An Act To Enact the Maine Psilocybin Services Act
Maine Legislature, Session 130, LD 1582
Committee: Health and Human Services
Sponsors: BAILEY
Amends: 5 MRSA §12004-I, 28-B MRSA §2142, 17-A MRSA §1111-A, 25 MRSA §1542-A

Legislative Document
No. 1582
S.P. 496
In Senate, April 27, 2021
An Act To Enact the Maine Psilocybin Services Act
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§47-J is enacted to read:
47-J.   
Human 
Services 
Maine Psilocybin Advisory Board
Expenses/
Legislative Per 
Diem 
28-B MRSA 
§2142
Sec. 2.  17-A MRSA §1111-A, sub-§1, as amended by PL 2017, c. 409, Pt. B, §6, 
is further amended to read:
1.   As used in this section the term "drug paraphernalia" means all equipment, products 
and materials of any kind that are used or intended for use in planting, propagating, 
cultivating, growing, harvesting, manufacturing, compounding, converting, producing, 
processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, 
concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a 
scheduled drug in violation of this chapter or Title 22, section 2383, except that this section 
does not apply to a person who is authorized to possess marijuana for medical use pursuant 
to Title 22, chapter 558‑C, to the extent the drug paraphernalia is used for that person's 
medical use of marijuana; to a person who is authorized to possess marijuana pursuant to 
Title 28‑B, to the extent the drug paraphernalia is used for that person's adult use of 
marijuana; or to a marijuana store licensed pursuant to Title 28‑B, to the extent that the 
drug paraphernalia relates to the sale or offering for sale of marijuana by the marijuana 
store; or to a licensee pursuant to Title 28-B, to the extent the licensee is authorized to 
possess psilocybin. It includes, but is not limited to:
A.  Kits used or intended for use in planting, propagating, cultivating, growing or 
harvesting of any species of plant which is a scheduled drug or from which a scheduled 
drug can be derived;
B.  Kits used or intended for use in manufacturing, compounding, converting, 
producing, processing or preparing scheduled drugs;
C.  Isomerization devices used or intended for use in increasing the potency of any 
species of plant that is a scheduled drug;
D.  Testing equipment used or intended for use in identifying or in analyzing the 
strength, effectiveness or purity of scheduled drugs;
E.  Scales and balances used or intended for use in weighing or measuring scheduled 
drugs;
F.  Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, 
dextrose and lactose, used or intended for use in cutting scheduled drugs;
G.  Separation gins and sifters, used or intended for use in removing twigs and seeds 
from, or in otherwise cleaning or refining, marijuana;
H.  Blenders, bowls, containers, spoons and mixing devices used or intended for use in 
compounding scheduled drugs;
I.  Capsules, balloons, envelopes and other containers used or intended for use in 
packaging small quantities of scheduled drugs;
J.  Containers and other objects used or intended for use in storing or concealing 
scheduled drugs; and
K.  Objects used or intended for use in ingesting, inhaling or otherwise introducing 
marijuana, cocaine, hashish or hashish oil into the human body, such as:
(1)  Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without 
screens, permanent screens, hashish heads or punctured metal bowls;
(2)  Water pipes;
(3)  Carburetion tubes and devices;
(4)  Smoking and carburetion masks;
(5)  Roach clips, meaning objects used to hold burning material, such as a 
marijuana cigarette that has become too small or too short to be held in the hand;
(6)  Miniature cocaine spoons and cocaine vials;
(7)  Chamber pipes;
(8)  Carburetor pipes;
(9)  Electric pipes;
(10)  Air-driven pipes;
(11)  Chillums;
(12)  Bongs; or
(13)  Ice pipes or chillers.
Sec. 3.  25 MRSA §1542-A, sub-§1, ¶R, as amended by PL 2019, c. 343, Pt. G, 
§5; c. 399, §3; c. 402, §3; and c. 416, §3, is repealed and the following enacted in its place:
R.  Who is required to have a criminal background check under Title 22, section 
8302-A or 8302-B.
Sec. 4.  25 MRSA §1542-A, sub-§1, ¶S, as enacted by PL 2019, c. 399, §4 and c. 
402, §4 and reallocated by c. 343, Pt. G, §4 and c. 416, §2, is repealed and the following 
enacted in its place:
S.  Who is required to have a criminal history record check under Title 22, section 
2425‑A, subsection 3‑A.
Sec. 5.  25 MRSA §1542-A, sub-§1, ¶T, as enacted by PL 2019, c. 399, §4; c. 402, 
§4; and c. 416, §4, is repealed and the following enacted in its place:
T.  Who is required to have a criminal history record check under Title 22, section 
8110.
Sec. 6.  25 MRSA §1542-A, sub-§1, ¶U, as enacted by PL 2019, c. 616, Pt. S, §2, 
is reallocated to 25 MRSA §1542-A, sub-§1, ¶X.
Sec. 7.  25 MRSA §1542-A, sub-§1, ¶V is enacted to read:
V.  Who is employed or may be offered employment by the Office of the State Auditor 
as required under Title 5, section 247.
Sec. 8.  25 MRSA §1542-A, sub-§1, ¶W is enacted to read:
W.  Who is required to have a criminal history record check under Title 19-A, section 
2111.
Sec. 9.  25 MRSA §1542-A, sub-§1, ¶Y is enacted to read:
Y.  Who is required to submit to a criminal history record check pursuant to Title 28-B, 
Part 2.
Sec. 10.  25 MRSA §1542-A, sub-§3, ¶O, as repealed by PL 2019, c. 343, Pt. G, 
§8 and c. 416, §5 and repealed and replaced by c. 399, §5 and c. 402, §5, is repealed and 
the following enacted in its place:
O.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph P at the request of that person and upon payment of the 
expenses by that person as required by Title 32, section 2571‑A.
Sec. 11.  25 MRSA §1542-A, sub-§3, ¶S, as enacted by PL 2019, c. 399, §6; c. 
402, §6; and c. 416, §7, is repealed and the following enacted in its place:
S.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph T at the request of that person or the Department of Health 
and Human Services pursuant to Title 22, section 8110.
Sec. 12.  25 MRSA §1542-A, sub-§3, ¶T, as enacted by PL 2019, c. 616, Pt. S, §3 
and c. 644, §2, is repealed and the following enacted in its place:
T.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph U at the request of that person and upon payment of the 
expenses by the Department of Labor, Bureau of Unemployment Compensation as 
specified under Title 26, section 1085, subsection 3.
Sec. 13.  25 MRSA §1542-A, sub-§3, ¶U is enacted to read:
U.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph V at the request of that person or the Office of the State 
Auditor and upon payment by the Office of the State Auditor of the fee established in 
Title 5, section 247, subsection 3.
Sec. 14.  25 MRSA §1542-A, sub-§3, ¶V is enacted to read:
V.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph W at the request of that person or the Department of Health 
and Human Services pursuant to Title 19-A, section 2111.
Sec. 15.  25 MRSA §1542-A, sub-§3, ¶W is enacted to read:
W.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph X at the request of that person or the Department of 
Administrative and Financial Services, Office of Information Technology, and upon 
payment of the fee as provided under Title 5, section 1986.
Sec. 16.  25 MRSA §1542-A, sub-§3, ¶X is enacted to read:
X.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph Y at the request of that person and upon payment of the 
expenses by that person.
Sec. 17.  25 MRSA §1542-A, sub-§4, as repealed and replaced by PL 2019, c. 343, 
Pt. G, §10; c. 399, §7; c. 402, §7; and c. 416, §8, is repealed and the following enacted in 
its place:
4.  Duty to submit to State Bureau of Identification.  It is the duty of the law 
enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B 
and G to transmit immediately to the State Bureau of Identification the criminal fingerprint 
record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or pursuant to 
subsection 5 may not be submitted to the State Bureau of Identification unless an express 
request is made by the commanding officer of the State Bureau of Identification.  
Fingerprints taken pursuant to subsection 1, paragraph G must be transmitted immediately 
to the State Bureau of Identification to enable the bureau to conduct state and national 
criminal history record checks for the Department of Education. The bureau may not use 
the fingerprints for any purpose other than that provided for under Title 20‑A, section 6103. 
The bureau shall retain the fingerprints, except as provided under Title 20‑A, section 6103, 
subsection 9.  Fingerprints taken pursuant to subsection 1, paragraph I and subsection 3, 
paragraph I must be transmitted immediately to the State Bureau of Identification to enable 
the bureau to conduct state and national criminal history record checks for the court and 
the Department of Public Safety, Gambling Control Board, respectively.  Fingerprints 
taken pursuant to subsection 1, paragraph J or S must be transmitted immediately to the 
State Bureau of Identification to enable the bureau to conduct state and national criminal 
history record checks for the Department of Administrative and Financial Services.  
Fingerprints taken pursuant to subsection 1, paragraph P must be transmitted immediately 
to the State Bureau of Identification to enable the bureau to conduct state and national 
criminal history record checks for the Board of Osteopathic Licensure, established in Title 
32, chapter 36.  Fingerprints taken pursuant to subsection 1, paragraph N must be 
transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal history record checks for the Board of Licensure in 
Medicine, established in Title 32, chapter 48.  Fingerprints taken pursuant to subsection 1, 
paragraph Q must be transmitted immediately to the State Bureau of Identification to enable 
the bureau to conduct state and national criminal history record checks for the State Board 
of Nursing, established in Title 32, chapter 31.  Fingerprints taken pursuant to subsection 
1, paragraph O must be transmitted immediately to the State Bureau of Identification to 
enable the bureau to conduct state and national criminal history record checks under Title 
28-B, section 204.  Fingerprints taken pursuant to subsection 1, paragraph R, T or W must 
be transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal history record checks for the Department of Health and 
Human Services.  Fingerprints taken pursuant to subsection 1, paragraph V must be 
transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal history record checks for the Office of the State Auditor.
Sec. 18.  28-B MRSA, headnote is amended to read:
TITLE 28-B
ADULT USE MARIJUANA AND PSILOCYBIN
Sec. 19.  28-B MRSA Pt. 1 is enacted by adding before chapter 1 the following to 
read:
PART 1
ADULT USE MARIJUANA
Sec. 20.  28-B MRSA Pt. 2 is enacted to read:
PART 2
PSILOCYBIN
CHAPTER 5
MAINE PSILOCYBIN SERVICES ACT
SUBCHAPTER 1
GENERAL PROVISIONS
§2001.  Short title
This chapter may be known and cited as "the Maine Psilocybin Services Act."
§2002.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Administration session.  "Administration session" means a session held at a 
psilocybin service center at which a client purchases, consumes and experiences the effects 
of a psilocybin product under the supervision of a psilocybin service facilitator.
2.  Board.  "Board" means the Maine Psilocybin Advisory Board under section 2142.
3. Business entity.  "Business entity" means a corporation, limited liability company, 
limited partnership or other legal entity that is registered with the office of the Secretary of 
State.
4. Client.  "Client" means an individual who is provided psilocybin services in this 
State.
5. Client information form.  "Client information form" means the form required to be 
completed by a client under subchapter 8.
6. Department.  "Department" means the Department of Health and Human Services.
7. Integration session.  "Integration session" means a meeting between a client and a 
psilocybin service facilitator that may occur after the client completes an administration 
session.
8. Licensee.  "Licensee" means a person holding a current, valid license issued under 
this chapter.
9. Licensee representative.  "Licensee representative" means an owner, director, 
officer, manager, employee, agent or other representative of a licensee to the extent that 
person acts in a representative capacity.
10. Manufacture.  "Manufacture" means the cultivation, harvesting, production, 
preparation, propagation, compounding, conversion or processing of a psilocybin product 
by extraction from substances of natural origin or by means of chemical synthesis, or by a 
combination of extraction and chemical synthesis, and includes any packaging of the 
psilocybin product or labeling of its container.
11. Premises.  "Premises" means all public and private enclosed areas as well as areas 
outside of a building at a location, other than a person's primary residence, that are used for 
activities licensed under this chapter, including manufacturing psilocybin products, 
operating a psilocybin service center or providing psilocybin services to clients, and 
includes but is not limited to offices, kitchens, rest rooms and storerooms.
12. Preparation session.  "Preparation session" means a meeting between a client and 
a psilocybin service facilitator that must occur before the client participates in an 
administration session.
13. Psilocybin.  "Psilocybin" means the naturally occurring compound produced by 
various species of fungi as well as psilocin, the substance into which psilocybin is 
converted in the human body.
14. Psilocybin Control and Regulation Fund. "Psilocybin Control and Regulation 
Fund" means the fund established under subchapter 13.
15. Psilocybin manufacturing facility. "Psilocybin manufacturing facility" means a 
facility licensed under subchapter 4.
16. Psilocybin product.  "Psilocybin product" means psilocybin-producing fungi or 
mixtures or substances containing a detectable amount of psilocybin.  "Psilocybin product" 
does not include psilocybin services.
17. Psilocybin service center.  "Psilocybin service center" means a place where the 
activities licensed under subchapter 5 may be conducted.
18. Psilocybin service center operator. "Psilocybin service center operator" means a 
person or entity that operates a psilocybin service center.
19. Psilocybin service facilitator. "Psilocybin service facilitator" means a person or 
entity licensed in accordance with subchapter 6. 
20. Psilocybin services.  "Psilocybin services" means services provided to a client 
before, during and after the client's consumption of a psilocybin product, including a 
preparation session, administration session and integration session.
21. Testing facility.  "Testing facility" means a facility licensed under subchapter 7.
§2003.  Scope
1. Limitations.  A person may not use, possess or manufacture psilocybin if that person 
is not a licensee, client or other person authorized to use, possess or manufacture psilocybin 
under this chapter.
2. Construction.  This chapter may not be construed to:
A. Require MaineCare or private health insurance coverage to reimburse a person for 
costs associated with the use of psilocybin products;
B. Amend or affect state or federal law pertaining to employment matters;
C. Amend or affect state or federal law pertaining to landlord-tenant matters;
D. Prohibit a recipient or applicant of a federal grant from prohibiting the use, 
possession or manufacture of psilocybin products to the extent necessary to satisfy 
federal requirements for the grant;
E. Prohibit a party to a federal contract or a person applying to be a party to a federal 
contract from prohibiting the use, possession or manufacture of psilocybin products to 
the extent necessary to comply with the terms and conditions of the contract or to 
satisfy federal requirements for the contract;
F. Require a person to violate federal law;
G. Exempt a person from a federal law or allow the person to obstruct the enforcement 
of a federal law; or
H. Otherwise authorize any activity that is not expressly authorized under this chapter.
§2004.  Rulemaking
The department shall adopt all rules necessary to implement, administer and enforce 
this chapter, including but not limited to rules governing the following:
1. Possession limits.  The quantity of psilocybin permitted on premises at one time.  In 
adopting rules pursuant to this subsection, the department shall take into consideration the 
demand for psilocybin services in the State, the number of licensees that operate 
manufacturing facilities and whether the availability of psilocybin products in this State is 
commensurate with the demand for psilocybin services;
2. Age verification.  The manner in which a licensee verifies a person's age for the 
purpose of ensuring that a client is 21 years of age or older;
3. Licensing requirements.  The application process for licensure under this chapter 
and annual renewal of licensure;
4. License fees.  License fees required for applicants applying for licensure in 
accordance with this chapter.  License fees set by the department may not exceed the cost 
of administering this chapter.  Rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A;
5. Medical diagnosis not required.  Requirements for a person to receive psilocybin 
services.  The department may not require a client to be diagnosed with or have any 
particular medical condition in order to receive psilocybin services; and
6. Tracking.  The tracking system and tracking requirements for licensees.
In adopting rules, the department shall consider the recommendations of the board.
Except as otherwise provided in this chapter, rules adopted pursuant to this chapter are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§2005. Tracking system
The department shall develop, implement and administer a system, referred to in this 
section as "the tracking system," for the tracking of psilocybin products.
1. Purposes.  The tracking system must be implemented to prevent diversion of 
psilocybin products to other states, prevent persons from substituting or tampering with 
psilocybin products, ensure an accurate accounting of the manufacture and sale of 
psilocybin products, ensure that laboratory testing results are accurately reported and 
ensure compliance with this Act.
2. Functionality. The tracking system must be capable of tracking, at a minimum, the 
manufacture of psilocybin products, the sale of psilocybin products by a psilocybin service 
center to a client, the sale, transfer and purchase of psilocybin products between licensees 
and premises, the tracking of psilocybin products to be tested, the documenting and 
reporting of test results and the disposing of samples of psilocybin products that have been 
tested.  Rules adopted by the department to implement this subsection may require tracking 
of any other transactions permitted under this chapter. 
3. Coordination with marijuana tracking system.  The department shall enter into 
an agreement with the Department of Administrative and Financial Services under which 
the department may use the tracking system used under section 105 to track the transfer of 
psilocybin products.
§2006. Record keeping and inspection of records and premises; notice
1.  Record keeping; inspection of records.  A licensee shall maintain a complete set 
of all records of the licensee's business transactions, which must be open to inspection and 
examination by the department upon demand and with 72 hours' notice during all business 
hours.  The department may not require the records of a licensee to be maintained on the 
premises of the licensee.
2. Inspection of premises.  The department may at any time make an examination of 
premises for which a license has been issued for the purpose of determining compliance 
with the provisions of this chapter and the rules adopted pursuant to this chapter.
§2007. Purchasing, possessing or consuming a psilocybin product outside licensed 
premises prohibited
A client may purchase, possess or consume a psilocybin product only at a psilocybin 
service center and under the supervision of a psilocybin service facilitator.
§2008. Delivery of psilocybin to persons under 21 years of age prohibited
1. Licensee prohibition. A licensee or licensee representative may not sell or deliver 
a psilocybin product to a person under 21 years of age, unless authorized to do so by the 
department by rule.  Before selling or providing a psilocybin product to a client, the licensee 
must require the person to produce one of the following pieces of identification:
A. A passport;
B. A driver's license;
C. A nondriver identification card issued under Title 29-A, section 1410;
D. A United States military identification card;
E. An identification card issued by one of the federally recognized Indian tribes in this 
State; or
F. Any other identification card issued by a state or territory of the United States that 
bears a photograph of the person, the name of the person, the person's date of birth and 
a physical description of the person.
A licensee or licensee representative is not in violation of this subsection if the licensee or 
licensee representative reasonably relied on an identification provided by a person that did 
not accurately provide that person's age.
A person who violates this subsection commits a civil violation for which a penalty of not 
more than $500 may be adjudged.
2. Persons under 21 years of age entering premises prohibited.  A person under 21 
years of age may not enter or attempt to enter any portion of premises that are posted or 
otherwise identified as being closed to persons under 21 years of age except:
A. When the person is acting under direction of the department or state or local law 
enforcement or a licensee for the purposes of investigating possible violations of this 
section;
B.  When the person has entered the premises after having contacted emergency 
medical services or a law enforcement agency in order to obtain medical assistance for 
another person in need of medical assistance who consumed a psilocybin product and 
the evidence of the person's entering the premises was obtained as a result of the 
person's having contacted emergency medical services or a law enforcement agency; 
C. When the person has entered the premises because the person is in need of medical 
assistance as a result of having consumed a psilocybin product and the evidence of the 
person's entering the premises was obtained as a result of the person's receiving medical 
assistance;
D. In the case of an emergency, as defined by the department by rule; or
E. When otherwise authorized to do so by rules adopted by the department.
The exceptions in paragraphs A and B may not be interpreted to require exclusion in 
another civil or criminal proceeding of any evidence obtained as a result of the person 
seeking medical assistance.
A person who violates this subsection commits a civil violation for which a penalty of not 
more than $500 may be adjudged.
3.  False identification.  A person may not produce a piece of identification under 
subsection 1 that falsely indicates the person's age.
A person who violates this subsection commits a Class E crime. 
§2009. Psilocybin product to visibly intoxicated person prohibited
A person may not sell, give or otherwise make available a psilocybin product to a 
person who is visibly intoxicated.
A person who violates this section commits a Class E crime.
§2010. Psilocybin as a prize prohibited
A person may not give a psilocybin product as a prize, premium or consideration for a 
lottery, contest, game of chance, game of skill or competition of any kind.
A person who violates this section commits a Class E crime. 
§2011. Employment of persons under 21 years of age prohibited
A licensee may not employ a person under 21 years of age.
1. Verification.  The department may verify a person's age in accordance with this 
section.  During an inspection in accordance with this chapter, the department may require 
proof that a person performing work at the premises is 21 years of age or older.  If the 
person does not provide the department with acceptable proof of age upon request, the 
department may require the person to immediately cease any activity and leave the 
premises until the department receives acceptable proof of age.  The department may 
request that the licensee provide proof that the person is 21 years of age or older.  Failure 
of the licensee to respond to the request is prima facie evidence that the licensee has allowed 
the person to perform work at the premises for which a license has been issued, except that 
it is an affirmative defense that the person is only temporarily at the premises to make a 
service, maintenance or repair call or for other purposes and is not an employee of the 
licensee.
A person who violates this section commits a Class E crime. 
§2012. Publication of information related to the use of psilocybin
The department shall publish on a publicly accessible website available medical, 
psychological and scientific studies, research and other information, including but not 
limited to information submitted to the department by the board, relating to the safety and 
efficacy of psilocybin in treating mental health conditions, including but not limited to 
substance use disorder, depression, anxiety disorders and end-of-life psychological 
distress.
§2013. Investigation by a criminal justice agency of unlawful activity
A criminal justice agency may investigate unlawful activity under this chapter and may 
conduct a criminal history record check of a licensee or its employees during an 
investigation of unlawful activity in relation to a licensee.  A law enforcement officer may 
enforce any provision of this chapter and may assist the department in enforcing this 
chapter.
A law enforcement officer who has notice, knowledge or reasonable suspicion of a 
violation of this chapter shall immediately notify the district attorney who has jurisdiction 
over the violation and furnish that district attorney with names and addresses of any 
witnesses to the violation or other information related to the violation.
§2014. Cooperation of other state entities; immunity
All state agencies, including but not limited to the Department of Administrative and 
Financial Services, shall upon request of the department assist and cooperate with the 
department to the extent necessary for the department to carry out its duties under this 
chapter.  The Department of Agriculture, Conservation and Forestry may possess, test and 
dispose of psilocybin products on behalf of the department.
Notwithstanding any provision of law to the contrary, the State, its agencies and 
employees are immune from any liability arising out of the performance or nonperformance 
of any duty or function, or the exercise of any power, under this chapter or any other law 
of this State relating to psilocybin products.
§2015. Possession, seizure and disposal of psilocybin products by state and local 
entities
A state or local entity authorized under the laws of this State to perform a duty or 
function or exercise a power relating to psilocybin may purchase, possess, seize or dispose 
of psilocybin products as necessary to ensure compliance with and enforce this chapter and 
any rules adopted in accordance with this chapter.
§2016. Immunity; refusal to serve; insurance
1.  Reliance immunity.  A licensee or licensee representative may reasonably rely 
upon all statements, declarations and representations made by a client on a client 
information form unless a reasonable person would have reason to believe a statement, 
declaration or representation on the form was incorrect or altered.  A licensee or licensee 
representative who in good faith reasonably relies on statements, declarations and 
representations made by a client on a client information form in accordance with this 
subsection may not be found in violation of this chapter for selling or serving a psilocybin 
product to that person based on those statements, declarations and representations.  Nothing 
in this subsection creates any immunity for a licensee or licensee representative who has 
otherwise violated this chapter or rule adopted pursuant to this chapter.
2.  Refusal to serve.  Nothing in this chapter requires a licensee or licensee 
representative to provide psilocybin services to any person.  Except as provided in this 
section, a licensee or licensee representative may refuse to provide psilocybin services to 
any person or may cease providing such services to a client for any reason or for no reason.  
A licensee or licensee representative may not cease providing psilocybin services during 
an administration session after the client has consumed a psilocybin product except as 
authorized by the department by rule or as necessary in an emergency.
3. Insurance.  The department may by rule require licensees to maintain general 
liability insurance in an amount the department determines is reasonably affordable and 
available for the purpose of protecting licensees against damages resulting from causes of 
action related to activities undertaken pursuant to this chapter.
4.  Discrimination.  A licensee may not discharge, demote, suspend or in any manner 
discriminate or retaliate against an employee of the licensee with regard to promotion, 
compensation or other terms, conditions or privileges of employment on the basis that the 
employee has in good faith reported information to the department about an action or 
inaction of the licensee that the employee reasonably believes is a violation of this chapter 
or any rules adopted pursuant to this chapter. 
§2017.  Enforceability of contracts
A contract involving psilocybin products is not unenforceable on the basis that 
manufacturing, distributing, dispensing, possessing or using psilocybin products is 
prohibited by federal law.
§2018. Department hotline for verification of license
1. Contact.  The department shall maintain a telephone hotline for the following 
persons to inquire if an address is the location of a licensee's premises or is the location of 
premises for which an application for licensure has been submitted under this chapter: 
A. A person designated by a municipality or a county as a contact for purposes of this 
chapter; 
B. A person designated by a state agency as a contact for purposes of this chapter; and 
C. A person designated by a water district as a contact for purposes of this chapter. 
§2019.  Confidentiality
1. Confidential.  The following information obtained by the department under this 
chapter is confidential and may not be disclosed except as provided in subsection 2:
A. Personally identifiable information, as defined by the department by rule, other than 
the name of a direct owner.  For purposes of this paragraph, "direct owner" means an 
individual listed on an application for a license who is an owner of the business 
operating or to be operated under the license.  "Direct owner" does not include a legal 
entity other than an individual and does not include an individual who is a general 
partner, limited partner, member, shareholder or other direct or indirect owner of such 
a legal entity;
B.  The address of premises for which a license has been issued or for which an 
applicant has proposed licensure under this chapter;
C. Information related to the security plan or the operational plan for premises for 
which a license has been issued or for which an applicant has proposed licensure under 
this chapter; and
D. Information related to any record that the department determines by rule to contain 
proprietary information of a licensee.
2. Exceptions.  Information designated as confidential under subsection 1 may be 
disclosed to a law enforcement agency for law enforcement purposes. 
SUBCHAPTER 2
GENERAL LICENSING REQUIREMENTS
§2031. License process; license types
Beginning January 15, 2023, the department, upon receipt of an application from an 
applicant for a license under this chapter, shall, upon determination that all applicable 
requirements for that license are met, issue to the applicant the license.  The department 
may not unreasonably delay processing, approving or denying an application or, if an 
application is approved, unreasonably delay issuing the license.
1. License types.  The following licenses may be issued under this chapter in 
accordance with all applicable requirements of this chapter:
A. A psilocybin service center license;
B. A psilocybin service facilitator license; 
C. A psilocybin manufacturing facility license; or
D. A testing facility license.
Except as otherwise provided in this chapter, the department may not impose any limitation 
on the number of each type of license that it issues to a qualified applicant or on the total 
number of each type of license that it issues to qualified applicants pursuant to this chapter.
§2032. General licensing criteria
An applicant for a license under this chapter shall meet each of the requirements of this 
section.  An applicant shall disclose in or include with its application the name and address 
of the applicant and each natural person and business entity that would have a direct or 
indirect financial interest in the license and the nature and extent of that financial interest 
and, if applicable, the nature and extent of any financial interest the person or entity has in 
any other license applied for or issued under this chapter.
1. Age. The applicant must be at least 21 years of age.  If the applicant is a business 
entity, every officer, director, manager and general partner of the business entity must meet 
this requirement.
2. Resident.  The applicant must be a resident of the State and have been a resident of 
the State for the 2 years preceding the application.  If the applicant is a business entity:
A. Every officer, director, manager and general partner of the business entity must be 
a natural person who is a resident of the State and has been a resident of the State for 
the 2 years preceding the application; and
B. A majority of the shares, membership interests, partnership interests or other equity 
ownership interests as applicable to the business entity must be owned by natural 
persons who are residents of the State or business entities all of whose owners are 
natural persons who are residents of the State and who have been residents of the State 
for the 2 years preceding the application.
This subsection does not apply to an applicant for a testing facility license.
This subsection is repealed January 15, 2025.
3. Incorporated in State.  If the applicant is a business entity, the business entity must 
be incorporated in the State or otherwise formed or organized under the laws of the State.
4. No disqualifying drug offense.  The applicant may not have been previously 
convicted of violating a federal law, state law or local ordinance if the conviction is 
substantially related to the fitness and ability of the applicant to lawfully carry out activities 
under the license, as determined by the department by rule.  If the applicant is a business 
entity, every officer, director, manager and general partner of the business entity must 
satisfy this requirement.  Rules adopted by the department to implement this subsection 
may not determine that a conviction for manufacturing psilocybin or a marijuana product 
or for possessing a controlled substance or marijuana product, if the conviction is 2 or more 
years before the date of the application and the person has not been convicted of such an 
offense more than once, relates to the fitness and ability of the applicant to lawfully carry 
out activities under the license.
5. Criminal history record check.  The applicant must have submitted to a criminal 
history record check in accordance with section 2034.  If the applicant is a business entity, 
every officer, director, manager and general partner of the business entity must satisfy this 
requirement.
6. Compliance.  An applicant who has previously held a license under this chapter 
must have a good record of compliance with this chapter and any rules adopted in 
accordance with this chapter and may not have had a license issued under this chapter 
revoked for any reason. 
7. Land use compatibility.  The applicant must present a land use compatibility 
statement for the proposed licensed activity from the municipality that authorizes land use.  
The statement must demonstrate that the requested licensed activity on land in that 
municipality is allowable as a permitted or conditional use on that land.  A municipality 
that receives a request for a land use compatibility statement under this subsection must act 
on that request within 21 days of receipt of the request if the land use is an allowable use 
or upon final local permit approval if the land use is allowable with a permit and a permit 
is issued.  A municipality is not required to act on a request during any period that the 
department is not issuing licenses for the proposed activity.  A land use compatibility 
statement does not constitute a land use decision for any other purpose under state or local 
law.
8. Financial responsibility.  The applicant must demonstrate financial responsibility 
sufficient to adequately meet the requirements of the license, as established by the 
department by rule. 
9. Applicant's character.  The applicant must be of good repute and moral character, 
as determined by the department by rule.  If the applicant is a business entity, every officer, 
director, manager and general partner of the business entity must satisfy this requirement.
10. Truthfulness.  The applicant may not make any false statements to the department.  
If the applicant is a business entity, every officer, director, manager and general partner of 
the business entity is subject to this requirement.
11. Competency.  The applicant must demonstrate that the applicant is competent and 
physically able to carry on the management of the activities to be licensed.  The applicant 
must be able to understand the laws and rules governing use of the license.
12. Substance use disorder.  The applicant must affirm that the applicant is not in the 
habit of using alcoholic beverages, habit-forming drugs or controlled substances to excess. 
If the applicant is a business entity, every officer, director, manager and general partner of 
the business entity must satisfy this requirement.
13. Health and safety.  The applicant must demonstrate an ability to meet any public 
health and safety standards and industry best practices established by the department by 
rule.
14. Form.  The applicant must disclose the applicant's name, address, location where 
the licensed activities will be conducted and any other information requested by the 
department in the manner required by the department, except that an applicant for a 
psilocybin service facilitator license need not identify a location where the licensed 
activities will be conducted.
15. Payment of fees.  The applicant must pay the fees established by the department 
by rule.  Fees collected pursuant to this subsection must be deposited into the Psilocybin 
Control and Regulation Fund.
§2033. Additional licensing considerations
1. Financial disclosures.  An applicant for a license under this chapter must submit, at 
the request of the department, the name and address of each person that has a financial 
interest in the business that will be operated under the license and the nature and extent of 
that financial interest.
2. Premises.  The department may not issue a license for a psilocybin service center, 
psilocybin manufacturing facility or testing facility that does not have premises with 
defined boundaries in a fixed location.  The department may require the premises to be 
enclosed by a wall, fence or other structure as a condition of issuing or renewing a license 
and may not issue or renew a license for mobile premises.  The department may require the 
premises to be segregated into separate areas for conducting the activities permitted under 
each license as necessary to protect the public health and safety.
3. Limitations on psilocybin service centers.  A psilocybin service center may not be 
located:
A. In any area that is not within the limits of an incorporated municipality;
B. In any area that is zoned exclusively for residential use; or
C.  Within 1,000 feet of a public or private elementary or secondary school, unless:
(1) The department determines that there is a physical or geographic barrier capable 
of preventing children from reaching the premises of the psilocybin service center; 
or
(2) The school had not previously been attended by children and was not attended 
by children at the time the license was issued.
A psilocybin service center must meet any other requirements for the facility established 
by the department by rule.
§2034. Criminal history record check
The department shall request a criminal history record check for each applicant for a 
license or permit under this chapter and may at any time require a person applying for a 
license or permit to submit to a criminal history record check in accordance with this 
section.  If the applicant is a business entity, every officer, director, manager and general 
partner of the business entity and any individual who holds a financial interest in the 
business entity of at least 10% must submit to a criminal history record check in accordance 
with this section.  A criminal history record check conducted pursuant to this section must 
include criminal history record information obtained from the Maine Criminal Justice 
Information System established in Title 16, section 631 and the Federal Bureau of 
Investigation.
1.  Record of public criminal history information required.  Criminal history record 
information obtained from the Maine Criminal Justice Information System pursuant to this 
section must include a record of public criminal history record information as defined in 
Title 16, section 703, subsection 8.
2.  Other state and national criminal history record information required.  
Criminal history record information obtained from the Federal Bureau of Investigation 
pursuant to this section must include other state and national criminal history record 
information.
3.  Fingerprinting.  An individual required to submit to a criminal history record check 
under this section shall submit to having the individual's fingerprints taken.  The State 
Police, upon payment by the individual of the fee required under subsection 4, shall take 
or cause to be taken the individual's fingerprints and shall immediately forward the 
fingerprints to the Department of Public Safety, Bureau of State Police, State Bureau of 
Identification.  The State Bureau of Identification shall conduct the state and national 
criminal history record checks required under this section. Except for the portion of a 
payment, if any, that constitutes the processing fee for a criminal history record check 
charged by the Federal Bureau of Investigation, all money received by the State Police 
under this section must be paid to the Treasurer of State, who shall apply the money to the 
expenses incurred by the Department of Public Safety in the administration of this section.
4.  Fees.  The department shall by rule set the amount of the fee to be paid by an 
individual under subsection 3 for each criminal history record check required to be 
performed under this section.
5.  Availability of criminal history record information.  The subject of a Federal 
Bureau of Investigation criminal history record check may obtain a copy of the criminal 
history record check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33.  The subject of a state criminal history record check 
may inspect and review the criminal history record information pursuant to Title 16, section 
709.
6.  Use of criminal history record information.  State and national criminal history 
record information obtained by the department under this section may be used only for the 
purpose of screening an applicant for a license or permit under this chapter.
7.  Confidentiality.  All criminal history record information obtained by the 
department pursuant to this section is confidential, is for the official use of the department 
only and may not be disseminated outside of the department or disclosed to any other 
person or entity except as provided in subsection 5.
8.  Rules.  The department, after consultation with the Department of Public Safety, 
Bureau of State Police, State Bureau of Identification, shall adopt rules to implement this 
section.
§2035. Application process; issuance of license
1. Forms; payment of fees.  An applicant for a license under this chapter shall file an 
application on a form prepared and furnished by the department for the license sought along 
with the appropriate application fee.
2. Application for multiple licenses. An applicant may apply for and be granted 
multiple licenses of any license type under this chapter, except that a person may not have 
a financial interest in:
A. More than one psilocybin manufacturing facility; or
B. More than 5 psilocybin service centers.
3. Each license separate; locations.  Each license issued by the department to an 
applicant under this chapter is separate and distinct from any other license issued by the 
department to that same applicant under this chapter.
A. Except in the case of a psilocybin service facilitator's license, a person must obtain 
a separate license under this chapter for each geographic location where the licensed 
activities will occur. 
B. A person may hold a psilocybin manufacturing license and a psilocybin service 
center license at the same or different locations.
4. Licensee must maintain possession of premises.  As a condition of licensure, a 
licensee must at all times maintain possession of the licensed premises under the license, 
whether pursuant to a lease, rental agreement or other arrangement for possession of the 
premises or by virtue of ownership of the premises.  If a licensee fails to maintain 
possession of the licensed premises, the licensee shall immediately cease all licensed 
activities and may either apply to the department for relocation of the licensed premises or 
may terminate its license in accordance with this chapter.
§2036. Denial of license
1. Denial for good cause.  The department, for good cause, may deny an application 
for an initial license, a license renewal, a transfer of ownership interests or a relocation of 
licensed premises.  Denial of an application by the department pursuant to this section 
constitutes a final agency action as defined in Title 5, section 8002, subsection 4.
2. Good cause defined.  As used in this section, "good cause" means a finding by the 
department that an applicant or licensee:
A. Has violated any provisions of this chapter or any rules adopted in accordance with 
this chapter; or
B. Has been convicted of a crime or an offense under this chapter, except that the 
department may not consider a conviction for an offense under this chapter if the date 
of the conviction is 2 or more years before the date of the application.
"Good cause" does not include a violation by an applicant or licensee of a federal law 
prohibiting manufacture, use or possession of psilocybin products.
3.  Grounds for suspension or revocation.  The department may suspend or revoke a 
license issued under this chapter for a violation by the licensee, or by an agent or employee 
of the licensee, of the provisions of this chapter, rules adopted pursuant to this chapter or 
the terms, conditions or provisions of the licensee's license or if the department finds:
A. That the licensee or an agent or employee of the licensee has made a false 
representation or statement to the department in order to induce or prevent action by 
the department;
B. That the licensee is insolvent or incompetent or physically unable to carry on the 
licensed activities;
C. That the licensee is in the habit of using alcohol, habit-forming drugs, marijuana, 
psilocybin products or controlled substances to excess;
D. That the licensee or an agent or employee of the licensee has misrepresented to a 
person or the public any psilocybin products sold by the licensee;
E. That the licensee or an agent or employee of the licensee has been convicted of any 
crime or found by a court of competent jurisdiction to have violated any provision of 
this chapter or of a municipal ordinance, if the violation of that ordinance occurred on 
the premises for which the license was issued;
F. That the licensee or an agent or employee of the licensee has diverted psilocybin 
products to an entity that is not operating legally under the laws of this State;
G. That the licensee or an agent or employee of the licensee has purchased or received 
a psilocybin product from an unlicensed source or has sold, stored or transferred a 
psilocybin product in a manner that is not permitted by the licensee's license; or
H. That a person with a financial interest in the business operating or to be operated 
under the license committed or failed to take an act if that act or failure to act would 
constitute grounds for the department to refuse to issue, or to suspend, revoke or refuse 
to renew, the license if the person were the licensee or applicant for the license.
§2037. License term; renewal
A license issued by the department pursuant to this chapter is effective for a period of 
one year from the date of issuance and may be renewed pursuant to this section.
1. Application. A licensee seeking to renew an existing license must file an application 
for renewal with the department, on forms prepared and furnished by the department, not 
less than 30 days prior to the date of expiration of the license.
2. Expired license.  A person whose license has expired shall immediately cease all 
activities authorized under that license and ensure that all psilocybin in the possession of 
the person pursuant to that license is forfeited to the department for destruction in 
accordance with this chapter.
§2038. License properties; transfer; leftover product
A license issued under this chapter is a personal privilege, expires upon the death of 
the licensee except as otherwise expressly provided in this chapter, does not constitute 
property, is not alienable, is not subject to attachment or execution and may not be 
transferred by will, devise or intestate succession.
1. Decedents; insolvent or bankrupt persons.  The department may by rule provide 
for the manner and conditions under which:
A. Psilocybin products left by a deceased, insolvent or bankrupt person or licensee may 
be sold or otherwise disposed of and any security interest in the products foreclosed or 
settled;
B. The business of a deceased, insolvent or bankrupt licensee may be operated for a 
reasonable period following the death, insolvency or bankruptcy; and
C. A person with a security interest in relevant property may continue to operate at 
premises for which a license has been issued under this chapter for a reasonable period 
after default on the indebtedness by the licensee.
SUBCHAPTER 3
PERMIT REQUIREMENTS; PERMIT VIOLATIONS
§2051. Permit required
1. Permit. A person who performs any of the following activities for or on behalf of a 
licensee must have a valid permit issued by the department under this subchapter:
A. Providing psilocybin services;
B. Possessing, manufacturing, securing, selling or tracking of psilocybin products; or
C. Verifying a client's age.
A licensee shall verify that a person has a valid permit before allowing that person to 
perform any of the activities listed in this subsection.  A permit issued under this subsection 
is personal to the individual permittee and does not grant any authority to any person other 
than the named permittee.  
2. Qualifications. The department shall adopt rules establishing the qualifications for 
obtaining a permit under this section, the term of a permit issued, procedures for applying 
for and renewing a permit and reasonable application, issuance and renewal fees for a 
permit.
The qualifications for the permit must include training requirements relating to checking 
client identification, detecting intoxication, handling psilocybin products, manufacturing 
psilocybin products, the requirements of this chapter or rules adopted in accordance with 
this chapter or any other matter the department determines necessary to protect the public 
health and safety. The department may not require an individual to successfully complete 
any training more than once, except as a precondition for lifting a suspension of a permit 
or, after a revocation of a permit, for applying for a new permit. The department or other 
provider of required training may charge a reasonable fee for that training.
3.  Denial, revocation or suspension of permit.  The department, for good cause, may 
deny an application for an initial permit or a permit renewal or in an adjudicatory 
proceeding in accordance with Title 5, chapter 375 may suspend or revoke a permit.  Denial 
of an application by the department pursuant to this section constitutes a final agency action 
as defined in Title 5, section 8002, subsection 4. As used in this section, "good cause" 
means a finding by the department that:
A. A person has violated any provisions of this chapter or any rules adopted in 
accordance with this chapter; or
B. A person has been convicted of a crime or is convicted of an offense under this 
chapter, except that the department may not consider a conviction for an offense under 
this chapter if the date of the conviction is 2 or more years before the date of the 
application or renewal.
"Good cause" does not include the fact that psilocybin products are prohibited by federal 
law.
SUBCHAPTER 4
LICENSING AND OPERATING REQUIREMENTS FOR PSILOCYBIN 
MANUFACTURING FACILITIES
§2061. Manufacturing facility types and additional information required
Subject to the requirements and restrictions of this subchapter and the other applicable 
requirements of this chapter, the department may issue to an applicant a psilocybin 
manufacturing facility license.  The department may by rule establish different types of 
psilocybin manufacturing facility licenses that allow the licensee to engage in different 
types of manufacturing activities.  The department may by rule require information from 
an applicant in addition to what is required under this chapter as a prerequisite to issuing 
psilocybin manufacturing facility licenses.
1. Authorized conduct.  A psilocybin manufacturing facility licensee may engage in 
the following activities in accordance with rules adopted by the department:
A. Deliver psilocybin products to premises for which a license has been issued under 
this chapter; and
B. Receive psilocybin products from another psilocybin manufacturing facility 
licensee.
A psilocybin manufacturing facility licensee is not required to manufacture a psilocybin 
product by means of chemical synthesis.
2. Prohibited conduct.  A psilocybin manufacturing facility licensee may not:
A. Manufacture psilocybin products outdoors;
B. Sell or deliver a psilocybin product to a person under 21 years of age;
C. Employ a person under 21 years of age in manufacturing psilocybin products;
D. Make false representations or statements to the department in order to induce or 
prevent action by the department;
E. Allow licensed premises to be noisy or unsanitary or permit any person on the 
premises to be lewd or disorderly;
F. Supply or sell impure or otherwise deleterious psilocybin products;
G. Misrepresent to a person or to the public any psilocybin products;
H. Use information obtained to verify a person's age for any purpose other than 
verifying a person's age; or
I.  On land designated for exclusive farm use by a municipality:
(1) Conduct licensed activities in a new dwelling in conjunction with growing 
psilocybin-producing fungi;
(2) Conduct licensed activities at a farm stand in conjunction with growing 
psilocybin-producing fungi; or
(3) Conduct any commercial activity other than operating a psilocybin service 
center in conjunction with growing psilocybin-producing fungi.
SUBCHAPTER 5
LICENSING AND OPERATING REQUIREMENTS FOR PSILOCYBIN 
SERVICE CENTERS
§2071. Conduct of psilocybin service center licensees
Subject to the requirements and restrictions of this subchapter and the other applicable 
requirements of this chapter, the department may issue to an applicant a psilocybin service 
center license.
1. Authorized conduct.  A psilocybin service center licensee may engage in the 
following activities in accordance with rules adopted by the department:
A. Deliver psilocybin products to premises for which a license has been issued;
B. Receive psilocybin products from a psilocybin manufacturing facility licensee or 
another psilocybin service center licensee; and
C. Sell psilocybin products to a client on the premises for which the license has been 
issued.
2. Prohibited conduct.  A psilocybin service center licensee may not:
A. Sell or deliver a psilocybin product to a person under 21 years of age;
B. Employ a person under 21 years of age in the psilocybin service center;
C. Make false representations or statements to the department in order to induce or 
prevent action by the department;
D. Allow licensed premises to be noisy or unsanitary or permit any person on the 
premises to be lewd or disorderly;
E. Supply or sell impure or otherwise deleterious psilocybin products;
F. Misrepresent to a person or to the public any psilocybin products; or
G. Use information obtained to verify a person's age for any purpose other than 
verifying a person's age.
SUBCHAPTER 6
LICENSING AND OPERATING REQUIREMENTS FOR PSILOCYBIN 
SERVICE FACILITATORS
§2081. Minimum qualifications
1. Qualifications.  In addition to the other applicable licensing requirements required 
by this chapter, an applicant for a psilocybin service facilitator license must:
A.  Have a high school diploma or equivalent education;
B. Meet any additional education or training requirements established by the 
department by rule, except that the department may not require a degree from an 
institution of higher education;
C. Meet any examination requirements established by the department by rule, except 
that the department may provide for waivers of examination requirements in cases it 
determines appropriate.  The department shall offer any required examination at least 
twice annually.  The department may appoint a person to conduct or supervise 
examinations of applicants.  An applicant may retake any failed section of the 
examination in accordance with rules adopted by the department; and
D. Meet any other training, education, skill or fitness requirements adopted by the 
department by rule, such as:
(1) Facilitation skills that are affirming, nonjudgmental and nondirective; and
(2) Support skills for clients during an administration session, including specialized 
skills relating to client safety and clients who may have mental health conditions, 
ability to establish a proper environment in which psilocybin services occur and 
social and cultural skills.
2.  Training course approval.  The department shall establish a process to approve 
training courses for psilocybin service facilitators.  To obtain approval of a course, the 
person providing the course must submit an outline of instruction to the department and to 
the Department of Education that includes the course topics, total hours of instruction, 
hours of lectures in theory and hours of instruction in application of practical skills.
3. Professional conduct. The department shall establish by rule a code of professional 
conduct, including a code of ethics, for psilocybin service facilitators.  The department 
shall establish standards of practice and professional responsibility for psilocybin service 
facilitators.
4. Authorized conduct; generally.  A psilocybin service facilitator licensee may 
engage in the following activities in accordance with rules adopted by the department:
A. Deliver psilocybin products to premises for which a license has been issued under 
this chapter;
B. Receive psilocybin products from a psilocybin manufacturing facility licensee or 
another psilocybin service center licensee; and
C. Sell psilocybin products to a client on the premises for which the license has been 
issued.
SUBCHAPTER 7
LICENSING AND OPERATING REQUIREMENTS FOR TESTING FACILITIES
§2091. Qualifications
In addition to meeting the licensing requirements under this chapter, an applicant for a 
testing facility license must meet qualifications, including accreditation standards, 
established by the department by rule.
§2092. Testing standards
The department may adopt rules requiring a testing facility licensee to test psilocybin 
products sold or transferred to others by a psilocybin manufacturing facility licensee.  The 
department may not require a psilocybin product to undergo the same test more than once 
unless the product is processed into a different type of psilocybin product or the condition 
of the psilocybin product has fundamentally changed.  In adopting rules under this section, 
the department shall consider the cost of a potential testing procedure and how that cost 
will affect the cost to clients.  The department may not adopt rules that are more restrictive 
than is reasonably necessary to protect the public health and safety.
The department shall adopt rules establishing standards for testing psilocybin products 
and identify appropriate tests for different types of psilocybin products and manufacturing 
processes that are necessary to protect the public health and safety, including but not limited 
to protection from microbiological contaminants, pesticides, other contaminants, solvents 
and excessive psilocybin concentration.
§2093. Conduct of testing facility licensees
1.  Authorized conduct.  A testing facility licensee may engage in the following 
activities in accordance with rules adopted by the department:
A. Deliver psilocybin products to premises for which a license has been issued under 
this chapter; and
B. Receive psilocybin products from a psilocybin manufacturing facility licensee or 
another psilocybin service center licensee.
2. Prohibited conduct.  A testing facility licensee may not:
A. Sell or deliver a psilocybin product to a person under 21 years of age;
B. Employ a person under 21 years of age in the testing facility;
C. Make false representations or statements to the department in order to induce or 
prevent action by the department; 
D. Allow licensed premises to be noisy or unsanitary or permit any person on the 
premises to be lewd or disorderly;
E. Supply or sell impure or otherwise deleterious psilocybin products;
F. Misrepresent to a person or to the public any psilocybin products; or
G. Use information obtained to verify a person's age for any purpose other than 
verifying a person's age.
SUBCHAPTER 8
OPERATING REQUIREMENTS FOR PROVIDING PSILOCYBIN SERVICES
§2101. Psilocybin services
1.  Requirements.  A psilocybin service center and psilocybin service facilitator must 
comply with the requirements of this section.  The department shall adopt rules regarding 
the services provided by psilocybin service centers and the provision of psilocybin services 
to a client by a psilocybin service facilitator.  The rules must:
A. Require a psilocybin service facilitator to hold a preparation session with a client 
before the client participates in an administration session; 
B. Require a psilocybin service facilitator to certify, in a form and manner prescribed 
by the department, that the client completed a preparation session; and
C. Permit a preparation session to be held at a psilocybin service center or another 
location.
2. Client information form.  The department shall adopt rules governing client 
information.  The rules must:
A. Require a client to complete and sign a client information form prescribed by the 
department before a client participates in an administration session.  The form must:
(1) Solicit from the client such information as may necessary to enable a psilocybin 
service center licensee and a psilocybin service facilitator to determine whether the 
client should participate in an administration session, including information that 
may identify risk factors and contraindications, or that will assist the licensees in 
meeting any public health and safety standards and industry best practices during 
the administration session; and
(2) Contain health and safety warnings and disclosures to the client; and
B. Require a psilocybin service facilitator to deliver a copy of the completed and signed 
client information form to the psilocybin service center licensee at which the 
administration session will be held and to the psilocybin service facilitator supervising 
the administration session.
3. Administration session. The department shall adopt rules governing administration 
sessions.  The rules must:
A. Require that a client complete a preparation session and a client information form 
prior to an administration session;
B. Require an administration session to occur at a psilocybin service center;
C. Require a psilocybin service facilitator to certify, in a form and manner prescribed 
by the department, that the client completed an administration session; and
D. Prohibit a psilocybin service facilitator from consuming a psilocybin product during 
an administration session that the psilocybin service facilitator is supervising.
4. Integration session. The department shall adopt rules defining and governing 
integration sessions.  The rules must:
A. Require, upon completion of an administration session, that a psilocybin service 
facilitator offer to the client the opportunity to participate in an integration session;
B.  Allow a client to decline to participate in an integration session;
C.  Allow any integration session to occur at a psilocybin service center or another 
location; and
D. Require a psilocybin service facilitator to certify, in a form and manner prescribed 
by the department, if a client completed an integration session.
5. Confidentiality.  A psilocybin service center and psilocybin service facilitator may 
not disclose any information that may be used to identify a client or any communication 
made by a client during the course of providing psilocybin services or selling psilocybin 
products to the client, except when:
A. The client or a person authorized to act on behalf of the client gives consent to the 
disclosure;
B. The client initiates legal action or makes a complaint against the psilocybin service 
center operator, psilocybin service facilitator or employee of either;
C. The communication reveals the intent to commit a crime harmful to the client or 
others;
D. The communication reveals that a minor may have been the victim of a crime or 
physical, sexual or emotional abuse or neglect;
E. Responding to an inquiry by the department made during the course of an 
investigation into the conduct of the psilocybin service center operator, psilocybin 
service facilitator or employee under this chapter; or
F. The information or communication is required or authorized to be released in 
accordance with Title 36, chapter 727.
SUBCHAPTER 9
LOCAL REGULATION
§2111. Preemption; limited regulation
The provisions of this chapter are intended to operate uniformly in this State and to 
preempt any inconsistent municipal regulation.  A municipality may adopt reasonable 
regulations not inconsistent with this chapter in accordance with subsections 1 and 2.
1. Limited regulation.  In accordance with this subsection, a municipality may adopt 
ordinances that impose reasonable regulations governing activities on premises for which 
a license has been issued under this chapter, except that a municipality may not require a 
license to conduct any activity licensed under this chapter, impose a tax or fee on the 
manufacture or sale of psilocybin products or the sale of psilocybin services or prohibit 
more than one psilocybin service center from being located in the municipality as long as 
the distance between the centers is greater than 1,000 feet.  For purposes of this subsection, 
"reasonable regulations" means the following, to the extent consistent with the provisions 
of this chapter: 
A. Conditions on the manner in which a psilocybin manufacturing facility licensee may 
manufacture psilocybin products;
B. Conditions on the manner in which a psilocybin service center licensee may provide 
psilocybin services;
C. Limitations on the hours during which licensed premises may operate;
D. Requirements related to the public's access to licensed premises; and
E. Limitations on where licensed premises may be located.
Nothing in this section prohibits a municipality from allowing the manufacture of 
psilocybin as a farm use on land zoned for farm or forest use.
2.  Prohibitions.  In accordance with this subsection, the governing body of a 
municipality may prohibit the establishment and operation of a psilocybin manufacturing 
facility, psilocybin service center or both or remove such a prohibition previously 
established under this subsection.  The Maine Land Use Planning Commission may 
prohibit the establishment and operation of a psilocybin manufacturing facility or remove 
such a prohibition previously established under this subsection, within an area subject to 
the jurisdiction of the Maine Land Use Planning Commission.  For purposes of this 
subsection, "governing body" means the governing body of a municipality or the Maine 
Land Use Planning Commission, as applicable.
A. If a governing body adopts a measure prohibiting or removing a prohibition under 
this subsection, that measure must be submitted to the electors of the municipality, or 
within the affected unorganized territory, for approval at the next statewide general 
election.  The measure takes effect only if approved by a majority of the electors voting 
at that election. 
B.  If a governing body adopts a measure establishing a prohibition under this 
subsection and the measure is approved in accordance with paragraph A, the governing 
body must provide the text of the measure to the department.  Upon receiving notice 
of the prohibition, the department shall discontinue licensing any premises to which 
the prohibition applies. 
C. If a governing body adopts a measure removing a prohibition under this subsection 
and the measure is approved in accordance with paragraph A, the department shall 
begin accepting relevant applications for licenses in the affected area no later than the 
first business day of January immediately following the date of the statewide general 
election. 
SUBCHAPTER 10
LABELING AND PACKAGING; SIGNS; ADVERTISING AND MARKETING; 
HEALTH AND SAFETY
§2121. Labeling requirements
The department shall adopt rules necessary to protect the public health and safety that 
establish standards for the labeling of psilocybin products, including but not limited to 
standards that ensure psilocybin products have labeling that communicates health and 
safety warnings, activation time, potency, serving size, the number of servings and content 
and other labeling in accordance with requirements for food products or potable liquid.  In 
adopting rules under this section, the department shall consult with the Department of 
Agriculture, Conservation and Forestry and the Department of Administrative and 
Financial Services.
1.  Labeling standards. The department may establish different labeling standards for 
different varieties and types of psilocybin products.
2.  Preapproval; fee. The department may require a licensee to submit a label intended 
for use on a psilocybin product for preapproval before the licensee may sell or transfer a 
psilocybin product bearing the label and the department may impose a fee for the 
preapproval process.
3.  Cost. The department shall consider the cost of meeting a potential requirement and 
how that cost will affect the cost to the client.
4.  Rules not more restrictive than necessary. The department may not adopt rules 
governing labeling that are more restrictive than reasonably necessary to protect the public 
health and safety.
5.  Imprecise labeling.  The department shall by rule prohibit a licensee from placing 
or allowing the placement of a mark or label on the container of a psilocybin product that 
is kept for sale if the mark or label does not precisely and clearly indicate the nature of the 
container's contents or if the mark or label in any way might deceive a person about the 
nature, composition, quantity, age or quality of the container's contents.
6.  Deceptive labeling; injurious or adulterated ingredients. The department shall 
by rule prohibit a licensee from selling any psilocybin product that, in the department's 
judgment, is deceptively labeled or contains injurious or adulterated ingredients.
§2122. Packaging requirements
As necessary to protect the public health and safety, the department shall adopt rules 
establishing standards for the packaging of psilocybin products, including but not limited 
to ensuring that psilocybin products are not marketed in a manner that is untruthful or 
misleading or otherwise creates a significant risk of harm to public health and safety.  In 
adopting rules under this section, the department shall consult with the Department of 
Agriculture, Conservation and Forestry and the Department of Administrative and 
Financial Services.
1.  Prohibiting advertising. The department may adopt rules prohibiting advertising 
psilocybin products to the public. 
2.  Regulating advertising. The department may adopt rules regulating and prohibiting 
advertising psilocybin services in a manner that is appealing to minors, promotes excessive 
use, promotes illegal activity, violates the code of professional conduct for psilocybin 
service facilitator licensees established by the department or otherwise presents a 
significant risk to public health and safety.  
3.  Packaging standards. The department may establish different packaging standards 
for different varieties and types of psilocybin products.  
4. Labeling standards.  The department may establish different labeling standards for 
different varieties and types of psilocybin packages and may consider the effect on the 
environment of requiring certain packaging.  
5. Preapproval; fee.  The department may require a licensee to submit packaging 
intended for use on a psilocybin product for preapproval before the licensee may sell or 
transfer a psilocybin product packaged in the packaging and the department may impose a 
fee for the preapproval process. 
6. Cost. The department shall consider the cost of meeting a potential requirement and 
how that cost will affect the cost to the client.  
7. Rules not more restrictive than necessary. The department may not adopt rules 
governing labeling that are more restrictive than is reasonably necessary to protect the 
public health and safety.
§2123. Dosage requirements
The department shall adopt rules establishing the maximum concentration of 
psilocybin that is permitted in a single serving of a psilocybin product and the number of 
servings that are permitted in a psilocybin product package.
§2124. Prohibition on sale to protect health and safety 
A person may not sell or offer for sale a psilocybin product unless the psilocybin 
product complies with the minimum standards prescribed by the provisions of this chapter 
and the rules adopted pursuant to this chapter.  The department may prohibit the sale of a 
psilocybin product for a reasonable period of time for the purpose of determining whether 
the psilocybin product complies with the minimum standards prescribed by the provisions 
of this chapter and the rules adopted pursuant to this chapter.
SUBCHAPTER 11
LICENSE VIOLATIONS; PENALTIES
§2131.  General penalty
Except as otherwise specified in this chapter, a violation of this chapter or any rules 
adopted pursuant to this chapter is a Class C crime.
§2132.  Administrative penalties
1. Administrative penalties; generally.  In addition to any other applicable penalty 
under this chapter, the department, on its own initiative or on complaint and after 
investigation, notice and the opportunity for a public hearing, may issue an order imposing 
an administrative penalty in accordance with this section on a licensee or suspend or revoke 
the licensee's license if the department finds that the licensee or an agent or employee of 
the licensee has violated any provision of this chapter, the rules adopted pursuant to this 
chapter or the terms, conditions or provisions of the licensee's license, including but not 
limited to a finding by the department:
A. That the licensee or an agent or employee of the licensee has made a false 
representation or statement to the department in order to induce or prevent action by 
the department; 
B. That the licensee is insolvent or incompetent or physically unable to carry on the 
licensed activities;
C. That the licensee is in the habit of using alcohol, habit-forming drugs, marijuana, 
psilocybin products or controlled substances to excess;
D. That the licensee or an agent or employee of the licensee has misrepresented to a 
person or the public any psilocybin products sold by the licensee;
E. That the licensee or an agent or employee of the licensee has been convicted of any 
crime or found by a court of competent jurisdiction to have violated any provision of 
this chapter or of a municipal ordinance, if the violation of that ordinance occurred on 
the premises for which the license was issued;
F. That the licensee or an agent or employee of the licensee has diverted psilocybin 
products to an entity that is not operating legally under the laws of this State;
G. That the licensee or an agent or employee of the licensee has purchased or received 
a psilocybin product from an unlicensed source or has sold, stored or transferred a 
psilocybin product in a manner that is not permitted by the licensee's license; or
H. That a person with a financial interest in the business operating or to be operated 
under the license committed or failed to commit an act if that act or failure to act would 
constitute grounds for the department to refuse to issue, or to suspend, revoke or refuse 
to renew, the license if the person were the licensee or applicant for the license.
The department may not impose any penalty under this section on the basis of a finding 
that the licensee or an agent or employee of the licensee has violated a provision of federal 
law governing psilocybin products.
2.  Amounts; deposit.  An administrative penalty imposed by the department on a 
licensee pursuant to this subchapter may not exceed $5,000 per license violation.  The 
department shall adopt rules setting forth amounts of administrative penalties to be imposed 
on a licensee based upon specific categories of violations by the licensee.  All 
administrative penalties paid to the department pursuant to this subchapter must be 
deposited into the Psilocybin Control and Regulation Fund.
3.  License suspension.  A licensee whose license has been suspended pursuant to this 
subchapter may not, for the duration of the period of suspension, engage in any activities 
authorized by that license.
4.  License revocation.  A licensee whose license has been revoked pursuant to this 
subchapter shall cease immediately all activities authorized by the license and shall ensure 
that all psilocybin and psilocybin products in the possession of the licensee are forfeited to 
the department for destruction in accordance with this subchapter.
5. Enforcement actions may be cumulative.  In addition to suspending or revoking a 
licensee's license, the department may impose an administrative penalty on the licensee 
consistent with this section.
6.  Additional penalties may be imposed.  Any penalties imposed by the department 
on a licensee pursuant to this subchapter are in addition to any criminal or civil penalties 
that may be imposed pursuant to other applicable laws or rules.
7.  Maine Administrative Procedure Act; appeals.  The imposition of an 
administrative penalty or the suspension or revocation of a licensee by the department is 
governed by the Maine Administrative Procedure Act.  A final order of the department 
imposing an administrative penalty on a licensee or suspending or revoking the licensee's 
license is a final agency action, as defined in Title 5, section 8002, subsection 4, and the 
licensee may appeal that final order to the Superior Court in accordance with Rule 80C of 
the Maine Rules of Civil Procedure.
§2133. Disposition of unauthorized psilocybin or psilocybin products of licensee
1.  Order; destruction of psilocybin or psilocybin products.  If the department issues 
a final order imposing an administrative penalty on or a license suspension or revocation 
against a licensee pursuant to this subchapter, the department may specify in the order, in 
addition to any other penalties imposed in the order, that all or a portion of the psilocybin 
or psilocybin products in the possession of the licensee are subject to destruction. A 
licensee subject to a final order directing the destruction of psilocybin or psilocybin 
products in the possession of the licensee shall forfeit the psilocybin or psilocybin products 
described in the order to the department for destruction.
2.  Investigation.  If the department is notified by a criminal justice agency that there 
is a pending investigation of a licensee subject to an order imposed under subsection 1, the 
department may not destroy any psilocybin or psilocybin products of that licensee until the 
destruction is approved by the criminal justice agency.
3.  Conviction of licensee.  A court, district attorney or municipal authority involved 
in trying or finding a violation of this chapter shall notify the department upon final 
adjudication or conviction of the offense.  
4.  Rules.  The department shall adopt rules governing the imposition of administrative 
penalties, suspensions and revocations under this subchapter, which must include, but are 
not limited to, provisions relating to notice and conduct of hearings consistent with the 
Maine Administrative Procedure Act and provisions relating to the disposition of 
unauthorized psilocybin and psilocybin products of a licensee.
SUBCHAPTER 12
MAINE PSILOCYBIN ADVISORY BOARD
§2141.  Definition
For purposes of this subchapter, "program development period" means the period 
beginning on the effective date of this subchapter and continuing until all rules required 
under this chapter have been initially adopted.
§2142. Establishment; purposes
The Maine Psilocybin Advisory Board, established in Title 5, section 12004-I, 
subsection 47-J, is established within the department for the purposes of advising and 
making recommendations to the department regarding the administration of this chapter in 
a manner that promotes the public health and safety.  Recommendations by the board 
require the approval of a majority of the board's voting members.
§2143. Membership
The board consists of 19 members in accordance with this section.
1. Ex officio nonvoting members.  The following members serve as ex officio 
nonvoting members:
A. The Director of the Maine Center for Disease Control and Prevention within the 
department or the director's designee;
B. The State Health Officer within the Maine Center for Disease Control and 
Prevention within the department or the officer's designee, who must be a physician 
licensed in accordance with Title 32, chapters 36 or 48; and
C. The chair of the Statewide Coordinating Council for Public Health, established in 
Title 5, section 12004-G, subsection 14-G.
2. Ex officio voting member.  The Attorney General or the Attorney General's 
designee serves as an ex officio voting member.
3. Voting members appointed by the Governor.  The Governor shall appoint voting 
members in accordance with this subsection.  The Governor shall appoint:
A. Any 4 of the following individuals:
(1) A state employee who has technical expertise in the field of public health;
(2) A representative from a district coordinating council for public health 
established pursuant to Title 22, section 412, subsection 4;
(3) A representative of one of the federally recognized Indian tribes in the State;
(4) A member of the Substance Use Disorder Services Commission, established in 
Title 5, section 12004-G, subsection 13-C;
(5) A member of the Permanent Commission on the Status of Racial, Indigenous 
and Maine Tribal Populations, established in Title 5, section 12004-I, subsection 
74-J;
(6) A member of the Palliative Care and Quality of Life Interdisciplinary Advisory 
Council, established in Title 5, section 12004-I, subsection 47-I; or
(7) An individual who represents individuals who provide public health services 
directly to the public;
B. A psychologist licensed under Title 32, chapter 56 who has professional experience 
engaging in behavioral health;
C. A physician licensed under Title 32, chapter 48;
D. A naturopathic doctor licensed under Title 32, chapter 113-B;
E. An individual with expertise in the field of public health who has a background in 
academia;
F. Any 3 of the following individuals:
(1) A person with professional expertise conducting scientific research regarding 
the use of psychedelic compounds in clinical therapy;
(2) A person who has experience in the field of mycology;
(3) A person who has experience in the field of ethnobotany;
(4) A person who has experience in the field of psychopharmacology; or
(5) A person who has experience in the field of psilocybin harm reduction;
G. An individual representing the Department of Administrative and Financial Services 
who has expertise working with the system developed and maintained by the 
department for tracking marijuana in accordance with section 105 or Title 22, section 
2430-G, subsection 1, paragraph B; and
H. Three at-large members. 
4. Terms; vacancies. Board members, other than ex officio members, serve 4-year 
terms and are eligible for reappointment.  Before the expiration of the term of a member, 
the Governor shall appoint a successor whose term begins on the next January 1st.  Board 
members serve at the pleasure of the Governor and are not subject to legislative 
confirmation.  If there is a vacancy for cause, the Governor shall make an appointment to 
become immediately effective for the unexpired term.
5. Chair. The board shall elect one of its voting members to serve as chair.  The chair 
serves a one-year term in that office and is eligible for reelection.
6. Meeting frequency.  Until all rules necessary to implement this chapter have been 
adopted, the board shall meet at least once every 2 calendar months at a time and place 
determined by the chair or a majority of the voting members of the board.  Thereafter the 
board shall meet at least 4 times each year at regular intervals at a time and place determined 
by the chair or a majority of the voting members of the board.  The board may meet at other 
times and places by the call of the chair or a majority of the voting members of the board.
7. Quorum. A majority of the board's voting members constitutes a quorum.
8. Establishment of subcommittees. The board may establish subcommittees 
necessary for the operation of the board.
9. Expenses; reimbursement. Board members are entitled to compensation for service 
on the board and for travel and board-related expenses in accordance with Title 5, section 
12004-I, subsection 47-J.
§2144. Powers and duties
1. Powers.  The board may:
A. Adopt rules necessary for the operation of the board.  Rules adopted pursuant to this 
section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A; and
B. Make recommendations to the department related to:
(1) Administration of this chapter;
(2) Available medical, psychological and scientific studies, research and other 
information on the safety and efficacy of psilocybin in treating behavioral health 
conditions, including but not limited to substance use disorder, depression, anxiety 
disorders and end-of-life psychological distress;
(3) Working with clients receiving psilocybin services, including:
(a) The requirements, specifications and guidelines for providing psilocybin 
services to a client, including but not limited to holding and verifying the 
completion of a preparation session, an administration session and an 
integration session;
(b) The information that must be provided to a client before the client 
participates in an administration session, including health and safety warnings 
or other disclosures; 
(c) The information that must be received from a client to determine whether 
the client should participate in an administration session, including information 
that may identify risk factors and contraindications and information related to 
any public health or safety standards or industry best practices during the 
administration session;
(d) Transportation needs of a client after the completion of an administration 
session; or
(e) Client access to common or outside areas on the premises of a psilocybin 
service center;
(4) Public health and safety standards and industry best practices for each type of 
licensee; and
(5) Required qualifications and practices of psilocybin service facilitators, 
including:
(a) Adherence to a code of professional and ethical conduct;
(b) Required education and training, including but not limited to:
(i) Client facilitation skills that are affirming, nonjudgmental and 
nondirective;
(ii) Providing support to clients during an administration session with 
specialized skills for client safety and clients who may have a mental 
health condition;
(iii) On the appropriate environment in which to provide psilocybin 
services;
(iv) Social and cultural considerations;
(v) The form of required training and education; or
(vi) Examinations or other requirements; and
(c) Holding an administration session, including but not limited to:
(i) Individual or group administration sessions; or
(ii) Circumstances under which an administration session is considered 
complete.
2. Duties.  The board shall:
A. Develop and maintain a long-term strategic plan for ensuring that psilocybin 
services will become and remain a safe, accessible and affordable therapeutic option 
for all persons who are 21 years of age or older and for whom psilocybin services may 
be appropriate; 
B. Monitor and study federal laws, regulations and policies regarding psilocybin; and
C. Attempt to meet with the United States Attorney for the District of Maine to discuss 
this chapter and potential federal enforcement policies regarding psilocybin in this 
State after the program development period.
3. Report.  The board shall submit annually a report to the department that contains 
the recommendations to the department described in subsection 1, paragraph B, the board's 
long-term strategic plan described in subsection 2, paragraph A and information and 
updates on federal laws, regulations and policies regarding psilocybin described in 
subsection 2, paragraphs B and C.
SUBCHAPTER 13
PSILOCYBIN CONTROL AND REGULATION FUND
§2151. Psilocybin Control and Regulation Fund
The Psilocybin Control and Regulation Fund, referred 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 license fees and administrative penalties imposed under 
this chapter;
B. All money from any other source, whether public or private, designated for deposit 
into or credited to the fund; and
C. Interest earned or other investment income on balances in the fund.
2. Uses of fund.  Money credited to the fund may be used by the department for the 
purposes of implementing, administering and enforcing this chapter.
SUBCHAPTER 14
FOOD AND COMMODITY REGULATION
§2161.  Regulation as a food additive
Notwithstanding any provision of law to the contrary, the Department of Agriculture, 
Conservation and Forestry may not establish standards for psilocybin products as a food 
additive or consider psilocybin products to be an adulterant under Title 7, section 717, 
unless the concentration of a psilocybin product exceeds acceptable levels established by 
the department by rule under this chapter.
Sec. 21.  36 MRSA c. 727 is enacted to read:
CHAPTER 727
TAXATION OF PSILOCYBIN PRODUCTS
§4961.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Client.  "Client" has the same meaning as in Title 28-B, section 2002, subsection 4.
2. Department.  "Department" means the Department of Health and Human Services.
3. Psilocybin.  "Psilocybin" has the same meaning as in Title 28-B, section 2002, 
subsection 13.
4. Psilocybin Control and Regulation Fund. "Psilocybin Control and Regulation 
Fund" has the same meaning as in Title 28-B, section 2002, subsection 14.
5. Psilocybin product.  "Psilocybin product" has the same meaning as in Title 28-B, 
section 2002, subsection 16.
6. Psilocybin service center.  "Psilocybin service center" has the same meaning as in 
Title 28-B, section 2002, subsection 17.
7. Psilocybin service center operator. "Psilocybin service center operator" has the 
same meaning as in Title 28-B, section 2002, subsection 18.
8. Retail sale. "Retail sale" means any transfer, exchange, gift or barter of a psilocybin 
product by any person to a client. 
9. Retail sales price.  "Retail sales price" means the price paid for a psilocybin product, 
excluding tax, to a psilocybin service center operator by or on behalf of a client. 
§4962.  Imposition of tax on retail sale of psilocybin products
1. Tax imposed.  A tax is imposed upon the retail sale of psilocybin products in this 
State. The tax imposed by this section is a direct tax on the client, for which payment upon 
retail sale is required. The tax must be collected at the point of sale of a psilocybin product 
by a psilocybin service center operator at the time at which the retail sale occurs. 
A. The tax imposed under this section is at the rate of 15% of the retail sales price of 
psilocybin products. 
B. If the tax imposed under this section does not equal an amount calculable to a whole 
cent, the tax is equal to the next higher whole cent.
2.  Stated separately.  Except as otherwise provided by the State Tax Assessor by rule, 
the amount of the tax must be separately stated on an invoice, receipt or other similar 
document that the psilocybin service center operator provides to the client at the time at 
which the retail sale occurs.
3. Prohibitions.  The following prohibitions apply.
A. A person may not knowingly sell, purchase, install, transfer or possess electronic 
devices or software programs for the purposes of hiding or removing records of retail 
sales of psilocybin products or falsifying records of retail sales of psilocybin products. 
B. A psilocybin service center operator may not discount a psilocybin product or offer 
a psilocybin product for free if the retail sale of the psilocybin product is made in 
conjunction with the retail sale of any other item or service. 
4. Review of rate.   The department shall regularly review the rate of tax under this 
section and make recommendations to the Legislature regarding appropriate adjustments 
to the rate to ensure the department has sufficient funds to administer and enforce Title 
28-B, chapter 5 but that the amount of funds, together with fees collected under that chapter, 
do not exceed the costs of administering and enforcing that chapter. 
§4963. Collection of tax; refund; credit; penalties
The tax imposed upon the client under this chapter must be collected at the point of 
sale and remitted by each psilocybin service center operator that engages in the retail sale 
of psilocybin products. The tax is imposed upon the psilocybin service center operator that 
is required to collect the tax, and the psilocybin service center operator is liable for the tax 
as the taxpayer.  For the purpose of compensating psilocybin service center operators for 
expenses incurred in collecting the tax imposed under this chapter, each psilocybin service 
center operator may deduct and retain 2% of the amount of taxes that are collected by the 
psilocybin service center operator from all retail sales of psilocybin products conducted by 
the psilocybin service center operator. 
1.  Filing.  A psilocybin service center operator shall file a return with the State Tax 
Assessor on or before the last day of January, April, July and October of each year for the 
previous calendar quarter.  A psilocybin service center operator shall file each return 
required under this section regardless of whether any tax is owed.  
A.  The psilocybin service center operator shall pay the tax to the State Tax Assessor 
in the form and manner prescribed by the State Tax Assessor, but not later than with 
each quarterly return, without regard to an extension granted under this subsection. 
B.  For good cause, the State Tax Assessor may extend the time for filing a return under 
this section. The extension may be granted at any time if a written request is filed with 
the State Tax Assessor during or prior to the period for which the extension may be 
granted. The State Tax Assessor may not grant an extension of more than 30 days.  
Interest accumulates on late-filed returns at the rate established in section 186. 
C. If a psilocybin service center operator fails to file a return or pay the tax as required 
by this section, the State Tax Assessor may impose penalties or take actions as provided 
in this chapter.  
D. Refunds of any overpayment of tax are governed by section 2011, except as follows:
(1) The State Tax Assessor shall first apply any overpayment of tax by a psilocybin 
service center operator to any tax imposed under this chapter that is owed by the 
psilocybin service center operator;
(2) If after any offset under subparagraph (1) the overpayment of tax remains 
greater than $1,000, the remaining refund must be applied as a credit against the 
next subsequent calendar quarter as an estimated payment; and
(3) The State Tax Assessor may not make a refund of, or credit, any overpayment 
of tax that was credited to the account of a psilocybin service center operator under 
subparagraph (2) if the return for that tax period is not filed within 3 years after the 
due date of that return. 
§4964. Psilocybin revenue estimate
Not later than 30 days before the beginning of each calendar quarter, the department 
shall forecast and prepare an estimate of the revenue that will be received during the 
remainder of the current biennium and subsequent 3 biennia pursuant to the tax imposed 
under this chapter.  The estimate may be made on the basis of all pertinent information 
available to the department. Upon making the estimate, the department shall report the 
estimate to the Office of Fiscal and Program Review and the State Tax Assessor.  The State 
Tax Assessor shall provide the department any information necessary for the department 
to perform its duties under this section. 
§4965. Enforcement; liability; notice of liability; notices of determination and 
assessment
1. Trust.  A person who collects any tax under this chapter shall hold the tax in trust 
for the State and for payment to the State Tax Assessor in accordance with this chapter.
2. Enforcement.  Except as otherwise provided in this section, the State Tax Assessor 
may impose penalties or take actions as provided in chapter 7 against a person who fails to 
pay taxes required under this chapter in accordance with this chapter.
3. Joint liability.  More than one officer or employee of a corporation may be held 
jointly and severally liable for payment of taxes under this chapter.
A. Notwithstanding any provision of law to the contrary, if more than one officer or 
employee of a corporation is jointly and severally liable for payment of taxes, the State 
Tax Assessor may require any or all of the officers or employees who may be held 
liable to appear before the State Tax Assessor for a joint determination of liability. The 
State Tax Assessor shall notify each officer or employee of the time and place set for 
the determination of liability.  Each person notified of a joint determination under this 
subsection shall appear and present such information as is necessary to establish that 
person's liability or nonliability for payment of taxes to the State Tax Assessor.  If a 
person who was notified fails to appear, the State Tax Assessor shall make its 
determination on the basis of all the information and evidence presented. The 
department's determination is binding on all persons notified and required to appear 
under this subsection and is a final agency action that may be appealed for review 
pursuant to Title 5, section 11001.
B. If an appeal is taken from the decision of the State Tax Assessor by any person 
determined to be liable for unpaid taxes under this subsection, each person required to 
appear before the department under this subsection must be impleaded by the plaintiff.  
The State Tax Assessor may implead any officer or employee who may be held jointly 
and severally liable for the payment of taxes.  Each person impleaded under this 
subsection must be made a party to the action and shall make available to all parties in 
the appeal the information that was presented to the State Tax Assessor. The court may 
determine that one or more persons impleaded under this subsection are liable for 
unpaid taxes without regard to any earlier determination by the State Tax Assessor that 
an impleaded person was not liable for unpaid taxes.
C. If a person required to appear before the court on appeal fails or refuses to appear 
or bring required information in part or in whole, or is outside the jurisdiction of the 
court, the court shall make its determination on the basis of all the evidence introduced.  
All evidence presented in the court constitutes a public record and must be available to 
the parties and the court.  The determination of the court is binding on all persons made 
parties to the action under this subsection.
D. This subsection does not preclude a determination by the State Tax Assessor or the 
court on appeal that more than one officer or employee are jointly and severally liable 
for unpaid taxes.
§4966. Duty to keep receipts, invoices and other records
A psilocybin service center operator shall keep receipts, invoices and other pertinent 
records related to retail sales of psilocybin products in accordance with chapter 7 and in the 
form required by the State Tax Assessor.  Each record must be preserved as provided in 
section 135 or for as long as the psilocybin service center operator retains the psilocybin 
products to which the record relates, whichever is later.  During the retention period and at 
any time prior to the destruction of records, the State Tax Assessor may give written notice 
to the psilocybin service center operator not to destroy records described in the notice 
without written permission of the State Tax Assessor. Notwithstanding any provision of 
law to the contrary, the State Tax Assessor shall preserve reports and returns filed with the 
department for at least 5 years.
§4967. Disclosure of information
Notwithstanding any provision of law to the contrary, the State Tax Assessor may 
disclose information received under this chapter to the department as necessary for the 
department to carry out the provisions of Title 28-B, chapter 5.
§4968. Right to appeal determination of tax liability
Except as otherwise provided in this chapter or chapter 7, a final determination of tax 
liability by the State Tax Assessor under this chapter is a final agency action that may be 
appealed for review pursuant to Title 5, section 11001.
§4969. Duty to return excess tax collected
When an amount represented by a psilocybin service center operator at retail to a client 
as constituting the tax imposed under this chapter is computed upon an amount that is not 
taxable or is in excess of the taxable amount and is actually paid by the client to the 
psilocybin service center operator, the excess tax paid must be returned by the psilocybin 
service center operator to the client upon written notification by the State Tax Assessor or 
the client.  The written notification must contain information necessary to determine the 
validity of the client's claim.  If the psilocybin service center operator does not return the 
excess tax within 60 days after the mailing of the written notification, the client may appeal 
to the State Tax Assessor for a refund of the amount of the excess tax, in the manner and 
within the time allowed under rules adopted by the State Tax Assessor.  If excess tax is 
returned to the client by the State Tax Assessor, the assessor may issue a notice of 
deficiency for the excess tax to the psilocybin service center operator. 
§4970. Duties and powers of assessor; rules; interagency cooperation
The State Tax Assessor shall administer and enforce this chapter and may adopt rules 
and procedures necessary for the implementation and enforcement of this chapter.  Except 
as otherwise expressly provided in this chapter, the State Tax Assessor may take any 
actions under chapter 7 necessary to the proper discharge of the State Tax Assessor's duties 
under this chapter.  The department shall enter into an agreement with the State Tax 
Assessor for the purpose of administering and enforcing the provisions of this chapter and 
rules or procedures established by the assessor under this section.
§4971. Administrative account; payment of expenses; crediting balance to Psilocybin 
Control and Regulation Fund
All money received by the State Tax Assessor under this chapter must be deposited in 
a nonlapsing administrative account.  The State Tax Assessor may pay expenses for the 
administration and enforcement of this chapter from the account.  After the payment of 
administrative and enforcement expenses and refunds or credits arising from erroneous 
overpayments, the State Tax Assessor shall transfer on a quarterly basis the balance of the 
funds to the Psilocybin Control and Regulation Fund. 
Sec. 22.  Maine Psilocybin Advisory Board; initial board.  Notwithstanding 
the Maine Revised Statutes, Title 28-B, chapter 5, subchapter 12, the following provisions 
apply to the Maine Psilocybin Advisory Board.
1. Staggered terms for members of the Maine Psilocybin Advisory Board.  Except 
as provided in subsection 2, at the first meeting of the Maine Psilocybin Advisory Board, 
board members shall draw lots to determine members' initial term lengths so that the initial 
terms of 4 members expire after one year, the initial terms of 4 members expire after 2 
years, the initial terms of 4 members expire after 3 years and the initial terms of 4 members 
expire after 4 years.
2.  Initial appointments to the Maine Psilocybin Advisory Board.  The Governor 
shall nominate initial board members to the Maine Psilocybin Advisory Board no later than 
October 15, 2021, and the initial appointment of at-large members must include the 
Legislator who sponsored this legislation, who serves a 4-year term, and 2 other at-large 
members.  At the end of that Legislator's 4-year term on the board, the Governor shall 
appoint another at-large member. 
3.  Initial meeting of the Maine Psilocybin Advisory Board.  The Maine Psilocybin 
Advisory Board shall hold its first meeting no later than November 15, 2021 at a time and 
place specified by the Governor.
4.  Initial reports of the Maine Psilocybin Advisory Board. The Maine Psilocybin 
Advisory Board shall submit no later than April 15, 2022 its findings and recommendations 
to the Department of Health and Human Services regarding available medical, 
psychological and scientific studies, research and other information related to the safety 
and efficacy of psilocybin in treating mental health conditions, including but not limited to 
substance use disorder, depression, anxiety disorders and end-of-life psychological 
distress.  The Maine Psilocybin Advisory Board shall submit no later than April 15, 2023 
its findings and recommendations to the Department of Health and Human Services 
regarding the board's long-term strategic plan described in Title 28-B, section 2144, 
subsection 2, paragraph A, information and updates on federal laws, regulations and 
policies regarding psilocybin as described in Title 28-B, section 2144, subsection 2, 
paragraphs B and C and proposed rules for the implementation of this Act.
Sec. 23.  Rulemaking by the Department of Health and Human Services.  
The Department of Health and Human Services shall adopt rules no later than November 
15, 2023 in order to implement, administer and enforce the Maine Revised Statutes, Title 
28-B, chapter 5.
Sec. 24.  Publicly available information regarding psilocybin.  No later than 
June 15, 2022, the Department of Health and Human Services shall first publish 
information about psilocybin in accordance with the Maine Revised Statutes, Title 28-B, 
section 2012.
Sec. 25.  Conforming amendments.  The Department of Health and Human 
Services, in consultation with the Department of Agriculture, Conservation and Forestry 
and the State Tax Assessor, shall examine laws of this State and develop recommendations 
for any amendments to those laws to conform to this Act and to otherwise make this Act 
as consistent as possible in substance to the laws governing psilocybin in Oregon.  No later 
than December 1, 2021, the department shall submit its recommendations together with 
suggested legislation to the Joint Standing Committee on Health and Human Services.  The 
Joint Standing Committee on Health and Human Services may report out a bill related to 
the recommendations of the department to the Second Regular Session of the 130th 
Legislature.
SUMMARY
This bill enacts the Maine Psilocybin Services Act, which establishes a regulatory 
framework in order to provide psilocybin products to clients in Maine.