An Act To Make Technical Changes to the Maine Medical Use of Marijuana Act
Maine Legislature, Session 130, LD 0881
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2425-A

Legislative Document
No. 881
S.P. 295
In Senate, March 8, 2021
An Act To Make Technical Changes to the Maine Medical Use of 
Marijuana Act
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  22 MRSA §2422, sub-§4-K, as amended by PL 2019, c. 528, §15, is 
further amended to read:
4-K.  Marijuana plant.  "Marijuana plant" means a plant of the genus Cannabis, 
including, but not limited to, Cannabis sativa, Cannabis indica and Cannabis ruderalis or 
their hybrids and the seeds of those plants.  "Marijuana plant" does not include hemp as 
defined in Title 7, section 2231, subsection 1‑A, paragraph D.
Sec. A-2.  22 MRSA §2422, sub-§4-N, as enacted by PL 2019, c. 331, §2 and c. 
528, §16, is repealed and the following enacted in its place:
4-N.  Immature marijuana plant.  "Immature marijuana plant" means a marijuana 
plant that is not a mature marijuana plant or seedling. "Immature marijuana plant" does not 
include hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
Sec. A-3.  22 MRSA §2422, sub-§14-B, as enacted by PL 2017, c. 452, §3, is 
amended to read:
14-B.  Seedling.  "Seedling" means a nonflowering marijuana plant or rooted cutting 
that measures 24 inches or less from the base of the main plant stalk to the most distant 
point of the plant's leaf stems or branches. is:
A.  Not flowering;
B.  Less than 18 inches in height; and
C.  Less than 18 inches in width.
PART B
Sec. B-1.  22 MRSA §2423-A, sub-§2, ¶P, as amended by PL 2019, c. 217, §2, is 
further amended to read:
P.  Operate Obtain a registration certificate from the department pursuant to section 
2425-A, subsection 6 to operate one caregiver retail store to sell harvested marijuana 
to qualifying patients for the patients' medical use in accordance with this chapter; and
Sec. B-2.  22 MRSA §2425-A, sub-§2, as enacted by PL 2017, c. 452, §12, is 
amended to read:
2.  Required registration.  A caregiver, other than a caregiver operating under section 
2423‑A, subsection 3, paragraph C, and an officer or director or assistant of a dispensary 
or a caregiver, other than a caregiver operating under section 2423‑A, subsection 3, 
paragraph C, shall obtain a registry identification card in accordance with subsections 3, 4 
and 5.  A long-term care facility designated by a qualifying patient pursuant to section 
2423‑A, subsection 1, paragraph F‑1, subparagraph (2), a caregiver retail store and a 
dispensary shall obtain a registration certificate in accordance with subsections 6, 7 and 8.
Sec. B-3.  22 MRSA §2425-A, sub-§6, as enacted by PL 2017, c. 452, §12, is 
amended to read:
6.  Application for registration certificate; qualifications.  The department shall 
register and issue a registration certificate to an applicant who submits a complete 
application that meets the requirements of this subsection. An application must include, as 
applicable:
A.  The annual fee required pursuant to subsection 10;
B.  Evidence of the applicant's registration with the Secretary of State and evidence 
that the applicant is in good standing with the Secretary of State; and
C.  The name, address and date of birth of each officer or director of the applicant.;
D.  If the applicant is a registered caregiver applying for a registration certificate for a 
caregiver retail store, the physical address of the caregiver retail store; and
E.  Evidence of compliance with all local regulations in accordance with section 
2429-D as applicable.
Sec. B-4.  22 MRSA §2425-A, sub-§8, as amended by PL 2019, c. 331, §20, is 
further amended to read:
8.  Requirements for issuance of registration certificates.  A registration certificate 
expires one year after the date of issuance.  The certificate must contain, as applicable:
A.  The name of the certificate holder;
B.  The date of issuance and expiration date of the registration certificate;
C.  A random identification number that is unique to the certificate holder;
D.  The physical address of the certificate holder and, if the certificate holder is a 
caregiver retail store, the physical address of the caregiver retail store, or if the 
certificate holder is a dispensary, the physical address of one additional location, if any, 
where marijuana plants will be cultivated; and
E.  A clear designation showing whether the certificate holder is allowed under this 
chapter to cultivate marijuana plants.
Sec. B-5.  22 MRSA §2425-A, sub-§10, ¶B, as enacted by PL 2017, c. 452, §12, 
is repealed and the following enacted in its place:
B.  There is an annual registration fee for a caregiver who cultivates marijuana plants 
on behalf of a qualifying patient pursuant to section 2423-A, subsection 2, paragraph 
B.
(1)  For a caregiver registering based upon plant count, the fee may not be less than 
$50 or more than $240 for each group of up to 6 mature marijuana plants cultivated 
by the caregiver. The caregiver shall notify the department of the number of 
marijuana plants the caregiver cultivates.
(2)  For a caregiver registering based upon plant canopy, the fee may not be less 
than $50 or more than $1,500 for a total plant canopy of 500 square feet or less.
Sec. B-6.  22 MRSA §2425-A, sub-§10, ¶B-1 is enacted to read:
B-1.  There is an annual registration fee for a caregiver retail store, which may not be 
less than $50 or more than $240.
Sec. B-7.  22 MRSA §2425-A, sub-§11, ¶E is enacted to read:
E.  A caregiver retail store shall notify the department in writing if the physical address 
of the caregiver retail store changes.
SUMMARY
This bill makes the following changes to the Maine Medical Use of Marijuana Act.
1.  It repeals and replaces the definition of "immature marijuana plant" and amends the 
definitions of "marijuana plant" and "seedling."
2.  It requires a registered caregiver operating a caregiver retail store to acquire a 
separate registration certificate for the caregiver retail store and to pay a separate 
registration fee for the caregiver retail store.  It changes the fee for caregiver registration 
based on the plant count to a fee for caregiver registration based either on plant count or 
plant canopy.