to a criminal history record check under this 
subparagraph shall submit to having fingerprints taken. The State Police, 
upon payment of the fee, shall take or cause to be taken the person's 
fingerprints and shall forward the fingerprints to the State Bureau of 
Identification so that the bureau can conduct state and national criminal 
history record checks. Except for the portion of the payment, if any, that 
constitutes the processing fee charged by the Federal Bureau of Investigation, 
all money received by the State Police for purposes of this division must be 
paid to the Treasurer of State. The money must be applied to the expenses of 
administration incurred by the Department of Public Safety.
(d)  A person subject to a Federal Bureau of Investigation criminal history 
record check under this subparagraph may obtain a copy of the criminal 
history record check by following the procedures outlined in 28 Code of 
Federal Regulations, Sections 16.32 and 16.33.  A person subject to a state 
criminal history record check under this subparagraph may inspect and 
review the criminal history record information pursuant to Title 16, section 
709.
(e)  State and federal criminal history record information may be used by the 
department for the purpose of screening a person in accordance with this 
chapter.
(f)  Information obtained pursuant to this subparagraph is confidential. The 
results of criminal history record checks received by the department are for 
official use only and may not be disseminated to any other person or entity.
(g)  If a person is no longer subject to this chapter that person may request in 
writing that the State Bureau of Identification remove the person's 
fingerprints from the bureau's fingerprint file. In response to a written 
request, the bureau shall remove the person's fingerprints from the fingerprint 
file and provide written confirmation of that removal.
(3)  If the department determines not to issue a registry identification card to an 
officer or director or assistant of a marijuana testing facility, the department shall 
notify the marijuana testing facility in writing of the reason for denying the 
registry identification card.
The department, with the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification, shall adopt rules to implement this paragraph.  Rules 
adopted pursuant to this paragraph are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. E-2.  22 MRSA §2423-F, sub-§8, ¶B, as repealed and replaced by PL 2019, 
c. 331, §17, is repealed and the following enacted in its place:
B.  In accordance with rules adopted under subsection 10, the department shall issue 
a registry identification card to the officer or director or assistant of a registered 
manufacturing facility or a person authorized to engage in marijuana extraction using 
inherently hazardous substances within 5 business days of approving an application 
or renewal under this subsection.
(1)  A registry identification card expires one year after the date of issuance. A 
registry identification card issued under this paragraph must contain:
(a)  The name of the cardholder;
(b)  The date of issuance and expiration date of the registry identification 
card; and
(c)  A random identification number that is unique to the cardholder.
(2)  The department may not issue a registry identification card to an officer or 
director or assistant of a registered manufacturing facility or a person authorized 
to engage in marijuana extraction using inherently hazardous substances who has 
been convicted of a disqualifying drug offense. The department shall conduct a 
criminal history record check of each person, officer or director or assistant 
subject to this paragraph on an annual basis.  The criminal history record check 
requested under this subparagraph must include criminal history record 
information obtained from the Maine Criminal Justice Information System 
established in Title 16, section 631 and the Federal Bureau of Investigation.  The 
following provisions apply.
(a)  The criminal history record information obtained from the Maine 
Criminal Justice Information System must include a record of public criminal 
history record information as defined in Title 16, section 703, subsection 8.
(b)  The criminal history record information obtained from the Federal 
Bureau of Investigation must include other state and national criminal history 
record information.
(c)  A person subject to a criminal history record check under this 
subparagraph shall submit to having fingerprints taken. The State Police, 
upon payment of the fee, shall take or cause to be taken the person's 
fingerprints and shall forward the fingerprints to the State Bureau of 
Identification so that the bureau can conduct state and national criminal 
history record checks. Except for the portion of the payment, if any, that 
constitutes the processing fee charged by the Federal Bureau of Investigation, 
all money received by the State Police for purposes of this division must be 
paid to the Treasurer of State. The money must be applied to the expenses of 
administration incurred by the Department of Public Safety.
(d)  A person subject to a Federal Bureau of Investigation criminal history 
record check under this subparagraph may obtain a copy of the criminal 
history record check by following the procedures outlined in 28 Code of 
Federal Regulations, Sections 16.32 and 16.33. A person subject to a state 
criminal history record check under this subparagraph may inspect and 
review the criminal history record information pursuant to Title 16, section 
709.
(e)  State and federal criminal history record information may be used by the 
department for the purpose of screening a person in accordance with this 
chapter.
(f)  Information obtained pursuant to this subparagraph is confidential. The 
results of criminal history record checks received by the department are for 
official use only and may not be disseminated to any other person or entity.
(g)  If a person is no longer subject to this chapter that person may request in 
writing that the State Bureau of Identification remove the person's 
fingerprints from the bureau's fingerprint file. In response to a written 
request, the bureau shall remove the person's fingerprints from the fingerprint 
file and provide written confirmation of that removal.
(3)  If the department determines not to issue a registry identification card to an 
officer or director or assistant of a registered manufacturing facility or a person 
authorized to engage in marijuana extraction using inherently hazardous 
substances, the department shall notify the registered manufacturing facility or 
person in writing of the reason for denying the registry identification card.
The department, with the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification, shall adopt rules to implement this paragraph. Rules adopted 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. E-3.  22 MRSA §2425-A, sub-§3-A, as amended by PL 2019, c. 331, §19, is 
further amended to read:
3-A.  Criminal history record check for registered caregivers, registered 
dispensaries and caregivers administering medical marijuana on school grounds.  
The department shall request a criminal history record check for a caregiver required to 
register with the department under subsection 2 and an assistant of a caregiver and an 
officer or director or assistant of a dispensary as well as a caregiver designated under 
section 2423-A, subsection 1, paragraph F-1, subparagraph (4), except for a caregiver 
who is a parent, a legal guardian or a person having legal custody of the qualifying 
patient. The department may not issue a registry identification card to an applicant who is 
not permitted to have a disqualifying drug offense or who would be denied an approval, 
credential, certification, authorization or renewal under Title 20-A, section 6103 or 13011 
based on that criminal history record check.
The criminal history record check requested under this subsection must include criminal 
history record information obtained from the Maine Criminal Justice Information System 
established in Title 16, section 631 and the Federal Bureau of Investigation. The 
following provisions apply.
A.  The criminal history record information obtained from the Maine Criminal Justice 
Information System must include a record of public criminal history record 
information as defined in Title 16, section 703, subsection 8.
B.  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information.
C.  A person subject to a criminal history record check under this section shall submit 
to having fingerprints taken.  The State Police, upon payment of the fee, shall take or 
cause to be taken the person's fingerprints and shall forward the fingerprints to the 
State Bureau of Identification so that the bureau can conduct state and national 
criminal history record checks.  Except for the portion of the payment, if any, that 
constitutes the processing fee charged by the Federal Bureau of Investigation, all 
money received by the State Police for purposes of this paragraph must be paid over 
to the Treasurer of State.  The money must be applied to the expenses of 
administration incurred by the Department of Public Safety.
D.  The subject of a Federal Bureau of Investigation criminal history record check 
may obtain a copy of the criminal history record check by following the procedures 
outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  The subject of 
a state criminal history record check may inspect and review the criminal history 
record information pursuant to Title 16, section 709.
E.  State and federal criminal history record information may be used by the 
department for the purpose of screening a person in accordance with this chapter.
F.  Information obtained pursuant to this subsection is confidential.  The results of 
criminal history record checks received by the department are for official use only 
and may not be disseminated to any other person.
G.  If a person is no longer subject to this chapter that person may request in writing 
that the State Bureau of Identification remove the person's fingerprints from the 
bureau's fingerprint file.  In response to a written request, the bureau shall remove the 
person's fingerprints from the fingerprint file and provide written confirmation of that 
removal.
The department, with the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification, 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.
PART F
Sec. F-1.  22 MRSA §2423-A, sub-§2, ¶P, as amended by PL 2019, c. 217, §2, 
is further amended to read:
P.  Operate Obtain a registration certificate from the department pursuant to section 
2425-A, subsection 6 to operate one caregiver retail store to sell harvested marijuana 
to qualifying patients for the patients' medical use in accordance with this chapter; 
and
Sec. F-2.  22 MRSA §2423-A, sub-§2, ¶Q, as enacted by PL 2017, c. 452, §4, is 
amended to read:
Q.  Be organized Organize the caregiver's business activities as any type of legal 
business entity recognized under the laws of the State.
Sec. F-3.  22 MRSA §2425-A, sub-§2, as enacted by PL 2017, c. 452, §12, is 
amended to read:
2.  Required registration.  A caregiver, other than a caregiver operating under 
section 2423-A, subsection 3, paragraph C, and an officer or director or assistant of a 
dispensary or a caregiver, other than a caregiver operating under section 2423-A, 
subsection 3, paragraph C, shall obtain a registry identification card in accordance with 
subsections 3, 4 and 5.  A long-term care facility designated by a qualifying patient 
pursuant to section 2423-A, subsection 1, paragraph F-1, subparagraph (2), a caregiver 
retail store and a dispensary shall obtain a registration certificate in accordance with 
subsections 6, 7 and 8.
Sec. F-4.  22 MRSA §2425-A, sub-§5, ¶B, as enacted by PL 2017, c. 452, §12, 
is amended to read:
B.  If a caregiver is caregiver's business activities are organized as a legal business 
entity pursuant to section 2423-A, subsection 2, paragraph Q, the caregiver may 
obtain a registry identification card in the name of the business entity if the caregiver 
submits evidence of the business entity's registration with the Secretary of State and 
evidence that the business entity is in good standing with the Secretary of State.
Sec. F-5.  22 MRSA §2425-A, sub-§6, as enacted by PL 2017, c. 452, §12, is 
amended to read:
6.  Application for registration certificate; qualifications.  The department shall 
register and issue a registration certificate to an applicant who submits a complete 
application that meets the requirements of this subsection. An application must include, 
as applicable:
A.  The annual fee required pursuant to subsection 10;
B.  Evidence of the applicant's registration with the Secretary of State and evidence 
that the applicant is in good standing with the Secretary of State; and
C.  The name, address and date of birth of each officer or director of the applicant.;
D.  If the applicant is a registered caregiver applying for a registration certificate for a 
caregiver retail store, the physical address of the caregiver retail store; and
E.  Evidence of compliance with all local regulations in accordance with section 
2429-D or 2429-E, as applicable.
Sec. F-6.  22 MRSA §2425-A, sub-§8, as amended by PL 2019, c. 331, §20, is 
further amended to read:
8.  Requirements for issuance of registration certificates.  A registration certificate 
expires one year after the date of issuance.  The certificate must contain, as applicable:
A.  The name of the certificate holder;
B.  The date of issuance and expiration date of the registration certificate;
C.  A random identification number that is unique to the certificate holder; 
D.  The physical address of the certificate holder and, if the certificate holder is a 
dispensary, the physical address of one additional location, if any, where marijuana 
plants will be cultivated; and
E.  A clear designation showing whether the certificate holder is allowed under this 
chapter to cultivate marijuana plants.
Sec. F-7.  22 MRSA §2425-A, sub-§10, ¶B, as enacted by PL 2017, c. 452, §12, 
is repealed and the following enacted in its place:
B.  There is an annual registration fee for a caregiver who cultivates marijuana plants 
on behalf of a qualifying patient pursuant to section 2423-A, subsection 2, paragraph 
B.
(1)  For a caregiver cultivating based upon plant count, the fee may not be less 
than $50 or more than $240 for each group of up to 6 mature marijuana plants 
cultivated by the caregiver.  The caregiver shall notify the department of the 
number of marijuana plants the caregiver cultivates.
(2)  For a caregiver cultivating based upon plant canopy, the fee may not be less 
than $50 or more than $1,500 for a total plant canopy of 500 square feet or less.
Sec. F-8.  22 MRSA §2425-A, sub-§10, ¶B-1 is enacted to read:
B-1.  There is an annual registration fee for a caregiver retail store, which may not be 
less than $50 or more than $500.  The caregiver shall notify the department of the 
physical address of the caregiver retail store.
Sec. F-9.  22 MRSA §2425-A, sub-§10, ¶J, as enacted by PL 2017, c. 452, §12, 
is amended to read:
J.  There is an annual fee for a criminal history record check for a caregiver or person 
authorized to engage in marijuana extraction using inherently hazardous substances 
or an officer or director or assistant of a registered dispensary, marijuana testing 
facility or manufacturing facility, which may not be less than $31 or more than $60.  
The fee must be paid by the caregiver or person authorized to engage in marijuana 
extraction using inherently hazardous substances or by the registered dispensary, 
marijuana testing facility or manufacturing facility for an officer or director or 
assistant of the registered dispensary, marijuana testing facility or manufacturing 
facility.
Sec. F-10.  22 MRSA §2425-A, sub-§11, ¶E is enacted to read:
E.  A caregiver retail store shall notify the department in writing if the physical 
location of the caregiver retail store changes.
SUMMARY
This bill makes the following changes to the Maine Medical Use of Marijuana Act.
1.  It adds definitions of "batch" and "batch number."  It also adds to the definition of 
"inherently hazardous substance" alcohol and ethanol and amends the definition of 
"cultivation area" to require such an area to be obscured from public viewing by a person 
under 21 years of age.  It changes the definitions of "seedling" and "immature marijuana 
plant."  It changes the definition of "registered caregiver" to specify that it means a 
natural person who is a caregiver.
2.  It aligns the labeling requirements of the Maine Medical Use of Marijuana Act 
with the labeling requirements of the Marijuana Legalization Act and provides more 
specific guidance regarding required labeling.
3.  It requires local authorization for caregiver retail stores, registered dispensaries, 
marijuana testing facilities and manufacturing facilities operating in towns, plantations 
and townships in the unorganized and deorganized areas, in addition to local 
authorization by municipalities already required by law.
4.  It authorizes the Department of Administrative and Financial Services to impose 
upon registered caregivers, caregiver retail stores, dispensaries, manufacturing facilities 
and persons authorized to engage in marijuana extraction using inherently hazardous 
substances fines for violations of the Maine Medical Use of Marijuana Act and rules 
adopted pursuant to the Act.  It also establishes maximum allowable fines for minor and 
major registration violations, including major registration violations affecting public 
safety.
5.  It requires all registered caregivers and assistants of registered caregivers and 
officers, directors and assistants of registered dispensaries, registered manufacturing 
facilities, persons authorized to engage in marijuana extraction using inherently 
hazardous substances and marijuana testing facilities to submit to an annual state and 
federal criminal history record check in order for the department to issue or renew a 
registry identification card.
6.  It authorizes the department to assess a fee for caregivers registering with the 
department based upon plant canopy and amends the statutory fee schedule to clarify that 
caregivers may register based upon plant count or plant canopy.  It requires a caregiver to 
obtain a registration certificate to operate a caregiver retail store and provides that the 
annual registration fee for a caregiver retail store may not be less than $50 or more than 
$500.  It requires a caregiver to notify the department of the physical address of a 
caregiver retail store.  It allows a caregiver to organize the caregiver's business activities 
as any type of legal business entity recognized under the laws of the State.