An Act to Clarify State Policy Regarding the Use of Cannabis Paraphernalia in the Maine Medical Use of Cannabis Act
Maine Legislature, Session 131, LD 0083
Committee: Veterans and Legal Affairs
Sponsors: HICKMAN, TALBOT ROSS, JACKSON
Amends: 22 MRSA §1551, 22 MRSA §2422, 22 MRSA §2423-A

Legislative Document
No. 83
S.P. 50
In Senate, January 4, 2023
An Act to Clarify State Policy Regarding the Use of Cannabis 
Paraphernalia in the Maine Medical Use of Cannabis Act
(EMERGENCY)
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Speaker TALBOT ROSS of Portland and
Senator: President JACKSON of Aroostook.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, on October 7, 2022 the Department of Administrative and Financial 
Services, Office of Cannabis Policy issued guidance stating that a medical use of cannabis 
registrant or adult use cannabis licensee must obtain a retail tobacco license in order to sell 
or give away certain products including electronic smoking devices, rolling papers, 
prerolled cannabis cigarettes, pipes or liquids used in electronic smoking devices, whether 
or not they contain nicotine; and
Whereas, according to the October 7, 2022 guidance, the penalty for selling these 
products without a retail tobacco license may include criminal charges, imprisonment and 
fines in excess of $1,000 per violation; and
Whereas, enforcement of Maine's tobacco law is ongoing; and
Whereas, the Maine Medical Use of Cannabis Act authorizes a person to provide 
products such as those listed in the October 7, 2022 guidance to a qualifying patient or 
caregiver for purposes of the qualifying patient’s medical use of cannabis; and
Whereas, the Cannabis Legalization Act authorizes a cannabis store to sell cannabis 
paraphernalia pursuant to its license; and
Whereas, Maine’s tax laws under the Maine Revised Statutes, Title 36, chapter 704 
specifically exclude any product that contains cannabis or cannabis products from the 
definition of tobacco products; 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 §1551, sub-§3, as repealed and replaced by PL 2017, c. 308, §3, 
is amended to read:
3.  Tobacco product.  "Tobacco product" means any product that is made from or 
derived from tobacco, or that contains nicotine, that is intended for human consumption or 
is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or 
ingested by any other means, including, but not limited to, a cigarette, a cigar, a hookah, 
pipe tobacco, chewing tobacco, snuff or snus.  "Tobacco product" also means an electronic 
smoking device and any component or accessory used in the consumption of a tobacco 
product, such as filters, rolling papers, pipes and liquids used in electronic smoking devices, 
whether or not they contain nicotine.  "Tobacco product" does not include drugs, devices 
or combination products authorized for sale by the United States Food and Drug 
Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.  
"Tobacco product" does not include cannabis paraphernalia as defined in section 2422, 
subsection 17.
Sec. 2.  22 MRSA §2422, sub-§17 is enacted to read:
17.  Cannabis paraphernalia.  "Cannabis paraphernalia" means equipment, products, 
devices and materials that are used in planting, propagating, cultivating, growing, 
harvesting, processing, preparing, testing, analyzing, packaging, repackaging, storing or 
containing cannabis for medical use, including by ingesting, inhaling or otherwise 
introducing cannabis into the human body for medical use.
Sec. 3.  22 MRSA §2423-A, sub-§2, ¶P, as amended by PL 2021, c. 662, §12 and 
c. 669, §5, is further amended to read:
P.  Operate one caregiver retail store to sell harvested cannabis to qualifying patients 
for the patients' medical use in accordance with this chapter; and
Sec. 4.  22 MRSA §2423-A, sub-§2, ¶Q, as amended by PL 2021, c. 662, §13, is 
further amended to read:
Q.  Be organized as any type of legal business entity recognized under the laws of the 
State.; and
Sec. 5.  22 MRSA §2423-A, sub-§2, ¶S is enacted to read:
S.  Sell, offer to sell or furnish cannabis paraphernalia to a qualifying patient for the 
patient's medical use of cannabis.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill defines the term "cannabis paraphernalia" for purposes of the Maine Medical 
Use of Cannabis Act.  It clarifies that cannabis paraphernalia is not a tobacco product under 
the laws governing the retail sale of tobacco.  It permits a caregiver to sell or provide 
cannabis paraphernalia to a qualifying patient for the patient's medical use of cannabis.