An Act To Improve Testing Requirements for Adult Use Marijuana (AFTER DEADLINE)
Maine Legislature, Session 130, LD 1985
Committee: Veterans and Legal Affairs
Sponsors: CAIAZZO
Amends: 28-B MRSA §605

Legislative Document
No. 1985
H.P. 1471
House of Representatives, February 16, 2022
An Act To Improve Testing Requirements for Adult Use Marijuana
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CAIAZZO of Scarborough.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, redundant testing has led to a bottleneck in the testing process that increases 
financial costs to marijuana licensees and delays and compromises marijuana products 
being sold to consumers; and
Whereas, prompt action by the Legislature to eliminate the need for redundant testing 
is necessary for the functioning of the adult use marijuana program; and
Whereas, the Department of Administrative and Financial Services, office of 
marijuana policy has submitted for legislative review provisionally adopted rules related to 
the adult use marijuana program; and
Whereas, timely consideration and enactment of this legislation ahead of legislative 
review of the provisionally adopted rules will avoid conflicts and rule changes; 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.  28-B MRSA §605, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
3.  Tracking maintained.  Tracking from immature marijuana plant to the point of 
retail sale has been maintained for the marijuana or marijuana product and transfers of the 
marijuana or marijuana product to another licensee or to a consumer can be easily 
identified; and
Sec. 2.  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 packaging 
and labeling of the marijuana or marijuana product for sale.; and
Sec. 3.  28-B MRSA §605, sub-§5 is enacted to read:
5.  No increase in contaminants or factors.  The marijuana or marijuana product has 
previously undergone mandatory testing at the direction of another licensee and the 
marijuana or marijuana product has not undergone any further processing, manufacturing 
or alteration that would result in an increase in the concentration of any contaminants or 
factors identified in section 602, subsection 1 and in any rules adopted by the department 
pursuant to that section.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill provides an exemption to the required testing of adult use marijuana or a 
marijuana product if the marijuana or marijuana product has already undergone mandatory 
testing at the direction of another licensee and the marijuana or marijuana product has not 
undergone any further processing, manufacturing or alteration that would result in an 
increase in the concentration of any contaminants for which testing is required.