An Act To Increase Funding to Qualifying Municipalities by Sharing Adult Use Marijuana Sales and Excise Tax Revenue
Maine Legislature, Session 130, LD 1195
Committee Amendment CA_B_H1014 (House)
Amends: 28-B MRSA §108, 28-B MRSA §109, 28-B MRSA §1101, 36 MRSA §1818, 36 MRSA §4925

COMMITTEE AMENDMENT "P "to H.P. 873, L.D. 1195, "An Act To Increase 
Funding to Qualifying Municipalities by Sharing Adult Use Marijuana Sales and Excise 
Tax Revenue" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Assist Qualifying Municipalities To Defray the Costs of Opting In To 
Permit Adult Use Marijuana Establishments' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 28-B MRSA §108, as amended by PL 2021, c. 226, §3, is further amended 
to read: 
§108. -Pu,blic health and safety programs 
The department shall develop and implement or facilitate the development and 
• "' implementation by a public or private entity of: programs, initiatives and campaigns 
focused on increasing the awareness and education of the public on health and safety 
matters and focused on addressing public and behavioral health needs relating to the use of 
marijuana and marijuana products, including, but not limited to, programs, initiatives and 
campaigns focused on preventing and deterring the use of marijuana and marijuana 
products by persons under 21 years of age; and public and behavioral health programs and 
services related to the use of marijuana and marijuana products, including, but not limited 
to, evidence-based substance use disorder prevention and treatment programs, early 
intervention services and grants for schools or community-based organizations that provide 
programs for youth substance use disorder education and prevention as described under 
Title 5, chapter 521. Programs, initiatives and campaigns developed and implemented 
pursuant to this section may be funded with revenue from the Adult Use Marijuana Public 
Health and Safety and Municipal Opt-in Fund established in section 1101. The department 
may adopt rules to implement this section. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT')?" to H.P. 873, L.D. 1195 
Sec. 2. 28-B MRSA §109, as amended by PL 2021, c. 226, §4, is further amended 
to read: 
§109. Enhanced training for criminal justice agencies and municipalities 
The department shall develop and implement or facilitate the development and 
implementation by a public or private entity of programs or initiatives providing enhanced 
training for criminal justice agencies and municipal officers and employees in the 
requirements and enforcement of this chapter and the rules adopted pursuant to this chapter, 
including, but not limited to, programs providing grants to regional or local criminal justice 
agencies or municipalities to train law enforcement officers and, if applicable, municipal 
officers and employees in inspections, investigations, searches, seizures, forfeitures and 
personal use and home cultivation allowances under this chapter and chapter 3 and the rules 
adopted pursuant to this chapter; in drug recognition procedures and the general 
enforcement of the State's motor vehicle laws relating to the use of marijuana; and in 
restorative justice, jail diversion, marijuana industly-specific technical assistance and 
mentoring for economically disadvantaged persons in communities disproportionately 
affected by high rates of arrest and incarceration for marijuana-related offenses. Training 
programs or initiatives developed and implemented pursuant to this section may be funded 
with revenue from the Adult Use Marijuana Public Health and Safety and Municipal Opt-
in Fund established in section 1101. The department may adopt rules to implement this 
section. 
Sec. 3. 28-B MRSA c. 1, sub-c. 11, as amended, is amended by amending the 
subchapter headnote to read: 
SUBCHAPTER 11 
ADULT USE MARIJUANA PUBLIC HEALTH AND SAFETY AND MUNICIPAL 
OPT-IN FUND; ADULT USE MARIJUANA REGULATORY COORDINATION 
FUND 
Sec. 4. 28-B MRSA §1101, as amended by PL 2019, c. 231, Pt. B, §6, is further 
amended to read: 
§1101. Adult Use Marijuana Public Health and Safety and Municipal Opt-in Fund 
The Adult Use Marijuana Public Health and Safety and Municipal Opt-in Fund, 
refetTed to in this section as "the fund," is established as a dedicated, nonlapsing fund within 
the department for the purposes specified in this section. 
1. Sources of fund. The State Controller shall credit to the fund: 
A. Money received from the excise tax imposed on the sale of adult use marijuana 
pursuant to Title 36, chapter 723 in the amount required under Title 36, section 4925; 
B. Money received from the sales tax imposed on the sale of adult use marijuana and 
adult use marijuana products by a marijuana store licensee to a consumer pursuant to 
Title 36, section 1811 in the amount required under Title 36, section 1818; 
C. All money from any other source, whether public or private, designated for deposit 
into or credited to the fund; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"£)" to H.P. 873, L.D. 1195 
D. Interest earned or other investment income on balances in the fund. 
2. Uses of fund. Money credited to the fund pursuant to subsection 1 may be used by 
the department as provided in this subsection. 
A. l'fo more thaa 50% of all moRe;,' Money credited to the fund may be expended by 
the department to fund public health and safety awareness and education programs, 
initiatives, campaigns and activities relating to the sale and use of adult use marijuana 
and adult use marijuana products conducted in accordance with section 108 • by the 
department, another state agency or department or any other public or private entity. 
B. No more thaa 50% of all moRe;,' Money credited to the fund may be expended by 
the department to fund enhanced law enforcement training programs relating to the sale 
and use of adult use marijuana and adult use marijuana products for local, county and 
state law enforcement officers conducted in accordance with section 109 by the 
department, the Maine Criminal Justice Academy, another state agency or department 
or any other public or private entity. 
C. Money credited to the fund may be expended by the department to provide 
reimbursement to a qualifying municipality for qualifying expenses incurred as a result 
of the municipality's efforts to opt in to permit the operation of some or all adult use 
marijuana establishments within the municipality in accordance with subchapter 4. For 
the purposes of this paragraph, "qualifying municipality" means a municipality that 
opts in to permit the operation of adult use marijuana establishments within the 
municipality on or after July 1. 2022 in accordance with subchapter 4 or a municipality 
that opted to permit within the municipality the operation of cultivation facilities, 
products manufacturing facilities or testing facilities, but not marijuana stores. prior to 
July 1, 2022. For the purposes of this paragraph. "qualifying expenses" means legal 
fees and costs associated with the drafting and adoption of a warrant article or the 
adoption or amendment of an ordinance, including the conduct of a town meeting or 
election. incurred on or after July 1. 2022 by a qualifying municipality that opts in on 
or after July 1. 2022 to permit the operation of some or all marijuana establishments 
within the municipality and legal fees and costs associated with the drafting and 
adoption of a warrant article or the adoption or amendment of an ordinance to permit 
the operation of marijuana stores within a municipality that opted to permit within the 
municipality the operation of cultivation facilities, products manufacturing facilities or 
testing facilities, but not marijuana stores, prior to July 1, 2022. Each qualifying 
municipality may receive funds, not to exceed $20,000, only once for the 
reimbursement of qualifying expenses in accordance with this paragraph. Nothing in 
this paragraph may be construed to require the department to reimburse qualifying • 
expenses-incurred-by-a qualifying municipality-if the department-determines-there-are-· - ·-
insufficient funds available to provide reimbursement. Under no circumstances may a 
qualifying municipality submit an initial application for the reimbursement of 
qualifying expenses more than 3 years after the qualifying municipality adopts a 
warrant article or adopts or amends an ordinance to allow for the operation of some or 
all adult use marijuana establishments within the municipality. The department may 
adopt rules to implement and administer the reimbursement of qualifying expenses to 
qualifying municipalities. Rules adopted pursuant to this paragraph are routine 
technical rules as defined in Title 5, chapter 375. subchapter 2-A. The department may 
not reimburse qualifying expenses under this paragraph accrued after July 1, 2027. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "6 "to H.P. 873, L.D. 1195 
3, Application of fund to departmental expenses prohibited. Money in the fund 
may not be applied to any expenses incutTed by the department in implementing, 
administering or enforcing this chapter. 
Sec. 5. 36 MRSA §1818, as enacted by PL 2017, c. 409, Pt. D, §4, is amended to 
read: 
§1818. Tax on adult use marijuana and adult use marijuana products 
All sales tax revenue collected pursuant to section 1811 on the sale of adult use 
marijuana and adult use marijuana products must be deposited into the General Fund, 
except that, on or before the last day of each month, the State Controller shall transfer 12% 
of the sales tax revenue received by the assessor during the preceding month pursuant to 
section 1811 to the Adult Use Marijuana Public Health and Safety and Municipal Opt-in 
Fund established under Title 28-B, section 1101. 
Sec. 6. 36 MRSA §4925, as enacted by PL 2019, c. 231, Pt. B, §7, is amended to 
read: 
§4925. Application of excise tax revenue 
All excise tax revenue collected by the assessor pursuant to this chapter on the sale of 
adult use marijuana must be deposited into the General Fund, except that, on or before the 
last day of each month, the assessor shall transfer 12% of the excise tax revenue received 
during the preceding month pursuant to this chapter to the Adult Use Marijuana Public 
Health and Safety and Municipal Opt-in Fund established in Title 28-B, section 1101.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment changes the name of the Adult Use Marijuana Public Health and 
Safety Fund to the Adult Use Marijuana Public Health and Safety and Municipal Opt-in 
Fund and expands the authorized uses of that fund to include reimbursement to a qualifying 
municipality for qualifying expenses related to the municipality's efforts to opt in to permit 
the operation of some or all adult use marijuana establishments within the municipality. 
The Department of Administrative and Financial Services, which administers the fund, may 
not reimburse qualifying expenses accrued after July 1, 2027. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/22/22 feac:.. 
LD 1195 
LR 800(04) 
An Act To Increase Funding to Qualifying Municipalities by Sharing Adult Use Marijuana Sales and 
Excise Tax Revenue 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "b ( tf ,, / 0 I Y) 
Committee: Taxation 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact - Other Special Revenue Funds 
This bill changes the name of the Adult Use Marijuana Public Health and Safety Fund within the Department of 
Administrative and Financial Services to the Adult Use Marijuana Public Health and Safety and Municipal Opt-in 
Fund. It removes a requirement that 50% of expenditures from the fund be used for public health and safety awareness 
and education programs related to the sale and use of adult use marijuana and 50% be used for enhanced law 
enforcement training programs related to the sale and use of adult use marijuana. The bill adds a new use of the fund 
to reimburse municipalities for certain expenses incuned before July I~ 2022 and until July 1, 2027 related to effotis 
to opt-in to permit the operation of adult use marijuana establishments within that municipality. Removing the 50/50 
requirement and allowing reimbursement of opt-in related expenses will not necessarily result in additional 
expenditures from the fund, but will change the mix of expenditures. 
LR0800(04) - Fiscal Note - Page I of 1