An Act To Improve Testing Requirements for Adult Use Marijuana
Maine Legislature, Session 130, LD 1985
Committee Amendment CA_A_H909 (House)
Amends: 28-B MRSA §601, 28-B MRSA §602, 28-B MRSA §605

COMMITTEE AMENDMENT "A "to H.P. 1471, L.D. 1985, "An Act To Improve 
Testing Requirements for Adult Use Marijuana" 
Amend the bill in the emergency preamble by striking out the 4th and 5th paragraphs 
after the title (page 1, lines 8 to 12 in L.D.). 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 28-B MRSA §601, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to 
read: 
§601. Testing program established 
The depa1tment shall establish a testing program for adult use marijuana and adult use 
marijuana products. Except as otherwise provided in this subchapter, the program must 
require a licensee, prior to selling or distributing adult use marijuana or an adult use 
marijuana product to a consumer or to aaother lieeasee, to submit the marijuana or 
marijuana product to a testing facility for testing to ensure that the marijuana or marijuana 
product does not exceed the maximum level of allowable contamination for any 
contaminant that is injurious to health and for which testing is required and to ensure correct 
labeling. The department shall adopt rules establishing a testing program pursuant to this 
section, rules identifying the types of contaminants that are injurious to health for which 
marijuana and marijuana products must be tested under this subchapter and rules regarding 
the maximum level of allowable contamination for each contaminant. Rules adopted 
pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 2. 28-B MRSA §602, first ,r, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
A licensee may not sell or distribute adult use marijuana or an adult use marijuana 
product to a consumer or to aflother lieensee under this chapter unless the marijuana or 
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marijuana product has been tested pursuant to this subchapter and the rules adopted 
COMMITTEE AMENDMENT 
ti 
Of 
COMMITTEE AMENDMENT "A" to H.P. 1471, L.D. 1985 
pursuant to this subchapter and that mandatory testing has demonstrated that the marijuana 
or marijuana product does not exceed the maximum level of allowable contamination for 
any contaminant that is injurious to health and for which testing is required. 
Sec. 3. 28-B MRSA §605, first 1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
Notwithstanding section 602, a licensee may sell or furnish to a consumer or to another 
lieensee adult use marijuana or an adult use marijuana product that the licensee has not 
submitted for testing in accordance with this subchapter and rules adopted pursuant to this 
subchapter if: 
Sec. 4. 28-B MRSA §605, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
4. No subsequent processing, manufacturing or alteration. Since the performance 
of the prior testing under subsection 1, the marijuana or marijuana product has not 
undergone any further processing, manufacturing or alteration, other than the paekagiRg 
and labeling of the marijaana or marijaana prodaet for sale that would result in an increase 
in the concentration of any contaminants or factors identified in section 602, subsection 1 
or in any rules adopted by the department pursuant to that section.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment does the following. 
1. It changes the emergency preamble. 
2. It allows adult use marijuana and adult use marijuana products to be transferred 
between licensees without requiring mandatory testing. 
3. It keeps the requirement in current law that requires mandatory testing before adult 
use marijuana or adult use marijuana products may be sold or transferred to a consumer. 
4. It requires additional testing of previously tested adult use marijuana or adult use 
marijuana products prior to sale or transfer to a consumer only if the marijuana or marijuana 
product has undergone further processing, manufacturing or alteration since the previous 
testing that would result in an increase in the concentration of any contaminants or factors 
that are required to be assessed as part of the testing. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/25/22 _;t;p'ac: 
LD 1985 
LR2579(02) 
An Act To Improve Testing Requirements for Adult Use Marijuana 
Fiscal Note for Bill as Amended by Committee Amendment ~' ( H-JD 1) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Office of Marijuana Policy within the Department of Administrative and Financial 
Services due to changes to testing requirements for adult use marijuana products are anticipated to be minor and can 
be absorbed within existing budgeted resources. 
LR2579(02) - Fiscal Note - Page 1 of 1