An Act To Ensure Appropriate Oversight of Maine's Medical Marijuana Program
Maine Legislature, Session 130, LD 1242
Committee: Veterans and Legal Affairs
Sponsors: WILLIAMS, JACKSON, ANDREWS, DILLINGHAM, TALBOT ROSS, CLAXTON, FARRIN, HICKMAN, MOORE, POULIOT
Amends: 22 MRSA §2422-A, 22 MRSA §2423-A, 22 MRSA §2423-B, 22 MRSA §2423-F, 22 MRSA §2424, 22 MRSA §2425-A, 22 MRSA §2430, 22 MRSA §2430-E, 22 MRSA §2430-F, 22 MRSA §2430-G

Legislative Document
No. 1242
H.P. 908
House of Representatives, March 25, 2021
An Act To Ensure Appropriate Oversight of Maine's Medical 
Marijuana Program
(EMERGENCY)
Received by the Clerk of the House on March 23, 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 WILLIAMS of Bar Harbor.
Cosponsored by President JACKSON of Aroostook and
Representatives: ANDREWS of Paris, DILLINGHAM of Oxford, TALBOT ROSS of 
Portland, Senators: CLAXTON of Androscoggin, FARRIN of Somerset, HICKMAN of 
Kennebec, MOORE of Washington, POULIOT of Kennebec.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Department of Administration and Financial Services, Office of 
Marijuana Policy is currently proposing rules that may go into effect before the expiration 
of the 90-day period; and
Whereas, the proposed rules would significantly damage the well-being and health of 
tens of thousands of citizens of the State by restricting their access to medical marijuana; 
and
Whereas, the proposed rules would do irreparable economic harm to thousands of 
citizens of the State through a dramatic increase in the cost of medical marijuana; and
Whereas, the proposed rules would do irreparable economic harm to thousands of 
medical marijuana caregivers and to their thousands of employees; and
Whereas, the proposed rules would do irreparable harm to the economy of the State 
by destroying businesses owned and domiciled in the State to the benefit of companies that 
are not based in the State and will not reinvest in this State; and
Whereas, the proposed rules would impact the most vulnerable communities in this 
State the hardest, including rural municipalities with aging populations; and
Whereas, the proposed rules make major changes that warrant legislative 
involvement and oversight; 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.  22 MRSA §2422-A, sub-§2, as enacted by PL 2017, c. 409, Pt. E, §3, is 
amended to read:
2.  Rulemaking.  The department, after consultation with the Department of Health 
and Human Services, may adopt rules as necessary to administer and enforce this chapter 
or amend rules previously adopted pursuant to this chapter.  Rules After February 1, 2018, 
rules adopted pursuant to this subsection are routine technical major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A.  Before adopting rules pursuant to this 
subsection, the department shall consult with caregivers, registered caregivers and patients 
and physicians and certified nurse practitioners with significant knowledge and experience 
certifying patients under this chapter.  The department shall develop a process to retain any 
consultant hired to advise on rule changes related to this chapter and shall report on the 
development of this process no later than September 1, 2021 and shall report on any 
subsequent changes to this process to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters.
Sec. 2.  22 MRSA §2423-A, sub-§10, ¶D, as repealed and replaced by PL 2019, c. 
331, §13 and c. 354, §3, is repealed and the following enacted in its place:
D.  The department shall adopt routine technical rules as defined in Title 5, chapter 
375, subchapter 2‑A governing marijuana testing facilities, including but not limited 
to:
(1)  Marijuana testing facility officer or director qualification requirements;
(2)  Required security for marijuana testing facilities; and
(3)  Requirements for the registration, certification or other approval of marijuana 
testing facilities.
The failure of the department to adopt rules under this paragraph does not prevent a 
marijuana testing facility from engaging in activities in compliance with this chapter.  
After February 1, 2018, rules adopted pursuant to this paragraph are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3.  22 MRSA §2423-A, sub-§10, ¶D-1, as enacted by PL 2019, c. 354, §4, is 
amended to read:
D-1.  Upon the adoption of rules pursuant to paragraph D and this paragraph, a 
marijuana testing facility must be certified by the certification program established 
pursuant to section 569 as meeting all operational and technical requirements in 
accordance with rules adopted by the department after consultation with the Maine 
Center for Disease Control and Prevention.  Rules adopted pursuant to this paragraph 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A, except 
that after February 1, 2018 rules adopted pursuant to this paragraph are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A.  A marijuana 
testing facility operating in compliance with this chapter on the date of the adoption of 
rules pursuant to this paragraph and paragraph D may continue to operate pending 
completion of certification under this paragraph.  The failure of the department to adopt 
rules under this paragraph does not prevent a marijuana testing facility from engaging 
in activities in compliance with this chapter.
Sec. 4.  22 MRSA §2423-B, sub-§2-A, ¶D, as enacted by PL 2017, c. 452, §5, is 
amended by amending the last blocked paragraph to read:
The department shall adopt routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A to implement the reimbursement request under this paragraph, except 
that after February 1, 2018 rules adopted pursuant to this paragraph are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5.  22 MRSA §2423-F, sub-§10, as repealed and replaced by PL 2019, c. 331, 
§17, is amended to read:
10.  Rulemaking.  The department shall adopt routine technical rules as defined in 
Title 5, chapter 375, subchapter 2‑A governing manufacturing facilities, including but not 
limited to:
A.  Requirements for the registration of a manufacturing facility and an officer or 
director or assistant of a registered manufacturing facility;
B.  Requirements for engaging in marijuana extraction using inherently hazardous 
substances;
C.  Manufacturing facility officer or director qualification requirements;
D.  Required security for manufacturing facilities;
E.  Requirements of a disposal plan for harvested marijuana used in the manufacturing 
process; and
F.  Minimum record-keeping requirements, including an annual audit requirement.
The failure of the department to adopt rules under this subsection does not prevent a person 
authorized pursuant to subsection 3, paragraph A from engaging in conduct authorized 
under this section.  After February 1, 2018, rules adopted pursuant to this subsection are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 6.  22 MRSA §2424, sub-§1-A, as enacted by PL 2017, c. 452, §10, is amended 
to read:
1-A.  Rulemaking.  The department may adopt rules to carry out the purposes of this 
chapter.  Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A, except that after February 1, 2018 rules adopted 
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 7.  22 MRSA §2424, sub-§4, as amended by PL 2019, c. 217, §4, is further 
amended to read:
4.  Enforcement and compliance.  The On or before February 1, 2018, the department 
shall adopt routine technical rules and after February 1, 2018, the department shall adopt 
major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A regarding 
enforcement and compliance of authorized conduct under this chapter, including rules 
governing:
A.  Minimum oversight requirements for dispensaries and registered caregivers and the 
one permitted additional location at which a dispensary cultivates marijuana plants for 
medical use by qualifying patients; and
B.  Minimum security requirements for registered caregivers operating caregiver retail 
stores pursuant to section 2423‑A, subsection 2, paragraph P and registered 
dispensaries and any additional location at which a dispensary cultivates marijuana 
plants for medical use by qualifying patients.
Sec. 8.  22 MRSA §2425-A, sub-§3-A, as amended by PL 2019, c. 331, §19, is 
further amended by amending the last blocked paragraph to read:
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 after February 1, 2018 rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 9.  22 MRSA §2425-A, sub-§10, as enacted by PL 2017, c. 452, §12, is 
amended to read:
10.  Fees.  The department shall adopt rules to establish fees in accordance with this 
subsection.  The fees must be credited to the Medical Use of Marijuana Fund pursuant to 
section 2430.  Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A, except that after February 1, 2018 rules 
adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 
375, subchapter 2-A.
A.  There is no annual registration fee for a qualifying patient or visiting qualifying 
patient or a caregiver who is not required to register pursuant to section 2423‑A, 
subsection 3, paragraph C. There is no annual registration fee for a caregiver who does 
not cultivate marijuana plants for a qualifying patient.
B.  There is an annual registration fee for a caregiver who cultivates marijuana plants 
on behalf of a qualifying patient pursuant to section 2423‑A, subsection 2, paragraph 
B.  The fee may not be less than $50 or more than $240 for each group of up to 6 mature 
marijuana plants cultivated by the caregiver.  The caregiver shall notify the department 
of the number of marijuana plants the caregiver cultivates.
C.  There is an annual registration fee for a dispensary, which may not be less than 
$5,000 or more than $12,000.  There is a fee to change the location of a registered 
dispensary or the location at which a registered dispensary cultivates marijuana plants, 
which may not be less than $3,000 or more than $4,000.
D.  There is an annual registration fee for a tier 1 manufacturing facility, which may 
not be less than $50 or more than $150.
E.  There is an annual registration fee for a tier 2 manufacturing facility, which may 
not be less than $150 or more than $250.
F.  There is an annual registration fee to engage in marijuana extraction under section 
2423‑F, subsection 3, which may not be less than $250 or more than $350.
G.  There is an annual registration fee for a marijuana testing facility, which may not 
be less than $250 or more than $1,000, except that there is no fee if the testing facility 
is licensed in accordance with Title 28‑B, chapter 1.
H.  There is an annual registration fee for an officer or director or assistant of a 
registered caregiver or registered dispensary, which may not be less than $20 or more 
than $50.
I.  There is a fee to replace a registry identification card that has been lost, stolen or 
destroyed or a card that contains information that is no longer accurate, which may not 
be less than $10 or more than $20.  Replacement of a registry identification card does 
not extend the expiration date.
J.  There is an annual fee for a criminal history record check for a caregiver or an officer 
or director or assistant of a registered dispensary, marijuana testing facility or 
manufacturing facility, which may not be less than $31 or more than $60.  The fee must 
be paid by the caregiver or by the registered dispensary, marijuana testing facility or 
manufacturing facility for an officer or director or assistant of the registered dispensary, 
marijuana testing facility or manufacturing facility.
Sec. 10.  22 MRSA §2425-A, sub-§13, ¶A, as enacted by PL 2017, c. 452, §12, is 
amended to read:
A.  A registered caregiver or a dispensary shall submit annually a report of the number 
of qualifying patients and visiting qualifying patients assisted by the caregiver or 
dispensary.  A report may not directly or indirectly disclose patient identity. The 
department shall adopt rules to implement this paragraph.  Rules adopted pursuant to 
this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A, except that after February 1, 2018 rules adopted pursuant to this paragraph are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 11.  22 MRSA §2430, sub-§5, as amended by PL 2019, c. 331, §31, is further 
amended to read:
5.  Medical marijuana research grant program established.  The medical marijuana 
research grant program, referred to in this subsection as "the program," is established within 
the department to provide grant money to support objective scientific research, including 
observational and clinical trials and existing research, on the efficacy of harvested 
marijuana as part of medical treatment and the health effects of harvested marijuana used 
as part of medical treatment.  The program must be funded from the fund.  The department 
shall adopt rules necessary to implement the program, including, but not limited to, 
required qualifications of persons conducting the research; determining the scientific merit 
and objectivity of a research proposal; criteria for determining the amount of program funds 
distributed; criteria for determining the duration of the research; procedures for soliciting 
research participants, including outreach to patients, and for obtaining the informed consent 
of participants; and reporting requirements for the results of the research and evaluation of 
the research results.  Rules adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A, except that after February 1, 2018 rules 
adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 12.  22 MRSA §2430-E, sub-§2, as enacted by PL 2017, c. 452, §24, is 
amended to read:
2.  Repeat forfeiture.  If a cardholder 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 the entire amount of marijuana plants 
or harvested marijuana possessed by that cardholder must be forfeited to a law enforcement 
officer.  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, except that after February 1, 2018 rules adopted pursuant to this subsection 
are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 13.  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 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 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, except that after February 1, 2018 rules adopted pursuant to this 
subsection are major substantive 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. 14.  22 MRSA §2430-G, sub-§1, ¶A, as enacted by PL 2017, c. 452, §24, is 
amended to read:
A.  A registered caregiver, a registered dispensary, a marijuana testing facility and a 
manufacturing facility shall:
(1)  Keep a record of all transfers of marijuana plants and harvested marijuana;
(2)  Keep the books and records maintained by the registered caregiver, registered 
dispensary, marijuana testing facility or manufacturing facility for a period of 7 
years; and
(3)  Complete an annual audit of business transactions of the registered caregiver, 
registered dispensary, marijuana testing facility or manufacturing facility by an 
independent 3rd party; and
(4)  Make the books and records maintained under this subsection available to 
inspection by the department upon the department's demand.
Records kept under this paragraph must avoid identifying qualifying patients.
Sec. 15.  22 MRSA §2430-G, sub-§1, ¶B, as amended by PL 2019, c. 331, §32, is 
repealed.
Sec. 16.  Rules governing the medical use of marijuana.  The rules governing 
the medical use of marijuana are those rules that were last amended February 1, 2018.  
Before adopting or amending rules governing the medical use of marijuana, the Department 
of Administrative and Financial Services shall establish a process to include caregivers, 
registered caregivers and patients, as these terms are defined in the Maine Medical Use of 
Marijuana Act, and physicians and certified nurse practitioners, as these terms are defined 
in the Maine Medical Use of Marijuana Act, with significant knowledge and experience 
certifying patients under the Maine Medical Use of Marijuana Act, in the development of 
these rules or amendments and shall consult with caregivers, registered caregivers, patients, 
physicians and certified nurse practitioners.
Sec. 17.  Retroactivity. This Act applies retroactively to February 1, 2018.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill makes the following changes to the laws governing the medical use of 
marijuana.
1.  It changes the designation of rules governing the medical use of marijuana from 
routine technical to major substantive.
2.  It provides that the Department of Administrative and Financial Services rules 
governing the medical use of marijuana are those that were last amended February 1, 2018.  
Before adopting or amending rules governing the medical use of marijuana, the department 
must establish a process to include caregivers, registered caregivers and patients and 
physicians and certified nurse practitioners with significant knowledge and experience 
certifying patients under the laws governing the medical use of marijuana in the 
development of these rules or amendments and must consult with caregivers, registered 
caregivers, patients, physicians and certified nurse practitioners.
3.  It requires the department to develop a process to retain any consultant hired to 
advise on rule changes related to the laws governing the medical use of marijuana and 
report on the development of this process no later than September 1, 2021 and shall report 
on any subsequent changes to this process to the joint standing committee of the Legislature 
having jurisdiction over health and human services matters.
4.  It eliminates the requirement that a registered caregiver, a registered dispensary, a 
marijuana testing facility and a manufacturing facility complete an annual audit conducted 
by a 3rd party of business transactions.
5.  It eliminates the requirement that the department develop and implement a statewide 
electronic portal through which registered caregivers, registered dispensaries, marijuana 
testing facilities and manufacturing facilities may submit certain records to the department.