An Act To Amend the Law Regarding the Advertising and Marketing of Adult Use Marijuana
Maine Legislature, Session 130, LD 1452
Committee: Veterans and Legal Affairs
Sponsors: MADIGAN
Amends: 28-B MRSA §702

Legislative Document
No. 1452
H.P. 1068
House of Representatives, April 12, 2021
An Act To Amend the Law Regarding the Advertising and 
Marketing of Adult Use Marijuana
Received by the Clerk of the House on April 8, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MADIGAN of Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-B MRSA §702, sub-§1, ¶B, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
B.  May not involve advertising or marketing that has a high likelihood of reaching that 
contains either subject matter, an illustration or depiction of a toy, comic animal, 
popular cultural icon or cartoon character inducing persons under 21 years of age to 
smoke or ingest marijuana; that depicts any person in the act of smoking or ingesting 
marijuana; or that is specifically designed to appeal particularly to persons under 21 
years of age.  Rules adopted pursuant to subsection 2 to implement this paragraph may 
not otherwise interfere with a licensee's right to advertise the licensee's logo or brand 
or name of the licensee's business;
Sec. 2.  28-B MRSA §702, sub-§1, ¶C, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
C.  May not be placed or otherwise used within 1,000 feet of the property line of a 
preexisting public or private school, except that, if a municipality by ordinance or other 
regulation, or, in the case of a town, plantation or township located in the unorganized 
and deorganized areas, the Maine Land Use Planning Commission, chooses to prohibit 
the placement or use of signs or advertising by or on behalf of a marijuana 
establishment at distances greater than or less than 1,000 feet but not less than 500 feet 
from the property line of a preexisting public or private school, that greater or lesser 
distance applies.  As used in this paragraph, "school" has the same meaning as in 
section 402, subsection 2, paragraph A; and
Sec. 3.  28-B MRSA §702, sub-§1, ¶D, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
D.  May not violate any other requirement or restriction on signs, advertising and 
marketing imposed by the department by rule pursuant to subsection 2.; and
Sec. 4.  28-B MRSA §702, sub-§1, ¶E is enacted to read:
E.  May not be regulated by the department to unreasonably interfere with a licensee's 
rights under the First Amendment of the United States Constitution.
Sec. 5.  28-B MRSA §702, sub-§1-A is enacted to read:
1-A.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Advertising" means the publicizing of a trade name of a licensee combined with a 
word or symbol referring to adult use marijuana or adult use marijuana product or 
publicizing the brand name of adult use marijuana or adult use marijuana product for 
the express purpose of knowingly seeking or offering to sell, buy or distribute adult use 
marijuana or adult use marijuana product.
Sec. 6.  28-B MRSA §702, sub-§3 is enacted to read:
3.  Certificate of approval.  A licensee shall obtain a certificate of approval from the 
department for any advertising under this section.  The department may not deny a 
certificate of approval unless the department determines that the advertising was intended 
to appeal particularly to persons under 21 years of age, through an administrative review 
of data identifying the proposed target audience of the advertising or behavioral data of 
potential customers, compiled by the licensee, indicating that the content, design, 
dissemination or publication of the advertising is not knowingly intended to or designed to 
solicit persons under 21 years of age.  The standard of review by the department is a 
preponderance of the evidence and, in the case of denial, the department shall provide the 
licensee with a written finding of facts to support the denial.  A denial of a certificate of 
approval is subject to appeal under Title 5, section 11001 or appeal to Superior Court under 
subsection 4.
Sec. 7.  28-B MRSA §702, sub-§4 is enacted to read:
4.  Denial of certificate of approval or notice of department of a violation.  A 
licensee who receives a denial of a certificate of approval under subsection 3 or a notice of 
the department that an advertisement is in violation of this section, the licensee may appeal 
the denial or violation to Superior Court.  If a licensee appeals a violation by the department 
that an advertisement of the licensee is in violation of this section, the department may not 
suspend or revoke the licensee's license or take any action to interfere with or prevent the 
operation of the licensee's business while the appeal is pending.  If the court upholds the 
order of the department, the licensee has 15 days from the date of the decision to remedy 
the violation without any sanction, fine or penalty.
SUMMARY
This bill amends the laws regarding the advertising and marketing of adult use 
marijuana or marijuana product by requiring marijuana establishment licensees to seek a 
certificate of approval for any advertisement of the licensees.  The Department of 
Administrative and Financial Services is required to determine by a preponderance of the 
evidence that the advertising is intended for the appropriate audience and not to appeal to 
persons under 21 years of age.  If a licensee is denied a certificate of approval, the licensee 
may appeal the decision administratively or to Superior Court.  If the department issues a 
notice to a licensee that an advertisement of the licensee is in violation of the laws and rules 
regarding adult use marijuana or marijuana product advertising, the licensee may appeal 
that decision to Superior Court and be allowed to operate without interference or license 
suspension while the appeal is pending.  If the court upholds the order of the department, 
the licensee has 15 days from the date of the decision to remedy the violation without any 
sanction, fine or penalty.  This bill also clarifies that advertising regulation may not 
unreasonably interfere with a licensee's rights under the First Amendment of the United 
States Constitution.