An Act To Amend the Maine Medical Use of Marijuana Act
Maine Legislature, Session 130, LD 0882
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI
Amends: 22 MRSA §2430-E, 22 MRSA §2430-F, 22 MRSA §2430-H

Legislative Document
No. 882
S.P. 296
In Senate, March 8, 2021
An Act To Amend the Maine Medical Use of Marijuana Act
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2430-E, as enacted by PL 2017, c. 452, §24, is amended to read:
§2430-E.  Possession penalties; fraud penalty; administrative holds
1.  Excess marijuana; forfeiture.  A person who possesses marijuana plants or 
harvested marijuana in excess of the limits provided in this section shall forfeit the excess 
amounts to a law enforcement officer.  The law enforcement officer is authorized to remove 
all excess marijuana plants or harvested marijuana possessed by that person in order to 
catalog the amount of excess marijuana.  Possession of marijuana in excess of the limits 
provided in this section is a violation as follows:
A.  Possession of harvested marijuana by a qualifying patient or a caregiver operating 
under section 2423‑A, subsection 3, paragraph C in an excess amount up to 1 1/4 
ounces commits a civil violation for which a fine of not less than $350 and not more 
than $600 must be adjudged, none of which may be suspended;
B.  Possession of harvested marijuana by a qualifying patient or a caregiver operating 
under section 2423‑A, subsection 3, paragraph C in an excess amount over 1 1/4 ounces 
and up to 2 1/2 ounces commits a civil violation for which a fine of not less than $700 
and not more than $1,000 must be adjudged, none of which may be suspended; and
C.  Possession of harvested marijuana by a qualifying patient or a caregiver operating 
under section 2423‑A, subsection 3, paragraph C in an excess amount over 2 1/2 ounces 
is a violation of Title 17‑A, chapter 45.
2.  Repeat forfeiture.  If a cardholder or registration certificate holder has previously 
forfeited excess marijuana pursuant to subsection 1 and a subsequent forfeiture occurs, the 
department shall revoke the registry identification card of the cardholder and, as applicable, 
the cardholder's registration certificate and the entire amount of marijuana plants or 
harvested marijuana possessed by that cardholder must be forfeited to a law enforcement 
officer.  Nothing in this section may be construed to require a law enforcement officer to 
accept forfeited marijuana plants or harvested marijuana or to require a law enforcement 
officer or the department to bear the costs associated with the destruction or disposal of 
forfeited marijuana plants or harvested marijuana.  The department shall adopt rules to 
implement this subsection.  Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.
3.  Defense for possession of excess marijuana.  Except as provided in section 2426, 
a qualifying patient may assert the medical purpose for using marijuana as a defense to any 
prosecution involving marijuana possession and may present evidence in court that the 
patient's necessary medical use or cultivation circumstances warranted exceeding the 
amount of marijuana allowed under section 2423‑A and was reasonably necessary to ensure 
the uninterrupted availability of marijuana for the purpose of treating or alleviating the 
patient's medical diagnosis or symptoms associated with the patient's medical diagnosis 
that, in a medical provider's professional opinion, may be alleviated by the therapeutic or 
palliative medical use of marijuana.
4.  Calculation of marijuana weight.  The amount of marijuana possessed under this 
chapter must be calculated by the weight of dried harvested marijuana. A calculation of the 
weight of marijuana that is not dried must reduce the weight by at least 75% to account for 
moisture content. A calculation of the weight of marijuana in a marijuana product may not 
include ingredients in the product other than marijuana, except that the weight of marijuana 
concentrate must be included whether the marijuana concentrate is possessed by itself or 
within a marijuana product.
5.  Penalty for fraud.  Fraudulent misrepresentation regarding lawful possession or 
medical use of marijuana and fraudulent procurement under this chapter are governed by 
this subsection.  A person who misrepresents to a law enforcement official any fact or 
circumstance relating to the possession or medical use of marijuana under this chapter to 
avoid arrest or prosecution commits a civil violation for which a fine of $200 must be 
adjudged.
6.  Administrative holds.  In accordance with the provisions of this subsection, the 
department may impose an administrative hold on a registry identification cardholder or 
registration certificate holder or an assistant or other authorized agent of a registry 
identification cardholder or registration certificate holder if, as a result of an inspection or 
investigation by the department or a law enforcement agency, the department determines 
there are reasonable grounds to believe that entity has committed or is committing a 
violation of the provisions of this chapter, the rules adopted pursuant to this chapter or the 
terms, conditions or provisions of a registry identification card or registration certificate 
issued to that entity.
A.  The department shall provide to a registry identification cardholder or registration 
certificate holder subject to an administrative hold, or whose assistant or other 
authorized agent is subject to an administrative hold, notice of the imposition of that 
administrative hold, which must:
(1)  Include a concise statement of the basis for the administrative hold, which may 
include without limitation that the registry identification cardholder or registration 
certificate holder possesses or otherwise controls:
(a)  Marijuana plants or harvested marijuana not appropriately tracked or 
disclosed in accordance with section 2430-G and the rules adopted pursuant to 
that section;
(b)  Harvested marijuana that is altered or not properly packaged or labeled in 
accordance with this chapter and rules adopted pursuant to this chapter;
(c)  Marijuana plants or harvested marijuana that has not been cultivated, 
harvested, manufactured or transferred or is otherwise not in a form in 
compliance with this chapter or rules adopted pursuant to this chapter; or
(d)  Marijuana plants or harvested marijuana that the department has a 
reasonable articulable suspicion may present a threat to public health or safety;
(2)  Detail any marijuana plants or harvested marijuana subject to the 
administrative hold;
(3)  Describe any operational restrictions to be placed on the registry identification 
cardholder or registration certificate holder during the duration of the 
administrative hold; and
(4)  Indicate actions that must be taken by the registry identification cardholder or 
registration certificate holder as a result of the administrative hold.
An administrative hold takes effect at the time that the notice under this paragraph is 
provided by the department to the registry identification cardholder or registration 
certificate holder.
B.  A registry identification cardholder or registration certificate holder or an assistant 
or other authorized agent of a registry identification cardholder or registration 
certificate holder subject to an administrative hold must physically segregate any 
marijuana plants or harvested marijuana subject to the administrative hold, as detailed 
in the notice under paragraph A, from any other marijuana plants or harvested 
marijuana not subject to the administrative hold.  For the duration of the administrative 
hold, the registry identification cardholder or registration certificate holder may not 
sell, give away, transfer, transport, dispose of or destroy any marijuana plants or 
harvested marijuana subject to the administrative hold, but may, as applicable, 
cultivate, harvest, manufacture or otherwise maintain the marijuana plants or harvested 
marijuana subject to the administrative hold unless specifically restricted by the 
department from engaging in such activities pursuant to this subsection.
C.  A registry identification cardholder or registration certificate holder subject to an 
administrative hold shall, for the duration of the administrative hold, maintain any 
premises and otherwise continue to engage in authorized activities in accordance with 
all provisions of this chapter, the rules adopted pursuant to this chapter and the 
provisions of the administrative hold. Except as specifically restricted by the 
department pursuant to a notice under paragraph A, a registry identification cardholder 
or registration certificate holder may, for the duration of the administrative hold and as 
authorized pursuant to this chapter, cultivate, manufacture, test or sell any marijuana 
plants or harvested marijuana not subject to the administrative hold.
D.  The department may terminate an administrative hold at any time following the 
imposition of the administrative hold, except that an administrative hold under this 
subsection may not be imposed for a period exceeding 30 consecutive days from the 
date notice is provided to the registry identification cardholder or registration 
certificate holder or the assistant or other authorized agent of the registry identification 
cardholder or registration certificate holder in accordance with paragraph A.  Notice of 
termination of an administrative hold must be provided by the department to the 
registry identification cardholder or registration certificate holder or the assistant or 
other authorized agent of the registry identification cardholder or registration certificate 
holder.
E.  Subsequent to the termination of an administrative hold under paragraph D, the 
department, in accordance with the applicable provisions of this chapter and the rules 
adopted pursuant to this chapter, may impose a fine on the registry identification 
cardholder or registration certificate holder or the assistant or other authorized agent of 
the registry identification cardholder or registration certificate holder that was subject 
to the administrative hold or suspend or revoke the registry identification card or 
registration certificate of that registry identification cardholder or registration 
certificate holder for a violation of the provisions of this chapter or the rules adopted 
pursuant to this chapter.
For the purposes of this subsection, "registry identification cardholder or registration 
certificate holder" means a registered caregiver, caregiver retail store, dispensary, 
manufacturing facility or person authorized to engage in marijuana extraction using 
inherently hazardous substances.
Sec. 2.  22 MRSA §2430-F, sub-§1, as enacted by PL 2017, c. 452, §24, is amended 
to read:
1.  Department suspension or revocation.  The department may suspend or revoke a 
registry identification card or a registration certificate for violation of this chapter and the 
rules adopted under this chapter.  Revocation in accordance with section 2430-E, 
subsection 2 is considered a final agency action, subject to judicial review under Title 5, 
chapter 375, subchapter 7.  Unless otherwise specified as final agency action, a person who 
has had authorization for conduct under this chapter revoked due to failure to comply with 
this chapter and rules adopted by the department may request an informal hearing.  The 
department shall adopt rules to specify the period of time, which may not exceed one year, 
that the person whose registry identification card or registration certificate was revoked is 
ineligible for reauthorization under this chapter.  Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
The department shall immediately revoke the registry identification card of an officer or 
director or assistant of a dispensary who is found to have violated section 2428, subsection 
9, paragraph B, and that person is disqualified from serving as an officer or director or 
assistant of a dispensary.
Sec. 3.  22 MRSA §2430-H, as enacted by PL 2017, c. 452, §24, is amended to read:
§2430-H.  Fines collected authorized; Maine Administrative Procedure Act applies
In addition to any other administrative action to suspend or revoke a registry 
identification card or registration certificate, the department, on its own initiative or on 
complaint and after investigation, notice and the opportunity for a public hearing, by 
written order may impose a fine on a registered caregiver, caregiver retail store, dispensary, 
manufacturing facility or person authorized to engage in marijuana extraction using 
inherently hazardous substances operating under this chapter or an assistant or other 
authorized agent of a registered caregiver, caregiver retail store, dispensary, manufacturing 
facility or person authorized to engage in marijuana extraction using inherently hazardous 
substances for any violation by that entity or assistant or other authorized agent of that 
entity of the provisions of this chapter, the rules adopted pursuant to this chapter or any 
other terms, conditions or provisions imposed pursuant to the issuance of a registry 
identification card or registration certificate.  Fines collected pursuant to this chapter and 
rules adopted by the department must be credited to the Medical Use of Marijuana Fund 
pursuant to section 2430.
1.  Fines in addition to other penalties.  Any fines imposed by the department 
pursuant to this section are in addition to any criminal or civil penalties that may be imposed 
pursuant to other applicable laws or rules.
2.  Limits.  A fine imposed by the department for a violation of this chapter may not 
exceed $10,000 per violation for a caregiver retail store, dispensary, manufacturing facility 
or person authorized to engage in marijuana extraction using inherently hazardous 
substances. A fine imposed by the department for a violation of this chapter may not exceed 
$2,000 per violation for a registered caregiver or an assistant or other authorized agent of 
a registered caregiver, caregiver retail store, dispensary, manufacturing facility or person 
authorized to engage in marijuana extraction using inherently hazardous substances.
A.  The department shall adopt rules setting fines to be imposed for violations of this 
chapter based upon the following specific categories of unauthorized conduct by a 
caregiver retail store, dispensary, manufacturing facility or person authorized to engage 
in marijuana extraction using inherently hazardous substances:
(1)  Not more than $1,000 per minor registration violation;
(2)  Except as provided in subparagraph (3), not more than $5,000 per major 
registration violation; and
(3)  Not more than $10,000 per major registration violation affecting public safety.
B.  The department shall adopt rules setting fines to be imposed for violations of this 
chapter based upon the following specific categories of unauthorized conduct by a 
registered caregiver or an assistant or other authorized agent of a registered caregiver, 
caregiver retail store, dispensary, manufacturing facility or person authorized to engage 
in marijuana extraction using inherently hazardous substances:
(1)  Not more than $200 per minor registration violation;
(2)  Except as provided in subparagraph (3), not more than $1,000 per major 
registration violation; and
(3)  Not more than $2,000 per major registration violation affecting public safety.
3.  Form of payment.  A fine imposed pursuant to this section must be paid to the 
department in the form of cash or in the form of a certified check or cashier's check payable 
to the department.
4.  Maine Administrative Procedure Act applies.  Except as otherwise provided in 
this chapter or in rules adopted pursuant to this chapter, the imposition of a fine or the 
suspension or revocation of a registry identification card or registration certificate by the 
department, including, but not limited to, the provision of notice and the conduct of 
hearings, is governed by the Maine Administrative Procedure Act.  A final order of the 
department imposing a fine or suspending or revoking a registry identification card or 
registration certificate is a final agency action, as defined in Title 5, section 8002, 
subsection 4, and the registered caregiver, caregiver retail store, dispensary, manufacturing 
facility or person authorized to engage in marijuana extraction using inherently hazardous 
substances may appeal that final order to the Superior Court in accordance with Rule 80C 
of the Maine Rules of Civil Procedure.
5.  Rules.  The department shall adopt rules governing the imposition of fines under 
this section. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill makes the following changes to the Maine Medical Use of Marijuana Act.  It 
authorizes the Department of Administrative and Financial Services to:
1.  Place an administrative hold on marijuana plants and harvested marijuana or impose 
an administrative hold on certain registry identification cardholders and registration 
certificate holders;
2.  Permanently revoke registry identification cards and registration certificates issued 
by the department; and
3.  Assess fines for misconduct by a registered caregiver retail store, dispensary, 
manufacturing facility or person authorized to engage in marijuana extraction using 
inherently hazardous substances up to $10,000.  It authorizes the department to assess fines 
for misconduct by registered caregivers or assistants or other authorized agents of a 
registered caregiver, caregiver retail store, dispensary, manufacturing facility or person 
authorized to engage in marijuana extraction using inherently hazardous substances of up 
to $2,000.