An Act to Eliminate Unconstitutional Restrictions on Access to Cannabis by Removing Certain Restrictions on Medical Use and Personal Use and to Recognize Cannabis and Hemp as Food Protected as a Right Under the Constitution of Maine
Maine Legislature, Session 131, LD 1686
Committee: Veterans and Legal Affairs
Sponsors: BRAKEY, BOYER, SUPICA
Amends: 7 MRSA §2232, 22 MRSA §2423-A, 22 MRSA §2430-I, 28-B MRSA §114, 28-B MRSA §1501, 28-B MRSA §1502

Legislative Document
No. 1686
S.P. 673
In Senate, April 18, 2023
An Act to Eliminate Unconstitutional Restrictions on Access to 
Cannabis by Removing Certain Restrictions on Medical Use and 
Personal Use and to Recognize Cannabis and Hemp as Food 
Protected as a Right Under the Constitution of Maine
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.
Cosponsored by Representative BOYER of Poland and
Representative: SUPICA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §2232 is enacted to read:
§2232.  Hemp as food
Hemp is a food protected as a right under the Constitution of Maine, Article I, Section 
25.
Sec. 2.  22 MRSA §2423-A, sub-§1, ¶A, as amended by PL 2017, c. 452, §4 and 
PL 2021, c. 669, §5, is further amended to read:
A.  Possess up to 8 pounds of harvested cannabis, including, but not limited to, 
harvested cannabis produced by cannabis plants at the qualifying patient's residence;
Sec. 3.  22 MRSA §2423-A, sub-§1, ¶B, as amended by PL 2021, c. 662, §9 and 
c. 669, §5, is further amended to read:
B.  Cultivate, or designate a caregiver operating under subsection 3, paragraph C to 
cultivate under paragraph F‑1, subparagraph (1), up to a total of 6 mature cannabis 
plants, 12 immature cannabis plants and unlimited and seedlings for that qualifying 
patient.  The total number of mature cannabis plants per qualifying patient, whether 
cultivated by the patient or by a caregiver operating under subsection 3, paragraph C, 
may not exceed 6.  The total number of immature cannabis plants per qualifying 
patient, whether cultivated by the patient or by a caregiver operating under subsection 
3, paragraph C, may not exceed 12.  Two or more qualifying patients who are members 
of the same household and cultivating their own cannabis plants may share not more 
than 2 cultivation areas;
Sec. 4.  22 MRSA §2430-I is enacted to read:
§2430-I.  Cannabis as food
The leaves, stems, flowers and seeds of a cannabis plant are food protected as a right 
under the Constitution of Maine, Article I, Section 25.
Sec. 5.  28-B MRSA §114 is enacted to read:
§114.  Cannabis as food
Cannabis is food protected as a right under the Constitution of Maine, Article I, Section 
25.
Sec. 6.  28-B MRSA §1501, sub-§1, ¶D, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read:
D.  Transfer or furnish, without remuneration, to a person 21 years of age or older up 
to 6 immature cannabis plants or seedlings;
Sec. 7.  28-B MRSA §1501, sub-§1, ¶E, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read:
E.  Subject to the requirements and restrictions of section 1502, possess, cultivate or 
transport at any one time up to 3 mature cannabis plants, 12 immature cannabis plants 
and an unlimited number of seedlings and possess all the cannabis produced by such 
plants and seedlings at the person's place of residence or at the location where the 
cannabis was cultivated;
Sec. 8.  28-B MRSA §1501, sub-§1, ¶G, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read:
G.  Subject to the limitations imposed under paragraph E, purchase up to 12 immature 
cannabis plants or seedlings from a nursery cultivation facility as described in section 
301, subsection 5 or from a cannabis store.
Sec. 9.  28-B MRSA §1502, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is further amended to read:
1.  Cultivation of up to 3 mature cannabis plants per person for personal adult use 
authorized.  Subject to the applicable requirements and restrictions of subsections 2, 3 and 
4, a person 21 years of age or older may cultivate up to 3 mature cannabis plants, up to 12 
immature cannabis plants and an unlimited number of and seedlings for personal adult use:
A.  On a parcel or tract of land on which the person is domiciled;
B.  On a parcel or tract of land owned by the person on which the person is not 
domiciled; or
C.  On a parcel or tract of land not owned by the person and on which the person is not 
domiciled so long as the owner of the parcel or tract of land by written agreement 
permits the cultivation and care of the cannabis plants on the parcel or tract of land by 
that person.
A person may cultivate the cannabis plants and seedlings authorized under this subsection 
at multiple locations so long as such cultivation activities otherwise meet all requirements 
and restrictions of this section.
Sec. 10.  28-B MRSA §1502, sub-§2, ¶B, as enacted by PL 2017, c. 409, Pt. A, 
§6, is amended to read:
B.  Take reasonable precautions to prevent unauthorized access by a person under 21 
years of age; and
Sec. 11.  28-B MRSA §1502, sub-§2, ¶C, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is repealed.
SUMMARY
This bill clarifies that hemp in the Maine Revised Statutes, Title 7, cannabis in Title 
28-B and the leaves, stems, flowers and seeds of a cannabis plant in Title 22, chapter 558-C 
are food protected as a right under the Constitution of Maine, Article I, Section 25. The bill 
removes the limitation on the amount of cannabis a qualifying patient may possess, 
cultivate or harvest for that patient's medical use of cannabis under Title 22, chapter 558-C. 
It removes limitations in Title 28-B, chapter 3 on the amount of:
1.  Cannabis plants or seedlings a person may transfer or furnish, without renumeration, 
to another person;
2.  Cannabis plants and seedlings a person may possess, cultivate or transport;
3.  Cannabis produced by cannabis plants and seedlings permitted at a person's place 
of residence or at the location where the cannabis was cultivated;
4.  Cannabis plants or seedlings a person may purchase from a nursery cultivation 
facility or cannabis store; and 
5.  Cannabis plants that a person may cultivate.
The bill also removes the tag requirement for cannabis plants under Title 28-B, chapter 
3.