An Act To Require the Testing of Marijuana for Medical Use
Maine Legislature, Session 130, LD 1445
Committee: Veterans and Legal Affairs
Sponsors: HYMANSON
Amends: 22 MRSA §2429-E

Legislative Document
No. 1445
H.P. 1061
House of Representatives, April 12, 2021
An Act To Require the Testing of Marijuana for Medical Use
Received by the Clerk of the House on April 8, 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 HYMANSON of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2429-E is enacted to read:
§2429-E.  Harvested marijuana testing program
1.  Mandatory testing program established.  The department shall establish a testing 
program for harvested marijuana.  Except as otherwise provided in this section or in rules 
adopted pursuant to this section, the program must require a registered caregiver, 
dispensary or manufacturing facility, prior to selling or distributing harvested marijuana to 
a qualifying patient or to another registered caregiver, dispensary or manufacturing facility, 
to submit the harvested marijuana to a testing facility licensed pursuant to Title 28-B, 
chapter 1 for testing to ensure that the harvested marijuana does not exceed the maximum 
level of allowable contamination for any contaminant that is injurious to health and for 
which testing is required and to ensure correct labeling. 
2.  Scope of mandatory testing; record keeping; processes, protocols and 
standards.  A registered caregiver, dispensary or manufacturing facility may not sell or 
distribute harvested marijuana to a qualifying patient or caregiver or to another registered 
caregiver, dispensary or manufacturing facility under this section unless the harvested 
marijuana has been tested pursuant to this section and the rules adopted pursuant to this 
section and that mandatory testing has demonstrated that the tested harvested marijuana 
does not exceed the maximum level of allowable contamination for any contaminant that 
is injurious to health and for which testing is required.
A.  Mandatory testing of harvested marijuana under this section must include, but is 
not limited to, testing for:
(1) Residual solvents, poisons and toxins;
(2) Harmful chemicals;
(3) Dangerous molds and mildew;
(4) Harmful microbes, including, but not limited to, Escherichia coli and 
salmonella;
(5) Pesticides, fungicides and insecticides; and
(6) THC, or tetrahydrocannabinol, potency, homogeneity and cannabinoid profiles 
to ensure correct labeling.
The department may temporarily waive mandatory testing requirements under this 
paragraph for any contaminant or factor for which the department has determined that 
there exists no testing facility licensed pursuant to Title 28-B, chapter 1 in the State 
capable of and certified to perform such testing.
B.  A registered caregiver, dispensary or manufacturing facility shall maintain a record 
of all mandatory testing under this section that includes a description of the harvested 
marijuana provided to the testing facility, the identity of the testing facility and the 
results of the mandatory test.
C.  The department shall establish by rule processes, protocols and standards for 
mandatory and other testing of harvested marijuana that conform with the best practices 
generally used within the marijuana industry.
3.  Notification requirements.  Testing facilities are required to notify the department 
of test results on harvested marijuana as follows.
A.  If the results of a mandatory test conducted pursuant to subsection 2 indicate that 
the tested harvested marijuana exceeds the maximum level of allowable contamination 
for any contaminant that is injurious to health and for which testing is required, the 
testing facility immediately shall notify the department and the registered caregiver, 
dispensary or manufacturing facility that submitted the sample for testing of the failed 
mandatory test.  If a registered caregiver, dispensary or manufacturing facility 
successfully undertakes remediation and retesting of harvested marijuana that 
previously failed a mandatory test, the testing facility shall notify the department and 
the registered caregiver, dispensary or manufacturing facility of the test results of the 
retested harvested marijuana.
B.  A testing facility is not required to notify the department of the results of any test:
(1)  Conducted on harvested marijuana at the direction of a registered caregiver, 
dispensary or manufacturing facility pursuant to subsection 2 that demonstrates 
that the harvested marijuana does not exceed the maximum level of allowable 
contamination for any contaminant that is injurious to health and for which testing 
is required;
(2)  Conducted on harvested marijuana at the direction of a registered caregiver, 
dispensary or manufacturing facility for research and development purposes only, 
so long as the registered caregiver, dispensary or manufacturing facility notifies 
the testing facility prior to the performance of the test that the testing is for research 
and development purposes only; 
(3)  Conducted on harvested marijuana at the direction of a person who is not a 
registered caregiver, dispensary or manufacturing facility; or
(4)  Conducted on a substance that is not harvested marijuana.
4.  Sampling for testing.  A registered caregiver, an assistant of a registered caregiver, 
a dispensary, a manufacturing facility, a sample collector licensed pursuant to Title 28-B, 
chapter 1 or an employee of a sample collector or marijuana testing facility licensed 
pursuant to Title 28-B, chapter 1 may collect samples of harvested marijuana for mandatory 
testing.
A.  The department shall adopt rules regarding the collection of samples of harvested 
marijuana by a registered caregiver, an assistant of a registered caregiver, a dispensary, 
a manufacturing facility, a sample collector licensed pursuant to Title 28-B, chapter 1 
or an employee of a sample collector or marijuana testing facility licensed pursuant to 
Title 28-B, chapter 1 for mandatory testing as authorized under this subsection that 
must include, but are not limited to:
(1)  The establishment of sample collecting processes, protocols and standards, 
which must be complied with in collecting samples of harvested marijuana; 
(2)  Requirements for a demonstration to the department of sample collecting 
practices to ensure compliance with subparagraph (1);
(3)  Provisions authorizing the department to conduct audits of harvested marijuana 
that was tested using samples collected pursuant to this subsection, with all costs 
of the audits to be paid by the registered caregiver, dispensary or manufacturing 
facility;
(4)  Requirements for the transportation, delivery and transfer of collected samples 
of harvested marijuana to a testing facility, which must require the in-person 
transfer of the collected samples; and
(5)  A prohibition on the intentional tampering with or interference in the 
mandatory testing process or auditing process, including failure of any audit 
conducted in accordance with subparagraph (3), by a registered caregiver, an 
assistant of a registered caregiver, a dispensary, a manufacturing facility, a sample 
collector or employee of a sample collector licensed pursuant to Title 28-B, chapter 
or a marijuana testing facility or employee of a marijuana testing facility licensed 
pursuant to Title 28-B, chapter 1, which, notwithstanding any provision of this 
chapter to the contrary, may be treated by the department as constituting a violation 
of program requirements and as a basis for imposition of a suspension, revocation 
or termination of a registry identification card or registration certificate, as 
applicable.
5.  Additional testing not required.  Notwithstanding subsection 2, a registered 
caregiver, dispensary or manufacturing facility may sell, transfer or otherwise furnish to a 
qualifying patient or caregiver or to another registered caregiver, dispensary or 
manufacturing facility harvested marijuana that the registered caregiver, dispensary or 
manufacturing facility has not submitted for testing in accordance with this section and 
rules adopted pursuant to this section if:
A.  The harvested marijuana has previously undergone testing in accordance with this 
section and rules adopted pursuant to this section at the direction of another registered 
caregiver, dispensary or manufacturing facility and that testing demonstrated that the 
harvested marijuana does not exceed the maximum level of allowable contamination 
for any contaminant that is injurious to health and for which testing is required;
B.  The mandatory testing process and the test results for the harvested marijuana are 
documented in accordance with this section and all applicable rules adopted pursuant 
to this section;
C.  Tracking from immature marijuana plant to the point of sale or transfer to a 
qualifying patient or caregiver on behalf of a qualifying patient has been maintained 
for the harvested marijuana, and transfers of the harvested marijuana to another 
registered caregiver, dispensary or manufacturing facility or to a qualifying patient or 
caregiver on behalf of a qualifying patient can be easily identified; and
D.  Since the performance of the prior testing under paragraph A, the harvested 
marijuana has not undergone any further processing, manufacturing or alteration other 
than the packaging and labeling of the harvested marijuana in accordance with this 
section and rules adopted pursuant to this section.
6.  Rulemaking.  The department shall adopt rules establishing a testing program 
pursuant to this section, including rules identifying the types of contaminants that are 
injurious to health for which harvested marijuana must be tested under this section, rules 
regarding the maximum level of allowable contamination for each contaminant, rules 
permitting the temporary or permanent waiver of mandatory testing for registered 
caregivers, dispensaries or manufacturing facilities and rules regarding the collection of 
samples of harvested marijuana for testing, as described in subsection 4.  Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
SUMMARY
This bill makes changes to the Maine Medical Use of Marijuana Act.
1.  It establishes a mandatory testing program for harvested marijuana sold or 
distributed pursuant to the Maine Medical Use of Marijuana Act.
2.  It requires mandatory testing of all harvested marijuana for harmful contaminants 
by a licensed marijuana testing facility prior to sale or distribution.
3.  It requires a licensed marijuana testing facility to notify the Department of 
Administrative and Financial Services if a sample of harvested marijuana fails mandatory 
testing.
4.  It allows caregivers or their assistants, dispensaries, manufacturing facilities or 
sample collectors or testing facilities licensed pursuant to the Maine Revised Statutes, Title 
28-B, chapter 1 or their employees to collect samples of harvested marijuana for mandatory 
testing.
5.  It requires the Department of Administrative and Financial Services to adopt routine 
technical rules regarding the mandatory testing program, the types of contaminants that 
must be tested for and their maximum allowable levels and the collection, transfer, 
transport and auditing of samples of harvested marijuana for testing.
6.  It exempts harvested marijuana that has previously undergone mandatory testing 
and has not been subsequently processed from additional mandatory testing.