An Act To
Maine Legislature, Session 129, LD 0719
Committee Amendment CA_A_H657 (House)
Amends: 22 MRSA §2158-B, 28-B MRSA §205, 28-B MRSA §503, 28-B MRSA §510, 28-B MRSA §703, 28-B MRSA §803-A, 28-B MRSA §804

COMMITTEE AMENDMENT "A" 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 Marijuana' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec.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. 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 
infonnation necessary for the department to detennine 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 
detennines that the applicant no longer meets all applicable requirements for conditional 
licensure under this subchapter. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 524, L.D. 719 
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 
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. 3. 28-B MRSA §503, sub-§10, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
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COMMITTEE AMENDMENT ·A "to H.P. 524, L.D. n9 
10. Rules. The department shall adopt rules regarding the provisional licensure. 
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 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 defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 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 licensee shall ens:tWe that all areas of mgress aB:d 
egress to limited aecess areas withm its licensed premises are eonspiooously marked and 
that a person is not allowed to enter or rem:am in any limited aeeess area without 
displaying the persoR's mdividaal iden.tifieation eard issaed ay the departmen.t l*fSl'lant to 
seotioH: 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. 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. 6. 28-B MRSA §803-A is enacted to read: 
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COMMITTEE AMENDMENT ·A "to H.P. 524, L.D. 719 
§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. 
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 takes 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 
subject to the hold. as detailed in the notice under subsection 1. from any other marijuana, 
marijuana products or marijuana 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 marijuana 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's licensed 
premises and otherwise continue to operate the licensee's 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's 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. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A"toH.P. 524,L.D. 719 
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. 
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 
O 
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. 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. 
Sec. 8. 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; that 
persons cultivating, manufacturing, testing, selling, purchasing or otherwise receiving 
adult use marijuana or adult use marijuana products may be subject to federal 
7 
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; and that the department is not 
responsible or liable for the actions of licensed marijuana establishments under the 
rule;and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A "to H.P. 524, L.D. 719 
B. 
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 
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 
defmitions for "analytical batch," "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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 524, L.D. 719 
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 
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 defmition 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 
defmitions 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.l.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 fmancial 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 defmition 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 524, L.D. 719 
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), 
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 define "provisional license" to 
mean a license issued by the department pursuant to Title 28-B, section 503, subsection 2, 
paragraph B, subparagraph (2) that authorizes testing of marijuana and marijuana 
products by a testing facility that has met all requirements for an active license under this 
rule and that has applied for but not yet obtained certification, registration or accreditation 
from an approved organization. The rule must be amended, as necessary, in any other 
relevant sections to ensure correct use of that defined term; 
19. The rule must be amended in section 1.3(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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 524, L.D. 719 
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. 
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, 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 "misdemeanor" the 
phrase "a crime punishable by imprisonment for less than one year"; 
27. 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; 
28. 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 applicants' 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; 
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COMMITTEE AMENDMENT'~ "to H.P. 524, L.D. 719 
29. 
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 pen~ties imposed on the 
applicant in another jurisdiction regarding the regulated cultivatiotj, manufacture, testing 
or sale of marijuana or marijuana products, but that any such violations or penalties may 
not be automatically disqualifying for the purposes oflicensure; 
30. 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; 
31. 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; 
32. 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"; 
33. 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; 
34. 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; 
35. 
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"; 
36. The rule must be amended in section 2.5.1 to clarify that the department verifies 
that each marijuana establishment, excluding testing facilities, 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; 
37. 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; 
COMMITTEE AMENDMENT 
< ·ff! :·1 
COMMITTEE AMENDMENT"~ "to H.P. 524, L.D. 719 
38. The rule must be amended in section 2.6.2(B) to clarify that upon receipt of a 
local authorization certification fotn1, the department shall, within 10 calendar days, 
notify the applicant of any additional infotn1ation needed for the issuance of an active 
license or, if applicable, a provisional license; 
39. 
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"; 
40. 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; 
41. 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; 
42. The rule must be amended, as necessary, 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; 
43. 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; 
44. The rule must be amended in sections 3.6.3(B)(3) and (4) to substitute for the 
tetn1 "marijuana plant start" the tetn1 "seedling"; 
45. 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 tetn1 "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"; 
46. 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 ·A "to H.P. 524, L.D. 719 
47. 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; 
48. 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; 
49. 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; 
50. 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; 
51. 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 .1 (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; 
52. The rule must be amended in the 2nd sentence of section 11 to delete the phrase 
"if such facility is in operation." The rule must be amended in the 3rd sentence of section 
to clarify, consistent with Title 28-B, section 602, subsection 1, the department's 
authority to temporarily waive mandatory testing requirements; 
53. The rule must be amended, as necessary, in section 11.1.3(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 
COMMITTEE AMENDMENT 
\ ( 
COMMITTEE AMENDMENT "'1 "to H.P. 524, L.D. 719 
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; 
54. The rule must be amended in section 1 l .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; 
55. 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; 
56. 
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 
57. 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 majority report of the committee, changes the title and 
replaces the bill, which is a concept draft. The amendment: 
1. 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; 
2. Authorizes the Department of Administrative and Financial Services, under the 
Marijuana Legalization Act, to require a conditionally licensed applicant seeking 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; 
3. Clarifies the routine technical rule-making authority of the department under the 
Marijuana Legalization Act with respect to the adoption of rules regarding the provisional 
licensure, licensure, certification and accreditation of testing facilities; 
4. 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; 
COMMITTEE AMENDMENT 
>c~ 
COMMITTEE AMENDMENT 'A "to H.P. 524, L.D. 719 
5. · 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; 
6. 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; and 
7. 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 
Fiscal Detail and Notes 
Approved: 06/17 /19 %ac. 
LD719 
LR2197(02) 
An Act To Amend the Adult Use Marijuana Law 
Fiscal Note for Bill as Amended by Committee Amendment '~' { /J-6 )~ 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Office of Marijuana Policy within the Department of Administrative and Financial 
Services as a result of changes to the laws regarding marijuana to incorporate recently passed legislation and as a 
result of the final adoption of rules regarding adult use marijuana are anticipated to be minor and can be absorbed 
within existing budgeted resources. 
LR2197(02) - Fiscal Note - Page 1 of 1