An Act To Allow for a Variance Rate in the Amount and Potency of Cannabinoids in Adult Use Edible Marijuana Products
Maine Legislature, Session 130, LD 1846
Committee: Veterans and Legal Affairs
Sponsors: PERRY
Amends: 28-B MRSA §602, 28-B MRSA §701, 28-B MRSA §703

Legislative Document
No. 1846
H.P. 1367
House of Representatives, December 22, 2021
An Act To Allow for a Variance Rate in the Amount and Potency of 
Cannabinoids in Adult Use Edible Marijuana Products
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 20, 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 PERRY of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-B MRSA §602, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
3.  Testing process, protocols and standards.  The department shall establish by rule 
processes, protocols and standards for mandatory and other testing of marijuana and 
marijuana products that conform with the best practices generally used within the 
marijuana industry, including, but not limited to, an allowable variance rate for determining 
the amount or potency of THC or other cannabinoids in edible marijuana products.
Sec. 2.  28-B MRSA §701, sub-§1, ¶F, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
F.  Information on the THC potency of the marijuana or marijuana product and the 
potency of such other cannabinoids or other chemicals in the marijuana or marijuana 
product, including, but not limited to, cannabidiol.  For edible marijuana products, the 
information required pursuant to this paragraph must be consistent with section 703, 
subsection 1, paragraphs F and F-1;
Sec. 3.  28-B MRSA §701, sub-§1, ¶G, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
G.  Information on the amount of THC and cannabidiol per serving of the marijuana or 
marijuana product and, for. For edible marijuana products, the information required 
pursuant to this paragraph must be consistent with section 703, subsection 1, 
paragraphs F and F-1 and contain the number of servings per package;
Sec. 4.  28-B MRSA §703, sub-§1, ¶F, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
F.  May not contain more than 10 milligrams of THC per serving of the product and 
may not contain more than 100 milligrams of THC per package of the product, with an 
allowable variance rate of 10%, except that the allowable variance may not be less than 
0.6 milligrams or greater than 5 milligrams. In the calculation of the amount of THC 
allowed under this paragraph, the allowable variance rate must be in addition to the 
allowable variance rate applicable to a testing facility pursuant to section 602, 
subsection 3;
Sec. 5.  28-B MRSA §703, sub-§1, ¶F-1 is enacted to read:
F-1.  May, except as provided in paragraph F, have the amount or potency of 
cannabinoids calculated using an allowable variance rate of 10%, except that the 
allowable variance may not be less than 0.6 milligrams or greater than 5 milligrams. In 
the calculation of the amount or potency of cannabinoids allowed under this paragraph, 
the allowable variance rate may be in addition to the allowable variance rate applicable 
to a testing facility pursuant to section 602, subsection 3;
SUMMARY
This bill allows for a variance in the amount and potency of tetrahydrocannabinol, or 
THC, and other cannabinoids in edible marijuana products under the Marijuana 
Legalization Act.