An Act To Promote Equity and Increase Opportunities in the Cannabis Industry by Removing Restrictions Related to Convictions for Drug Offenses and To Replace the Term "Marijuana" with the Term "Cannabis" in the Maine Revised Statutes
Maine Legislature, Session 130, LD 1957
Committee: Veterans and Legal Affairs
Sponsors: TALBOT ROSS, HICKMAN, FAULKINGHAM, HARNETT, PLUECKER, SUPICA, WARREN, WILLIAMS, MAXMIN
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-F, 22 MRSA §2425-A, 22 MRSA §2428, 28-B MRSA §102, 28-B MRSA §202

Legislative Document
No. 1957
H.P. 1457
House of Representatives, February 4, 2022
An Act To Promote Equity and Increase Opportunities in the 
Cannabis Industry by Removing Restrictions Related to Convictions 
for Drug Offenses and To Replace the Term "Marijuana" with the 
Term "Cannabis" in the Maine Revised Statutes
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on February 2, 2022.  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 TALBOT ROSS of Portland.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: FAULKINGHAM of Winter Harbor, HARNETT of Gardiner, PLUECKER 
of Warren, SUPICA of Bangor, WARREN of Hallowell, WILLIAMS of Bar Harbor, Senator: 
MAXMIN of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2422, sub-§4, as amended by PL 2009, c. 631, §10 and affected 
by §51, is repealed.
Sec. 2.  22 MRSA §2423-A, sub-§2, as amended by PL 2021, c. 367, §§1 to 6, is 
further amended to read:
2.  Caregiver.  Except as provided in section 2426, a caregiver, for the purpose of 
assisting a qualifying patient with the patient's medical use of marijuana cannabis, may 
engage in the following authorized conduct if the caregiver is a resident of the State, and is 
years of age or older and has not been convicted of a disqualifying drug offense:
A.  Possess all harvested marijuana cannabis produced by the caregiver's cultivation of 
marijuana cannabis plants under paragraph B;
A-1.  Transfer up to 2 1/2 ounces of harvested marijuana cannabis to a qualifying 
patient in one transaction, except that a caregiver may not dispense more than 2 1/2 
ounces of harvested marijuana cannabis to a visiting qualifying patient during a 15-day 
period;
B.  Cultivate up to 30 mature marijuana cannabis plants or 500 square feet of plant 
canopy, 60 immature marijuana cannabis plants and unlimited seedlings;
C-1.  Assist a qualifying patient with the patient's medical use of marijuana cannabis;
E.  Receive reasonable monetary compensation for costs associated with cultivating 
marijuana cannabis plants or assisting a qualifying patient with that patient's medical 
use of marijuana cannabis;
F.  Be in the presence or vicinity of the medical use of marijuana cannabis and assist 
any patient with the medical use, administration or preparation of marijuana cannabis;
G.  Manufacture marijuana cannabis products and marijuana cannabis concentrate for 
medical use, except that a caregiver may not manufacture food, as defined in section 
2152, subsection 4, unless the caregiver is licensed pursuant to section 2167 and except 
that a caregiver may not produce marijuana cannabis concentrate using inherently 
hazardous substances unless authorized pursuant to section 2423‑F, subsection 3;
I.  Hire any number of assistants who are 21 years of age or older to assist in performing 
the duties of the caregiver;
I-1.  Hire any number of assistants who are 18 years of age or older and under 21 years 
of age if they are also a member of the family of the caregiver to assist in performing 
the duties of the caregiver;
J.  Use a pesticide in the cultivation of marijuana cannabis plants if the pesticide is used 
consistent with federal labeling requirements, is registered with the Department of 
Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 
7, section 607 and is used consistent with best management practices for pest 
management approved by the Commissioner of Agriculture, Conservation and 
Forestry. A registered caregiver may not in the cultivation of marijuana cannabis plants 
use a pesticide unless the registered caregiver or the registered caregiver's assistant is 
certified in the application of the pesticide pursuant to section 1471‑D and any assistant 
who has direct contact with treated plants has completed safety training pursuant to 40 
Code of Federal Regulations, Section 170.130.  An assistant of the registered caregiver 
who is not certified pursuant to section 1471‑D and who is involved in the application 
of the pesticide or handling of the pesticide or equipment must first complete safety 
training described in 40 Code of Federal Regulations, Section 170.230;
K.  Transfer marijuana cannabis plants and harvested marijuana cannabis to a 
qualifying patient, another caregiver or a registered dispensary for no remuneration;
K-1.  Transfer to and accept from another registered caregiver or a dispensary 
marijuana cannabis plants and harvested marijuana cannabis in a wholesale transaction 
in accordance with this paragraph. A registered caregiver may transfer in wholesale 
transactions for reasonable compensation or for no remuneration an unlimited amount 
of the mature marijuana cannabis plants grown by the caregiver over the course of a 
calendar year, including any marijuana cannabis products or marijuana cannabis 
concentrate manufactured from mature marijuana cannabis plants grown by the 
caregiver.  A registered caregiver may transfer to or accept from other registered 
caregivers and dispensaries in wholesale transactions an unlimited amount of immature 
marijuana cannabis plants and seedlings.  A registered caregiver that acquires mature 
marijuana cannabis plants, marijuana cannabis products or marijuana cannabis 
concentrate in a wholesale transaction under this paragraph may not resell the mature 
marijuana cannabis plants, marijuana cannabis products or marijuana cannabis 
concentrate except to a qualifying patient or to another registered caregiver or 
dispensary to assist a qualifying patient;
L.  Provide samples to a marijuana cannabis testing facility for testing and research 
purposes;
M.  Conduct marijuana cannabis testing at the request of anyone authorized to possess 
marijuana cannabis under this chapter for research and development purposes only;
N.  Provide harvested marijuana cannabis to a manufacturing facility and obtain 
marijuana cannabis products and marijuana cannabis concentrate from the 
manufacturing facility that are produced from the harvested marijuana cannabis the 
caregiver provided to the manufacturing facility;
O.  Transport marijuana cannabis plants or harvested marijuana cannabis for authorized 
conduct in accordance with this chapter;
P.  Operate one caregiver retail store to sell harvested marijuana cannabis to qualifying 
patients for the patients' medical use in accordance with this chapter;
Q.  Be organized as any type of legal business entity recognized under the laws of the 
State; and
R.  Accept a digital image of a written certification for the purposes of initiating a 
transaction for harvested marijuana cannabis.  The caregiver must verify the written 
certification in person before transferring any harvested marijuana cannabis to the 
qualifying patient.
Sec. 3.  22 MRSA §2423-A, sub-§4, as amended by PL 2019, c. 501, §12, is further 
amended to read:
4.  Long-term care facility.  A qualifying patient may designate a long-term care 
facility to assist with the qualifying patient's medical use of marijuana cannabis if that use 
is consistent with the facility's policy and is pursuant to subsection 1, paragraph F‑1, 
subparagraph (2).  If a long-term care facility is designated, the facility shall complete the 
registration process with the department and obtain a registration certificate for the facility.  
For a long-term care facility to be issued a registration certificate, staff persons of the 
facility who will be assisting a qualifying patient with the patient's medical use of marijuana 
cannabis in accordance with this chapter must be at least 21 years of age and may not have 
been convicted of a disqualifying drug offense.  The long-term care facility and the staff of 
the facility may not cultivate marijuana cannabis plants for the patient.
Sec. 4.  22 MRSA §2423-F, sub-§8, ¶B, as repealed and replaced by PL 2019, c. 
331, §17, is amended by amending the first blocked paragraph to read:
The department may not issue a registry identification card to an officer or director or 
assistant of a registered manufacturing facility or person authorized to engage in 
marijuana extraction using inherently hazardous substances who has been convicted of 
a disqualifying drug offense. The department shall conduct a criminal history record 
check of each person, officer or director or assistant subject to this subsection on an 
annual basis.
Sec. 5.  22 MRSA §2425-A, sub-§3, as amended by PL 2021, c. 367, §11, is further 
amended by amending the first blocked paragraph to read:
The department shall conduct a criminal history record check for any applicant for a 
registry identification card.  The criminal history record check is valid for one year from 
the date it was conducted, regardless of the person's employment status.  Except as provided 
in subsection 3‑A, the department may not issue a registry identification card to an 
applicant who is not permitted under this chapter to have a disqualifying drug offense.
Sec. 6.  22 MRSA §2425-A, sub-§3-A, as amended by PL 2021, c. 387, §8, is 
further amended to read:
3-A.  Criminal history record check for caregivers administering medical 
marijuana cannabis on school grounds.  The department shall request a criminal history 
record check for a caregiver designated under section 2423‑A, subsection 1, paragraph F‑1, 
subparagraph (4), except for a caregiver who is a parent, a legal guardian or a person having 
legal custody of the qualifying patient. The department may not issue a registry 
identification card to an applicant who is not permitted to have a disqualifying drug offense 
or who would be denied an approval, credential, certification, authorization or renewal 
under Title 20‑A, section 6103 or 13011 based on that criminal history record check.
The criminal history record check requested under this subsection must include criminal 
history record information obtained from the Maine Criminal Justice Information System 
established in Title 16, section 631 and the Federal Bureau of Investigation. The following 
provisions apply.
A.  The criminal history record information obtained from the Maine Criminal Justice 
Information System must include a record of public criminal history record information 
as defined in Title 16, section 703, subsection 8.
B.  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record information.
C.  A person subject to a criminal history record check under this section shall submit 
to having fingerprints taken.  The State Police, upon payment of the fee, shall take or 
cause to be taken the person's fingerprints and shall forward the fingerprints to the State 
Bureau of Identification so that the bureau can conduct state and national criminal 
history record checks.  Except for the portion of the payment, if any, that constitutes 
the processing fee charged by the Federal Bureau of Investigation, all money received 
by the State Police for purposes of this paragraph must be paid over to the Treasurer of 
State.  The money must be applied to the expenses of administration incurred by the 
Department of Public Safety.
D.  The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the criminal history record check by following the procedures outlined 
in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
E.  State and federal criminal history record information may be used by the department 
for the purpose of screening a person in accordance with this chapter.
F.  Information obtained pursuant to this subsection is confidential.  The results of 
criminal history record checks received by the department are for official use only and 
may not be disseminated to any other person.
G.  If a person is no longer subject to this chapter that person may request in writing 
that the State Bureau of Identification remove the person's fingerprints from the 
bureau's fingerprint file.  In response to a written request, the bureau shall remove the 
person's fingerprints from the fingerprint file and provide written confirmation of that 
removal.
The department, with the Department of Public Safety, Bureau of State Police, State Bureau 
of Identification, 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, 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.
Sec. 7.  22 MRSA §2428, sub-§9, ¶D, as amended by PL 2017, c. 452, §16, is 
repealed.
Sec. 8.  28-B MRSA §102, sub-§15, as enacted by PL 2017, c. 409, Pt. A, §6, is 
repealed.
Sec. 9.  28-B MRSA §202, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6, is 
repealed.
Sec. 10. Maine Revised Statutes amended; revision clause. Wherever in the 
Maine Revised Statutes the word "marijuana" appears, it is amended to read "cannabis" 
and the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes.
Sec. 11. Rules, forms, policies and publications. On or after the effective date of 
this section, when adopting or amending rules and developing or publishing forms, policies 
and publications, the Department of Administrative and Financial Services' office of 
marijuana policy and the Department of Health and Human Services shall replace 
references to "marijuana" with references to "cannabis."
SUMMARY
This bill removes prohibitions on participation in the cannabis industry under the 
Maine Medical Use of Marijuana Act and the Marijuana Legalization Act for persons 
convicted of drug offenses. Under this bill, as directed by a revision clause, the term 
"marijuana" will be replaced with the term "cannabis" in the Maine Revised Statutes. The 
bill also provides that when adopting or amending rules and developing or publishing 
forms, policies and publications, the Department of Administrative and Financial Services' 
office of marijuana policy and the Department of Health and Human Services must replace 
references to "marijuana" with references to "cannabis."