An Act Regarding the Testing and Safety of Marijuana and Marijuana Products
Maine Legislature, Session 130, LD 1249
Committee: Veterans and Legal Affairs
Sponsors: PERRY
Amends: 28-B MRSA §602, 28-B MRSA §603, 28-B MRSA §605, 28-B MRSA §703

Legislative Document
No. 1249
H.P. 915
House of Representatives, March 26, 2021
An Act Regarding the Testing and Safety of Marijuana and 
Marijuana Products
Received by the Clerk of the House on March 24, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-B MRSA §602, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
A licensee may not sell or distribute adult use marijuana or an adult use marijuana 
product to a consumer or to another licensee under this chapter unless the marijuana or 
marijuana product has been tested pursuant to this subchapter and the rules adopted 
pursuant to this subchapter and that mandatory testing has demonstrated that the marijuana 
or marijuana product does not exceed the maximum level of allowable contamination for 
any contaminant that is injurious to health and for which testing is required.  A licensee 
may satisfy the testing requirements under this subchapter and rules adopted pursuant to 
this subchapter if the marijuana or marijuana product being sold to a consumer has already 
been tested by another licensee.
Sec. 2.  28-B MRSA §602, as enacted by PL 2017, c. 409, Pt. A, §6, is amended by 
enacting a 2nd indented paragraph to read:
Nothing in this chapter may be construed to prevent or require additional testing of 
marijuana or marijuana product by a licensee to demonstrate that the marijuana or 
marijuana product does not exceed the maximum level of allowable contamination for any 
contaminant that is injurious to health prior to the sale or distribution of marijuana or 
marijuana product to another licensee under this chapter.
Sec. 3.  28-B MRSA §603, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
1.  Notification of testing results required.  If the results of a mandatory test 
conducted pursuant to section 602 indicate that the tested adult use marijuana or adult use 
marijuana product exceeds the maximum level of allowable contamination for any 
contaminant that is injurious to health and for which testing is required, the testing facility 
immediately shall quarantine, document and properly destroy the marijuana or marijuana 
product, except when the owner of the tested marijuana or marijuana product has 
successfully undertaken remediation and retesting, and within 30 days of completing the 
test shall notify the department of the test results.  The owner of tested marijuana or 
marijuana product that exceeds the maximum level of allowable contamination for any 
contaminant that is injurious to health and for which testing is required may remediate and 
retest the marijuana or marijuana product until the marijuana or marijuana product is within 
an allowable level.
Sec. 4.  28-B MRSA §605, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
4.  No subsequent processing, manufacturing or alteration.  Since the performance 
of the prior testing under subsection 1, the marijuana or marijuana product has not 
undergone any further processing, manufacturing or alteration, other than the packaging 
and labeling of the marijuana or marijuana product for sale that can reasonably be expected 
to alter the THC potency, homogeneity and cannabinoid profiles tested under section 602, 
subsection 1, paragraph F.
If the marijuana or marijuana product has undergone additional processing, manufacturing 
or alteration involving other marijuana or another marijuana product that has not previously 
been tested, then the resulting marijuana or marijuana product must be tested.
Sec. 5.  28-B MRSA §703, sub-§3 is enacted to read:
3.  Edible marijuana products that are food or drink.  The department shall adopt 
rules, in consultation with the Department of Agriculture, Conservation and Forestry, to 
ensure that edible marijuana products that are food or drink meet the food safety 
contamination standards in place for similar food products regulated by the Department of 
Agriculture, Conservation and Forestry under Title 22, chapter 551.
SUMMARY
This bill:
1.  Establishes that mandatory testing is required only prior to the sale of marijuana or 
marijuana product from a licensee to a consumer;
2.  Allows marijuana or marijuana product that exceeds the maximum level of 
allowable contamination to be remediated and retested until the marijuana or marijuana 
product is within an allowable level;
3.  Requires marijuana or marijuana product to be retested if it has undergone further 
processing, manufacturing or alteration that can reasonably be expected to alter the THC 
potency, homogeneity and cannabinoid profiles;
4.  Requires the resulting marijuana or marijuana product to be tested if the originally 
tested marijuana or marijuana product has undergone additional processing, manufacturing 
or alteration involving other marijuana or another marijuana product that has not previously 
been tested; and
5.  Requires the Department of Administrative and Financial Services to adopt rules, 
in consultation with the Department of Agriculture, Conservation and Forestry, to ensure 
that edible marijuana products that are food or drink meet the food safety contamination 
standards in place for similar food products.