An Act To Ensure Legislative Review of Rules for Maine's Medical Use of Marijuana Act
Maine Legislature, Session 130, LD 1784
Committee: Veterans and Legal Affairs
Sponsors: MAXMIN, WILLIAMS, HICKMAN, JACKSON, DILLINGHAM, PLUECKER, TALBOT ROSS
Amends: 22 MRSA §2422-A, 22 MRSA §2424

Legislative Document
No. 1784
S.P. 622
In Senate, December 9, 2021
An Act To Ensure Legislative Review of Rules for Maine's Medical 
Use of Marijuana Act
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 7, 2021.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MAXMIN of Lincoln.
Cosponsored by Representative WILLIAMS of Bar Harbor and
Senators: HICKMAN of Kennebec, President JACKSON of Aroostook, Representatives: 
DILLINGHAM of Oxford, PLUECKER of Warren, TALBOT ROSS of Portland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Public Law 2021, chapter 387 requires the Department of Administrative 
and Financial Services’ office of marijuana policy to adopt major substantive rules relating 
to the Maine Medical Use of Marijuana Act; and
Whereas, any rules adopted by the department will have significant effects on Maine's 
medical marijuana patients and thousands of registered medical marijuana caregivers and 
associated businesses across the State; and
Whereas, this warrants meaningful legislative oversight and approval; and
Whereas, the department has authority to adopt rules prior to the expiration of the 90-
day period; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2422-A, sub-§2, as amended by PL 2021, c. 387, §1, is further 
amended to read:
2.  Rulemaking.  The department, after consultation with the Department of Health 
and Human Services, may adopt rules as necessary to administer and enforce this chapter 
or amend rules previously adopted pursuant to this chapter.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A, 
except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2‑A. Notwithstanding Title 
5, section 8072, subsection 11 or any other provision of law to the contrary, rules 
provisionally adopted by the department in accordance with this subsection and submitted 
for legislative review may not be finally adopted by the department unless legislation 
authorizing final adoption of those rules is enacted into law. Before adopting rules pursuant 
to this subsection, the department shall consult with caregivers, registered caregivers, 
patients and medical providers with significant knowledge and experience certifying 
patients under this chapter.  The department shall develop a process to use when hiring 
consultants to advise on rule changes related to this chapter and shall report any subsequent 
changes to that process to the joint standing committee of the Legislature having 
jurisdiction over medical use of marijuana matters.
Sec. 2.  22 MRSA §2424, sub-§1-A, as amended by PL 2021, c. 387, §6, is further 
amended to read:
1-A.  Rulemaking.  The department may adopt rules to carry out the purposes of this 
chapter in accordance with section 2422-A, subsection 2. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A, 
except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires that, notwithstanding the Maine Revised Statutes, Title 5, section 
8072, subsection 11 or any other provision of law to the contrary, major substantive rules 
that are provisionally adopted by the Department of Administrative and Financial Services, 
office of marijuana policy relating to the Maine Medical Use of Marijuana Act and 
submitted for legislative review may not be finally adopted by the department unless 
legislation authorizing final adoption of those rules is enacted into law.