An Act To Update and Clarify the Maine Medical Use of Marijuana Act and Provide for Greater Transparency
Maine Legislature, Session 130, LD 1928
Committee: Veterans and Legal Affairs
Sponsors: WILLIAMS, HICKMAN, DUNPHY, FAULKINGHAM, SUPICA, TALBOT ROSS, CURRY, FARRIN, JACKSON, MOORE
Amends: 22 MRSA §2422, 22 MRSA §2422-A, 22 MRSA §2423-B, 22 MRSA §2423-C, 22 MRSA §2424, 22 MRSA §2425-A, 22 MRSA §2429-A, 22 MRSA §2430-C, 22 MRSA §2430-G, 22 MRSA §2430-I

Legislative Document
No. 1928
H.P. 1435
House of Representatives, January 20, 2022
An Act To Update and Clarify the Maine Medical Use of Marijuana 
Act and Provide for Greater Transparency
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on January 18, 2022.  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 WILLIAMS of Bar Harbor.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: DUNPHY of Old Town, FAULKINGHAM of Winter Harbor, SUPICA of 
Bangor, TALBOT ROSS of Portland, Senators: CURRY of Waldo, FARRIN of Somerset, 
President JACKSON of Aroostook, MOORE of Washington.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Public Law 2021, chapter 387 requires the Department of Administrative 
and Financial Services to adopt major substantive rules relating to the Maine Medical Use 
of Marijuana Act; and
Whereas, any rules adopted by the department will have significant effects on Maine's 
medical marijuana patients and thousands of registered medical marijuana caregivers and 
associated businesses across the State; and
Whereas, this warrants meaningful legislative oversight and approval; and
Whereas, the department has authority to adopt rules prior to the expiration of the 90-
day period; and
Whereas, the Maine Medical Use of Marijuana Act also requires amendments that 
cannot be delayed; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2422, sub-§14-C is enacted to read:
14-C.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.
Sec. 2.  22 MRSA §2422-A, sub-§2, as amended by PL 2021, c. 387, §1, is further 
amended to read:
2.  Rulemaking.  The department, after consultation with the Department of Health 
and Human Services, may adopt rules as necessary to administer and enforce this chapter 
or amend rules previously adopted pursuant to this chapter.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A, 
except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2‑A. Notwithstanding Title 
5, section 8072, subsection 11 or any other provision of law to the contrary, rules 
provisionally adopted by the department in accordance with this subsection and submitted 
for legislative review may not be finally adopted by the department unless legislation 
authorizing final adoption of those rules is enacted into law.  Before adopting rules pursuant 
to this subsection, the department shall consult with caregivers, registered caregivers, 
patients and medical providers with significant knowledge and experience certifying 
patients under this chapter.  The department shall develop a process to use when hiring 
consultants to advise on rule changes related to this chapter and shall report any subsequent 
changes to that process to the joint standing committee of the Legislature having 
jurisdiction over medical use of marijuana matters. 
Sec. 3.  22 MRSA §2422-A, sub-§3 is enacted to read:
3.  Economic impact report.  The department shall evaluate how its provisionally 
adopted rules submitted for legislative review in accordance with subsection 2 sought to 
minimize economic burdens on small businesses in accordance with Title 5, section 8052, 
subsection 5-A. The department shall include with its rules submitted for legislative review 
a copy of the evaluation required pursuant to this subsection.
Sec. 4.  22 MRSA §2423-B, sub-§9 is enacted to read:
9.  Telehealth.  A medical provider providing a written certification pursuant to this 
section may consult with a patient seeking a written certification using telehealth services.
Sec. 5.  22 MRSA §2423-C, as amended by PL 2017, c. 452, §6, is further amended 
to read:
§2423-C.  Authorized conduct
A Notwithstanding chapter 262-A, a person may provide a qualifying patient who is 
years of age or older or a caregiver with marijuana paraphernalia for purposes of the 
qualifying patient's medical use of marijuana in accordance with this chapter and. A person 
may be in the presence or vicinity of the medical use of marijuana as allowed under this 
chapter.
Sec. 6.  22 MRSA §2424, sub-§1-A, as amended by PL 2021, c. 387, §6, is further 
amended to read:
1-A.  Rulemaking.  The department may adopt rules to carry out the purposes of this 
chapter in accordance with section 2422-A, subsection 2. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A, 
except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2‑A. 
Sec. 7.  22 MRSA §2424, sub-§4, ¶A, as enacted by PL 2017, c. 452, §10, is 
amended to read:
A.  Minimum oversight requirements for dispensaries and registered caregivers and the 
one permitted additional location at which a dispensary cultivates marijuana plants for 
medical use by qualifying patients; and
Sec. 8.  22 MRSA §2424, sub-§4, ¶B, as amended by PL 2019, c. 217, §4, is further 
amended to read:
B.  Minimum security requirements for registered caregivers operating caregiver retail 
stores pursuant to section 2423‑A, subsection 2, paragraph P and registered 
dispensaries and any additional location at which a dispensary cultivates marijuana 
plants for medical use by qualifying patients.; and
Sec. 9.  22 MRSA §2424, sub-§4, ¶C is enacted to read:
C.  A graduated enforcement plan for violations of this chapter or rules adopted under 
this chapter that are proportional to the seriousness of the violation and reasonable in 
comparison to similar violations in other industries, including, but not limited to, 
warnings, plans of correction, fines and suspensions and revocations of registry 
identification cards or registration certificates. 
Sec. 10.  22 MRSA §2425-A, sub-§4, ¶C, as enacted by PL 2017, c. 452, §12, is 
amended to read:
C.  The department shall notify the applicant and, if the applicant is an officer or 
director or assistant of a registered dispensary, the registered dispensary, in writing of 
the reason for denying the registry identification card.
Sec. 11.  22 MRSA §2425-A, sub-§4, as enacted by PL 2017, c. 452, §12, is 
amended by amending the 2nd blocked paragraph to read:
If the department fails to issue or deny a valid registry identification card for a qualifying 
patient, a visiting qualifying patient, a caregiver, an officer or director of a dispensary or a 
caregiver or an assistant of a dispensary in response to a valid application for a card or for 
renewal of a card submitted pursuant to subsection 3 within 45 days of its submission, the 
registry identification card is deemed granted and a copy of the application for a registry 
identification card or for renewal of the card is deemed a valid registry identification card. 
If the department fails to issue or deny a valid registry identification card for an assistant 
of a caregiver in response to a valid application for a card or for renewal of a card submitted 
pursuant to subsection 3 within 14 days of its submission, the registry identification card is 
provisionally granted and a copy of the application for a registry identification card or for 
renewal of the card is deemed a valid registry identification card until the department makes 
a determination about the application.
Sec. 12.  22 MRSA §2425-A, sub-§5, ¶C, as enacted by PL 2017, c. 452, §12, is 
amended to read:
C.  Registry identification cards issued to an officer or director or assistant of a 
registered dispensary must also contain:
(1)  The legal name of the registered dispensary with which the officer or director 
or assistant is affiliated;
(2)  The address and date of birth of the officer or director or assistant; and
(3)  A photograph of the officer or director or assistant, if required by the 
department.
Sec. 13.  22 MRSA §2425-A, sub-§5, ¶C-1 is enacted to read:
C-1.  Registry identification cards issued to an assistant of a caregiver or registered 
dispensary must also contain:
(1)  The address and date of birth of the assistant; and 
(2)  A photograph of the assistant, if required by the department. 
Sec. 14.  22 MRSA §2425-A, sub-§5, ¶D, as enacted by PL 2017, c. 452, §12, is 
amended to read:
D.  The registry identification card of an officer or director or assistant of a registered 
dispensary expires 10 days after notification is given to the department by the registered 
dispensary that the person has ceased to work at the dispensary.
Sec. 15.  22 MRSA §2425-A, sub-§5, as amended by PL 2021, c. 367, §12, is 
further amended by enacting at the end a new blocked paragraph to read:
An assistant of a caregiver or registered dispensary may work for any caregiver or 
registered dispensary as long as the assistant obtains a registry identification card.
Sec. 16.  22 MRSA §2425-A, sub-§12, ¶M is enacted to read:
M.  A caregiver, dispensary, manufacturing facility or marijuana testing facility or an 
officer or director or assistant of a dispensary, caregiver, manufacturing facility or 
marijuana testing facility may not be required to disclose to a law enforcement officer 
information that could reasonably identify an individual patient's identity without a 
warrant requiring the disclosure.
Sec. 17.  22 MRSA §2425-A, sub-§12, ¶N is enacted to read:
N.  A person who accompanies a patient to obtain marijuana plants or harvested 
marijuana may not be required to disclose to a law enforcement officer information 
that could reasonably identify an individual patient's identity without a warrant 
requiring the disclosure.
Sec. 18.  22 MRSA §2429-A, as amended by PL 2019, c. 331, §28, is further 
amended by amending the section headnote to read:
§2429-A.  Packaging and, labeling and testing requirements
Sec. 19.  22 MRSA §2429-A, sub-§4, as amended by PL 2019, c. 331, §28, is 
further amended to read:
4.  Educational materials.  A person that provides harvested marijuana to a qualifying 
patient must shall make educational materials about the use of harvested marijuana 
available to the qualifying patient at the time of the transaction. Educational materials 
provided pursuant to this subsection may be provided to a qualifying patient electronically. 
The department shall develop the minimum content of the educational materials provided 
under this subsection and make that content available publicly. 
Sec. 20.  22 MRSA §2429-A, sub-§5 is enacted to read:
5.  Required testing prohibited.  The department may not require testing of harvested 
marijuana unless the Legislature approves a testing standard that is reliable, consistent and 
science-based and provides useful information to qualifying patients or medical providers.
Sec. 21.  22 MRSA §2430-C, sub-§10 is enacted to read:
10.  Restrictions on law enforcement access.  A caregiver, dispensary, manufacturing 
facility or marijuana testing facility may not be required to allow a law enforcement officer 
to access any location in which the caregiver, dispensary, manufacturing facility or 
marijuana testing facility operates unless the law enforcement officer:
A.  Has a warrant requiring access;
B.  Is responding to immediate health or safety concerns; or
C.  Is providing emergency services.
Sec. 22.  22 MRSA §2430-G, sub-§1, ¶A-1 is enacted to read:
A-1.  The department may not require a registered caregiver, registered dispensary, 
marijuana testing facility or manufacturing facility to submit its standard operating 
procedures to the department.
Sec. 23.  22 MRSA §2430-G, sub-§5 is enacted to read:
5.  Electronic tracking system.  The department may not require a registered 
caregiver, registered dispensary, marijuana testing facility or manufacturing facility to use 
a particular electronic system for tracking marijuana plants and harvested marijuana, 
including, but not limited to, during any point of sale.
Sec. 24.  22 MRSA §2430-I is enacted to read:
§2430-I.  Reporting of sales tax data
The department shall compile and make publicly available a monthly report of sales 
tax data for all wholesale and retail transactions reported under this chapter. 
Sec. 25.  Department of Administrative and Financial Services, office of 
marijuana policy to adopt rules.  The Department of Administrative and Financial 
Services, office of marijuana policy shall, no later than January 1, 2023, adopt rules 
implementing the Maine Medical Use of Marijuana Act in order to:
1. Develop requirements for a caregiver, dispensary, manufacturing facility or 
marijuana testing facility in order that harvested marijuana or marijuana products can be 
traced in the event of a product recall;
2. Define "batch number," "digital certification" and "packing slip," to the extent those 
terms are used in its rules;
3. Define "medical provider" with specificity and to be consistent with the Maine 
Revised Statutes, Title 22, section 2422, subsection 4-C, to the extent that term is used in 
its rules; and
4. Develop a graduated enforcement plan for violations of Title 22, chapter 558-C or 
rules adopted pursuant to that chapter in accordance with Title 22, section 2424, subsection 
4, paragraph C.
Rules adopted pursuant to this section are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill accomplishes the following.
1.  It requires that, notwithstanding the Maine Revised Statutes, Title 5, section 8072, 
subsection 11 or any other provision of law to the contrary, major substantive rules that are 
provisionally adopted by the Department of Administrative and Financial Services, office 
of marijuana policy relating to the Maine Medical Use of Marijuana Act and submitted for 
legislative review may not be finally adopted by the department unless legislation 
authorizing final adoption of those rules is enacted into law.
2. It requires that the department evaluate how its provisionally adopted rules submitted 
for legislative review sought to minimize economic burdens on small businesses in 
accordance with Title 5, section 8052, subsection 5-A and to include a copy of that 
evaluation with its rules when they are submitted for legislative review.
3. It limits the circumstances under which a law enforcement officer may access a 
location in which a caregiver, dispensary, manufacturing facility or marijuana testing 
facility operates.
4. It limits disclosure to a law enforcement officer of information that could reasonably 
identify an individual patient's identity without a warrant requiring the disclosure.
5. It authorizes the use of telehealth services for medical providers to meet with patients 
seeking a written certification for the medical use of marijuana.
6. It provides that educational materials required to be given to qualifying patients may 
be provided electronically.
7. It prohibits the department from requiring a registered caregiver, registered 
dispensary, marijuana testing facility or manufacturing facility to use a particular electronic 
system for tracking marijuana plants and harvested marijuana.
8. It requires the department to compile and make publicly available a monthly report 
of sales tax data for all wholesale and retail transactions reported under the Maine Medical 
Use of Marijuana Act.
9. It provides that if the department fails to issue or deny a valid registry identification 
card for an assistant of a caregiver within 14 days of the submission of an application for 
issuance or renewal, the registry identification card is provisionally granted.
10. It prohibits the department from requiring testing of harvested marijuana unless the 
Legislature approves a testing standard that is reliable, consistent and science-based and 
provides useful information to qualifying patients or medical providers.
11. It provides that an assistant of a caregiver or registered dispensary may work for 
any caregiver or registered dispensary as long as the assistant obtains a registry 
identification card.
12. It prohibits the department from requiring a caregiver, registered dispensary, 
marijuana testing facility or manufacturing facility to submit its standard operating 
procedures to the department.
13. It clarifies that a person may provide a qualifying patient who is 18 years of age or 
older with marijuana paraphernalia for purposes of the qualifying patient's medical use of 
marijuana, notwithstanding the requirements of Title 22, chapter 262-A, which, among 
other provisions, requires licensure for certain tobacco retailers and prohibits the sale of 
tobacco products to a person who has not attained 21 years of age.
14. It directs the department's office of marijuana policy to adopt rules to develop a 
graduated enforcement plan for violations of the Maine Medical Use of Marijuana Act or 
rules adopted under the Act, to develop requirements for a caregiver, dispensary, 
manufacturing facility or marijuana testing facility in order that harvested marijuana or 
marijuana products can be traced in the event of a product recall and to define and clarify 
certain terms.