An Act to Amend the Cannabis Laws
Maine Legislature, Session 131, LD 0040
Committee Amendment CA_A_S709 (Senate)
Amends: 3 MRSA §959, 22 MRSA §2421-A, 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-F, 22 MRSA §2425-A, 22 MRSA §2428, 22 MRSA §2429-B, 22 MRSA §2429-C, 22 MRSA §2430-D, 22 MRSA §2430-G, 22 MRSA §2430, 28-B MRSA §102, 28-B MRSA §102-A, 28-B MRSA §104, 28-B MRSA §104-A, 28-B MRSA §104-B, 28-B MRSA §104-C, 28-B MRSA §105, 28-B MRSA §106, 28-B MRSA §107, 28-B MRSA §108, 28-B MRSA §109, 28-B MRSA §111, 28-B MRSA §113, 28-B MRSA §201, 28-B MRSA §202, 28-B MRSA §203, 28-B MRSA §204, 28-B MRSA §205, 28-B MRSA §206, 28-B MRSA §207, 28-B MRSA §208, 28-B MRSA §209, 28-B MRSA §210, 28-B MRSA §211, 28-B MRSA §212, 28-B MRSA §213, 28-B MRSA §214, 28-B MRSA §215, 28-B MRSA §301, 28-B MRSA §302, 28-B MRSA §303, 28-B MRSA §304, 28-B MRSA §402, 28-B MRSA §403, 28-B MRSA §405, 28-B MRSA §501, 28-B MRSA §502, 28-B MRSA §503, 28-B MRSA §503-A, 28-B MRSA §504, 28-B MRSA §504-A, 28-B MRSA §505, 28-B MRSA §506, 28-B MRSA §507, 28-B MRSA §508, 28-B MRSA §510, 28-B MRSA §511, 28-B MRSA §512, 28-B MRSA §513, 28-B MRSA §601, 28-B MRSA §602, 28-B MRSA §603, 28-B MRSA §604-A, 28-B MRSA §605, 28-B MRSA §606, 28-B MRSA §701, 28-B MRSA §702, 28-B MRSA §703, 28-B MRSA §704, 28-B MRSA §801, 28-B MRSA §802, 28-B MRSA §802-A, 28-B MRSA §803, 28-B MRSA §803-A, 28-B MRSA §804, 28-B MRSA §1101, 28-B MRSA §1102, 28-B MRSA §1505, 22 MRSA §2142, 22 MRSA §2152, 22 MRSA §2158-B, 22 MRSA §3763, 36 MRSA §172, 36 MRSA §1752, 36 MRSA §4921, 36 MRSA §4923, 36 MRSA §5122, 36 MRSA §5200-A

COMMITTEE AMENDMENT " f\ " to S.P. 32, L.D. 40, "An Act to Amend the 
Cannabis Laws" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Protect Liberty and Advance Justice in the Administration and 
Enforcement of the Cannabis Legalization Act and the Maine Medical Use of 
Cannabis Act' 
Amend the bill by inserting after the title and before the enacting clause the following: 
'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 definitions in the Maine Medical Use of Cannabis Act need to be 
clarified and alphabetized as the first step in reorganizing and recodifying the Maine 
Medical Use of Cannabis Act in order to make the medical use of cannabis program more 
just, understandable and accessible to the regulated community, the regulators, Legislators, 
other interested parties and the general public, as reported by the 2023 Joint Standing 
Committee on Veterans and Legal Affairs Subcommittee to Consider Non-substantive 
Changes to the Maine Medical Use of Cannabis Act; and 
Whereas, the Cannabis Legalization Act requires substantive changes to address 
statutory reforms that allow licensees to operate more efficiently; 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,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'PART A 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 ( $- 70~ 
Sec. A-1. 3 MRSA §959, sub-§1, 1J, as amended by PL 2021, c. 617, §1, is further 
amended to read: 
J. The joint standing committee of the Legislature having jurisdiction over veterans 
and legal affairs shall use the following list as a guideline for scheduling reviews: 
(2) State Liquor and Lottery Commission in 2023; 
(3) 
the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations with regard to the enforcement of the 
law relating to the manufacture, importation, storage, transportation and sale of all 
liquor and the laws relating to licensing and the collection of taxes on malt liquor 
and wine in 2023; aed 
( 4) Department of Defense, Veterans and Emergency Management in 2027, except 
for the Maine Emergency Management Agency within the department,: and 
(5) Department of Administrative and Financial Services, Office of Cannabis 
Policy with regard to the administration and enforcement of the laws relating to the 
Cannabis Legalization Act and the Maine Medical Use of Cannabis Act in 2031. 
Sec. A-2. 3 MRSA §959, sub-§1, 1S, as enacted by PL 2021, c. 617, §1 and 
amended by c. 669, §5, is repealed. 
Sec. A-3. 22 MRSA §2421-A is enacted to read: 
§2421-A. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Assistant. 
11Assistant
means an individual who is paid to perform a service for a 
registrant, whether as an employee or independent contractor, in accordance with this 
chapter. 
2. Cannabis concentrate. 
"Cannabis concentrate" means the resin extracted from 
any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or 
preparation from such resin, including, but not limited to, hashish. "Cannabis concentrate
does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 
1-A, paragraph D. 
3. Cannabis extraction. 
11Cannabis extraction" means the process of extracting 
cannabis concentrate from harvested cannabis using water, lipids, gases, solvents or other 
chemicals or chemical processes. "Cannabis extraction" does not include the process of 
extracting concentrate from hemp as defined in Title 7, section 2231, subsection 1-A, 
paragraph D. 
4. 
Cannabis Legalization Act. 
"Cannabis Legalization Act" means the laws 
governing adult use of cannabis under Title 28-B, chapter 1. 
5. Cannabis paraphernalia. "Cannabis paraphernalia" means equipment, products, 
8 
devices and materials that are used for planting, propagating, cultivating, harvesting, 
processing, preparing, testing, packaging or storing cannabis for medical use or used for 
ingesting, inhaling or otherwise consuming cannabis for medical use. 
11Cannabis 
paraphernalia" includes, but is not limited to: 
COMMITTEE AMENDMENT 
\', 
COMMITTEE AMENDMENT" A" to S.P. 32, L.D. 40 ( ~, 7tR) 
A. Kits used for planting, propagating, cultivating or harvesting a cannabis plant: 
B. Isomerization devices used for adjusting the potency of a cannabis plant: 
C. Testing equipment used for identifying or analyzing the potency, effectiveness or 
purity of a cannabis plant or harvested cannabis: 
D. Scales and balances used for weighing or measuring harvested cannabis: 
E. Separation gins and sifters used for removing twigs and seeds from, or in otherwise 
cleaning or refining, harvested cannabis: 
F. Envelopes and other containers used for packaging small quantities of harvested 
cannabis for medical use; 
G. Containers and other objects used for storing harvested cannabis; 
H. Rolling papers, cigarette papers or wraps used for rolling harvested cannabis for 
smoking: 
I. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without 
screens, chillums or punctured metal bowls used for smoking harvested cannabis; and 
J. Electronic smoking devices used for simulating the smoking of harvested cannabis 
or cannabis products through the inhalation of vapor or aerosol from the device. 
6. Cannabis plant. "Cannabis plant" means a plant of the genus Cannabis sativa L. 
"Cannabis plant" does not include hemp as defined in Title 7, section 2231, subsection 1-A, 
paragraph D. 
7. Cannabis product. "Cannabis product" means a product composed of harvested 
cannabis and other ingredients that is intended for medical use. "Cannabis product" 
includes, but is not limited to, an edible cannabis product, a cannabis ointment and a 
cannabis tincture. "Cannabis product" does not include cannabis concentrate or a product 
containing hemp as defined in Title 7, section 2231. subsection 1-A, paragraph D. 
8. Cannabis testing facility. "Cannabis testing facility" means a public or private 
laboratory that is: 
A. 
Authorized in accordance with section 2423-A, subsection 10 to analyze 
contaminants in and the potency and cannabinoid profile of samples; and 
B. Accredited pursuant to standard ISO/IEC 17025 of the International Organization 
for Standardization by a 3rd-party accrediting body or is certified, registered or 
accredited by an organization approved by the office. 
9. Cannabis tincture. "Cannabis tincture" means a solution that is intended to be 
consumed orally and is prepared from harvested cannabis blended with an edible solvent. 
10. 
Cardholder. 
"Cardholder" means an individual who has been issued and 
possesses a valid registry identification card. 
11. Caregiver. "Caregiver" means an individual who provides care for a qualifying 
patient in accordance with this chapter. 
12. Caregiver retail store. "Caregiver retail store" means a store authorized in 
accordance with this chapter and used by a registered caregiver to sell cannabis 
COMMITTEE_AMENDMENT 
-
ids 
COMMITTEE ~NDMENT "A "to S.P. 32, L.D. 40 { S-70 '1) 
paraphernalia, cannabis plants, harvested cannabis, related supplies or educational 
materials to qualifying patients and other items to the general public at a fixed location. 
13. Certified nurse practitioner. "Certified nurse practitioner" means a registered 
professional nurse licensed under Title 32, chapter 31 who has received postgraduate 
education designed to prepare the nurse for advanced practice registered nursing in a 
clinical specialty in nursing that has a defined scope of practice and who has been certified 
in the clinical specialty by a national certifying organization acceptable to the State Board 
of Nursing. 
14. Child-resistant. "Child-resistant" means, with respect to packaging or a container: 
A. Specially designed or constructed to be significantly difficult for a typical child 
under 5-years of age to open and not to be significantly difficult for a typical adult to 
open and reseal: and 
B. With respect to any product intended for more than a single use or that contains 
multiple servings, resealable. 
15. Commissioner. "Commissioner" means the Commissioner of Administrative and 
Financial Services. 
16. 
Complete application. 
"Complete application" means, with respect to an 
application for a registry identification card or a registration certificate, that: 
A. The applicant has completed and submitted to the office all application forms 
required and provided by the office; 
B. If required by the office pursuant to this chapter, the applicant has submitted to a 
criminal history record check; 
C. If applying for a registry identification card for a caregiver or a registration 
certificate for a dispensary, the applicant has registered with the State Tax Assessor 
pursuant to Title 36, section 1754-B to collect and remit the sales tax on the sale of 
harvested cannabis imposed under Title 3 6, section 1811 and has provided to the office 
documentation of the registration; and 
D. If applying for a registration certificate for a dispensary, the applicant has submitted 
to the office documentation sufficient to show that the applicant has fulfilled any 
applicable municipal authorization requirements for the municipality in which the 
applicant intends to operate the dispensary. 
17. Cultivation area. "Cultivation area" means an indoor or outdoor area used for 
cultivation of mature cannabis plants, immature cannabis plants or seedlings in accordance 
with this chapter. A cultivation area may include multiple indoor or outdoor areas, whether 
contiguous or noncontiguous, on the same parcel or tract of land. 
18. 
Department. 
"Department" means the Department of Administrative and 
Financial Services. 
19. Disqualifying drug offense. "Disqualifying drug offense" means a conviction for 
a violation of a state or federal controlled substance law that is a crime punishable by 
imprisonment for one year or more. It does not include: 
A. An offense for which the sentence, including any term of probation, incarceration 
or supervised release, was completed 5 or more years earlier: 
COMMITTEE AMENDMENT 
ROS 1 
COMMITTEE AMENDMENT"/+ "to S.P. 32, L.D. 40 (s-70~ 
B. An offense that consisted of conduct that would have been permitted under this 
chapter; or 
C. An offense that consisted of conduct that would be authorized under Title 28-B or 
that, if the person convicted of the offense had been acting under the authority of a 
license pursuant to Title 28-B, would have been authorized under Title 28-B. 
20. Edible cannabis product. "Edible cannabis product" means a cannabis product 
intended to be consumed orally, including, but not limited to, any type of food, drink or pill 
containing harvested cannabis. "Edible cannabis product" does not include an edible 
product containing hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D. 
21. Harvested cannabis. "Harvested cannabis" means the plant material harvested 
from a mature cannabis plant, except the stalks, leaves and roots of the plant that are not 
used for a qualifying patient's medical use. 
"Harvested cannabis" includes cannabis 
concentrate and cannabis products. "Harvested cannabis" does not include plant material 
harvested from hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D. 
22. Immature cannabis plant. "Immature cannabis plant" means a cannabis plant 
that is not a mature cannabis plant or seedling. "Immature cannabis plant" does not include 
hemp as defmed in Title 7, section 2231, subsection 1-A, paragraph D. 
23. Immature plant canopy. "Immature plant canopy" means the total surface area 
within a cultivation area where immature cannabis plants are growing. The surface area of 
the immature plant canopy must be calculated in square feet and measured using the outside 
boundaries of the area and must include all of the area within the boundaries. If the surface 
area of the immature plant canopy consists of noncontiguous areas, each component area 
must be separated by identifiable boundaries. If a tiered or shelving system is used in the 
cultivation area, the surface area of each tier or shelf must be included in calculating the 
area of the immature plant canopy. Calculation of the surface area of the immature plant 
canopy may not include the areas within the cultivation area that are not used at any time 
to cultivate immature cannabis plants. 
24. Inherently hazardous substance. "Inherently hazardous substance" means a 
liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a flash 
point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, propane 
and diethyl ether. "Inherently hazardous substance" does not include any form of alcohol 
or ethanol. 
25. 
Long-term care facility. "Long-term care facility" means a hospice provider 
facility licensed under chapter 1681; a nursing facility licensed under chapter 405; an 
assisted living facility licensed under chapter 1663 or 1664; or a facility or program 
licensed under chapter 1663 that provides care for a qualifying patient in accordance with 
this chapter. 
26. Manufacture or manufacturing. "Manufacture" or "manufacturing" means the 
production, blending, infusing, compounding or other preparation of cannabis concentrate 
and cannabis products, including, but not limited to, cannabis extraction or preparation by 
means of chemical synthesis. 
27. Manufacturing facility. "Manufacturing facility" means a registered tier 1 or tier 
manufacturing facility or a person authorized to engage in cannabis extraction in 
accordance with this chapter. 
COMMITTEE AMENDMENT 
"'ROS 2 
. 3 
COMMITTEE AMENDMENT 'A "to S.P. 32, L.D. 40 ( y 7D q) 
28. Mature cannabis plant. "Mature cannabis plant" means a flowering female 
cannabis plant. "Mature cannabis plant" does not include hemp as defined in Title 7, 
section 2231, subsection 1-A, paragraph D . 
29. Mature plant canopy. "Mature plant canopy" means the total surface area within 
a cultivation area where mature cannabis plants are growing. The surface area of the mature 
plant canopy must be calculated in square feet and measured using the outside boundaries 
of the area and must include all of the area within the boundaries. If the surface area of the 
mature plant canopy consists of noncontiguous areas, each component area must be 
separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation 
area, the surface area of each tier or shelf must be included in calculating the area of the 
mature plant canopy. Calculation of the surface area of the mature plant canopy may not 
include the areas within the cultivation area that are not used at any time to cultivate mature 
cannabis plants. 
30. Medical provider. "Medical provider" means a physician, a certified nurse 
practitioner or a physician assistant. 
31. Medical use. 
"Medical use" means the acquisition, possession, cultivation, 
manufacture, use, delivery, transfer or transportation of cannabis or cannabis paraphernalia 
relating to the administration of cannabis to treat or alleviate a qualifying patient's medical 
diagnosis or symptoms for which a medical provider has provided the qualifying patient a 
written certification under this chapter. 
32. Member of the family. "Member of the family" means an individual who is a 
resident of the State and who is a spouse, domestic partner, child, sibling, sibling of a 
parent, child of a sibling, parent, stepparent, grandparent or grandchild of another 
individual. 
33. Members of the same household. "Members of the same household" means 2 or 
more individuals who are residents of the State and who reside in a shared dwelling unit. 
34. Minor. "Minor" means a person who has not attained 21 years of age. 
35. Office. "Office" means the Office of Cannabis Policy established in Title 28-B, 
section 104-A within the department. 
36. Officer or director. "Officer or director" means, when used with respect to any 
nonprofit, for-profit or other organization governed by this chapter, a director, manager, 
shareholder, board member, partner or other individual holding a management position or 
ownership interest in the organization. 
37. Physician. "Physician" means an individual licensed as an osteopathic physician 
by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or an individual 
licensed as a physician or surgeon by the Board of Li censure in Medicine pursuant to Title 
32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement 
Administration license to prescribe drugs. 
38. Physician assistant. "Physician assistant" means an individual licensed as a 
physician assistant by the Board of Osteopathic Li censure pursuant to Title 3 2, chapter 3 6 
or an individual licensed as a physician assistant by the Board of Licensure in Medicine 
pursuant to Title 3 2, chapter 48 who is in good standing and who holds a valid federal Drug 
Enforcement Administration license to prescribe drugs. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to S.P. 32, L.D. 40 {s. 70~ 
39. Qualifying patient. "Qualifying patient" means an individual who has been a 
resident of the State for at least 30 days and who possesses a valid written certification 
regarding medical use of cannabis in accordance with this chapter. 
40. Registered caregiver. "Registered caregiver" means a caregiver who is registered 
by the office pursuant to this chapter. 
41. Registered dispensary. "Registered dispensary" means an entity registered in 
accordance with this chapter that acquires, possesses, cultivates, manufactures, delivers. 
transfers, transports, sells. supplies or dispenses cannabis paraphernalia, cannabis plants, 
harvested cannabis. related supplies or educational materials to qualifying patients and the 
caregivers of those patients. 
42. Registrant. "Registrant" means a registered caregiver. dispensary. cannabis testing 
facility, manufacturing facility or person authorized to engage in cannabis extraction using 
inherently hazardous substances under this chapter. 
43. Registrant agent. "Registrant agent" means an assistant, employee, officer, 
director or other authorized agent of a registered caregiver, dispensary, cannabis testing 
facility. manufacturing facility or person authorized to engage in cannabis extraction using 
inherently hazardous substances under this chapter. 
44. Registration certificate. "Registration certificate" means a document issued by 
the office that identifies an individual as an individual who has registered with the office 
in accordance with this chapter. 
45. Registry identification card. "Registry identification card" means a document 
issued by the office that identifies an individual who has registered with the office in 
accordance with this chapter. 
46. Remuneration. "Remuneration" means a donation or any other monetary payment 
received directly or indirectly by a person in exchange for goods or services as part of a 
transaction in which cannabis for medical use is transferred or furnished by that person to 
another person. 
47. Sample. "Sample" means a cannabis plant or harvested cannabis that is provided 
for testing or research purposes to a cannabis testing facility. 
48. Seedling. "Seedling" means a cannabis plant or rooted cutting that is: 
A. Not flowering: 
B. Less than 24 inches in height: and 
C. Less than 24 inches in width. 
49. Tamper-evident. "Tamper-evident" means, with respect to a device or process, 
bearing a seal, a label or a marking that makes unauthorized access to or tampering with a 
package. product or container easily detectable. 
7 
50. Tamper-resistant paper. "Tamper-resistant paper" means paper that possesses an 
industry-recognized feature that prevents copying of the paper. erasure or modification of 
information on the paper and the use of counterfeit documentation. 
51. Telehealth services. "Telehealth services" means health care services delivered 
through the use of information technology. "Telehealth services" includes synchronous 
encounters. store and forward transfers. telemonitoring and asynchronous encounters. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE ~MENT ''4-" to S.P. 32, L.D. 40 { S- 71) 9) 
As used in this subsection, the following terms have the following meanings. 
A. 
"Asynchronous encounter" means an interaction between an individual and a 
medical provider through a system that has the ability to store digital information, 
including, but not limited to, still images, video files, audio files, text files and other 
relevant data, and to transmit such information without requiring the simultaneous 
presence of the individual and the medical provider. 
B. "Store and forward transfer" means the transmission of an individual's records 
through a secure electronic system to a medical provider. 
C. 
"Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between an individual and a medical provider or 
between a medical provider and another medical provider. 
D. "Telemonitoring" means the use of information technology to remotely monitor an 
individual's health status via electronic means, allowing the medical provider to track 
the individual's health data over time. 
52. Timely filed. "Timely filed" means, with respect to an application submitted for 
renewal of a registry identification card or an application submitted for renewal of a 
registration certificate, that the applicant submits a complete application to the office no 
sooner than 60 days and no later than 3 0 days prior to the expiration date of the current 
registty identification card or the current registration certificate. 
53. Visiting qualifying patient. "Visiting qualifying patient" means a patient who is 
authorized for the medical use of cannabis in this State and who is not a resident of the 
State or who has been a resident of the State less than 30 days. 
54. Written certification. "Written certification" means a document signed by a 
medical provider and issued to a qualifying patient, or a digital image of that document 
issued by the medical provider that states that, in the medical provider's professional 
opinion, the patient is likely to receive therapeutic or palliative benefit from the medical 
use of cannabis to treat or alleviate the patient's medical diagnosis or symptoms associated 
with the medical diagnosis. 
Sec. A-4. 22 MRSA §2422, as amended by PL 2023, c. 6, §1, is repealed. 
Sec. A-5. 22 MRSA §2423-A, sub-§2, as amended by PL 2023, c. 6, §§2 to 4, 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 cannabis, may engage in the 
following authorized conduct if the caregiver is a rosidefl-t of tao State, is 21 years of age 
or older and has not been convicted of a disqualifying drug offense: 
A. Possess all harvested cannabis produced by the caregiver's cultivation of cannabis 
plants under paragraph B; 
A-1. Transfer up to 2 1/2 ounces of harvested cannabis to a qualifying patient in one 
transaction, except that a caregiver may not dispense more than 2 1/2 ounces of 
harvested cannabis to a visiting qualifying patient during a 15-day period; 
B. Cultivate up to 30 mature cannabis plants, up to 60 immature cannabis plants and 
unlimited seedlings or cultivate up to 500 square feet of mature plant canopy, up to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 32, L.D. 40 { ~,., 7oq) 
1,000 square feet of immature plant canopy and unlimited seedlings. A caregiver may 
not cultivate immature plants by canopy if cultivating mature plants by plant count and 
may not cultivate immature plants by plant count if cultivating mature plants by 
canopy; 
C-1. Assist a qualifying patient with the patient's medical use of cannabis; 
E. Receive reasonable monetary compensation for costs associated with cultivating 
cannabis plants or assisting a qualifying patient with that patient's medical use of 
cannabis; 
F. Be in the presence or vicinity of the medical use of cannabis and assist any patient 
with the medical use, administration or preparation of cannabis; 
G. Manufacture cannabis products and 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 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 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 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 14 71-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 14 71-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 immature cannabis plants, seedlings, seeds and harvested cannabis to a 
qualifying patient, another caregiver or a registered dispensary for reasonable 
compensation or for no remuneration; 
K-1. Transfer to and accept from another registered caregiver or a dispensary cannabis 
plants and harvested 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 cannabis 
plants grown by the caregiver over the course of a calendar year, including any 
cannabis products or cannabis concentrate manufactured from mature 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 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE ~NDMBNT "A- "to S.P. 32, LD. 40 ( S-7cfl Ji 
of immature cannabis plants and seedlings. A registered caregiver that acquires mature 
cannabis plants, cannabis products or cannabis concentrate in a wholesale transaction 
under this paragraph may not resell the mature cannabis plants, cannabis products or 
cannabis concentrate except to a qualifying patient or to another registered caregiver 
or dispensary to assist a qualifying patient; 
L. Provide samples to a cannabis testing facility for testing and research purposes; 
M. Conduct cannabis testing at the request of anyone authorized to possess cannabis 
under this chapter for research and development purposes only; 
N. 
Provide harvested cannabis to a manufacturing facility and obtain cannabis 
products and cannabis concentrate from the manufacturing facility that are produced 
from the harvested cannabis the caregiver provided to the manufacturing facility; 
0. 
Transport cannabis plants or harvested cannabis for authorized conduct in 
accordance with this chapter; 
P. Operate one caregiver retail store to sell harvested 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, including, but not limited to, a limited liability company, partnership or limited 
liability partnership; and 
S. Notwithstanding chapter 262-A, sell, offer to sell or furnish cannabis paraphernalia 
to a qualifying patient, caregiver or registered dispensary for a qualifying patient's 
medical use of cannabis. 
Sec. A-6. 22 MRSA §2423-A, sub-§3, ~' as amended by PL 2021, c. 662, §15 
and c. 669, §5, is further amended to read: 
B. A caregiver cultivating cannabis plants for a patient's medical use must keep all 
plants in a cultivation area unless the plants are being transported pursuant to 
subsection 2, paragraph 0. The cultivation area must be enclosed and equipped with 
locks or other security devices that permit access only by a person authorized to have 
access to the area under this chapter. 
(1) The caregiver shall ensure that the mature cannabis plants, immature cannabis 
plants and seedlings cultivated by the caregiver are kept in separate cultivation 
areas. The cultivation area for mature cannabis plants and the cultivation area for 
immature cannabis plants and seedlings may be located on separate parcels or tracts 
of land, whether the parcels or tracts of land are contiguous or noncontiguous, as 
long as the caregiver discloses the locations of all cultivation areas to the 
department. The caregiver may not maintain more than 2 cultivation areas. The 
caregiver shall ensure that the cultivation area for mature cannabis plants and the 
cultivation area for immature cannabis plants comply with the plant count or plant 
canopy limitations of sub.section 2, paragraph B. 
(2) Access to cultivation areas is limited to the caregiver, except that an elected 
official invited by the caregiver for the purpose of providing education to the 
elected official on cultivation by the caregiver, emergency services personnel, an 
assistant of a caregiver or a cannabis testing facility or a person who needs to gain 
access to a cultivation area in order to perform repairs or maintenance or to do 
COMMITTEE AMENDMENT 
COMMITIEEAMENDMENT'A "to S.P. 32, L.D. 40 { s-10Y 
construction may access a cultivation area to provide those professional services 
while under the direct supervision of the caregiver. 
Sec, A-7. 22 MRSA §2423-A, sub-§10, ~, as repealed and replaced by PL 2023, 
c. 365, §2 and c. 405, Pt. A, §57, is repealed and the following enacted in its place: 
E. A cannabis testing facility shall obtain and must be able to produce, upon demand 
of the office or a municipal code enforcement officer, documentation of the facility's 
accreditation pursuant to standard ISO/IEC 17025 of the International Organization for 
Standardization by a 3rd-party accrediting body. 
Sec. A-8. 22 MRSA §2423-F, sub-§12, as repealed and replaced by PL 2019, c. 
331, § 17 and amended by PL 2021, c. 669, §5, is further amended to read: 
12. Record keeping. A registered manufacturing facility or person authorized to 
engage in cannabis extraction using inherently hazardous substances under subsection 3 
shall maintain records of all transactions in accordance with section 2430 G 2430-J. 
Sec. A-9. 22 MRSA §2425-A, sub-§1, as enacted by PL 2017, c. 452, §12, is 
repealed. 
Sec. A-10. 22 MRSA §2425-A, sub-§3, as amended by PL 2021, c. 367, § 11 and 
c. 669, §5, 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, except that an assistant is not required to submit to a criminal 
history record check. The criminal history record check is valid for one year 2 years 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. A-11. 22 MRSA §2425-A, sub-§3, 1A, as enacted by PL 2017, c. 452, § 12, 
is amended to read: 
A. The anm:H¼l fee required pursuant to subsection 1 O; and 
Sec. A-12. 22 MRSA §2425-A, sub-§5, 1A, as amended by PL 2023, c. 365, §§4 
to 6, is further amended to read: 
A. A registry identification card expires one year 2 years after the date of issuance, 
regardless of the person's employment status, except that a caregiver's registry 
identification card expires one year after the date of issuance. The card must contain: 
(1) The name of the cardholder; 
(2) The date of issuance and expiration date; 
(3) A random randomly generated unique identification number tha-t is :unique to 
5 
the cardholder; 
(4) A clear designation showing whether the cardholder is allowed under this 
7 
chapter to cultivate cannabis plants; and 
(5) A photograph of the cardholder, ifrequired by the department. 
Sec. A-13. 22 MRSA §2425-A, sub-§10, 1J, as enacted by PL 2017, c. 452, §12 
and amended by PL 2021, c. 669, §5, is further amended to read: 
COMMITTEE AMENDMENT 
1t6s 
COMMITTEE ~MENT "A "to S.P. 32, L.D. 40 [s-7(), 
J. There is aa aH:ffilal ft fee for a criminal history record check for a caregiver or an 
officer or director Of assistam of a registered dispensary, cannabis 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, cannabis testing facility or 
manufacturing facility for an officer or director of assistant of the registered dispensary, 
cannabis testing facility or manufacturing facility. 
Sec. A-14. 22 MRSA §2425-A, sub-§11-A is enacted to read: 
11-A. Temporary appointee. Notwithstanding any provision of this chapter to the 
contrary, in cases of death, disability, bankruptcy, judicial dissolution or other exceptional 
circumstances, unless a court appoints a temporary appointee, the office may approve a 
temporary appointee to take possession of, operate, manage, control or wind down a 
registrant's operations. Under such circumstances: 
A. A temporary appointee must be otherwise qualified under the provisions of this 
chapter to be a registered caregiver or an officer or director: 
B. A temporary appointee may not transfer cannabis or cannabis products for medical 
use without a valid registry identification card: and 
C. The registrant shall submit a plan of temporary appointment, on forms made 
available by the office, as soon as practicable but no later than 60 days after a qualifying 
event. 
For purposes of this subsection, "temporary appointee" means a court-appointed receiver, 
personal representative, executor, administrator, guardian, conservator, tmstee or similarly 
situated person or person approved by the office pursuant to this section. 
Sec. A-15. 22 MRSA §2428, sub-§6, ~' as amended by PL 2017, c. 452, § 16, is 
repealed. 
Sec. A-16. 22 MRSA §2428, sub-§6, 10 is enacted to read: 
0. A dispensary may not be required to have designated parking spaces in order to be 
issued or reissued a registration certificate by the office. 
Sec. A-17. 22 MRSA §2428, sub-§9, ,in, as amended by PL 2017, c. 452, §16, is 
further amended to read: 
D. A person who has been convicted of a disqualifying dmg offense may not be an 
officer or director Of assistant of a dispensary. 
(1) A person who is an officer or director Of assistaat of a dispensary in violation 
of this paragraph commits a civil violation for which a fine of not more than $1,000 
may be adjudged. 
(2) A person who is an officer or director of assistaat of a dispensary in violation 
of this paragraph and who at the time of the violation has been previously found to 
have violated this paragraph eommits a Class D erime may be subject to additional 
enforcement action as established by the office in mle. 
Sec. A-18. 22 MRSA §2429-B, sub-§2, 1A, as enacted by PL 2017, c. 452, §18 
and amended by PL 2021, c. 669, §5, is further amended to read: 
COMMITTEE AMENDMENT 
coMMITIEE ~MENT "A ,, '° s.P. n, 1.0. ,o { S•lo'lj 
A. A prohibition on health or physical benefit claims in advertising or marketing, 
including, but not limited to, health or physical benefit claims on the label or packaging 
of harvested cannabis, except that advertising, marketing, labeling or packaging may 
contain information regarding qualifying patients' testimonies of how cannabis for 
medical use has provided palliative or therapeutic effects for the patients' conditions; 
Sec. A-19. 22 MRSA §2429-C, sub-§4, as enacted by PL 2017, c. 452, §18, is 
repealed and the following enacted in its place: 
4. Adulterated or misbranded. May not be adulterated or misbranded as prohibited 
in sections 2156 and 2157, respectively, or contain additives specifically formulated to 
increase the addictiveness of the edible cannabis product: and 
Sec. A-20. 22 MRSA §2430-D, first ,r, as enacted by PL 2017, c. 452, §24, is 
amended to read: 
Collectives are prohibited under this chapter. A person may not form or participate in 
a collective. For purposes of this section, "collective" means an association, cooperative, 
affiliation or group of caregivers who physically assist each other in the act of cultivation, 
processing or distribution of cannabis for medical use for the benefit of the members of the 
collective. The following relationships are not collectives and are not prohibited: 
Sec. A-21. 22 MRSA §2430-D, sub-§2, as enacted by PL 2017, c. 452, §24, is 
amended to read: 
2. Employer and assistant relatienship, family members or members of the same 
household. Two caregivers to the extent the relationship is as employer and assistant,. 
members of the same family or members of the same household; 0f 
Sec. A-22. 22 MRSA §2430-D, sub-§3, as enacted by PL 2017, c. 452, §24 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
3. Caregivers sharing common areas. Any number of caregivers who are operating 
separately and occupying separate spaces within a common facility to engage in activities 
authorized l:lRdor soetion 2423 A, sl:ltlsoetioR 2 pursuant to the provisions of this chapter, 
even if they also share utilities or common areas, including but not limited to storage areas 
and building facilities, and who do not share cannabis plants or harvested cannabis resulting 
from the cultivation of those plants-,_;_QI 
Sec. A-23. 22 MRSA §2430-D, sub-§4 is enacted to read: 
4. Caregivers providing short-term assistance. A caregiver assisting up to 2 other 
caregivers at any one time with activities authorized under this chapter, as long as the 
caregiver has given prior notice to the office. Notice required by this subsection must 
5 
include the name of each caregiver needing assistance and the duration of the assistance to 
be provided. Assistance may not exceed 90 days within a calendar year unless approved 
7 
in advance by the office. 
Sec. A-24. 22 MRSA §2430-G, as repealed by PL 2023, c. 365, §18 and amended 
by c. 405, Pt. A, §58, is repealed. 
Sec. A-25. 22 MRSA §2430-1, sub-§1, as enacted by PL 2023, c. 365, §20, is 
repealed. 
Sec. A-26. 22 MRSA §2430-1, sub-§1-A is enacted to read: 
COMMITTEE AMENDMENT 
~ios 
:' 
\ 
coMMIITEE ~MENT "A "'° s.P. ,,. L.D. 40 (s-10~ 
1-A. Registration violation types. The following registration violation types are 
established. 
A. "Major registration violation affecting public safety" means an intentional or 
knowing violation that imminently jeopardizes public health and safety or conduct that 
indicates a willful or reckless disregard for public health and safety. 
"Major 
registration violation affecting public safety" is limited to: 
(1) Intentionally or knowingly selling harvested cannabis or cannabis products for 
medical use containing any scheduled drug as defined in Title 17-A, section 1101, 
subsection 11, except for any compounds naturally occurring in the cannabis plant: 
(2) Intentionally or knowingly using prohibited agricultural chemicals that pose a 
threat to public health and concealing their use from the office, other registrants or 
consumers; 
(3) 
Intentionally or knowingly treating or otherwise adulterating harvested 
cannabis with a scheduled drug as defined in Title 17-A, section 1101, subsection 
11, except for compounds naturally occurring in the cannabis plant: 
(4) Intentionally or knowingly purchasing or transferring from the illicit market 
cannabis or cannabis products that are offered for sale or transfer to qualifying 
patients or combined with harvested cannabis or cannabis products for medical 
use; 
(5) 
Intentionally or knowingly destroying, damaging, altering, removing or 
concealing potential evidence of a violation under this paragraph or asking or 
encouraging another person to do so; or 
(6) Other intentional or knowing egregious conduct that imminently threatens 
public health and safety or conduct that shows a willful or reckless disregard for 
public health and safety that poses an imminent risk to public health and safety. 
B. "Major registration violation" means a serious violation that does not imminently 
jeopardize public safety. "Major registration violation" is limited to: 
(1) 
Misleading the office for the pm:poses of involving a person with a 
disqualifying drug offense in the operation of a registrant: 
(2) Intentionally or knowingly diverting harvested cannabis or cannabis products 
for medical use to the illicit market or to a cannabis establishment under the 
Cannabis Legalization Act: 
(3) Except as provided in paragraph A, subparagraphs (2) and (3), treating or 
otherwise adulterating harvested cannabis with any chemical that alters the color, 
appearance, weight or smell of the cannabis or that increases its potency, toxicity 
or addictiveness in a manner not authorized under this chapter; 
( 4) 
Selling or transferring cannabis plants, harvested cannabis or cannabis 
products for medical use to a person under 21 years of age who is not a minor 
qualifying patient; 
(5) Intentionally or knowingly making deliveries of harvested cannabis to a safe 
zone designated by a municipality pursuant to Title 30-A, section 3253 unless 
otherwise authorized under this chapter; 
COMMITTEE AMENDMENT 
,, 
COMMITTEE AMENDMENT "A-" to S.P. 32, L.D. 40 ( '5-7Dq_) 
( 6) Allowing a minor to be an assistant of the registrant unless otherwise authorized 
under this chapter; 
(7) Cultivating cannabis plants in an amount that is equal to or greater than 150% 
of the total number of cannabis plants or plant canopy the registrant is authorized 
to cultivate under this chapter; 
(8) 
Intentionally or knowingly misrepresenting any cannabis product to a 
qualifying patient, registrant or the public, including: 
(a) Its contents; 
(b) Its testing results; or 
(c) Its potency; 
(9) Refusing, 2 or more times, to permit the office to inspect locations where the 
registrant conducts authorized activities; 
(10) Intentionally or knowingly destroying, damaging, altering, removing or 
concealing potential evidence of a violation under this paragraph or asking or 
encouraging another person to do so; or 
(11) Any violation in paragraph C that is a knowing violation or that the registrant 
has committed 3 or more times. 
C. "Minor registration violation" means a negligent violation. "Minor registration 
violation" is limited to: 
(1) Procuring or in any way aiding or assisting in procuring, furnishing, selling or 
delivering cannabis or cannabis products for or to a minor who is not a qualifying 
patient; 
(2) Cultivating more cannabis plants than the registrant is authorized to cultivate 
under this chapter, but less than 150% of the total number of cannabis plants or 
plant canopy authorized; 
(3) Supplying adulterated or misbranded harvested cannabis or cannabis products; 
( 4) Failing to obtain or maintain any required licenses, permits or certificates from 
another state agency or a municipality, as applicable, for the conduct of activities 
authorized by this chapter; or 
(5) A 2nd violation of any other requirement of this chapter or the rules adopted 
pursuant to this chapter that is not expressly listed in this subsection. 
Sec. A-27. 22 MRSA §2430-1, sub-§2, as enacted by PL 2023, c. 365, §20, is 
amended to read: 
2. Penalties. +he For a registration violation, the department, in accordance with this 
section, on its own initiative or on complaint and after investigation, may, by written order: 
A. Impose an administrative penalty in accordance with this section foF a :vielatioa. 
Penalties collected pursuant to this paragraph must be credited to the Medical Use of 
Cannabis Fund established under section 2430; 
B. Seize and destroy cannabis or cannabis products under subseetioa 5 subsections 5 
and6;and 
COMMITTEE AMENDMENT 
('iOS 
COMMITTEE AMENDMENT" A,, to S.P. 32, L.D. 40 (s --7~. 
C. Suspend or revoke a registry identification card or registration certificate issued 
under this chapter for a violatioa. 
For a first violation of this chapter or rules adopted pursuant to this chapter, other than a 
registration violation under subsection 1-A or a violation under subsection 4, the office 
may only provide technical assistance to the registrant and may not impose a penalty or 
suspend or revoke a registration. 
Sec. A-28. 22 MRSA §2430-1, sub-§3, as enacted by PL 2023, c. 365, §20, is 
amended to read: 
3. Administrative penalties, generally. The department may impose administrative 
penalties for a violation of this chapter or rules adopted under this chapter as follows: 
A. For a registered caregiver who does not operate a retail store and a eo,,ered entity 
registrant agent: 
(1) Not more than $200 for each minor registration violation; 
(2) Not more than $600 for each major registration violation; or 
(3) Not more than $1,500 for each major registration violation affecting public 
safety; and 
B. For a eo,,zered entity registrant, except a registered caregiver who does not operate 
a retail store: 
(1) Not more than $1,000 for each minor registration violation; 
(2) Not more than $3,000 for each major registration violation; or 
(3) Not more than $7,500 for each major registration violation affecting public 
safety. 
Sec. A-29. 22 MRSA §2430-1, sub-§4, as enacted by PL 2023, c. 365, §20, is 
amended to read: 
4. Administrative penalty for sale or transfer to nonpatient. The department shall 
notify a eo,,ered entify registrant within one business day after the department discovers 
that a severed entify registrant or severed entify registrant agent sold, furnished or gave 
cannabis for medical use to a person who is not authorized to possess cannabis for medical 
use under this chapter. Both the eo¥ered entify registrant and eo,,zered entify registrant 
agent that sold, furnished or gave cannabis for medical use to a person who is not authorized 
to possess cannabis for medical use may be held responsible as follows. 
A. The first time a eo,,ered entify registrant or eo,,zered entify registrant agent sells, 
furnishes or gives cannabis for medical use to a person who is not authorized to possess 
cannabis for medical use under this chapter, the eo,,'ered entify registrant or eo','ered 
~ 
registrant agent that sold, furnished or gave cannabis for medical use to a person 
not authorized to possess cannabis for medical use may be subject to an administrative 
penalty for a minor registration violation. 
B. The 2nd time a eo,,zered entify registrant or eo¥ered entity registrant agent sells, 
furnishes or gives cannabis for medical use to a person who is not authorized to possess 
cannabis for medical use under this chapter, the eo,,zered entify registrant or eo,,zered 
~ 
registrant agent that sold, furnished or gave cannabis for medical use to a person 
COMMITTEE AMENDMENT 
coMMirrEE AMENDMENT .. A .. " s.P. ,2, L.o. ,o (:, 70 '7) 
not authorized to possess cannabis for medical use may be subject to an administrative 
penalty for a major registration violation. 
C. The 3rd time a eo¥ered entity registrant or eo•;ered entity registrant agent sells, 
furnishes or gives cannabis for medical use to a person who is not authorized to possess 
cannabis for medical use under this chapter and for any subsequent violations of this 
subsection thereafter, the eo¥ered entity registrant or eo¥ered entity registrant agent 
that sold, furnished or gave cannabis for medical use to a person not authorized to 
possess cannabis for medical use may be subject to suspension or revocation of the 
eo¥ered entity's registrant's or eo•;ered entity registrant agent's registry identification 
card or registration certificate or an administrative penalty for a major registration 
violation. 
A eo¥ered entity registrant is subject to the penalties in this section whether the eo¥ered 
entity registrant violated this subsection or the eovered entity registrant agent violated this 
subsection. Violations of this section by a eovered entity registrant are cumulative whether 
the same or a different eo¥ered entity registrant agent violated this subsection. 
Sec. A-30. 22 MRSA §2430-1, sub-§5, as enacted by PL 2023, c. 365, §20, is 
amended to read: 
5. Forfeit and destruction under final order. This subsection governs the forfeiture 
and destruction of cannabis plants, cannabis or cannabis products when a final order is 
issued. 
A. If the department issues a final order imposing an administrative penalty under this 
section, the department may require, in the final order, that all or a portion of the 
cannabis plants, cannabis or cannabis products in the possession of the eo¥ered entity 
registrant subject to the final order be destroyed. 
B. The eo•;ered entity registrant subject to the final order shall forfeit the cannabis 
plants, cannabis or cannabis products to the department or destroy the cannabis plants, 
cannabis and cannabis products at the time and place and in the manner required by the 
department in writing. 
Sec. A-31. 22 MRSA §2430-1, sub-§6, as enacted by PL 2023, c. 365, §20, is 
amended to read: 
6. Destruction prohibition. If the department is notified by a criminal justice agency 
that there is a pending investigation of a eo•;ered entity registrant subject to a final order 
under this section, the department may not destroy, or allow the eo•,'ered entity registrant 
to destroy, any cannabis plants, cannabis or cannabis products of that eo¥ered entity 
registrant until the destruction is approved by the criminal justice agency. 
Sec. A-32. 22 MRSA §2430-1, sub-§8, as enacted by PL 2023, c. 365, §20, is 
repealed and the following enacted in its place: 
8 
8. 
Suspension. The office may suspend a registration in accordance with this 
subsection. 
A. The office may suspend a registration. for a period ofup to one year, upon a finding 
of: 
(1) A major registration violation affecting public safety; 
COMMITTEE AMENDMENT 
-Ros 
COMMITIEE AMENDMENT ",4-" to S.P. 32, L.D. 40 ('c;" 7cft) • 
(2) A pattern of major registration violations in a 60-month period; or 
(3) A violation of subsection 1-A, paragraph B, subparagraph (7). 
B. A registrant whose registration has been suspended pursuant to this subsection may 
not, for the duration of the suspension period, engage in any activities otherwise 
authorized under this chapter, except that the registrant may do what is reasonably 
necessary to wind down processes and may harvest any cannabis plants currently 
growing but may not start any new plants or make any transfers or sales. 
C. The office may permit the transfer of a suspended registry identification card or 
registration certificate to another person in order for the person to undertake some or 
all of the registrant's operations during the period of suspension. 
A registry 
identification card or registration certificate may not be transferred to any person that 
is not qualified to be a registrant under this chapter. A suspended registry identification 
card or registration certificate may not be transferred pursuant to this paragraph if such 
a transfer would result in the receiving registrant exceeding the amount of plant canopy 
or mature cannabis plants the receiving registrant is authorized to cultivate or in any 
other violation of this chapter. 
Sec. A-33. 22 MRSA §2430-1, sub-§8-A is enacted to read: 
8-A. Revocation. The office may revoke a registration in accordance with this 
subsection. 
A. The office may revoke a registration for a period ofup to one year, upon a finding 
of: 
(l) A major registration violation affecting public safety; or 
(2) A pattern of major registration violations in a 60-month period. 
B. A registrant whose registration has been revoked pursuant to this subsection shall 
cease all activities otherwise authorized under this chapter until the revocation period 
ends and the registration is reauthorized. 
Sec. A-34. 22 MRSA §2430-1, sub-§9, as enacted by PL 2023, c. 365, §20, is 
repealed and the following enacted in its place: 
9. Maine Administrative Procedure Act; final agency action; appeals. Except as 
otherwise provided in this chapter or the rules adopted pursuant to this chapter, the 
imposition of an administrative penalty on a registrant by the office, including, but not 
limited to, the provision of notice and the conduct of hearings, is governed by the Maine 
Administrative Procedure Act. A final order of the office imposing an administrative 
penalty is a final agency action, as defined in Title 5, section 8002, subsection 4, and the 
registrant may appeal that fmal order to the Superior Court in accordance with Rule 80C 
of the Maine Rules of Civil Procedure. 
Sec. A-35. 22 MRSA §2430-1, sub-§10 is enacted to read: 
10. Notification. Except as otherwise provided in subsection 4, if, after an inspection 
or investigation by the office or a criminal justice agency, the office identifies a violation 
of this chapter or the rules adopted pursuant to this chapter, the office shall, within 5 
business days of identifying the violation, provide written notification of the violation to 
the registrant. The registrant, within 5 days of receiving notification, shall provide the office 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A-" to s.P. 32, L.D. •o(S-70~ 
with a plan of correction, if applicable, for the identified violation, including a time frame 
for the correction. If, after a follow-up inspection, the office decides to impose a monetary 
penalty on the registrant, the office shall notify the registrant of the monetary penalty in a 
timely manner after the follow-up inspection. Notice under this subsection does not 
constitute final agency action. 
PARTB 
Sec. B-1. 28-B MRSA, headnote is amended to read: 
TITLE28-B 
ADULT USE CANNABIS 
Sec. B-2. 28-B MRSA §102, as amended by PL 2023, c. 6, §12 and c. 408, §§1 to 
3, is repealed. 
Sec. B-3. 28-B MRSA §102-A is enacted to read: 
§102-A. Definitions 
As used in this chapter and chapter 3, unless the context otherwise indicates, the 
following terms have the following meanings. 
1. 
Adult use cannabis. 
"Adult use cannabis" means cannabis cultivated, 
manufactured, distributed or sold by a cannabis establishment. 
2. Adult use cannabis product. "Adult use cannabis product" means a cannabis 
product that is manufactured, distributed or sold by a cannabis establishment. 
3. Another iurisdiction. "Another jurisdiction" means the Federal Government, the 
United States military, the District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, 
American Samoa and each of the several states of the United States except Maine. 
4. Applicant. "Applicant" means a person that submits an application for a license 
under this chapter to the office for review that the department has not yet approved or 
denied. 
5. Batch. "Batch" means: 
A. A specific quantity of adult use cannabis harvested during a specified period of 
time from a specified cultivation area within a cultivation facility; or 
B. A specific quantity of adult use cannabis or adult use cannabis products produced 
during a specified period of time in a specified manufacturing area within a products 
manufacturing facility. 
6, Batch number. "Batch number" means a distinct group of numbers, letters or 
symbols, or any combination thereof, assigned to a specific batch of adult use cannabis by 
a cultivation facility or to a specific batch of adult use cannabis or adult use cannabis 
products by a products manufacturing facility. 
7. Business entity. "Business entity" means a partnership, association, company, 
corporation, limited liability company or other entity incorporated or otherwise formed or 
COMMITTEE AMENDMENT 
--Ros 
COMMITTEE~MENT" 4 
"to S.P. 32, L.D. 40 (S·7Qj 
organized by law. 
"Business entity" does not include a federal, state or municipal 
government organization. 
8. Cannabis. "Cannabis" means the leaves, stems, flowers and seeds of a cannabis 
plant, whether growing or not. "Cannabis" includes cannabis concentrate but does not 
include hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D or a cannabis 
product. 
9. Cannabis concentrate. "Cannabis concentrate" means the resin extracted from any 
part of a cannabis plant and every compound, manufacture, salt. derivative, mixture or 
preparation from such resin, including, but not limited to, hashish. "Cannabis concentrate" 
does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 
1-A, paragraph D. In determining the weight of cannabis concentrate in a cannabis product, 
the weight of any other ingredient combined with cannabis or cannabis concentrate to 
prepare the cannabis product may not be included. 
10. Cannabis establishment. "Cannabis establishment" means a cultivation facility, 
a products manufacturing facility, a testing facility, a cannabis store or a sample collector 
licensed under this chapter. 
11. Cannabis extraction. "Cannabis extraction" means the process of extracting 
cannabis concentrate from cannabis using water, lipids, gases, solvents or other chemicals 
or chemical processes. "Cannabis extraction" does not include the process of extracting 
concentrate from hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D. 
12. Cannabis flower. "Cannabis flower" means the pistillate reproductive organs of 
a mature cannabis plant, whether processed or unprocessed, including the flowers and buds 
of the plant. "Cannabis flower" does not include cannabis trim or whole mature cannabis 
plants or the flower of hemp as defined in Title 7, section 2231, subsection 1-A, paragraph 
D. 
13. Cannabis paraphernalia. "Cannabis paraphernalia" means equipment, products, 
devices and materials that are used for planting, propagating, cultivating, harvesting, 
processing, preparing, testing, packaging or storing adult use cannabis or used for 
ingesting, inhaling or otherwise consuming adult use cannabis. "Cannabis paraphernalia" 
includes, but is not limited to: 
A. Kits used for planting, propagating, cultivating or harvesting a cannabis plant; 
B. Isomerization devices used for adjusting the potency of a cannabis plant: 
C. Testing equipment used for identifying or analyzing the potency, effectiveness or 
purity of a cannabis plant or cannabis: 
D. Scales and balances used for weighing or measuring cannabis: 
E. Separation gins and sifters used for removing twigs and seeds from, or in otherwise 
cleaning or refining, cannabis: 
F. Envelopes and other containers used for packaging small quantities of cannabis for 
adult use: 
G. Containers and other objects used for storing cannabis: 
H. Rolling papers, cigarette papers or wraps used for rolling cannabis for smoking: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. 4 .. '° s.r. ,2. L.o. •• (s7c/l) 
I. Metal, wooden. acrylic, glass, stone, plastic or ceramic pipes, with or without 
screens, chillums or punctured metal bowls used for smoking cannabis: and 
J. Electronic smoking devices used for simulating the smoking of cannabis or cannabis 
products through the inhalation of vapor or aerosol from the device. 
14. Cannabis plant. "Cannabis plant" means all species of the plant genus Cannabis 
sativa L., including, but not limited to, a mother plant, a mature cannabis plant, an immature 
cannabis plant or a seedling. "Cannabis plant" does not include hemp as defined in Title 7, 
section 2231, subsection 1-A, paragraph D. 
15. Cannabis product. "Cannabis product" means a product composed of cannabis 
or cannabis concentrate and other ingredients that is intended for use or consumption. 
"Cannabis product" includes, but is not limited to, an edible cannabis product, a cannabis 
ointment and a cannabis tincture. 
"Cannabis product" does not include cannabis 
concentrate or a product containing hemp as defined in Title 7, section 2231. subsection 
1-A, paragraph D. 
16. Cannabis store. "Cannabis store" means a facility licensed under this chapter to 
purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation 
facility, to purchase adult use cannabis and adult use cannabis products from a products 
manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature 
cannabis plants, seedlings and other products to consumers. 
17. Cannabis trim. "Cannabis trim" means any part of a cannabis plant, whether 
processed or unprocessed, that is not cannabis flower or a cannabis seed except that 
"cannabis trim" does not include the stalks or roots of the cannabis plant. "Cannabis trim" 
does not include any part of a hemp plant as defined in Title 7, section 2231, subsection 
1-A, paragraph D. 
18. Caregiver. "Caregiver" has the same meaning as in Title 22, section 2421-A, 
subsection 11. 
19. Child-resistant. "Child-resistant" means, with respect to packaging or a container: 
A. Specially designed or constructed to be significantly difficult for a typical child 
under 5 years of age to open and not to be significantly difficult for a typical adult to 
0 
open and reseal: and 
B. With respect to any product intended for more than a single use or that contains 
multiple servings, resealable. 
20. Colocation. "Co location" means the siting of multiple licensees or the siting of a 
licensee with a registered caregiver or registered dispensary within a licensed premises. 
21. Commissioner. "Commissioner" means the Commissioner of Administrative and 
Financial Services. 
22. Container. "Container" means a sealed package in which adult use cannabis or 
8 
an adult use cannabis product is placed by a licensee prior to sale to a consumer and that 
meets all applicable packaging, labeling and health and safety requirements of this chapter 
and the rules adopted pursuant to this chapter. 
23. Criminal justice agency. "Criminal justice agency" has the same meaning as in 
Title 16, section 803, subsection 4. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 (s, 109) 
24. 
Cultivation or cultivate. 
"Cultivation" or "cultivate" means the planting, 
propagation, growing, harvesting, drying, curing, grading, trimming or other processing of 
cannabis for use or sale. "Cultivation" or "cultivate" does not include manufacturing, 
testing or cannabis extraction. 
25, Cultivation facility. "Cultivation facility" means a facility licensed under this 
chapter to purchase cannabis plants and seeds from other cultivation facilities: to cultivate, 
prepare and package adult use cannabis: to sell adult use cannabis to products 
manufacturing facilities, to cannabis stores and to other cultivation facilities: and to sell 
cannabis plants and seeds to other cultivation facilities and immature cannabis plants and 
seedlings to cannabis stores or adults. 
26. 
Department. 
"Department" means the Department of Administrative and 
Financial Services. 
27. Direct or indirect financial interest. "Direct or indirect financial interest" means 
any interest in a sole proprietorship or business entity that is applying for or holds a 
cannabis establishment license, including: 
A. Proprietors, partners, shareholders, persons with membership interests and persons 
with any other equity ownership interests, such as purchase warrants or options, 
whether whole or partial. If the equity owner is a business entity, all business entities 
and natural persons that have an aggregate ownership interest in that equity owner 
business entity of 5% or more are deemed to be indirect financial interests of the 
applicant or licensee; 
B. Any employee, independent contractor, professional or other person who has an 
agreement with the applicant or licensee that provides for the person's attaining any 
form of equity ownership, except that employee equity ownership vested pursuant to 
an employee stock ownership program is governed by paragraph E. If the other equity 
owner is a business entity, all business entities and natural persons that have an 
aggregate ownership interest in that other equity owner business entity of 5% or more 
are deemed to be indirect fmancial interests of the applicant or licensee: 
C. All persons who expect to receive financial payment in the form of royalty 
payments, profit sharing, revenue sharing or similar payment, such as, but not limited 
to, royalty license partners, parties to a profit-sharing agreement, capital investors and 
management contractors or consultants. If the non-owner interest is a business entity, 
all business entities and natural persons that have an aggregate ownership interest in 
that non-owner interest business entity of 5% or more are deemed to be indirect 
fmancial interest holders of the applicant or licensee: and 
E. Any shares designated solely for inclusion in a portion of shares reserved for 
employees of the applicant or licensee for the purpose of vesting an equity ownership 
interest in an employee or employees of the licensee. A licensee offering an employee 
stock ownership program must designate a percentage of equity ownership interests for 
the employee stock ownership program and must report annually the identity of any 
person holding an equity interest in the licensee through the employee stock ownership 
program. 
28. Disqualifying drug offense. "Disqualifying drug offense" means a conviction for 
a violation of a state or federal controlled substance law that is a crime punishable by 
COMMITTEE AMENDMENT 
COMMITTEE ~MENT" A" to S.P. 32, L.D. 40 ( 5-701) 
imprisonment for one year or more, except that "disqualifying drug offense" does not 
include: 
A. An offense for which the sentence, including any term of probation, incarceration 
or supervised release, was completed 5 or more years prior to the submission of an 
application for a license under this chapter; or 
B. An offense that consisted of conduct that would be authorized under this Title or 
that, if the person convicted of the offense had been acting under the authority of a 
license pursuant to this Title, would have been authorized under this Title. 
29. Edible cannabis product. "Edible cannabis product" means a cannabis product 
intended to be consumed orally, including, but not limited to, any type of food, drink or pill 
containing cannabis or cannabis concentrate. "Edible cannabis product" does not include 
an edible product containing hemp as defined in Title 7, section 2231, subsection 1-A, 
paragraph D. 
30. Flowering. "Flowering" means, with respect to a cannabis plant, the gametophytic 
or reproductive state of a female cannabis plant during which the plant is in a light cycle 
intended to produce flowers, trichomes and cannabinoids characteristic of cannabis. 
31. Identity statement. "Identity statement" means the name of a business entity as 
it is commonly known and used in any advertising or marketing by the business entity. 
32. Immature cannabis plant. "Immature cannabis plant" means a cannabis plant 
that is not a mature cannabis plant or a seedling. "Immature cannabis plant" does not 
include hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D. 
33. Inherently hazardous substance. "Inherently hazardous substance" means a 
liquid chemical. compressed gas or commercial product that has a flash point at or lower 
than 38 degrees Celsius or 100 degrees Fahrenheit, including, but not limited to, butane, 
propane and diethyl ether. "Inherently hazardous substance" does not include any form of 
alcohol or ethanol. 
34. Intoxication. "Intoxication" means a substantial impairment of an individual's 
mental or physical faculties as a result of drug or alcohol use. 
35. Law enforcement officer. "Law enforcement officer" has the same meaning as 
in Title 17-A, section 2, subsection 17. 
36. Licensed premises. "Licensed premises" means the premises specified in a license 
to operate a cannabis establishment within which the licensee is authorized under this 
chapter and the rules adopted pursuant to this chapter to cultivate, manufacture, distribute, 
test or sell adult use cannabis or adult use cannabis products. 
37. Licensee. "Licensee" means a person licensed pursuant to this chapter to operate 
a cannabis establishment. 
38. Limited access area. "Limited access area" means a building, room or other area 
within the licensed premises of a cannabis establishment where a licensee is authorized to 
cultivate, store, weigh, manufacture, package or otherwise prepare for sale adult use 
cannabis and adult use cannabis products in accordance with the provisions of this chapter 
and the rules adopted pursuant to this chapter. 
COMMITTEE AMENDMENT 
ROS 
COMMITIBE ~MENT "4- "1-0 S.P. 32, L.D. 40 ( tj-~ 
39. Maine Medical Use of Cannabis Act. "Maine Medical Use of Cannabis Act" 
means the program established in Title 22, chapter 558-C. 
40. Manufacturing or manufacture. "Manufacturing" or "manufacture" means the 
production, blending, infusing, compounding or other preparation of cannabis and cannabis 
products, including, but not limited to, cannabis extraction or preparation by means of 
chemical synthesis. "Manufacturing" or "manufacture" does not include cultivation or 
testing. 
41. Mature cannabis plant. "Mature cannabis plant" means a cannabis plant that is 
flowering. "Mature cannabis plant" does not include hemp as defined in Title 7. section 
2231, subsection 1-A. paragraph D. 
42. Minor. "Minor" means a person who has not attained 21 years of age. 
43. Mother plant. "Mother plant" means a cannabis plant that is used solely for the 
taking of seedling cuttings. "Mother plant" does not include hemp as defined in Title 7, 
section 2231, subsection 1-A. paragraph D. 
44. Municipality. "Municipality" means a city, town or plantation in this State that is 
not located within the unorganized and deorganized areas. 
45. Office. "Office" means the Office of Cannabis Policy established in section 104-A 
within the department. 
46. Permitted premises for a specified event. "Permitted premises for a specified 
event" means the premises described in a specified event permit issued to a cannabis store 
pursuant to section 504-A where a cannabis store is authorized to sell adult use cannabis 
and adult use cannabis products. 
47. Person. "Person" means a natural person or a business entity. 
48. Plan of record. "Plan of record" means, as applicable, a licensee's current facility 
plan and the operating, cultivation and security information listed in the licensee's 
application for a conditional or active license on file with and approved by the office. 
49. Plant canopy. "Plant canopy" means the total surface area within the licensed 
premises of a cultivation facility that is authorized by the office for use at any time by the 
cultivation facility licensee to cultivate mature cannabis plants. The surface area of the 
plant canopy must be calculated in sguare feet and measured using the outside boundaries 
of the area and must include all of the area within the boundaries. If the surface area of the 
plant canopy consists of noncontiguous areas, each component area must be separated by 
identifiable boundaries. If a tiered or shelving system is used by the cultivation facility 
licensee, the surface area of each tier or shelf must be included in calculating the area of 
the plant canopy. Calculation of the area of the plant canopy may not include the areas 
within the licensed premises of a cultivation facility that are used by the licensee to cultivate 
immature cannabis plants and seedlings and that are not used by the licensee at any time to 
cultivate mature cannabis plants. 
50. Principal. "Principal" means: 
A A natural person operating as a sole proprietor; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "1n S.P. 32, L.D. 40($ 7=flj 
B. The officers of a corporation organized pursuant to Title 13-C who have authority 
to manage, direct or oversee the applicant's or licensee's operations, if the applicant or 
licensee is a corporation; 
C. The directors of a corporation organized pursuant to Title 13-C, if the applicant or 
licensee is a corporation; 
D. The shareholders of a corporation organized pursuant to Title 13-C, if no officers or 
directors are appointed and the applicant or licensee is a corporation; 
E. The general or limited partners of a partnership organized under Title 31, chapter 
19, if the applicant or licensee is a partnership; 
F. The nonmember managers or managing members of a limited liability company 
organized under Title 31, chapter 21, if the applicant or licensee is organized as a 
limited liability company; and 
G. Any other natural person to whom the applicant or licensee has given authority to 
manage, direct or oversee the applicant's or licensee's operations. 
If an officer, director, shareholder, partner, manager or member under paragraph B, C, D, 
E or F is a business entity, "principal" means any natural person to whom the business 
entity has given authority to manage, direct or oversee the applicant's or licensee's 
operations. 
"Principal" does not include those persons whose managerial responsibilities are limited to 
staff supervision and who are not authorized to act on behalf of the applicant or licensee. 
For purposes of this subsection, "operations" does not include human resources, 
information technology, marketing or accounting and finance. 
51. Products manufacturing facility. "Products manufacturing facility" means a 
facility licensed under this chapter to purchase adult use cannabis from a cultivation facility 
or another products manufacturing facility; to manufacture, label and package adult use 
cannabis and adult use cannabis products; and to sell adult use cannabis and adult use 
cannabis products to cannabis stores and to other products manufacturing facilities. 
52. Propagation. "Propagation" means the process of reproducing cannabis plants 
through the use of cannabis seeds, cuttings or grafting. 
53. Qualifying patient. "Qualifying patient" means a person who possesses a valid 
certification for the medical use of cannabis pursuant to Title 22, section 2423-B. 
54. Registered caregiver. "Registered caregiver" has the same meaning as in Title 
22. section 2421-A, subsection 40. 
55. Registered dispensary. "Registered dispensary" has the same meaning as in Title 
22, section 2421-A, subsection 41. 
56. Sale or sell. "Sale" or "sell" means a transfer or delivery of cannabis or cannabis 
7 
products for consideration. 
57. Sample. "Sample" means: 
A. An amount of adult use cannabis or an amount of an adult use cannabis product 
provided to a testing facility by a cannabis establishment or other person for testing or 
research and development purposes pursuant to subchapter 6; 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 (5-1:fJ) 
B. An amount of adult use cannabis or an amount of an adult use cannabis product 
collected from a licensee by the office for the pm.:poses of testing the cannabis or 
cannabis product for product quality control purposes pursuant to section 512, 
subsection 2; 
C. An amount of adult use cannabis provided by a cultivation facility to another 
licensee for business or marketing purposes pursuant to section 501, subsection 8; 
D. An amount of adult use cannabis or an amount of an adult use cannabis product 
provided to another licensee by a products manufacturing facility for business or 
marketing purposes pursuant to section 502, subsection 6; 
E. An amount of adult use cannabis or an amount of an adult use cannabis product 
collected by a sample collector licensee and provided to a testing facility for testing 
pursuant to section 503-A; or 
F. An amount of adult use cannabis or an amount of an adult use cannabis product 
provided to a consumer pursuant to section 504, subsection 12. 
58. Sample collector. "Sample collector" means a person licensed under this chapter 
to collect samples of cannabis and cannabis products for testing and to transport and deliver 
those samples to a testing facility for testing. 
59. Seedling. "Seedling" means a cannabis plant or rooted cutting that is: 
A. Not flowering; 
B. Less than 24 inches in height; and 
C. Less than 24 inches in width. 
60. Specified event. "Specified event" means an event that occurs outside the licensed 
premises of a cannabis store that is not conducted primarily for the benefit or enjoyment of 
individuals under 21 years of age and that is not more than 10 consecutive days in duration 
or 10 occurrences in duration. For purposes of this subsection, "occurrence" means an 
event that is less than 24 hours in duration and that occurs during the same calendar year 
as another occurrence. 
61. 
Specified event permit. 
"Specified event permit" means a temporary 
authorization for a cannabis store to conduct sales of adult use cannabis and adult use 
cannabis products on the permitted premises for a specified event in accordance with 
section 504-A. 
62. Tamper-evident. "Tamper-evident" means, with respect to a device or process, 
bearing a seal, a label or a marking that makes unauthorized access to or tampering with a 
package, product or container easily detectable. 
63. Testing or test. "Testing" or "test" means the research and analysis of cannabis, 
cannabis products or other substances for contaminants, safety or potency. "Testing" or 
"test" includes the collection of samples of cannabis and cannabis products for testing 
purposes, but does not include cultivation or manufacturing. 
64. Testing facility. "Testing facility" means a facility licensed under this chapter to 
develop, research and test cannabis, cannabis products and other substances. 
65. THC. "THC" means tetrahydrocannabinol. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 / S-ld/) 
66. Universal symbol. "Universal symbol" means an image developed by the office, 
and made available to licensees, that indicates that a container, package or product contains 
cannabis or contains or is a cannabis product. 
67. Unorganized and deorganized areas. "Unorganized and deorganized areas" has 
the same meaning as in Title 12, section 682, subsection 1. 
68. Visibly intoxicated. "Visibly intoxicated" means in a state of intoxication 
accompanied by a perceptible act, a series of acts or the appearance of an individual that 
clearly demonstrates the state of intoxication. 
Sec. B-4. 28-B MRSA §104, as enacted by PL 2017, c. 409, Pt. A, §6 and amended 
by PL 2021, c. 669, §5, is repealed. 
Sec. B-5. 28-B MRSA §104-A is enacted to read: 
§104-A. Office of Cannabis Policy 
The Legislature finds cannabis to be an emerging agricultural and manufacturing 
industry in the State contributing to the State's overall economy. 
The Legislature further finds that a well-regulated cannabis industry remains the most 
effective tool in diminishing the impact of illicit-market cannabis activity within the State. 
For these purposes, the Office of Cannabis Policy is established within the Department 
of Administrative and Financial Services and is maintained for the administration and 
enforcement of this Act and the Maine Medical Use of Cannabis Act. 
Sec. B-6. 28-B MRSA §104-B is enacted to read: 
§104-B. Director of the Office of Cannabis Policy 
The Director of the Office of Cannabis Policy, referred to in this chapter as "the 
director, 
may employ personnel as necessary to implement, administer and enforce this 
chapter and the rules adopted pursuant to this chapter and the Maine Medical Use of 
Cannabis Act and the rules adopted pursuant to that Act. 
1. Duties. The director shall: 
A. Promote the health and well-being of the people of the State and advance policies 
that protect public health and safety, emphasizing the health and well-being of minors, 
as priority considerations in performing all duties, including those listed in this 
subsection; 
B. Ensure that the administration of the laws of and the rules adopted pursuant to this 
Act and the Maine Medical Use of Cannabis Act is consistent, predictable and 
equitable; 
C. Ensure that qualifying patients maintain access to high-quality, effective and 
affordable cannabis for medical use under the Maine Medical Use of Cannabis Act; 
and 
D. Develop good faith partnerships between the office and licensees. 
Sec. B-7. 28-B MRSA §104-C is enacted to read: 
§104-C. Rulemaking; consultation 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 ( $ 1~if) 
The office may adopt rules necessary to implement, administer and enforce this 
chapter. Except as otherwise provided in this chapter, all rules adopted pursuant to this 
chapter are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Notwithstanding Title 5, section 8072, subsection 11, rules provisionally adopted by the 
office pursuant to this chapter and submitted for legislative review may not be finally 
adopted by the office unless legislation authorizing final adoption is enacted into law. 
The office shall consult with the Department of Agriculture, Conservation and Forestry 
prior to the adoption of rules concerning the regulation of the cultivation, manufacture and 
testing of adult use cannabis and adult use cannabis products at cultivation facilities, 
products manufacturing facilities and testing facilities: the regulation of cannabis clones 
and cannabis plants: the use of pesticides, fungicides and herbicides in cultivation; the 
imposition of limits on the concentration of THC and other cannabinoids per serving in 
adult use cannabis products: odor control standards, sanitary standards, refrigeration 
requirements and storage and warehousing standards for licensees: and the regulation of 
the preparation, manufacture, testing, labeling and packaging of adult use cannabis and 
adult use cannabis products. 
The office shall consult with the Department of Labor prior to the adoption of rules 
concerning workplace, employment or other labor matters involved in the regulation of 
adult use cannabis and adult use cannabis products under this chapter. 
The office shall consult with the Department of Public Safety prior to the adoption of 
rules concerning public safety or law enforcement matters involved in the regulation of 
adult use cannabis and adult use cannabis products under this chapter. 
• 
The office shall consult with the Department of Health and Human Services prior to 
the adoption of rules concerning public health matters involved in the regulation of adult 
use cannabis and adult use cannabis products under this chapter, including rules regarding 
testing, labeling and packaging adult use cannabis and adult use cannabis products. 
Sec. B-8. 28-B MRSA § 105, first 1, as amended by PL 2023, c. 3 96, § 1, is further 
amended to read: 
The departmeH:t office shall implement and administer a system, referred to in this 
section as "the tracking system," for the tracking of cannabis plants, adult use cannabis and 
adult use cannabis products from immature cannabis plant to the point of retail sale, return, 
disposal or destruction. The tracking system must allow for cannabis plants at the stage of 
cultivation and upon transfer from the stage of cultivation to another licensee to be tracked 
by group. The departmeH:t office may implement a tracking system that allows adult use 
cannabis or adult use cannabis products to be tracked by group. 
Sec. B-9. 28-B MRSA §105, 2nd 1, as amended by PL 2023, c. 396, §2, is further 
amended to read: 
The departHl:eRt office shall ensure that the system implemented and administered 
under this section, whether tracking individually or by group, maintains a detailed record 
at every stage from immature cannabis plant to the point of retail sale, return, disposal or 
destruction. 
Sec. B-10. 28-B MRSA §105, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is repealed and the following enacted in its place: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A-" to S.P. 32, L.D. 40 (s~/ifi) 
1. Data submission requirements. The tracking system must allow licensees to 
submit tracking data for adult use cannabis or adult use cannabis products to the office. 
The tracking system must permit licensees to submit all required tracking data through 
manual data entry or through the use of software that connects to the tracking system 
maintained by the office through an application program interface, including without 
limitation point-of-sale system software. Nothing in this subsection may be construed to 
permit the submission of required tracking data using an application program interface that 
cannot transmit all required data to the tracking system required by the office. 
Sec. B-11. 28-B MRSA §105, sub-§1-B, as enacted by PL 2021, c. 628, §1 and 
amended by c. 669, §5, is further amended to read: 
1-B. Tagging. A licensee shall affix a tag containing the identifying information 
required by the departmeR-t by office under this chapter or rule adopted pursuant to this 
chapter to each group of cannabis plants tracked under this section. The departmeR-t office 
may not require cannabis plants that are being tracked as a group to be individually affixed 
with a tag during cultivation or transfer to another licensee. 
Sec. B-12. 28-B MRSA §105, sub-§1-C, as enacted by PL 2021, c. 628, §1 and 
amended by c. 669, §5, is further amended to read: 
1-C. Group transfers. When a group of cannabis plants tracked under this section is 
transferred to another licensee, the licensee transferring the group of cannabis plants must 
provide a manifest that lists every cannabis plant within the group and any other relevant 
information required by the departmeR-t office by rule. 
Sec. B-13. 28-B MRSA §105, sub-§2, as amended by PL 2021, c. 628, §1 and 
amended by c. 669, §5, is further amended to read: 
2. Rules. The departmeR-t office shall adopt rules regarding the implementation and 
administration of the tracking system and tracking requirements for licensees. Rules 
adopted under this section must include, but are not limited to, the following: 
A. Record-keeping requirements for the tracking of cannabis plants when tracked 
individually and when tracked by group; and 
B. Record-keeping requirements necessary to ensure the departmeR-t's office's ability 
to implement a recall for reasons related to health and safety when tracking cannabis 
plants individually or by group. 
Sec. B-14. 28-B MRSA §106, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read: 
§106. Individual identification cards 
5 
The departmeR-t office shall issue individual identification cards to natural persons 
licensed under this chapter and, upon the request of a licensee, shall issue individual 
7 
identification cards to ov,rH:efs, offieefs, ffiaH:agefs principals, contractors, employees or 
8 
other support staff of the licensee who meet the requirements of this section for the issuance 
of an individual identification card. 
1. Rules. The departmeR-t office shall adopt rules regarding the requirements for and 
issuance aH:d fofffl:a-t of aad the HHOfffiatioH: to be iaeluded ea and use of individual 
identification cards issued pursuant to this section. 
COMMITTEE AMENDMENT 
ROS 
COMMITIEE ~MENT "A "to S.P. 32, L.D. 40 ( ~--iii) 
1-A. Information and format; validity. An individual identification card issued 
pursuant to this section must include: 
A. The full name and date of birth of the licensee: 
B. A photograph of the licensee; 
C. The date of issuance and expiration date of the identification card: and 
D. A randomly generated unique identification number. 
An individual identification card is valid for 2 years from the issue date, remains the 
property of the office and must be returned to the office upon demand. A person may not 
alter, obscure, damage or deface an individual identification card. To be valid, an individual 
identification card must be in good condition with all original markings and information 
clearly legible. 
2. Criminal history record check for principals. Prior to issuing or renewing an 
individual identification card to a natural person plli'suant to this seetion who is a principal, 
the depar.,ment office shall require the person to submit to a criminal history record check 
in accordance with section 204 every 2 years. A principal who has been convicted of a 
disqualifying drug offense at any time within the 2-year period must report the conviction 
to the office within 2 business days of the conviction. The licensee must be provided an 
opportunity to remove the principal or transfer the principal's ownership interests pursuant 
to section 210. 
3. Criminal history record check for employees not required. A contractor, 
employee or other support staff of the licensee is not required to submit to a criminal history 
record check pursuant to section 204 prior to the issuance of an individual identification 
card by the office. 
Sec. B-15. 28-B MRSA §107, as enacted by PL 2017, c. 409, Pt. A, §6 and amended 
by PL 2021, c. 669, §5, is further amended to read: 
§107. Collection and analysis of public health and safety data 
The department office shall develop programs or initiatives to facilitate the collection 
and analysis of data regarding the effects of the use of cannabis in the State, including, but 
not limited to, youth and adult cannabis use; school suspension and discipline relating to 
the use of cannabis; poison center calls, emergency department visits and hospitalizations 
relating to the use of or exposure to cannabis; operating under the influence citations or 
arrests relating to the use of cannabis; motor vehicle accidents, including information on 
fatalities, relating to the use of cannabis; violent crime relating to the use of cannabis 
generally; violent crime and property crime relating to the regulated and unregulated adult 
use cannabis markets; and cannabis-related citations or arrests. The department office may 
adopt rules to implement this section. 
Sec. B-16. 28-B MRSA §108, as amended by PL 2021, c. 645, §1 and c. 669, §5, 
is further amended to read: 
§108. Public health and safety programs 
The department office shall develop and implement or facilitate the development and 
implementation by a public or private entity of: programs, initiatives and campaigns 
focused on increasing the awareness and education of the public on health and safety 
COMMITTEE AMENDMENT 
COMMITTEE ~NDMENT" 4" to S.P. 32, L.D. 40 (!/ 7 D ~ 
matters and focused on addressing public and behavioral health needs relating to the use of 
cannabis and cannabis products, including, but not limited to, programs, initiatives and 
campaigns focused on preventing and deterring the use of cannabis and cannabis products 
by persons 1:lnder 21 years of age minors; and public and behavioral health programs and 
services related to the use of cannabis and cannabis products, including, but not limited to, 
evidence-based substance use disorder prevention and treatment programs, early 
intervention services and grants for schools or community-based organizations that provide 
programs for youth substance use disorder education and prevention as described under 
Title 5, chapter 521. Programs, initiatives and campaigns developed and implemented 
pursuant to this section may be funded with revenue from the Adult Use Cannabis Public 
Health and Safety and Municipal Opt-in Fund established in section 1101. The departmeH-t 
office may adopt rules to implement this section. 
Sec. B-17. 28-B MRSA §109, as amended by PL 2021, c. 645, §2 and c. 669, §5, 
is further amended to read: 
§109. Enhanced training for criminal justice agencies and municipalities 
The departmeH-t office shall develop and implement or facilitate the development and 
implementation by a public or private entity of programs or initiatives providing enhanced 
training for criminal justice agencies and municipal officers and employees in the 
requirements and enforcement of this chapter and the rules adopted pursuant to this chapter, 
including, but not limited to, programs providing grants to regional or local criminal justice 
agencies or municipalities to train law enforcement officers and, if applicable, municipal 
officers and employees in inspections, investigations, searches, seizures, forfeitures and 
personal use and home cultivation allowances under this chapter and chapter 3 and the rules 
adopted pursuant to this chapter; in drug recognition procedures and the general 
enforcement of the State's motor vehicle laws relating to the use of cannabis; and in 
restorative justice, jail diversion, cannabis industry-specific technical assistance and 
mentoring for economically disadvantaged persons in communities disproportionately 
affected by high rates of arrest and incarceration for cannabis-related offenses. Training 
programs or initiatives developed and implemented pursuant to this section may be funded 
with revenue from the Adult Use Cannabis Public Health and Safety and Municipal Opt-in 
Fund established in section 1101. The departmeH-t office may adopt rules to implement this 
section. 
Sec. B-18. 28-B MRSA §111, first 1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
5 
A state, county or local agency or department, including, but not limited to, the 
de:partment office and a criminal justice agency, may not: 
Sec. B-19. 28-B MRSA §113, 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. Report required. By February 15, ~ 
2025, and annually thereafter, the 
de:partment office shall submit a report to the joint standing committee of the Legislature 
having jurisdiction over adult use cannabis matters as provided in this section. 
Sec. B-20. 28-B MRSA §113, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
COMMITTEE AMENDMENT 
ROS 
I 
COMMITTEE AMENDMENT 'A "to S.P. 32, L.D. 40 ( ~--riij) 
2. Report contents. The report required under subsection 1 must, at a minimum, 
include the following information: 
A. The number of applications for each type of license submitted to the def)artmeHt 
office pursuant to this chapter during the prior calendar year, including, if applicable, 
the number of applications for license renewals, and the number of each type of license 
conditionally approved by the def)artffient office during the prior calendar year; 
B. The total number of each type of active license issued by the deJ3artm:eHt office 
pursuant to this chapter in the prior calendar year following local authorization of a 
conditionally approved licensee; 
C. The total square footage of plant canopy approved by the departm:eHt office for 
active cultivation facilities licensed in the prior calendar year, the percentage of active 
cultivation facility licenses by cultivation tier and, if applicable, the number of 
approved increases in the maximum plant canopy allowed under a tier 4 cultivation 
facility license in the prior calendar year pursuant to section 304; 
D. The total amount of application fees and license fees collected pursuant to this 
chapter and the total amount of the excise and sales tax revenue collected on the sale 
of adult use cannabis and adult use cannabis products during the prior calendar year; 
E. An overview of current adult use cannabis-related staffing at the department office 
and the cost to the departmeHt office to regulate the adult use cannabis industry in the 
State during the prior fiscal year and cost projections for the upcoming fiscal year; 
F. The total reported volume and value of adult use cannabis cultivated and sold by all 
cultivation facilities in the prior calendar year, when available; 
G. The total reported volume and value of adult use cannabis and adult use cannabis 
products sold by all cannabis stores in the prior calendar year, when available; 
H. The number of inspections of the licensed premises of licensees performed by the 
departmeHt office during the prior calendar year and the results of those inspections, 
including, but not limited to, the number of inspections resulting in license violations 
and the percentage of all licensees inspected during the prior calendar year; 
I. The number of license violations committed by licensees during the prior calendar 
year and a breakdown of those violations into specific categories based on the type of 
violation and the outcome of the violation, including, but not limited to, the total 
amount of monetary penalties imposed and collected by the dOfJartffieHt office and the 
percentage of total license violations resulting in the imposition of a monetary penalty, 
license suspension or license revocation; 
J. Public health and safety data collected, received or analyzed by the departmeHt 
office pursuant to section 107 in the prior calendar year; tffid 
K. Recommendations, including any suggested legislation, to address any issues with 
the regulation of the adult use cannabis industry in the State encountered by the 
departmeHt office in the prior calendar year-:: and 
L. 
A detailed account of income and expenditures for the Adult Use Cannabis 
Regulatory Coordination Fund established in section 1102 and the Adult Use Cannabis 
Public Health and Safety and Municipal Opt-in Fund established in section 1101. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A-" to S.P. 32, L.D. 40 (S/~ 
Sec. B-21. 28-B MRSA §201, as amended by PL 2019, c. 676, §5 and PL 2021, c. 
669, §5, is further amended to read: 
§201. License process; license types 
The departmeBt office, upon receipt of an application in the prescribed fonn that meets 
all applicable requirements for licensure under this chapter and the rules adopted pursuant 
to this chapter, shall issue to the applicant a conditional license to operate one or more of 
the following types of cannabis establishments or shall deny the application in accordance 
with section 206: 
1. Cultivation facility. Consistent with the requirements and restrictions of section 
205, subsection 2, paragraph A and subchapter 3, a cultivation facility license; 
2. Testing facility. Consistent with the requirements and restrictions of section 205, 
subsection 2, paragraph B and section 503, subsection 2, a testing facility license; 
3. Products manufacturing facility. A products manufacturing facility license; 
4. Cannabis store. Consistent with the restrictions of section 205, subsection 2, 
paragraph C, a cannabis store license; or 
5. Sample collector. Consistent with the requirements and restrictions of section 205, 
subsection 2, paragraph Band section 503-A, a sample collector license. 
Except as provided in section 205, the departmem office may not impose any limitation 
on the number of each type of license that it issues to a qualified individual applicant or on 
the total number of each type of license that it issues to qualified applicants pursuant to this 
chapter. 
Sec. B-22. 28-B MRSA §202, first 1, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
An applicant for a license to operate a cannabis establishment must meet each of the 
following requirements, if applicable. Except as otherwise provided in this section, if the 
applicant is a business entity, every offieer, direetor, ffHma-ger and general part:Rer principal 
of the business entity must meet each of the requirements of this section. An applicant 
shall disclose in or include with its application the names and addresses of the applicant 
and all natural persons and business entities having a direct or indirect fmancial interest in 
0 
the applied-for license and the nature and extent of the financial interest held by each person 
or entity and, if applicable, the nature and extent of any fmancial interest the person or 
entity has in any other license applied for or issued under this chapter. 
Sec. B-23. 28-B MRSA §202, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
5 
1. Age. The applicant must be at least 21 years of age. If the applicant is a business 
entity, every offieer, direetor, manager and general part:Rer principal of the business entity 
7 
must be at least 21 years of age. 
Sec. B-24. 28-B MRSA §202, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6, is 
repealed. 
Sec. B-25. 28-B MRSA §202, sub-§12, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A- ,, to S.P. 32, L.D. 40 Cs -1Dt 
12. Compliance with application process; no false statement of material fact. The 
applicant must have completed all application forms required by the depamneB-t office fully 
and truthfully and complied with all information requests of the departme:H-t office relating 
to the license application. A license may not be issued to an applicant that has knowingly 
or recklessly made any false statement of material fact to the departmeB-t office in applying 
for a license under this chapter. The depamneB-t office shall revoke the license of a licensee 
pursuant to subchapter 8 if, subsequent to the issuance of the license, the depamnent office 
determines that the licensee knowingly or recklessly made a false statement of material fact 
to the departffieB-t office in applying for the license. 
Sec. B-26. 28-B MRSA §203, first 1, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
An applicant for a license to operate a cannabis establishment shall submit, and the 
depamne:H-t office shall consider in determining whether to grant the license, the following 
additional information. If the applicant is a business entity, the applicant must submit the 
information required by this section for every officer, director, manager and general partner 
principal of the business entity. 
Sec. B-27. 28-B MRSA §203, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
repealed. 
Sec. B-28. 28-B MRSA §204, first 1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
The depamneB-t office shall request a criminal history record check for each applicant 
for a an initial license under this chapter and may at any time req-l¼ire a liceasee to sl:lbmit 
to a crimmal history record check in accordance with this seetion and for each licensee 
evety 2 years thereafter. If the applicant or licensee is a business entity, every offieer, 
director, manager and general partner principal of the business entity is required to submit 
to a criminal history record check in accordance with this section. A criminal history record 
check conducted pursuant to this section 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. 
Sec. B-29. 28-B MRSA §204, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
4. Fees. The depamneat office shall by rule set the amount of the fee to be paid by an 
individual under subsection 3 for each criminal history record check required to be 
performed under this section. 
Sec. B-30. 28-B MRSA §204, sub-§6, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
6. Use of criminal history record information. State and national criminal history 
8 
record information obtained by the depamneB-t office under this section may be used only 
for the purpose of screening an applicant for a license or a licensee under this chapter or as 
necessary for the issuance of an individual identification card under section 106. 
Sec. B-31. 28-B MRSA §204, sub-§7, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
COMMITTEE AMENDMENT 
' 
COMMITTEE AMENDMENT':,} "to S.P. 32, L.D. 4o(S-7b9) 
7. 
Confidentiality. 
All criminal history record information obtained by the 
department office pursuant to this section is confidential, is for the official use of the 
department office only and may not be disseminated outside of the department office or 
disclosed to any other person or entity except as provided in subsection 5. 
Sec. B-32. 28-B MRSA §204, sub-§8, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
8. Rules. The department office, after consultation with the Department of Public 
Safety, Bureau of State Police, State Bureau of Identification, shall adopt rules to 
implement this section. 
0 
Sec. B-33. 28-B MRSA §205, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
1. Forms; payment of fees. An applicant shall file an application on forms prepared 
and furnished by the department office for the type of license sought along with the 
appropriate application fee as determined by the department office pursuant to section 207. 
The office may implement and maintain an online portal to receive applications and accept 
application fees electronically. 
Sec. B-34. 28-B MRSA §205, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
3. Issuance of conditional license. Within 90 days of receipt of an application for a 
license to operate a cannabis establishment or for renewal of an existing license to operate 
a cannabis establishment, the department office either shall issue to the applicant a 
conditional license to operate the cannabis establishment if the applicant meets all 
applicable requirements for licensure under this chapter and the rules adopted pursuant to 
this chapter or shall deny the application in accordance with section 206. 
A. A licensee that has been issued a conditional license by the department office may 
not engage in the cultivation, manufacture, testing or sale of adult use cannabis or adult 
use cannabis products until the department office has issued an active license to the 
licensee pursuant to subsection 4. 
B. A conditional license issued by the department office pursuant to this subsection is 
effective for a period of one year from the date of issuance and may not be renewed. 
If a licensee issued a conditional license by the department office fails to obtain an 
active license from the department office pursuant to subsection 4 within one year from 
the date of issuance of the conditional license, the conditional license expires. 
Sec. B-35. 28-B MRSA §205, sub-§4, as amended by PL 2021, c. 226, §5 and c. 
669, §5, is further amended to read: 
4. Issuance of active license upon certification of local authorization and payment 
of applicable license fee. Except as otherwise provided in this subsection, the department 
8 
office shall issue an active license to an applicant that has been issued a conditional license 
9 
pursuant to subsection 3 and that meets all applicable requirements of this subsection. Prior 
to issuance of an active license pursuant to this subsection, the department office shall 
require an applicant that has been issued a conditional license to submit information 
necessary for the department office to determine that the applicant continues to meet all 
applicable requirements for conditional licensure under this subchapter. The departmeat 
COMMITTEE AMENDMENT 
COMMITIBE ~MENT "A""' S.P. 32, L.D. 40 ( s-1oq) I 
office may refuse to issue an active license to an applicant if the department office 
determines that the applicant no longer meets all applicable requirements for conditional 
licensure under this subchapter. 
A. Within 10 days of receiving certification of local authorization from a municipality 
as required by section 402, subsection 3, paragraph B or, in the case of a cannabis 
establishment to be located in the unorganized and deorganized areas, from the Maine 
Land Use Planning Commission as required by section 403, subsection 3, paragraphs 
B and C, the department office shall notify the applicant that ce1tification of local 
authorization has been confirmed and that, in order for the departmeH-t office to issue 
an active license, the applicant must: 
(1) Pay the applicable license fee required pursuant to section 207; 
(2) Submit a facility plan that specifies the location, size and layout of the cannabis 
establishment within the municipality or, in the case of a cannabis establishment 
to be located in the unorganized and deorganized areas, within the town, plantation 
or township in which the cannabis establishment will be located; 
(3) If the application is for a license to operate a cultivation facility, submit updated 
operating and cultivation plans as required under section 302 based upon the actual 
premises to be licensed, except that, if no changes to the original operating and 
cultivation plans submitted by the applicant are necessary based upon the actual 
premises to be licensed, then the applicant may satisfy this requirement by 
resubmitting the original operating and cultivation plans and noting on those plans 
that no changes are necessary; 
( 4) If the application is for any license except a sample collector license or a license 
to operate a testing facility, register with the State Tax Assessor pursuant to Title 
36, section 1754-B to collect and remit the sales tax on the sale of adult use 
cannabis and adult use cannabis products imposed under Title 36, section 1811; 
and 
(5) If the application is for a license to operate a cultivation facility, register with 
the State Tax Assessor pursuant to Title 36, section 4922 to collect and remit the 
excise tax on the sale of adult use cannabis imposed under Title 36, chapter 723. 
B. The department office shall prepare and furnish to applicants, municipalities and 
the Maine Land Use Planning Commission a certification form by which the 
municipality may certify to the department office that the applicant has obtained local 
authorization as required by section 402, subsection 3, paragraph B or, in the case of a 
cannabis establishment to be located in the unorganized and deorganized areas, the 
Maine Land Use Planning Commission may certify to the department office that the 
applicant has obtained local authorization as required by section 403, subsection 3, 
paragraphs B and C. Notwithstanding any provision of this chapter to the contrary, 
applicants for a sample collector license are not required to seek local authorization 
prior to issuance of an active license by the departmeH-t office but must submit all other 
information required by the departmeH-t office under this chapter and the rules adopted 
pursuant to this chapter. 
C. Upon receipt of payment of the applicable license fee and any other documentation 
required under paragraph A, the department office shall issue an active license to the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "It-" to S.P. 32, L.D. 40 ts-7cit). 
applicant. The license must specify the date of issuance of the license, the period of 
licensure, the date of expiration of the license, the name of the licensee and the address 
of the licensed premises. 
Sec. B-36. 28-B MRSA §205, sub-§5, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
5. Each license separate. Each license issued by the department office to an applicant 
under this chapter is separate and distinct from any other license issued by the department 
office to that same applicant under this chapter. A person must obtain a separate license 
under this chapter for each proposed geographical location of any type of cannabis 
establishment. 
Sec. B-37. 28-B MRSA §205, sub-§6, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
6. Licensee must maintain possession of premises. As a condition of licensure, a 
licensee must at all times maintain possession of the licensed premises of the cannabis 
establishment that the licensee is licensed to operate, whether pursuant to a lease, rental 
agreement or other arrangement for possession of the premises or by virtue of ownership 
of the premises. If a licensee fails to maintain possession of the licensed premises, the 
licensee shall immediately cease all activities relating to the operation of the cannabis 
establishment and may apply to the d~artment office for relocation of the licensed 
premises pursuant to section 211 or may terminate its license pursuant to section 212. 
Sec. B-38. 28-B MRSA §206, as enacted by PL 2017, c. 409, Pt. A, §6 and amended 
by PL 2021, c. 669, §5, is further amended to read: 
§206. Denial of license 
1. Denial for good cause. The d~artment office, for good cause, may deny an 
application for an initial license, a license renewal, a transfer of ownership interests or a 
relocation of licensed premises. Denial of an application by the department office pursuant 
to this section constitutes a final agency action as defined in Title 5, section 8002, 
subsection 4. 
2. Good cause defined. As used in this section, "good cause" means a finding by the 
d~artmeat office that: 
A. An applicant or licensee has violated, does not meet or has failed to comply with 
any of the terms, eoaditioas or provisions of this chapter, the rules adopted pursuant to 
this chapter or any other applicable state or local law, rule or regulation; or 
B. An applicant or licensee has failed to comply with any special terms, consent decree 
or conditions placed upon the previously issued license pursuant to an order of the 
d~artmeat office; the municipality in which the licensed premises are located; the 
town or plantation in the unorganized and deorganized areas in which the licensed 
premises are located; in the case of a township in the unorganized and deorganized 
areas in which the licensed premises are located, the county commissioners of the 
county in which the township is located; or, in the case of a cannabis establishment 
located in the unorganized and deorganized areas, the Maine Land Use Planning 
Commission. 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT"/+-" to S.P. 32, L.D. 40 {.&-7 DV 
3. Notification of denial and right to appeal. Upon the dep(¼fffi}ent's office's 
determination to deny a license application, the department office shall notify the applicant 
in writing of the denial, the basis for the denial and the applicant's right to appeal the denial 
to the Superior Court in accordance with Rule SOC of the Maine Rules of Civil Procedure. 
Sec. B-39. 28-B MRSA §207, as amended by PL 2019, c. 676, §8 and PL 2021, c. 
669, §5, is further amended to read: 
§207. Application fees; license fees 
The dep(¼fffi}ent office, in accordance with the provisions of this section, shall adopt by 
rule a licensing fee schedule establishing fees that are designed to meet, but not to exceed, 
the estimated licensing, enforcement and administrative costs of the department; office 
under this chapter. 
1. Fees for cultivation facilities. For a cultivation facility license, the department 
office shall require payment of an application fee and a license fee as follows: 
A. For a tier 1 cultivation facility license, as described in section 301, subsection 1, an 
application fee of $100 and a license fee as follows: 
(1) If the applicant has applied for a plant-count-based tier 1 cultivation facility 
license as described in section 301, subsection 1, paragraph A, a license fee of not 
more than $9 per mature cannabis plant for an outdoor cultivation facility and not 
more than $17 per mature cannabis plant for an indoor cultivation facility or a 
cultivation facility with both indoor and outdoor cultivation areas; or 
(2) If the applicant has applied for a plant-canopy-based tier 1 cultivation facility 
license as described in section 301, subsection 1, paragraph B, a license fee of not 
more than $250 for an outdoor cultivation facility and not more than $500 for an 
indoor cultivation facility or a cultivation facility with both indoor and outdoor 
cultivation areas; 
B. For a tier 2 cultivation facility license, as described in section 301, subsection 2, an 
application fee of $500 and a license fee of not more than $1,500 for an outdoor 
cultivation facility and not more than $3,000 for an indoor cultivation facility or a 
cultivation facility with both indoor and outdoor cultivation areas; 
C. For a tier 3 cultivation facility license, as described in section 301, subsection 3, an 
application fee of $500 and a license fee of not more than $5,000 for an outdoor 
cultivation facility and not more than $10,000 for an indoor cultivation facility or a 
cultivation facility with both indoor and outdoor cultivation areas; 
D. For a tier 4 cultivation facility license, as described in section 301, subsection 4, an 
application fee of $500 and a license fee of not more than $15,000 for an outdoor 
cultivation facility and not more than $30,000 for an indoor cultivation facility or a 
cultivation facility with both indoor and outdoor cultivation areas, except that, for a tier 
cultivation facility license for which an increased amount of licensed plant canopy 
has been approved by the department; office pursuant to section 304, for each approved 
increase in the amount of licensed plant canopy, the dep(¼fffi}ent office may increase 
the maximum license fee by not more than $5,000 for an outdoor cultivation facility 
and by not more than $10,000 for an indoor cultivation facility or a cultivation facility 
with both indoor and outdoor cultivation areas; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 { s-76~ 
E. For a nursery cultivation facility license, as described in section 301, subsection 5, 
an application fee of $60 and a license fee of $350. 
2. Fees for products manufacturing facilities and cannabis stores. For a products 
manufacturing facility license or a cannabis store license, the department office shall 
require payment of an application fee of $250 and a license fee of not more than $2,500. 
3. Fees for testing facilities. For a testing facility license, the department office shall 
require payment of an application fee of $250 and a license fee of not more than $1,000. 
3-A. Fees for sample collectors. For a sample collector license, the department office 
shall require payment of an application fee of $100 and a license fee of not more than $25 0. 
4. Payment of fees; fees to be deposited into Adult Use Cannabis Regulatory 
Coordination Fund. An applicant shall pay the application fee required by the department 
office at the time that the applicant submits an application for licensure to the department 
office for processing. An applicant shall pay the license fee required by the department 
office in accordance with section 205, subsection 4. All fees collected by the department 
office pursuant to this section must be deposited into the Adult Use Cannabis Regulatory 
Coordination Fund established in section 1102. 
5. Return of fees prohibited. The department office may not return to an applicant 
or licensee or reimburse an applicant or licensee for any portion of an application or license 
fee paid by the applicant or licensee, regardless of whether the applicant withdraws its 
application prior to a final decision of the department office on the application, the licensee 
voluntarily terminates its license pursuant to section 212 or the department office suspends 
or revokes the licensee's license in accordance with the provisions of subchapter 8. 
Sec. B-40. 28-B MRSA §208, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read: 
§208. License term 
An active license issued by the department office pursuant to section 205, subsection 
is effective for a period of one year from the date of issuance and may be renewed 
pursuant to section 209. 
Sec. B-41. 28-B MRSA §209, as amended by PL 2019, c. 676, §9 and PL 2021, c. 
669, §5, is further amended to read: 
§209. License renewal 
1. Notification of expiration date. Ninety days prior to the expiration of an existing 
license issued under section 205, subsection 4, the department office shall notify the 
licensee of the expiration date and the opportunity for renewal. Except as otherwise 
provided in this section, a licensee seeking to renew an existing license must file an 
application for renewal with the department office, on forms prepared and furnished by the 
department office, not less than 3 0 days prior to the date of expiration of the license. 
2. Extension for good cause shown; late applications. Notwithstanding subsection 
1, the department office may for good cause shown accept an application for renewal of an 
existing license less than 30 days prior to the date of expiration of the license upon the 
payment of a late application fee to the department office. The department office may not 
accept an application for renewal of a license after the date of expiration of that license. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 4o(S ~ 
3. Operation under expired license. A licensee that files an application for renewal 
of its existing license and pays all required fees under this section prior to the expiration of 
the license may continue to operate the cannabis establishment under that license 
notwithstanding its expiration until such time as the depa-rtm.eB-t office takes final action on 
the renewal application, except when the depa-rtm.ent office suspends or revokes the license 
in accordance with the provisions of subchapter 8 prior to taking final action on the renewal 
application. 
4. Expired license; cessation of activity and forfeiture of cannabis and cannabis 
products. Except as provided in subsection 3, a person whose license has expired shall 
immediately cease all activities relating to the operation of the cannabis establishment 
previously authorized under that license and ensure that all adult use cannabis and adult 
use cannabis products cultivated, manufactured or otherwise in the possession of the person 
pursuant to that license are forfeited to the depa-rtm.eB-t office for destruction in accordance 
with section 803. 
5. Renewal application process; fees; rules. An applicant seeking renewal of a 
license to operate a cannabis establishment mast shall pay to the departmeB-t office a 
renewal application fee or, if applicable, a late renewal application fee, and mast shall 
demonstrate continued compliance with all applicable licensing criteria under this chapter, 
including, but not limited to, obtaining local authorization as required by section 402, 
subsection 3, paragraph B or, in the case of a cannabis establishment located in the 
unorganized and deorganized areas, as required by section 403, subsection 3, paragraphs B 
and C, except that an applicant seeking renewal of a license is not required to submit to a 
criminal history record check under section 204 unless specifically required to do so by the 
departmeB-t office. 
A. The depa-rtm.eB-t office may not issue an active license to a licensee seeking renewal 
of a license until the licensee obtains local authorization as required by section 402, 
subsection 3, paragraph B or, in the case of a cannabis establishment located in the 
unorganized and deorganized areas, as required by section 403, subsection 3, 
paragraphs B and C, pays the applicable license fee required under section 207 and 
meets all other applicable requirements for the issuance of an active license under 
section 205, subsection 4. Notwithstanding any provision of this chapter to the 
contrary, a sample collector licensee is not required to seek local authorization as a 
condition for renewal of that license by the departmeB-t office but must submit all other 
information required by the departmeB-t office under this chapter and the rules adopted 
pursuant to this chapter. 
B. The departmeat office shall by rule set forth requirements for the submission, 
processing and approval of a renewal application, which must include, but are not 
limited to, setting of a reasonable renewal application fee and a reasonable late renewal 
application fee. 
Sec. B-42. 28-B MRSA §210, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read: 
§210. Transfer of ownership interests 
1. Transfer application. A licensee may apply to the departmeB-t office, on forms 
prepared and furnished by the depa-rtmeB-t office, for approval to transfer ownership 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT'A "to S.P. 32,L.D. 40 (s-,CR) 
interests in the license, including, but not limited to,. a transfer of only a portion of the 
ownership interests in the license. 
1-A. Prior notice and approval not required. If a transfer of ownership interest in 
a license does not result in a new person obtaining, or an existing person increasing an 
ownership interest in the license equal to or greater than 5%, the licensee is not required to 
obtain prior approval for the transfer from the office and the licensee may report the transfer 
of ownership interest at the time the license is renewed. Nothing in this subsection may be 
construed to allow a licensee to add an owner or increase ownership interest in violation of 
this chapter. 
2. Compliance with licensure requirements; rules. A person seeking to assume an 
ownership interest in a license pursuant to this section must demonstrate to the department 
office compliance with all applicable requirements for licensure under this chapter and the 
rules adopted under this chapter. The department office shall by rule adopt requirements 
for the submission of a license transfer application and standards for the approval of a 
license transfer application, including, but not limited to, provisions relating to local 
authorization of a transfer of ownership interests in a license. 
3. Temporary appointee. Notwithstanding any other provision of this chapter to the 
contrary, in cases of death, disability, bankruptcy, judicial dissolution or other exceptional 
circumstances, unless a court appoints a temporary appointee, the office may approve a 
temporary appointee to take possession of, operate, manage, control or wind down a 
licensee's operations. Under such circumstances: 
A. A temporary appointee must be otherwise qualified under the provisions of this 
chapter to be a licensee: 
B. A temporary appointee may not transfer adult use cannabis or adult use cannabis 
products unless authorized as a licensee under this chapter: and 
C. The licensee shall submit a plan of temporary appointment, on forms made available 
by the office, as soon as practicable but no later than 60 days after a qualifying event. 
For purposes of this subsection, "temporary appointee" means a court-appointed receiver, 
personal representative, executor, administrator, guardian, conservator, trustee or similarly 
situated person or person approved by the office pursuant to this section. 
Sec. B-43. 28-B MRSA §211, as enacted by PL 2017, c. 409, Pt. A, §6 and amended 
by PL 2021, c. 669, §5, is further amended to read: 
§211. Relocation of licensed premises 
1. Relocation application. A licensee may apply to the department office, on forms 
5 
prepared and furnished by the department office, for approval to relocate the licensed 
premises of the cannabis establishment that the licensee is licensed to operate. 
2. Local authorization required. The department office shall, within 10 days of 
8 
receiving certification of local authorization pursuant to section 402, subsection 3, 
paragraph B from the municipality in which the relocated licensed premises are to be 
located or pursuant to section 403, subsection 3, paragraphs Band C from the Maine Land 
Use Planning Commission if the relocated licensed premises are to be located in the 
unorganized and deorganized areas, notify the licensee that local authorization has been 
confirmed for the relocation and that the licensee may proceed with relocation, and the 
COMMITTEE AMENDMENT 
~oS 
COMMITTEEAMENDMENT"A "to S.P. 32, L.D. 40(~ ltf1) 
department office shall issue to the licensee an updated license specifying the address of 
the new premises. 
3. Effect on license term. A relocation of licensed premises pursuant to this section 
does not extend or otherwise modify the license term of the license subject to relocation. 
4. Rules. The department office shall by rule adopt requirements for the submission 
of a license relocation application and standards for the approval of a relocation application. 
Sec. B-44. 28-B MRSA §212, as enacted by PL 2017, c. 409, Pt. A, §6 and amended 
by PL 2021, c. 669, §5, is further amended to read: 
§212. Te1cmiuatiou Abandonment or cessation of license 
1. Notification of te1cmiuatiou abandonment or cessation required. A licensee ffi-aY 
Bot permaBently abaBdoB the liceBsed premises of the licensee or otherwise permaBently 
oease all aotivities relating to the operatioB of the oannabis establishment uBder its liceBse, 
vihether •;olufltarily or pursuant to a lioeBse re>;ocatioB in aooordaBce vt'ith sabohapter 8, 
without Botifymg the department and the m.uBioipaJity in ·+Vhioh the licensed pr0ill:ises are 
looated that voluntarily abandons the licensed premises or otherwise permanently ceases 
all activities relating to the operation of a cannabis establishment under its license shall 
notify the office and the municipality in which the licensed premises are located at least 48 
hours in advance of the abandonment or termiBatioB cessation. 
2. 
Forfeiture and destruction of cannabis and cannabis products. Prior to 
abandoning the licensed premises of the licensee or terminatiBg ceasing operations, a 
licensee shall provide the departrneBt office and the municipality in which the licensed 
premises are located with a full accounting of all adult use cannabis and adult use cannabis 
products located within the licensed premises and forfeit the cannabis and cannabis 
products to the department office for destruction in accordance with section 803. 
For the purposes of this section, "municipality" means, in the case of a cannabis 
establishment not located in the unorganized and deorganized areas, the city, town or 
plantation in which the cannabis establishment is located; or, in the case of a cannabis 
establishment located in the unorganized and deorganized areas, the Maine Land Use 
Planning Commission and the town or plantation in which the cannabis establishment is 
located or, in the case of a cannabis establishment located in a township, the county 
commissioners of the county in which the township is located. 
Sec. B-45. 28-B MRSA §213, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read: 
§213. Notice of new owue1c, offiee1c, mauage1c OF em13loyee principal 
Before any proposed new ovl:fler, offioer, maBager or employee principal may own, 
manage, work for or otherwise associate with a licensee, the licensee shall notify the 
department office in writing of the name, address and date of birth of the proposed new 
ovl:fler, offioer, m.aBager or employee aBd the principal. The proposed new 0\11:fler, offioer, 
m.aBager or employee principal shall submit to a criminal history record check pursuant to 
section 204, obtain an individual identification card pursuant to section 106 and, in the case 
of a new ewBer principal or other person assuming an equity ownership interest or a partial 
equity ownership interest in the license, obtain approval for the transfer of ownership 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 32, L.D. 40 ( $-'K)~ 
interests pursuant to section 210, unless the transfer of ownership interests is otherwise 
exempt from prior approval under section 210, subsection 1-A. 
Sec. B-46. 28-B MRSA §214, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read: 
§214. Inactive licenses 
The department office may revoke or refuse to renew any license if it determines that 
the licensed premises have been inactive without reasonable justification for a period of 
one year or more. 
Sec. B-47. 28-B MRSA §215, as enacted by PL 2017, c. 409, Pt. A, §6 and amended 
by PL 2021, c. 669, §5, is further amended to read: 
§215. Notification to municipality; sharing of information with Bureau of Revenue 
Services 
The department office shall notify a municipality within 14 days of the date the 
departraeflt office approves, renews, denies, suspends or revokes the license of a licensee 
whose licensed premises are located or proposed to be located in the municipality; imposes 
a monetary penalty on a licensee located within the municipality; approves relocation of 
the licensed premises of a cannabis establishment to or from the municipality; or approves 
a transfer of ownership interest in a license with respect to which the licensed premises are 
located within the municipality. 
The department office shall provide the department's Bureau of Revenue Services with 
the same information provided to a municipality under this section at the time that the 
department office notifies the municipality. 
For the purposes of this section, "municipality" has the same meaning as in section 
212. 
Sec. B-48. 28-B MRSA §301, first 1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
further amended to read: 
Subject to the requirements and restrictions of this subchapter and the requirements of 
subchapter 2, the department office may issue to an applicant any of the following types of 
cultivation facility licenses: 
Sec. B-49. 28-B MRSA §302, first 1, as enacted by PL 2017, c. 409, Pt. A, §6, is 
further amended to read: 
In addition to the information required to be submitted to the department office 
pursuant to subchapter 2 and the rules relating to licensure of a cultivation facility adopted 
pursuant to this chapter, an applicant for a cultivation facility license shall submit to the 
5 
department office the following information. 
Sec. B-50. 28-B MRSA §303, as enacted by PL 2017, c. 409, Pt. A, §6 and amended 
by PL 2021, c. 669, §5, is further amended to read: 
8 
§303. Increase in cultivation tier upon renewal 
A licensee seeking renewal of a cultivation facility license may, if applicable and in 
accordance with this section, apply for a tier of cultivation facility license with a greater 
COMMITTEE AMENDMENT 
~oC!:> 
COMMITTEE ~NDMENT "A" to S.P. 32, LO. 40 ( '!; f tf/) 
area of authorized plant canopy than is authorized under the licensee's current cultivation 
facility license. 
1. Approval criteria. The departmel½t office may issue the applied-for tier of 
cultivation facility license if the licensee otherwise meets all applicable requirements for 
continued licensure under this chapter and the rules adopted pursuant to this chapter and 
the licensee has demonstrated to the departmel½t's office's satisfaction that: 
A. The licensee has over the current period oflicensure sold at least 85% of the adult 
use cannabis cultivated by the licensee at its cultivation facility; and 
B. The approval of the applied-for tier of cultivation facility license will not cause the 
licensee to exceed the combined plant canopy limitation in section 205, subsection 2, 
paragraph A. 
2. Consideration of renewal of current license tier if approval criteria not met. If 
the departmel½t office determines that the licensee has failed to satisfy the requirements of 
this section for the applied-for tier of cultivation facility license, the departmel½t office shall 
consider renewing the lieeasee's license at the current tier. 
This section does not apply to a nursery cultivation facility licensee. 
Sec. B-51. 28-B MRSA §304, 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. Approval criteria. The departmel½t office may approve the requested increase if 
the licensee otherwise meets all applicable requirements for continued licensure under this 
chapter and the rules adopted pursuant to this chapter and the licensee has demonstrated to 
the departmel½t's office's satisfaction that the licensee has over the past 2-year period of 
licensure sold at least 85% of the adult use cannabis cultivated by the licensee at its 
cultivation facility. 
Sec. B-52. 28-B MRSA §304, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6, is 
further amended to read: 
2. 
Consideration of renewal of current licensed amount of plant canopy if 
approval criteria not met. If the departmel½t office determines that the licensee has failed 
to satisfy the requirements of this section for the requested increase, the departmel½t office 
shall consider renewing the lieeasee's license at the current tier and currently authorized 
maximum area of plant canopy. 
Sec. B-53. 28-B MRSA §402, sub-§1, fB, as enacted by PL 2017, c. 409, Pt. A, 
§6 and amended by PL 2021, c. 669, §5, is further amended to read: 
B. The person has been issued by the departmeat office a conditional license to operate 
the cannabis establishment pursuant to section 205, subsection 3. 
Sec. B-54. 28-B MRSA §402, sub-§3, 1C, as enacted by PL 2017, c. 409, Pt. A, 
§6 and amended by PL 2021, c. 669, §5, is further amended to read: 
C. The person has been issued by the departmoot office an active license to operate 
the cannabis establishment pursuant to section 205, subsection 4. 
Sec. B-55. 28-B MRSA §402, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended by amending the first blocked 
paragraph to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 32, L.D. 40 {$-lCfJ) 
A municipality may certify to the department office a person's compliance with the 
requirements of paragraph B on the form prepared and furnished by the departmen-t office 
pursuant to section 205, subsection 4, paragraph B. 
Sec. B-56. 28-B MRSA §403, 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. Request for local authorization to operate cannabis establishment in town, 
plantation or township in unorganized and deorganized areas prohibited unless 
generally allowed by town or plantation or by county commissioners on behalf of 
township. A person seeking to operate a cannabis establishment within a town, plantation 
or township located within the unorganized and deorganized areas may not request local 
authorization pursuant to subsection 3 to operate the cannabis establishment and the town, 
plantation or, in the case of a township, the county commissioners of the county in which 
the township is located may not accept as complete the person's request for local 
authorization unless: 
A. In the case of a town or plantation, the legislative body of the town or plantation 
has voted to allow some or all types of cannabis establishments within the town or 
plantation, including the type of cannabis establishment the person seeks to operate and 
the person has been issued by the departmen-t office a conditional license to operate the 
cannabis establishment pursuant to section 205, subsection 3; or 
B. In the case of a township, the county commissioners of the county in which the 
township is located have voted to allow some or all types of cannabis establishments 
within the township, including the type of cannabis establishment the person seeks to 
operate and the person has been issued by the departmen-t office a conditional license 
to operate the cannabis establishment pursuant to section 205, subsection 3. 
Sec. B-57. 28-B MRSA §403, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
2. Minimum authorization criteria. The Maine Land Use Planning Commission 
may not certify to the department office local authorization of a cannabis establishment 
within a town, plantation or township located within the unorganized and deorganized areas 
pursuant to subsection 3 if: 
A. The cannabis establishment is proposed to be located within 1,000 feet of the 
property line of a preexisting public or private school, except that, if the Maine Land 
Use Planning Commission prohibits the location of cannabis establishments within a 
town, plantation or township at distances less than 1,000 feet but not less than 500 feet 
from the property line of a preexisting public or private school, that lesser distance 
applies. For the purposes of this paragraph, "school" has the same meaning as in section 
7 
402, subsection 2, paragraph A; or 
B. The person requesting local authorization to operate the cannabis establishment 
fails to demonstrate possession or entitlement to possession of the proposed licensed 
premises of the cannabis establishment pursuant to a lease, rental agreement or other 
arrangement for possession of the premises or by virtue of ownership of the premises. 
Sec. B-58. 28-B MRSA §403, sub-§3, ~' as enacted by PL 2017, c. 409, Pt. A, 
§6 and amended by PL 2021, c. 669, §5, is further amended to read: 
COMMITTEE AMENDMENT 
~O<::, 
COMMITTEE AMENDMENT" A 
"to S.P. 32, L.D. 40 ($-7DqJ 
D. The person has been issued by the department office an active license to operate 
the cannabis establishment pursuant to section 205, subsection 4. 
Sec. B-59. 28-B MRSA §403, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended by amending the first blocked 
paragraph to read: 
The town, plantation or, in the case of a township, the county commissioners of the county 
in which the township is located, shall certify to the Maine Land Use Planning Commission 
that the person has obtained all applicable local approvals, permits or licenses not relating 
to land use planning and development as required under paragraph B. The Maine Land 
Use Planning Commission may certify to the department office a person's compliance with 
the requirements of paragraphs B and C on the form prepared and furnished by the 
department office pursuant to section 205, subsection 4, paragraph B. 
Sec. B-60. 28-B MRSA §405, as enacted by PL 2017, c. 409, Pt. A, §6 and amended 
by PL 2021, c. 669, §5, is further amended to read: 
§405. Information requests 
A municipality may request that the department office provide any information 
obtained by the department office pursuant to the provisions of subchapter 2 or 3 that the 
municipality determines necessary for the administration of its local authorization process 
for cannabis establishments under this subchapter. Unless the information is confidential 
pursuant to law or rule, the department office, in a timely manner, shall provide the 
information requested pursuant to this section. 
For the purposes of this section, 
"municipality" has the same meaning as in section 212. 
Sec. B-61. 28-B MRSA §501, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
2. Retail sale of adult use cannabis without separate cannabis store license 
prohibited. Except as provided in subsection 3, a cultivation facility may not sell or offer 
to sell adult use cannabis, immature cannabis plants or seedlings to consumers unless the 
cultivation facility licensee obtains from the department office a separate license to operate 
a cannabis store and otherwise complies with all applicable requirements under this chapter 
and the rules adopted pursuant to this chapter concerning the operation of cannabis stores. 
A cultivation facility may not give away adult use cannabis, adult use cannabis products or 
cannabis plants to a consumer. 
Sec. B-62. 28-B MRSA §501, sub-§3, ~' as enacted by PL 2017, c. 409, Pt. A, 
§6, is amended to read: 
E. The department shall office may adopt rules regulating the operation of nursery 
cultivation facilities. 
Sec. B-63. 28-B MRSA §501, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
4. Cannabis extraction without separate products manufacturing facility license 
prohibited. 
A cultivation facility may not engage in the manufacture of cannabis 
concentrate by cannabis extraction unless the cultivation facility licensee has obtained from 
the department office a separate license to operate a products manufacturing facility and 
otherwise meets the requirements under this chapter and the rules adopted pursuant to this 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 ( S ~7D~ 
chapter concerning the operation of a products manufacturing facility and concerning 
cannabis extraction. A cultivation facility licensee with a separate license to operate a 
products manufacturing facility may share hallways or other common areas with the 
products manufacturing facility. 
Sec. B-64. 28-B MRSA §501, sub-§5, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by c. 452, §37 and PL 2021, c. 669, §5, is further amended to read: 
5. Use of shared facility for cultivation of adult use cannabis and cannabis for 
medical use. Subject to the requirements of this subsection and the rules adopted pursuant 
to this subsection, a cultivation facility licensee that is also a registered caregiver or a 
registered dispensary may cultivate adult use cannabis pursuant to this chapter within the 
same facility in which the licensee also cultivates cannabis for medical use pursuant to the 
Maine Medical Use of Cannabis Act. A cultivation facility licensee may share a facility 
for cultivation with a registered caregiver or registered dispensary pursuant to this 
subsection as long as at least one owner of the cultivation facility is also the registered 
caregiver or an owner of the registered dispensary. 
A. A cultivation facility licensee that cultivates cannabis under this subsection must 
comply with all applicable requirements of this chapter and the rules adopted pursuant 
to this chapter concerning the operation of cultivation facilities. 
B. Except as provided in paragraph C, the areas of the shared facility in which adult 
use cannabis is cultivated must be separated from the areas of the shared facility in 
which cannabis for medical use is cultivated in a manner that provides for a visually 
conspicuous delineation of the physical space between the cultivation area for adult use 
cannabis and the cultivation area for cannabis for medical use. For the purposes of this 
paragraph, "visually conspicuous delineation" means a permanently constructed 
physical barrier including, but not limited to, a wall or fencing. 
C. The following items or areas within the shared facility may be shared for both the 
cultivation of adult use cannabis and the cultivation of cannabis for medical use: 
(1) 
Cultivation-related and noncultivation-related equipment, except that 
cultivation-related equipment may not be simultaneously used for the cultivation 
of adult use cannabis and the cultivation of cannabis for medical use; 
(2) 
Cultivation-related and noncultivation-related supplies or products· not 
containing cannabis or cannabis products and the storage areas for those supplies 
or products; and 
(3) General office space, bathrooms, entryways and walkways. 
D. Each cannabis plant within the shared facility must be tagged or otherwise identified 
as an adult use cannabis plant or a cannabis plant for medical use. 
B. The ElepartmeHt shall aeopt rales go7;emiag the use of a shareEI faeility hy a 
eulfr;atioa faeiHty liceasee that is also a registered caregiver or a registered Elispeasary, 
vkieh must ineluee, but are aot liraiteEI to, requiremeats for the mainteaance of a log 
or other reeorEI relatiag to the use of the shareEI faeility spaee, shareEI equipmem aaEI 
shareEI supplies or proeuets to easure eompliaaee with the requiremems of this ehapter 
aaEI the rales aElopteEI pursuaHt to this chapter aaEI the requinmems of the Mame 
Medical Use of Cannabis Act. 
COMMITTEE AMENDMENT 
o'2:J 
~ 
coMMrITEE AMENDMENT "4 .. '° s.P. ,,, L.D. ,. C::,;cfl J 
F. The office may require a cultivation facility licensee to provide a co location plan 
describing how the licensee will ensure that cultivation-related eguipment will not be 
simultaneously used for the cultivation of adult use cannabis and cannabis for medical 
use and how the licensee will ensure that adult use cannabis will be kept separate from 
·cannabis for medical use pursuant to the reguirements of this chapter and the rules 
adopted pursuant to this chapter and the Maine Medical Use of Cannabis Act. 
Sec. B-65. 28-B MRSA §501, sub-§6, as amended by PL 2019, c. 231, Pt. B, §3 
and PL 2021, c. 669, §5, is repealed. 
Sec. B-66. 28-B MRSA §501, sub-§7, 1C, as enacted by PL 2017, c. 409, Pt. A, 
§6 and amended by PL 2021, c. 669, §5, is further amended to read: 
C. The department shall office may adopt rules regarding the outdoor cultivation of 
adult use cannabis by a cultivation facility licensee, including, but not limited to, 
security requirements specific to outdoor cultivation operations and requirements for 
shielding outdoor cultivation operations from public view. 
Sec. B-67. 28-B MRSA §501, sub-§12 is enacted to read: 
12. Acquisition of seeds and seedlings. Notwithstanding any provision of law to the 
contrary, a cultivation facility licensee or nursery cultivation facility licensee may acguire 
seeds or seedlings as follows: 
A. By lawful purchase from another cultivation facility licensee, including a nursery 
cultivation facility licensee: or 
B. By gift from an individual, who must be at least 21 years of age and a resident of 
the State: 
(l) A licensee may not accept, during a 90-day period, more than one transfer of 
1/2 ounces of seeds or more than one transfer of 12 seedlings from each 
individual gifting seeds or seedlings to that licensee during that 90-day period: 
{2) Before accepting a gift of seeds or seedlings from an individual, the licensee 
must receive approval from the office, in writing, to accept the gift of seeds or 
seedlings. A licensee that receives seeds or seedlings as a gift from an individual 
shall record on forms made available by the office the full name, contact telephone 
number and the identification number of a valid state identification belonging to 
each individual: 
{3) The individual gifting the seeds or seedlings to the licensee may not receive 
remuneration of any kind in return: and 
{4) The gift of the seeds or seedlings must not be conditional or contingent upon 
any other terms or reguirements of the licensee. 
Any seeds or seedlings acguired pursuant to this subsection must be tracked pursuant to 
section 105. 
Sec. B-68. 28-B MRSA §502, sub-§1-A is enacted to read: 
1-A. 
Manufacture of products not containing cannabis. 
Notwithstanding 
subsection 1, a products manufacturing facility licensee that also has a license issued from 
the Department of Agriculture, Conservation and Forestry pursuant to subsection 10 may 
manufacture for sale or distribution any products that the facility is authorized to 
COMMITTEE AMENDMENT 
0~ 
~ 
\ 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 Cs, 7Dq') 
manufacture or distribute pursuant to the provisions of that license, including products that 
do not contain cannabis, except that a products manufacturing facility licensee is prohibited 
from extracting hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D or 
manufacturing products that contain hemp or ingredients derived from hemp that do not 
also contain cannabis. Nothing in this subsection may be construed to prohibit a products 
manufacturing facility licensee from using ingredients derived from hemp in the 
manufacture of cannabis products. 
A. A products manufacturing facility licensee that manufactures adult use cannabis and 
adult use cannabis products within the same facility in which the licensee also 
manufactures products that do not contain cannabis must comply with all applicable 
requirements of this chapter and the rules adopted pursuant to this chapter concerning 
the operation of products manufacturing facilities. 
B. The following items or areas within the facility may be shared for both the 
manufacturing of adult use cannabis and adult use cannabis products and the 
manufacturing of products that do not contain cannabis: 
(1) Manufacturing-related and nonmanufacturing-related equipment and supplies, 
except that manufacturing-related equipment and supplies may not be 
simultaneously used for the manufacturing of adult use cannabis and adult use 
cannabis products and the manufacturing of products that do not contain cannabis: 
(2) Manufacturing-related and nonmanufacturing-related supplies or products that 
do not contain cannabis or cannabis products and the storage areas for those 
supplies or products: and 
(3) General office space, bathrooms, entryways and walkways. 
C. A products manufacturing facility licensee must ensure that: 
(1) Manufacturing-related equipment and supplies are not simultaneously used for 
the manufacturing of cannabis and cannabis products and the manufacturing of 
products that do not contain cannabis: 
(2) Manufacturing-related equipment is sanitized between the manufacturing of 
cannabis and cannabis products and the manufacturing of products that do not 
contain cannabis; 
(3) Cannabis and cannabis products are kept separate from products that do not 
contain cannabis; 
(4) Cannabis and cannabis products are packaged and labeled accurately pursuant 
to the requirements of this chapter and the rules adopted pursuant to this chapter: 
(5) Products that do not contain cannabis are packaged and labeled accurately 
pursuant to the provisions of the license issued by another department to 
manufacture products that do not contain cannabis; and 
( 6) Any person manufacturing products that do not contain cannabis in a licensed 
manufacturing facility obtains an individual identification card from the office 
pursuant to section 106, except that the person is not required to submit to a 
criminal history record check. 
COMMITTEE AMENDMENT 
'<'as 
COMMITTEE AMENDMENT "4 "to S.P. 32, L.D. 40 ( '~YJb1) 
Sec. B-69. 28-B MRSA §502, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
2. Retail sale of adult use cannabis or adult use cannabis products without 
separate cannabis store license prohibited. A products manufacturing facility may not 
sell or offer to sell adult use cannabis or adult use cannabis products to consumers unless 
the products manufacturing facility licensee obtains from the departmon-t office a separate 
license to operate a cannabis store and otherwise complies with all applicable requirements 
under this chapter and the rules adopted pursuant to this chapter concerning the operation 
of cannabis stores. A products manufacturing facility may not give away adult use 
cannabis, adult use cannabis products or cannabis plants to a consumer. 
Sec. B-70. 28-B MRSA §502, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
3. Cultivation of cannabis without separate cultivation facility license prohibited. 
A products manufacturing facility shall purchase all cannabis necessary for its 
manufacturing processes from a cultivation facility and may not engage in the cultivation 
of cannabis unless the products manufacturing facility licensee obtains from the departmon-t 
office a separate license to operate a cultivation facility and otherwise meets all applicable 
requirements under this chapter and under the rules adopted pursuant to this chapter 
concerning the operation of cultivation facilities. A products manufacturing facility 
licensee with a separate license to operate a cultivation facility may share hallways or other 
common areas with the cultivation facility. 
Sec. B-71. 28-B MRSA §502, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by c. 452, §37 and PL 2021, c. 669, §5, is further amended to read: 
4. Use of shared facility for manufacture of adult use cannabis products and 
cannabis products for medical use. Subject to the requirements of this subsection and 
the rules adopted pursuant to this subsection, a products manufacturing facility licensee 
that is also a registered caregiver or a registered dispensary may manufacture adult use 
cannabis and adult use cannabis products pursuant to this chapter within the same facility 
in which the licensee also manufactures cannabis concentrate and cannabis products for 
medical use pursuant to the Maine Medical Use of Cannabis Act. 
A products 
manufacturing facility licensee that shares a facility for products manufacturing with a 
registered caregiver or registered dispensary pursuant to this subsection must have at least 
one owner that is the registered caregiver or an owner of the registered dispensary but is 
not required to have identical ownership. 
A. A products manufacturing facility licensee that manufactures adult use cannabis 
and adult use cannabis products within the same facility in which the licensee also 
manufactures cannabis concentrate and cannabis products for medical use must comply 
with all applicable requirements of this chapter and the rules adopted pursuant to this 
chapter concerning the operation of products manufacturing facilities. 
B. The following items or areas within the shared facility may be shared for both the 
manufacturing of adult use cannabis and adult use cannabis products and the 
manufacturing of cannabis concentrate and cannabis products for medical use: 
(1) Manufacturing-related and nonmanufacturing-related equipment, except that 
manufacturing-related equipment may not be simultaneously used for the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 32, L.D. 40 Cs~ 1D9) 
manufacturing of adult use cannabis and adult use cannabis products and the 
manufacturing of cannabis concentrate and cannabis products for medical use; 
(2) Manufacturing-related and nonmanufacturing-related supplies or products not 
containing cannabis or cannabis products and the storage areas for those supplies 
or products; and 
(3) General office space, bathrooms, entryways and walkways. 
C. The departmea-t shall adopt rules go•,reming the use of a shared faoiHty by a produots 
manufacturing facility licensee that is also a registered oaregiv=er or a registered 
dispensary, in.eluding, but not limited to, requiremea-ts for the maia-tenanoe of a log or 
other record relatin.g to the use of the shared facility space, shared eq1:1ipmeat and 
shared sapplies or products to eas1:1re compliance with the requiremea-ts of this ohapter 
aad the rules adopted pmsuaa-t to this chapter and the requiremea-ts of the Maine 
Medioal Use of Cannabis ,'\et. 
D. A manufacturing facility licensee must ensure that: 
(1) 
Manufacturing-related equipment is not simultaneously used for the 
manufacturing of adult use cannabis and adult use cannabis products and the 
manufacturing of cannabis concentrate and cannabis products for medical use; 
(2) Adult use cannabis and adult use cannabis products are kept separate from 
cannabis concentrate and cannabis products for medical use; and 
{3) Cannabis and cannabis products are packaged and labeled accurately pursuant 
to the requirements of this chapter and the rules adopted pursuant to this chapter 
and the Maine Medical Use of Cannabis Act. 
Sec. B-72. 28-B MRSA §502, sub-§7, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
7. 
Cannabis extraction. 
Subject to the requirements and restrictions of this 
subsection, a products manufacturing facility licensee may manufacture cannabis 
concentrate by cannabis extraction using water, lipids, gases, solvents or other chemicals 
or chemical processes. 
A. A products manufacturing facility licensee may engage in cannabis extraction using 
a solvent or other chemical or chemical process that is not and does not involve an 
inherently hazardous substance if: 
(1) The solvent or other chemical or chemical process is listed by the departmea-t 
office by rule as approved for use in cannabis extraction; or 
(2) The products manufacturing facility licensee requests and obtains from the 
department office written approval to engage in cannabis extraction using a solvent 
or other chemical or chemical process that is not and does not involve an inherently 
hazardous substance and that is not listed by the departmea-t office by rule as 
8 
approved for use in cannabis extraction. 
The departmea-t office shall adopt by rule a list of those solvents or other chemicals or 
chemical processes that are not and do not contain an inherently hazardous substance 
that the department office approves for use in cannabis extraction by products 
manufacturing facilities. 
COMMITTEE AMENDMENT 
~o':J 
COMMITTEE AMENDMENT" A:' to S.P. 32, L.D. 40 { S-1 ~ 
B. A products manufacturing facility licensee may not engage in cannabis extraction 
involving the use of any inherently hazardous substance unless: 
(1) The licensee submits to the departmeHt office a request for approval of the 
cannabis extraction method the facility plans to engage in that includes a 
description of the proposed cannabis extraction method and a certification from an 
industrial hygienist or professional engineer following a review of the facility's 
storage, preparation, electrical, gas monitoring, fire suppression and exhaust 
systems; and 
(2) The departmeHt office approves in writing the proposed cannabis extraction 
method. 
The departmeHt office, within 14 days of receipt of a request for approval under this 
paragraph, shall notify the products manufacturing facility licensee in writing whether 
the request is approved or denied. 
Sec. B-73. 28-B MRSA §502, sub-§9, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
9. Compliance with sanitary standards. All areas within the licensed premises of a 
products manufacturing facility in which adult use cannabis and adult use cannabis 
products are manufactured must meet all sanitary standards specified in rules adopted by 
the departmeHt office. 
Sec. B-74. 28-B MRSA §502, sub-§10, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
10. Cemmereial latehen Food establishment license. A products manufacturing 
facility licensee must obtain a oommeroial kitohea food establishment license from the 
Department of Agriculture, Conservation and Forestry pursuant to Title 22, chapter 5 51 for 
any area within the licensed premises of the products manufacturing facility in which adult 
use cannabis and adult use cannabis products are manufactured and for which the 
departmeHt office requires a products manufacturing facility licensee to obtain a 
oommeroial kitoheR food establishment license. The departmeHt office shall adopt rules 
requiring certain areas within the licensed premises of a products manufacturing facility to 
be licensed as oommeroial kitoheRs food establishments based upon the types of 
manufacturing processes conducted within those areas. 
Sec. B-75. 28-B MRSA §502, sub-§11, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
11. Refrigeration. A products manufacturing facility licensee shall store and transport 
in a refrigerated environment all adult use cannabis and adult use cannabis products that 
require refrigeration to prevent spoilage. The departmeHt office shall adopt rules regarding 
the storage and transportation of adult use cannabis and adult use cannabis products that 
require refrigeration to prevent spoilage. 
Sec. B-76. 28-B MRSA §503, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by c. 452, §37 and PL 2021, c. 669, §5, is further amended by amending the 
first blocked paragraph to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to S.P. 32, L.D. 40 Cs~,cft j 
Neither this chapter nor the rules adopted pursuant to this chapter prevent a testing facility 
from developing, researching or testing substances or products that are not cannabis or 
cannabis products for that facility or for another person. 
Sec. B-77. 28-B MRSA §503, sub-§2, as amended by PL 2019, c. 354, §8, is 
further amended to read: 
2. 
Certification; accreditation and provisional Iicensure; compliance with 
operational and technical requirements. A testing facility may not commence or 
continue operation unless the testing facility: 
A. Is certified for operation under the certification program within the Department of 
Health and Human Services, Maine Center for Disease Control and Prevention 
established pursuant to Title 22, section 569 and, in accordance with rules adopted by 
the departmeflt office after consultation with the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention, which must allow for 
inspection of the proposed or operational testing facility by the departmeflt office and 
the Department of Health and Human Services, Maine Center for Disease Control and 
Prevention; 
B. Except as otherwise provided in this paragraph, is accredited pursuant to standard 
ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party 
accrediting body or is certified, registered or accredited by an organization approved 
by the departmeflt office. The departmeat office shall adopt rules regarding the scope 
of certification, registration or accreditation required for licensure of a testing facility. 
(1) The departmeat office may issue a full testing facility license to an applicant 
that meets all applicable requirements of this chapter and rules adopted pursuant to 
this chapter and that has obtained accreditation pursuant to standard ISO/IEC 
17025 of the International Organization for Standardization from a 3rd-party 
accrediting body or that is certified, registered or accredited by an approved 
organization. 
(2) The departmeflt office may issue a provisional testing facility license to an 
applicant that otherwise meets all applicable requirements of this chapter and rules 
adopted pursuant to this chapter and that has applied for but not yet obtained 
accreditation from a 3rd-party accrediting body or that has applied for but not yet 
obtained certification, registration or accreditation from an approved organization. 
The clepartmeflt office may not renew a provisional testing facility license more 
than once. 
5 
An active full or provisional testing facility license may not be issued by the departmeflt 
office to an applicant until the applicant satisfies all applicable requirements of section 
205, subsection 4; and 
8 
C. Is determined by the departmeat office to meet all operational and technical 
requirements for testing facilities under this chapter and the rules adopted under this 
chapter. 
Sec. B-78. 28-B MRSA §503, sub-§3, as amended by PL 2019, c. 676, §11 and 
PL 2021, c. 669, §5, is further amended to read: 
COMMITTEE AMENDMENT 
~o<?,, 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 cs~~ 
3. Compliance with testing protocols, standards and criteria. A testing facility 
shall follow all testing protocols, standards and criteria adopted by rule by the department 
for the testing of different forms of cannabis and cannabis products; determining batch size; 
sampling; testing validity; and approval and disapproval of tested cannabis and cannabis 
products. A testing facility may use a sample collector for the collection of samples for 
mandatory testing as long as the testing facility's operating plan and standard operating 
procedures indicate the use of a sample collector for that purpose. 
Sec. B-79. 28-B MRSA §503, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
4. Remediation and retesting. If a testing facility determines that a sample of adult 
use cannabis or an adult use cannabis product has failed a mandatory test required under 
section 602, the testing facility shall offer to the owner of that sample an opportunity for 
remediation and retesting in accordance with rules adopted by the departffi:ent office. 
Sec. B-80. 28-B MRSA §503, sub-§4-A is enacted to read: 
4-A. Retesting for potency. If requested by the licensee, a testing facility may retest 
for potency a sample of adult use cannabis or an adult use cannabis product from the same 
batch the testing facility initially tested. The retest for potency may be completed only once 
after the initial test, and the sample must be from the remaining representative sample of 
the same batch that was initially received by the testing facility. The results of the initial 
test and the retest must be reported by the testing facility in accordance with subchapter 6 
and the rules governing testing facilities. A licensee that chooses to retest for potency shall 
include the potency values reported for the retest instead of the initial potency value 
reported by the testing facility. 
Sec. B-81. 28-B MRSA §503, sub-§5, as enacted by PL 2017, c. 409, Pt. A, §6, is 
further amended to read: 
5. 
Record keeping. 
A testing facility shall maintain records of all business 
transactions and testing results in accordance with the record-keeping requirements of 
section 511 and section 602, subsection 2 and in accordance with applicable standards for 
licensing and accreditation under subsection 2 and testing protocols, standards and criteria 
adopted by the department office under subsection 3. 
Sec. B-82. 28-B MRSA §503, sub-§6, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
6. Disposal of cannabis and cannabis products. A testing facility shall dispose of 
or destroy used, unused and waste cannabis and cannabis products in accordance with rules 
adopted by the department office. 
Sec. B-83. 28-B MRSA §503, sub-§7, as enacted by PL 2017, c. 409, Pt. A, §6, is 
further amended to read: 
7. Notification of test results. A testing facility shall notify the departm.ent office of 
test results in accordance with section 603. 
Sec. B-84. 28-B MRSA §503, sub-§10, as amended by PL 2019, c. 491, §3 and 
PL 2021, c. 669, §5, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE ~ND:rvJENT "ft "to S.P. 32, L.D. 40(5.,,7tA j 
10. Rules. The department office shall adopt rules regarding the provisional licensure, 
licensure, certification and accreditation of testing facilities and the testing of cannabis and 
cannabis products by testing facilities pursuant to this chapter, including, but not limited 
to, rules establishing acceptable testing and research practices for testing facilities, 
including, but not limited to, provisions relating to testing practices, methods and standards; 
remediation and retesting procedures; quality control analysis; equipment certification and 
calibration; chemical identification; testing facility record-keeping, documentation and 
business practices; disposal of used, unused and waste cannabis and cannabis products; and 
reporting of test results. Rules adopted pursuant to this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. B-85. 28-B MRSA §503-A, sub-§1, as enacted by PL 2019, c. 676, § 13 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
1. Authorized operation. A sample collector is authorized to collect samples of 
cannabis and cannabis products from a cannabis establishment for mandatory and other 
testing by a testing facility and to transport and deliver those samples to the testing facility 
for those purposes. A sample collector may operate as an independent contractor or 
employee of a testing facility or as an employee of a business entity that employs 2 or more 
sample collectors and that is not a cultivation facility, a products manufacturing facility, a 
cannabis store, a registered caregiver, a registered dispensary or a manufacturing facility 
as defined in Title 22, section~ 2421-A, subsection 4--R: 27. 
Sec. B-86. 28-B MRSA §503-A, sub-§2, as enacted by PL 2019, c. 676, §13 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
2. Compliance with sampling protocols, standards and criteria. A sample collector 
shall follow all sampling protocols, standards and criteria adopted by rule or otherwise 
approved by the eepartment office for the sampling of different forms of cannabis and 
cannabis products. 
Sec. B-87. 28-B MRSA §503-A, sub-§4, as enacted by PL 2019, c. 676, §13 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
4. Disposal of cannabis and cannabis products. A sample collector shall dispose of 
0 
or destroy used, unused and waste cannabis and cannabis products in accordance with rules 
adopted by the department office. 
Sec. B-88. 28-B MRSA §503-A, sub-§7, as enacted by PL 2019, c. 676, §13 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
7. Rules. The department office shall adopt rules regarding the licensing and operation 
5 
of sample collectors pursuant to this chapter, including, but not limited to, rules establishing 
licensing requirements, acceptable sample collection methods, sample collector record 
7 
keeping, documentation and business practices; and standards for the disposal of used, 
8 
unused and waste cannabis and cannabis products. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. B-89. 28-B MRSA §504, sub-§2, ~A, as enacted by PL 2017, c. 409, Pt. A, 
§6 and amended by PL 2021, c. 669, §5, is further amended to read: 
A. Gwe Except as otherwise provided in subsection 12, give away adult use cannabis, 
adult use cannabis products or cannabis plants or sell or give away mature cannabis 
COMMITTEE AMENDMENT 
~OC!:) 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 { S-1D9) 
plants or consumable products containing tobacco or alcohol that do not contain 
cannabis; 
Sec. B-90. 28-B MRSA §504, sub-§4, as amended by PL 2021, c. 667, §2 and c. 
669, §5, is further amended to read: 
4. Verification of purchaser's age. A person must be 21 years of age or older to 
make a purchase from a cannabis store. A cannabis store may not sell any item to a~ 
l¼B:der 21 years of age minor. 
A. Prior to initiating a sale in a cannabis store, an employee of the cannabis store 
licensee shall verify that the purchaser has a valid government-issued photographic 
identification card, or other acceptable photographic identification, demonstrating that 
the purchaser is 21 years of age or older. 
A-1. Prior to concluding a sale by delivery under subsection 9 or curbside pickup under 
subsection 10, an employee of the cannabis store licensee shall verify that the purchaser 
has a valid government-issued photographic identification card, or other acceptable 
photographic identification, demonstrating that the purchaser is 21 years of age or 
older. 
B. The department shall by rule determine the forms of photographic identification 
that a cannabis store licensee may accept when verifying a purchaser's age. 
Sec. B-91. 28-B MRSA §504, sub-§4-A, as enacted by PL 2021, c. 314, §1 and 
amended by c. 669, §5, is repealed. 
Sec. B-92. 28-B MRSA §504, sub-§9, as amended by PL 2023, c. 396, §10, is 
further amended to read: 
9. Limited delivery service. A cannabis store, cultivation facility or products 
manufacturing facility may operate a limited delivery service for the delivery of immature 
cannabis plants, seedlings, adult use cannabis and adult use cannabis products in 
accordance with the requirements of this subsection. A cannabis store may not deliver 
adult use cannabis or an immature cannabis plant, seedling or adult use cannabis product 
to a person. un.der 21 yeMs of age minor. A municipality may not prohibit delivery of adult 
use cannabis and adult use cannabis products authorized under this subsection. 
A. A cannabis store, cultivation facility or products manufacturing facility operating a 
limited delivery service shall ensure that cannabis store employees engaging in 
delivery have received training, prescribed by the departmen.t office by rule, on how to 
properly verify the age of a person making a purchase for delivery and how to ensure 
that no deliveries are made to a person under 21 years of age. 
B. A cannabis store, cultivation facility or products manufacturing facility operating a 
limited delivery service may deliver to any location in a municipality, except locations 
within a safe zone designated by a municipality under Title 30-A, section 3253. 
C. A cannabis store, cultivation facility or products manufacturing facility operating a 
limited delivery service may deliver to a hotel or business as long as the cannabis store, 
cultivation facility or products manufacturing facility has received written consent for 
delivery to the hotel or business from an authorized employee of the hotel or business 
and the cannabis store, cultivation facility or products manufacturing facility retains a 
COMMITTEE AMENDMENT 
~os 
COMMITTEE ~NDMENT" A" to S.P. 32, L.D. 40 ($, 7Co~ 
copy of the written consent. The written consent must be maintained and open to 
inspection by the departmei'lt office in accordance with section 511. 
The departmei'lt shall office may 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. 
Sec. B-93. 28-B MRSA §504, sub-§10, as enacted by PL 2021, c. 667, §4 and 
amended by c. 669, §5, is further amended to read: 
10. Curbside pickup. A cannabis store may allow curbside pickup of immature 
cannabis plants, seedlings, adult use cannabis and adult use cannabis products at a 
designated location outside of the cannabis store in accordance with the requirements of 
this subsection and any additional requirements imposed by the departmei'lt office by rule. 
A. 
A cannabis store that allows curbside pickup of immature cannabis plants, 
seedlings, adult use cannabis or adult use cannabis products shall designate a curbside 
pickup location outside of the cannabis store and near the entrance to the cannabis store 
and mark the location in a manner designated by the departmei'lt office by rule. 
B. 
A cannabis store that allows curbside pickup of immature cannabis plants, 
seedlings, adult use cannabis or adult use cannabis products shall implement security 
and record-keeping requirements for all sales concluded by curbside pickup as 
established by the departmei'lt office by rule. 
The departmei'lt shall office may adopt rules to implement this subsection, including, but 
not limited to, rules establishing security and record-keeping requirements for sales 
concluded by curbside pickup. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. B-94. 28-B MRSA §504, sub-§12 is enacted to read: 
12. Samples for consumers. Notwithstanding subsection 2, paragraph A, and in 
accordance with all other provisions of this chapter applicable to the sale by a cannabis 
store of adult use cannabis or adult use cannabis products, a cannabis store may give away 
samples of adult use cannabis or adult use cannabis products to persons at least 21 years of 
age as follows: 
A. No more than 1/2 gram of flower; 
B. No more than 10 milligrams of an edible; 
C. No more than one 1/2 gram vape cartridge; and 
D. No more than 2 samples in any combination per person per day. 
A cannabis store shall package and label samples in accordance with the applicable 
provisions of this chapter and the rules adopted pursuant to this chapter. A cannabis store 
may not provide samples to a person who is visibly intoxicated. The total amount of 
samples, adult use cannabis and adult use cannabis products given or sold to a person in 
any one 24-hour period may not exceed the maximum amount of adult use cannabis or 
adult use cannabis products allowed under section 1501, subsection 1, paragraph F. 
Sec. B-95. 28-B MRSA §504, sub-§13 is enacted to read: 
COMMITTEE AMENDMENT 
~oe:, 
I 
COMMITTEE AMENDMENT" A 
"to S.P. 32, L.D. 40 CS-ltft) 
13. Special retail sales prices. A cannabis store may establish special retail sales 
prices on adult use cannabis or adult use cannabis products, except that products may not 
be sold at a retail price that is significantly less than the wholesale price or the price paid 
by the cannabis store. 
Sec. B-96. 28-B MRSA §504-A, first 1, as amended by PL 2023, c. 408, §6, is 
further amended to read: 
Notwithstanding any provision oflaw to the contrary, the departmeR-t office shall issue 
a specified event permit to a cannabis store to sell adult use cannabis and adult use cannabis 
products on the permitted premises for a specified event in accordance with the 
requirements of this section. Transportation of adult use cannabis and adult use cannabis 
products between the licensed premises and the permitted premises for a specified event is 
subject to the requirements of section 505. A cannabis store authorized to sell adult use 
cannabis and adult use cannabis products under this section is subject to the provisions of 
section 504. 
Sec. B-97. 28-B MRSA §504-A, sub-§1, as amended by PL 2023, c. 408, §7, is 
further amended to read: 
1. Permit application. At least 30 days prior to a specified event, a cannabis store 
seeking authorization to sell adult use cannabis and adult use cannabis products at a 
specified event shall submit a permit application, on a form issued by the departm:eR-t office, 
and a nonrefundable $200 permit application fee to the departmeR-t office. The application 
must include or be appended with: 
A. Proof of approval, in accordance with subsection 2, from the municipality where 
the specified event will occur to sell adult use cannabis or adult use cannabis products 
at the specified event; 
B. The location and description of the specified event, including the date of the event, 
the date the cannabis store intends to sell adult use cannabis and adult use cannabis 
products and the name and description of the organization sponsoring the event; 
C. If the specified event is held on private property, the written permission of the 
property owner for the cannabis store to sell adult use cannabis and adult use cannabis 
products on the property; 
D. A description of the adult use cannabis and adult use cannabis products the cannabis 
store intends to sell at the specified event; 
E. The number of cannabis store employees required to work at the specified event; 
F. A diagram and description of the permitted premises for the specified event; and 
G. As applicable, a diagram and description of the security measures the cannabis store 
intends to implement on the permitted premises for the specified event to prevent 
unauthorized access to adult use cannabis and adult use cannabis products, including 
access by persons under 21 years of age. 
Sec. B-98. 28-B MRSA §504-A, sub-§1-A, as enacted by PL 2023, c. 408, §8, is 
amended to read: 
1-A. Permit issuance. Within 14 calendar days ofreceipt of a permit application that 
meets the requirements of subsection 1, the departm:eR-t office shall review the application 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to S.P. 32, L.D. 40 Ct:tlb4) 
and issue a specified event permit to the cannabis store or deny the application for good 
cause in accordance with section 206, subsection 2. 
Sec. B-99. 28-B MRSA §504-A, sub-§3, as amended by PL 2023, c. 408, §10, is 
further amended to read: 
3. Limitations. A cannabis store issued a specified event permit under this section 
may sell adult use cannabis and adult use cannabis products at a specified event only as 
authorized under the permit. A specified event permit issued by the departmeftt office under 
this section for a specified event may not authorize: 
A. Sales at the specified event for a period greater than the duration of the event; 
B. Sales anywhere other than on the permitted premises for the specified event; or 
C. The consumption of adult use cannabis or adult use cannabis products on the 
permitted premises for the specified event. 
Sec. B-100. 28-B MRSA §504-A, sub-§4, ~' as amended by PL 2023, c. 408, 
§11, is further amended to read: 
E. A cannabis store shall record all sales conducted at the specified event using a video 
recording device in a manner that captures, to the extent practicable, only the individual 
making the purchase. The recording must be retained by the cannabis store for 45 days, 
and the cannabis store shall make it available for inspection at the departmeflt's office's 
request. 
Sec. B-101. 28-B MRSA §504-A, sub-§5, as amended by PL 2023, c. 408, § 12, 
is further amended to read: 
5. Guidance. The departmeflt office shall develop and publish on a publicly accessible 
website guidance documents to assist cannabis stores in applying for a specified event 
permit under this section and to establish best practices for conducting sales of adult use 
cannabis and adult use cannabis products at a specified event. 
Sec. B-102. 28-B MRSA §504-A, sub-§5-A, as enacted by PL 2023, c. 408, § 13, 
is amended to read: 
5-A. Suspension or revocation. On the departmeflt's office's own initiative or upon 
complaint and after investigation, the departmeflt office, by written order, may for good 
0 
cause as described in section 206, subsection 2 suspend or revoke a specified event permit 
issued to a cannabis store. The departmeflt office shall revoke a specified event permit if: 
A. Municipal approval granted in accordance with subsection 2 is revoked by the 
municipality; or 
B. As applicable, the owner of the property where the specified event will occur 
revokes the property owner's written permission required under subsection 1, 
paragraph C. 
Sec. B-103. 28-B MRSA §505, last 1, as enacted by PL 2023, c. 408, §16, is 
8 
amended to read: 
All transportation of adult use cannabis and adult use cannabis products must be 
documented by the licensee or an employee of the licensee in accordance with rules adopted 
by the departmeflt office. 
COMMITTEE AMENDMENT 
~as 
COMMITTEEAMENDMENT"A "to S.P. 32, L.D. 40 ts::-rDq) 
Sec. B-104. 28-B MRSA §506, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read: 
§506. Employment of pCFsans umle.- 21 yea.-s af age p.-altibi-ted minors 
A licensee may not employ t¼R3/ person under 21 yearn of age minors. 
Sec. B-105. 28-B MRSA §507, as amended by PL 2021, c. 314, §2 and c. 669, §5, 
is repealed and the following enacted in its place: 
§507. Entry into cannabis establishment by minors 
A minor may not enter the licensed premises of a cannabis store unless accompanied 
by the minor's parent, legal guardian or custodian, as defined in Title 22, section 4002, 
subsection 5. An individual identification card holder who is the parent, legal guardian or 
custodian of a minor may bring that minor into the licensed premises of a cultivation 
facility, products manufacturing facility or cannabis testing facility in an emergency. 
Sec. B-106. 28-B MRSA §508, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is further amended by amending the section headnote to 
read: 
§508. Use of adult use cannabis and adult use cannabis products within licensed 
premises 
Sec. B-107. 28-B MRSA §508, 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. Employee use of cannabis or cannabis products for medical use. A licensee 
may allow an employee who is a qualifying patient pursuant to the Maine Medical Use of 
Cannabis Act to privately consume cannabis and cannabis products for medical use within 
its licensed premises. 
Sec. B-108. 28-B MRSA §510, as amended by PL 2019, c. 491, §4 and PL 2021, 
c. 669, §5, is further amended to read: 
§510. Limited access areas 
Except as provided in subsection 1, a person may not enter or remain in any limited 
access area unless the person displays an individual identification card issued by the 
department office pursuant to section 106. 
1. Contractors. A licensee may allow a person to enter or remain in any limited 
access area without displaying an individual identification card if the person is a contractor 
of the licensee, including, but not limited to, an electrician, a plumber, an engineer or an 
alarm technician, whose scope of work will not involve the handling of cannabis or 
cannabis productst and the person signs a visitor entry log provided and maintained by the 
licensee and is issued a visitor identification badge by the licensee; and, if the person is 
working in a limited aeeess area 1.1t1ith immediate aeeess to eannabis or eannabis produets, 
tl½e person is sapervised at all times by tl½e lie6flsee or an employee of the lieensee. 
1-A. Visitors. A licensee may allow a visitor who is not a minor to enter or remain in 
any limited access area without displaying an individual identification card if the visitor 
signs a visitor entry log provided and maintained by the licensee, the visitor is issued a 
visitor identification badge by the licensee and, if the visitor is visiting in a limited access 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 32, L.D. 40 [ s/ 7oj 
area with immediate access to cannabis or cannabis products, the visitor is accompanied at 
all times by the licensee or an employee of the licensee. 
2. Licensee compliance. A licensee shall ensure that all areas of ingress to and egress 
from limited access areas within its licensed premises are conspicuously marked and that a 
person is not allowed to enter or remain in any limited access area without displaying the 
person's individual identification card issued by the departmem: office pursuant to section 
106. 
Sec. B-109. 28-B MRSA §511, as amended by PL 2019, c. 231, Pt. A, §1, is further 
amended to read: 
§511. Record keeping and inspection of records; audits 
1. Record keeping; inspection of records. A licensee shall maintain a complete set 
of all records of the licensee's business transactions, which HH¼St be opes to irlspectioa aad 
~amiaatioa by the departmem: upoa demat1:d at1:d without aotice daring all business hears 
may be stored electronically. Upon providing at least 24 hours' notice, the office may 
inspect or audit the licensee's records during regular business hours. The office may not 
conduct an audit of a licensee's records more than twice in any 6-month period. The cost 
of any audit must be paid by the office from the Adult Use Cannabis Regulatory 
Coordination Fund under section 1102. Nothing in this subsection may be construed to 
prevent the office from reviewing at any time business records submitted through the 
tracking system in accordance with section 105. Records must be maintained by a licensee 
at a minimum for a period comprising the current tax year and the .§. §. immediately 
preceding tax years in accordance with Title 36, section 135. 
l. f ... dditieeal iefermatiee may he required. The departmem: ffl:!f)' require a liceasee 
to furnish ~ 
additional infofffl:atioa necessary for the proper administration of this 
chapter. 
3. Audit. The departmem: office may require a licensee to submit to an audit of the 
licensee's business records. If the departmem: office requires a licensee to submit to an 
audit, the licensee shall provide the auditor selected by the departmem: office with access 
to all business records of the licensee and the cost of the audit must be paid by the 1ie0:B.see 
office from the Adult Use Cannabis Regulatory Coordination Fund under section 1102. 
4. Confidentiality. This subsection governs the confidentiality of records under this 
section. 
A. Documents of a licensee inspected or examined by the departmem: office pursuant 
to this section are confidential and may not be disclosed except as needed in a civil or 
5 
criminal proceeding to enforce any provision of this chapter and the rules adopted 
pursuant to this chapter or any criminal law. 
B. Audit working papers are confidential and may not be disclosed to any person 
8 
outside the departmem: office, except that audit working papers may be disclosed to the 
licensee subject to the audit. A final audit report is a public record for the purposes of 
Title 1, chapter 13, subchapter 1. For the purposes of this paragraph, "audit working 
papers" means all documentation and other information acquired, prepared or 
maintained by the departmem: office and the auditor selected by the departmem: office 
during the conduct of the audit, including, but not limited to, draft reports and portions 
of draft reports. 
COMMITTEE AMENDMENT 
~os 
\ 
COMMITTEE ~MENT ''A "to S.P. 32, L.D. 40C5 7 ~ 
Sec. B-110. 28-B MRSA §512, as enacted by PL 2017, c. 409, Pt. A, §6 and PL 
2021, c. 669, §5, is further amended to read: 
§512. Inspection of licensed premises; testing and sampling for product quality 
control 
1. Inspections. A licensee shall submit to an inspection of its licensed premises, 
including, but not limited to, any places of storage and any locked areas, upon demand and 
without notice during all the licensee's business hours and other times of a;ppaxent acti.Yity 
by the department office, a ·criminal justice agency or an official authorized by the 
municipality in which the licensed premises are located. 
For the purposes of this subsection, "municipality" has the same meaning as in section 212. 
2. Testing and sampling for product quality control. A licensee shall submit to the 
sampling and testing of adult use cannabis or adult use cannabis products within its 
possession, upon demand and without notice during all business hours by the department 
office for the purposes of product quality control. The office may not collect more than a 
random, representative sample necessary to test the batch of cannabis or cannabis products 
cultivated, manufactured or sold to consumers by a licensee. The office may not sample 
more than 3 samples of adult use cannabis or adult use cannabis products per 60-day period 
unless the cannabis or cannabis products sampled continue to fail tests or such samples are 
taken as part of an investigation by the office in response to a complaint. The depaxtment 
office shall adopt rules governing the sampling and testing of adult use cannabis and adult 
use cannabis products under this subsection, consistent with the requirements of subchapter 
6. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A. 
Sec. B-111. 28-B MRSA §513, as enacted by PL 2017, c. 409,Pt. A, §6, is repealed. 
Sec. B-112. 28-B MRSA §601, as amended by PL 2021, c. 612, §1 and c. 669, §5, 
is further amended to read: 
§601. Testing program established 
The department office shall establish a testing program for adult use cannabis and adult 
use cannabis products. Except as otherwise provided in this subchapter, the program must 
require a licensee, prior to selling or distributing adult use cannabis or an adult use cannabis 
product to a consumer, to submit the cannabis or cannabis product to a testing facility for 
testing to ensure that the cannabis or cannabis product does not exceed the maximum level 
of allowable contamination for any contaminant that is injurious to health and for which 
testing is required and to ensure correct labeling. The depaxtment office shall adopt rules 
establishing a testing program pursuant to this section, rules identifying the types of 
contaminants that are injurious to health for which cannabis and cannabis products must be 
tested under this subchapter and rules regarding the maximum level of allowable 
contamination for each contaminant. Rules adopted pursuant to this subchapter are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. B-113. 28-B MRSA §602, sub-§1, ,re, as amended by PL 2023, c. 396, §12, 
is further amended to read: 
C. 
Dangerous yeasts, molds and mildew as specified in rules adopted by the 
department office; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to S.P. 32, L.D. 40 CS ~104) 
Sec. B-114. 28-B MRSA §602, sub-§1, as amended by PL 2023, c. 396, §12, is 
further amended by amending the first blocked paragraph to read: 
The departffiont office may temporarily waive mandatory testing requirements under this 
section for any contaminant or factor for which the department office has determined that 
there exists no licensed testing facility in the State capable of and certified to perform such 
testing. 
Sec. B-115. 28-B MRSA §602, sub-§1-A, as enacted by PL 2023, c. 396, §13, is 
amended to read: 
1-A. Testing of returns. Cannabis and cannabis products returned pursuant to section 
502, subsection 14 or section -W2, 504, subsection 11 mast be tested prior to beiag may be 
resold or redistributed. The departmeHt ma-y limit the mafl:datory testiag reqeired for 
retamed cannabis aad cannabis prodacts b:r rule. Rules adoJ3ted J3arsaaHt to this sabsectioa 
are m.a3or saestaati,;e rales as defined rn Title 5, chapter 375, sabchaJ3ter 2, f,. without 
retesting if the tamper-evident packaging indicates that the cannabis or cannabis products 
have not been tampered with. Cannabis and cannabis products returned by a consumer to 
any licensee may not be resold. 
Sec. B-116. 28-B MRSA §602, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
2. Record keeping. A licensee shall maintain a record of all mandatory testing that 
includes a description of the adult use cannabis or adult use cannabis product provided to 
the testing facility, the identity of the testing facility and the results of the mandatory test. 
A licensee that chooses to retest any adult use cannabis or adult use cannabis products for 
potency in accordance with section 503, subsection 4-A shall maintain a record of all 
mandatory potency test results. 
Sec. B-117. 28-B MRSA §602, sub-§3, as amended by PL 2021, c. 558, § 1 and c. 
669, §5, is further amended to read: 
3. Testing process, protocols and standards. The deJ3arttnent office shall establish 
by rule processes, protocols and standards for mandatory and other testing of cannabis and 
cannabis products that conform with the best practices generally used within the cannabis 
industry, including, but not limited to, an allowable variance rate for determining the 
amount or potency of THC or other cannabinoids in edible cannabis products. 
Sec. B-118. 28-B MRSA §603, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
§603. Notification requirements 
1. Notification of testing results required. If the results of a mandatory test 
conducted pursuant to section 602 indicate that the tested adult use cannabis or adult use 
cannabis product exceeds the maximum level of allowable contamination for any 
contaminant that is injurious to health and for which testing is required, the testing facility 
immediately shall quarantine, document and properly destroy the cannabis or cannabis 
product, except when the owner of the tested cannabis or cannabis product has successfully 
undertaken remediation and retesting, and within 30 days of completing the test shall notify 
the departffieHt office of the test results. 
COMMITTEE AMENDMENT 
~os 
COMMITTEE ~MBNT 'A "to S.P. 32, L.D. 40 C 
$-10~ 
1-A. Notification of retesting results required. If a licensee chooses to retest any 
cannabis or cannabis product for potency in accordance with section 503, subsection 4-A, 
the testing facility shall provide to the office and the licensee the results of the initial test 
for potency as well as the results of the retest for potency. 
2. Notification of testing results not required. A testing facility is not required to 
notify the deparnH:ent office of the results of any test: 
A. Conducted on adult use cannabis or an adult use cannabis product at the direction 
of a licensee pursuant to section 602 that demonstrates that the cannabis or cannabis 
product does not exceed the maximum level of allowable contamination for any 
contaminant that is injurious to health and for which testing is required; 
B. Conducted on adult use cannabis or an adult use cannabis product at the direction 
of a licensee for research and development purposes only, so long as the licensee 
notifies the testing facility prior to the performance of the test that the testing is for 
research and development purposes only; 
C. Conducted on cannabis or a cannabis product at the direction of a person who is not 
a licensee; or 
D. Conducted on a substance that is not cannabis or a cannabis product. 
Sec. B-119. 28-B MRSA §604-A, as amended by PL 2021, c. 226, §6 and c. 669, 
§5, is further amended to read: 
§604-A. Sample collecting for mandatory testing by licensee 
1. Sample collecting by licensee authorized; rules. Notwithstanding any provision 
of this chapter to the contrary, a cultivation facility licensee, products manufacturing 
facility licensee or cannabis store licensee, or an employee of such licensee, may collect 
samples of the licensee's adult use cannabis or adult use cannabis products for mandatory 
testing under section 602 and may deliver those samples to a testing facility for testing. 
The deparnH:ent office shall adopt rules regarding the collection of representative samples 
of adult use cannabis and adult use cannabis products for mandatory testing by a licensee 
or an employee of a licensee as authorized under this section, which must include, but are 
not limited to: 
A. The establishment of sample collecting processes, protocols and standards, which 
must be complied with by the licensee and its employees in collecting samples of adult 
use cannabis and adult use cannabis products for testing purposes; 
B. Requirements for the licensee to provide video, onsite or other demonstration of its 
sample collecting practices to ensure compliance with paragraph A; 
C. Provisions authorizing the deparnH:ent office to conduct audits of adult use cannabis 
or adult use cannabis products that were tested using samples collected by the licensee 
or its employees pursuant to this section, with all costs of the audits to be paid for by 
the licensee. The licensee may not be required to submit more than 3 representative 
samples of adult use cannabis or adult use cannabis products per 60-day period unless 
the cannabis or cannabis products continue to fail tests or pursuant to a complaint; 
D. Requirements for the transportation, delivery and transfer of samples of adult use 
cannabis and adult use cannabis products collected by the licensee or an employee of 
the licensee to a testing facility, which must require the in-person transfer of the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to S.P. 32, L.D. 40 CS •lb9) 
samples by the licensee or an employee of the licensee to the testing facility licensee 
or an employee of the testing facility licensee; 
E. A prohibition on the intentional tampering with or interference in the mandatory 
testing process or auditing process by a licensee or an employee of the licensee, which, 
notwithstanding any provision of this chapter to the contrary, may be treated by the 
departmeat office as constituting a major license violation affecting public safety and 
as a basis for imposition of a lieense suspension or re11oeation administrative penalties 
pursuant to section~ 802-A; and 
F. Authorization for the departHJ:eBt office to suspend or revoke the licensee's license 
following 2 or more failed sample collecting audits conducted by the department office 
pursuant to this section. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 3 7 5, subchapter 2-A. 
Sec. B-120. 28-B MRSA §605, sub-§4, as amended by PL 2021, c. 612, §4 and c. 
669, §5, is further amended to read: 
4. No subsequent processing, manufacturing or alteration. Since the performance 
of the prior testing under subsection 1, the cannabis or cannabis 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 or in 
any rules adopted by the departtneBt office pursuant to that section. 
Sec. B-121. 28-B MRSA §606, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
§606. 
Coordination with testing program and rules for cannabis and cannabis 
products for medical use 
In adopting rules and regulating the testing of adult use cannabis and adult use cannabis 
products under this subchapter, the departHJ:eBt office shall ensure that, when necessary and 
practicable, the regulation of the testing of adult use cannabis and adult use cannabis 
products under this subchapter is consistent with the regulation of the testing of cannabis 
and cannabis products for medical use under the Maine Medical Use of Cannabis Act. 
Sec. B-122. 28-B MRSA §701, as amended by PL 2021, c. 558, §§2 and 3 and 
amended by c. 669, §5, is further amended to read: 
§701. Labeling and packaging 
1. Labeling requirements. Adult use cannabis and adult use cannabis products to be 
sold or offered for sale by a licensee to a consumer in accordance with this chapter must be 
labeled with the following information, as applicable based on the cannabis or cannabis 
product to be sold: 
A. The license numbers of the cultivation facility, the products manufacturing facility 
8 
and the cannabis store where the adult use cannabis or adult use cannabis product was 
cultivated, manufactured and offered for sale; 
B. An identity statement and universal symbol; 
COMMITTEE AMENDMENT 
~os 
COMMITTEE ~NDMENT "A" to S.P. 32, L.D. 40 (0~ 7D9j 
C. Health and safety warning labels as required by rules adopted by the departmeH:t 
office after consultation with the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention; 
D. The batch number; 
E. A net weight statement; 
F. Information on the THC potency of the cannabis or cannabis product and the 
potency of such other cannabinoids or other chemicals in the cannabis or cannabis 
product, including, but not limited to, cannabidiol. If a licensee chooses to retest any 
cannabis or cannabis product for potency in accordance with section 503, subsection 
4-A, the licensee shall include the THC potency information of the cannabis or 
cannabis product from the retest results. For edible cannabis products, the information 
required pursuant to this paragraph must be consistent with section 703, subsection 1, 
paragraphs F and F-1; 
G. Information on the amount of THC and cannabidiol per serving of the eaooa-bis or 
edible cannabis product. For edible eanea-bis prod-uets, the The information required 
pursuant to this paragraph must be consistent with section 703, subsection 1, 
paragraphs F and F-1 and contain the number of servings per package; 
H. Information on gases, solvents and chemicals used in cannabis extraction; 
I. Instructions on :asage route of administration; 
J. For adult use cannabis products: 
(1) The amount of cannabis concentrate per serving of the product, as measured 
in grams or milligrams, and the amount of cannabis concentrate per package of the 
product, as measured in grams or milligrams; 
(2) A list of ingredients and possible allergens; and 
(3) A recommended use date or expiration date; 
K. For edible cannabis products, a nutritional fact panel; and 
L. Any other information required by rule by the departmeH:t office. 
2. Packaging requirements. Adult use cannabis and adult use cannabis products to 
be sold or offered for sale by a licensee to a consumer in accordance with this chapter must 
be packaged in the following manner, as applicable based on the cannabis or cannabis 
product to be sold+.,_ 
A. Adult use cannabis and adult use cannabis products must be prepackaged in child-
resistant and tamper-evident packaging or must be placed in child-resistant and tamper-
evident packaging at the final point of sale to a consumer;-.,_ 
:g. f ... d1:ilt use eanna-bis aH:d adult use eanea-bis pro duets HJ:Ust be prepaekaged in opaque 
paekaging or afl opaque eofrtaiaer or must be plaeed iR opaque paekaging or afl opaque 
eofrtaifler at the final poifrt of sale to a eoRsumer; 
C. Packaging for HJ:Ultiserving liquid adult use cannabis products that contain more 
than one serving must include an integral measurement component that measures one 
serving of the adult use cannabis product and a child-resistant cap-;--Gl'l:4 or closure. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fl. .. "' s.P. ,2. L.D. 40 cs 7D°y 
D. Paekagrag raast eol'lform. to all other applieaale requirements and restrietions 
imposed by rale by the department. 
3. Other approved labeling and packaging. Adult use cannabis and adult use 
cannabis products to be sold or offered for sale by a licensee to a consumer in accordance 
with this chapter may include on the label or the packaging of the cannabis or cannabis 
product: 
A. A statement of compatibility with dietary practices; 
B. Depictions of geometric shapes or cannabis leaves; 
C. Use of the terms "organic," "organically cultivated" or "organically grown" in 
accordance with requirements regarding the use of such terms as adopted by rule by 
the department office; and 
D. Any other information that has been preapproved by the department office pursuant 
to subsection 5 or information that is not prohibited. 
4. Labeling and packaging prohibitions. Adult use cannabis and adult use cannabis 
products to be sold or offered for sale by a licensee to a consumer in accordance with this 
chapter: 
A. May not be labeled or packaged in violation of a federal trademark law or regulation 
or in a manner that would cause a reasonable consumer confusion as to whether the 
cannabis or cannabis product was a trademarked product; 
B. May not be labeled or packaged in a manner that is speeifieally designed to appeal 
partieal&tly to a person antler 21 years of age that targets minors or contains subject 
matter or an illustration that targets minors; 
C. May not be labeled or packaged in a manner that obscures identifying information 
on the label or uses a false or deceptive label; 
D. May not be sold or offered for sale using a label or packaging that depicts a human, 
animal or fruit; and 
E. May not be labeled or packaged in violation of any other labeling or packaging 
requirement or restriction imposed by rule by the departrneH:t office. 
5. Voluntary labeling and packaging approval. A licensee may submit to the office 
a request for approval of any labeling or packaging the licensee intends to use. The request 
must include the following information as applicable: 
A. A digital or physical sample of the label for which approval is requested or a 
physical sample of any package for which approval is requested; 
B. A description of any additional labels that will be affixed to the label or package 
and the information contained on these additional labels; and 
C. Any additional information required on an approval request form provided by the 
office and available on the office's publicly accessible website. 
The office may not refuse to review any voluntary request for approval. The office may 
deny any label or package it determines does not comply with this chapter or the rules 
adopted pursuant to this chapter. Within 3 0 days of submission of the request, the office 
shall issue a written decision either approving or denying the request, including the reason 
COMMITTEE AMENDMENT 
~os 
COMMITIEE ~NDMENT "A "to S.P. 32, L.D. 40 l'6 -1~ 
for denial, if applicable. If the request is approved, the office may not take any enforcement 
action of any kind against the licensee solely for using the approved labeling or packaging. 
Sec. B-123. 28-B MRSA §702, sub-§1, ~' as enacted by PL 2017, c. 409, Pt. A, 
§6, is amended to read: 
D. May not violate any other requirement or restriction on signs, advertising and 
marketing imposed by the department office by rule pursuant to subsection 2. 
Sec. B-124. 28-B MRSA §702, sub-§2, as amended by PL 2023, c. 396, §§15 to 
17, is further amended to read: 
2. Rules on signs, advertising and marketing. The department shall office may 
adopt rules regarding the placement and use of signs, advertising and marketing by or on 
behalf of a licensee, which may include, but are not limited to: 
A. A prohibition on health or physical benefit claims in advertising or marketing, 
including, but not limited to, health or physical benefit claims on the label or packaging 
of adult use cannabis or an adult use cannabis product; 
B. A prohibition on unsolicited advertising or marketing on the Internet, including, but 
not limited to, banner advertisements on mass-market websites; 
C. A prohibition on opt-in advertising or marketing that does not permit an easy and 
permanent opt-out feature; 
D. A prohibition on advertising or marketing directed toward location-based devices, 
including, but not limited to, cellular telephones, unless the marketing is a mobile 
device application installed on the device by the owner of the device who is 21 years 
of age or older and includes a permanent and easy opt-out feature; and 
E. Specific limitatioRs Limitations on signs, advertising and marketing to FRmimii3e 
the appeal of specifically designed to target minors regarding adult use cannabis and 
adult use cannabis products to persoRs uRder 21 years of age. 
Sec. B-125. 28-B MRSA §702, sub-§4 is enacted to read: 
4. Voluntary sign, advertising and marketing approval. A licensee may submit to 
the office a request for approval of any sign, advertisement or marketing materials the 
licensee intends to use. The request must include the following information as applicable: 
A. A digital or physical sample of the sign. advertisement or marketing materials for 
which approval is requested: and 
B. Any additional information required on the sign, advertisement or marketing 
materials approval request fonn provided by the office and available on the office's 
publicly accessible website. 
The office may not refuse to review any voluntary request for approval. The office may 
deny any sign, advertisement or marketing materials it determines do not comply with this 
chapter or the rules adopted pursuant to this chapter. Within 30 days of submission of the 
request, the office shall issue a written decision either approving or denying the request, 
including the reason for denial. if applicable. If the request is approved, the office may not 
take any enforcement action of any kind against the licensee solely for using the approved 
sign. advertisement or marketing materials. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 32, L.D. 40 l S--7D0 
Sec. B-126. 28-B MRSA §703, sub-§1, 1A, as enacted by PL 2017, c. 409, Pt. A, 
§6 and amended by PL 2021, c. 669, §5, is repealed. 
Sec. B-127. 28-B MRSA §703, sub-§1, 10, as amended by PL 2019, c. 491, §5, 
is repealed and the following enacted in its place: 
D. Unless determined impracticable by the office by rule, must be stamped or 
embossed with a universal symbol on each serving of the edible cannabis product or 
each serving must be individually wrapped or blister packaged with a universal symbol 
clearly included on the wrapping or packaging. In the event the office determines by 
rule that stamping, embossing, individual wrapping or blister packaging for a particular 
type of edible cannabis product is impracticable, each serving of the product must be 
packaged together with the universal symbol affixed to the packaging. For purposes 
of this chapter, edible cannabis products that are determined to be impracticable to 
stamp, emboss, individually wrap or blister package include but are not limited to: 
(1) Potato or com chips; 
(2) Popcorn; 
(3) Pretzels: 
( 4) Loose granola: and 
(5) Gummies; 
Sec. B-128. 28-B MRSA §703, sub-§1, 1G, as enacted by PL 2017, c. 409, Pt. A, 
§6, is repealed. 
Sec. B-129. 28-B MRSA §703, sub-§1, 1G-1 is enacted to read: 
G-1. May not be adulterated or misbranded as described in Title 22, sections 2156 and 
2157, respectively, or contain additives specifically formulated to increase the 
addictiveness of the edible cannabis product; and 
Sec. B-130. 28-B MRSA §703, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read: 
2. Health and safety rules. The department office shall adopt labeling, packaging 
and other necessary health and safety rules for adult use cannabis and adult use cannabis 
products to be sold or offered for sale by a licensee to a consumer in accordance with this 
chapter. Rules adopted pursuant to this subsection must establish mandatory health and 
safety standards applicable to the cultivation of adult use cannabis, the manufacture of adult 
use cannabis products and the paokagiag and labeling and packaging of adult use cannabis 
and adult use cannabis products sold by a licensee to a consumer. Such rules must address, 
but are not limited to: 
5 
A. Requirements for the storage, warehousing and transportation of adult use cannabis 
6 
and adult use cannabis products by licensees; 
B. Sanitary standards for cannabis establishments, including, but not limited to, 
8 
sanitary standards for the manufacture of adult use cannabis and adult use cannabis 
products; and 
C. Limitations on the display of adult use cannabis and adult use cannabis products at 
cannabis stores. 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "-At" to S.P. 32, L.D. 40 Ct '7~ 
Sec. B-131. 28-B MRSA §704, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
§704. Coordination with labeling and packaging rules for cannabis and cannabis 
products for medical use 
In adopting rules and regulating the labeling and packaging of adult use cannabis and 
adult use cannabis products under this subchapter, the department office shall ensure that, 
when necessary and practicable, the regulation of the labeling and packaging of adult use 
cannabis and adult use cannabis products under this subchapter is consistent with the 
regulation of the labeling and packaging of cannabis and cannabis products for medical use 
under the Maine Medical Use of Cannabis Act. 
Sec. B-132. 28-B MRSA §801, as enacted by PL 2017, c. 409, Pt. A, §6, is repealed. 
Sec. B-133. 28-B MRSA §802, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is repealed. 
Sec. B-134. 28-B MRSA §802-A is enacted to read: 
§802-A. Administrative or monetary penalties; appeals 
1. Penalties. The office, in accordance with this section, on its own initiative or on 
complaint and after investigation, notification and the opportunity for a public hearing, 
may, by written order: 
A. Impose an administrative penalty in accordance with this section for a license 
violation; 
B. Seize and destroy cannabis or cannabis products; and 
C. Suspend or revoke a license issued under this chapter for a license violation. 
For a first violation of any minor license violation as defined in subsection 2, paragraph C 
or for a first violation of this chapter or rules adopted pursuant to this chapter, the office 
may only provide technical assistance to the licensee and may not impose a penalty, 
suspend or revoke a license or seize and destroy cannabis or cannabis products. 
2. License violation types. The following license violation types are established. 
A. "Major license violation affecting public safety" means an intentional or knowing 
violation that imminently jeopardizes public health and safety or conduct that indicates 
a willful or reckless disregard for public health and safety. "Major license violation 
affecting public safety" is limited to: 
(1) Intentionally or recklessly selling cannabis or cannabis products containing any 
scheduled drug as defined in Title 17-A section 1101, subsection 11, except for 
any compounds naturally occurring in the cannabis plant; 
(2) Intentionally or recklessly using prohibited agricultural chemicals that pose a 
threat to public health and concealing their use from the office, other licensees or 
consumers; 
(3) Intentionally or knowingly treating or otherwise adulterating cannabis or 
cannabis products with a scheduled drug as defined in Title 17-A, section 1101, 
subsection 11, except for any compounds naturally occurring in the cannabis plant; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 Cs-1tr0 
( 4) Intentionally or knowingly destroying, damaging, altering, removing or 
concealing potential evidence of a violation under this paragraph or asking or 
encouraging another person to do so; 
(5) Intentionally or knowingly purchasing cannabis plants, cannabis or cannabis 
products from outside the State, from a person not authorized pursuant to this 
chapter or from the illicit market; 
( 6) Three or more instances of a licensee failing to have on the premises at all times 
during business hours an individual identification card holder who is authorized to 
allow and cooperate with the office requests to inspect the premises: 
(7) Intentionally or knowingly tampering with or interfering with mandatory 
testing processes, including sample collection or the auditing of test results: or 
(8) Other intentional or knowing egregious conduct that imminently threatens 
public health and safety or conduct that shows a willful or reckless disregard for 
public health and safety that poses an imminent risk to public health and safety. 
B. "Major license violation" means a serious violation that does not imminently 
jeopardize public safety. "Major license violation" is limited to: 
(1) Intentionally or recklessly misleading the office for the pmposes of involving 
a person with a disqualifying drug offense in the operation of a cannabis 
establishment: 
(2) Intentionally or knowingly diverting cannabis or cannabis products to the illicit 
market: 
(3) Except as provided in paragraph A, subparagraphs (2) and (3 ), treating or 
otherwise adulterating cannabis or cannabis products with any chemical that alters 
the color, appearance, weight or smell of the cannabis or cannabis product or that 
increases its potency, toxicity or addictiveness in a manner not authorized under 
this chapter: 
(4) Selling cannabis plants, cannabis or cannabis products to a person under 21 
years of age by failing to take all necessary steps to verify age: 
(5) Intentionally or knowingly making deliveries of adult use cannabis or adult 
use cannabis products to safe zones designated by a municipality pursuant to Title 
30-A, section 3253; 
( 6) Allowing any individual under 21 years of age to engage in any cannabis-
related activity; 
(7) Cultivating cannabis plants for adult use in an amount that is equal to or greater 
than 150% of the total number of cannabis plants or plant canopy the licensee is 
authorized to cultivate under this chapter; 
(8) Intentionally or knowingly misrepresenting any cannabis product to a 
consumer, licensee or the public, including: 
(a) Its contents; 
(b) Its testing results; or 
( c) Its potency: 
COMMITTEE AMENDMENT 
~o<o 
I 
COMMITTEEAMENDMENT"A" to S.P. 32, L.D. 40 (J:5'7D'1) 
(9) Two or more instances of refusing to permit the office to inspect the licensed 
premises during the licensee's business hours; 
(10) Intentionally or knowingly destroying, damaging, altering, removing or 
concealing potential evidence of a violation under this paragraph or asking or 
encouraging another person to do so; 
(11) Selling or transferring cannabis plants, cannabis or cannabis products outside 
of the tracking system; 
(12) Conduct that demonstrates a pattern of willful or reckless disregard for the 
tracking system requirements, sales tax obligations, excise tax obligations, 
mandatory testing obligations or facility requirements; 
(13) Intentionally making false statements to the office in order to obtain or 
maintain a license; or 
(14) Any violation in paragraph C that is a knowing violation that the licensee has 
committed 3 or more times. 
C. "Minor license violation" means a negligent violation. "Minor license violation" is 
limited to: 
(1) Procuring or in any way aiding or assisting in procuring, furnishing, selling or 
delivering cannabis or cannabis products for or to a minor; 
(2) Cultivating more cannabis plants for adult use than the licensee is authorized 
to cultivate under this chapter, but less than 150% of the total number of cannabis 
plants or plant canopy authorized; 
(3) Supplying adulterated or misbranded cannabis or cannabis products; 
(4) Intentionally or knowingly purchasing, receiving, selling or transferring any 
cannabis, cannabis plant or cannabis product that was fraudulently entered into the 
tracking system; 
(5) Failing to request and obtain from the office an approval for a change in 
ownership or principals prior to making the change in ownership or principals; 
(6) Subletting any portion of the licensed premises: 
(7) Making representations or claims that the cannabis or cannabis product has 
curative or therapeutic effects; 
(8) Not operating in accordance with operations, cultivation or facility plans of 
record filed with the office: 
(9) Failing to have on the licensed premises at all times during business hours an 
individual identification card holder who is authorized to allow inspection and 
cooperate when the office requests to inspect the premises: 
(10) Allowing consumption of cannabis on the licensed premises of a cannabis 
establishment, except as otherwise provided in this chapter: or 
(11) A 2nd violation of any other requirement of this chapter or the rules adopted 
pursuant to this chapter that is not expressly listed in this subsection. 
COMMITTEE AMENDMENT 
COMMITTEE AMEND:MENT 'A "to S.P. 32, L.D. 40 ( S-l z:f1j 
3. Monetary penalties. The office may impose monetary penalties for a license 
violation of this chapter as follows: 
A. Not more than $2,500 for each minor license violation; 
B. Not more than $10,000 for each major license violation; or 
C. Not more than $20,000 for each major license violation affecting public safety. 
Monetary penalties collected pursuant to this subsection must be credited to the General 
Fund. 
4. Notification of violation. If, after an inspection or investigation by the office or a 
criminal justice agency, the office identifies a violation of this chapter or the rules adopted 
pursuant to this chapter, the office shall, within 5 business days of identifying the violation, 
provide written notification of the violation to the licensee. The licensee, within 5 days of 
receiving notification, shall provide the office with a plan of correction, if applicable, for 
the identified violation, including a time frame for correction. If, after a follow-up 
inspection, the office decides to impose a monetary penalty on the licensee, the office shall 
notify the licensee of the monetary penalty in a timely manner after the follow-up 
inspection. Notice under this subsection does not constitute final agency action. 
5. Suspension. The office may suspend a license in accordance with this subsection. 
A. The office may suspend a cannabis establishment license, for a period ofup to one 
year, upon a finding of: 
(1) A major license violation affecting public safety; 
(2) A pattern of major license violations in a 30-month period; or 
(3) A violation of subsection 2, paragraph B, subparagraph (7). 
B. A licensee whose license has been suspended pursuant to this subsection may not, 
for the duration of the period of suspension, engage in any activities relating to the 
operation of the cannabis establishment the licensee is licensed to operate, except that 
a cultivation facility licensee may harvest any plants currently growing but may not 
start any new plants. 
C. The office may allow a transfer of license for a suspended license and may allow 
new owners to begin some or all operations prior to the end of the suspension. 
6. Revocation. The office may revoke a license in accordance with this subsection. 
A. Upon a finding of any major license violation affecting public safety or upon a 
finding of a pattern of major license violations in a 60-month period, the office may 
permanently revoke the cannabis establishment license of the licensee found in 
violation. 
B. A licensee whose license has been revoked pursuant to this subsection shall cease 
all activities relating to the operation of the cannabis establishment. 
C. A license that is permanently revoked may not be transferred or renewed. 
7. Maine Administrative Procedure Act; final agency action; appeals. Except as 
otherwise provided in this chapter or in the rules adopted pursuant to this chapter, the 
imposition of a monetary penalty, suspension or revocation on a licensee by the office, 
including, but not limited to, the provision of notice and the conduct of hearings, is 
COMMITTEE AMENDMENT 
COMMITTEE ~MENT ':A "to S.P. 32, L.D. 4<,CS 1Dl) 
governed by the Maine Administrative Procedure Act. A final order of the office imposing 
a monetary penalty on a licensee or suspension or revocation of a license is a final agency 
action. as defined in Title 5, section 8002. subsection 4. and the licensee may appeal that 
fmal order to the Superior Court in accordance with Rule SOC of the Maine Rules of Civil 
Procedure. 
Sec. B-135. 28-B MRSA §803, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
§803. Disposition of unauthorized cannabis or cannabis products of licensee 
1. Order; destruction of cannabis or cannabis products. If the department office 
issues a final order imposing a monetary penalty on or a license suspension or revocation 
against a licensee pursuant to this subchapter, the department office may specify in the 
order, in addition to any other penalties imposed in the order, that all or a portion of the 
cannabis or cannabis products in the possession of the licensee are not authorized under 
this chapter and are subject to destruction. A licensee subject to a fmal order directing the 
destruction of cannabis or cannabis products in the possession of the licensee shall forfeit 
the cannabis and cannabis products described in the order to the department office for 
destruction. 
2. Investigation. If the department office is notified by a criminal justice agency that 
there is a pending investigation of a licensee subject to an order imposed under subsection 
1, the department office may not destroy any cannabis or cannabis products of that licensee 
until the destruction is approved by the criminal justice agency. 
Sec. B-136. 28-B MRSA §803-A, as enacted by PL 2019, c. 491, §6 and amended 
by PL 2021, c. 669, §5, is further amended to read: 
§803-A. Administrative holds 
In accordance with the provisions of this section, the department office may impose an 
administrative hold on a lieensee licensee's cannabis plants, cannabis or cannabis products 
if, as a result of an inspection or investigation of the licensee by the department office or a 
criminal justice agency, the department office determines there are reasonable grounds to 
believe the licensee or an agent or employee of the licensee has committed or is committing 
a violation of the provisions of this chapter, the rules adopted pursuant to this chapter or 
the terms, conditions or provisions of the licensee's license regarding labeling and 
packaging, testing results, contamination of cannabis plants and cannabis or cannabis 
products or cannabis plants or cannabis products tracking that is not in compliance with the 
tracking system. 
1. 
Notice. 
The department office shall provide to a licensee subject to an 
administrative hold notice of the imposition of that hold, which must: 
7 
A. Include a concise statement of the basis for the administrative hold; 
B. 
Detail the cannabis, cannabis products or cannabis plap.ts subject to the 
administrative hold; 
C. Describe any operational restrictions to be placed on the licensee's license during 
the duration of the administrative hold; and 
D. Indicate actions that must be taken by the licensee as a result of the administrative 
hold. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ''A-" to S.P. 32, L.D. 40 LS-·7~ 
An administrative hold takes effect at the time that the notice under this subsection is 
provided by the departmefl-t office to the licensee. 
2. Lieensee aeti0Bs. l .. licensee sl¼b:ject to an administrative hold mHst physically 
segregate in a limited access area any carrnabis, cannabis products or eannabis plafl-ts 
sl¼bjeet to the hold, as detailed in the notioe l¼Hder sl¼bsection 1, from IH:l.3/ other eannabis, 
cannabis products or cannabis plants not sl¼bject to the hold. For the dl.¼fation of the 
administrative hold, the licensee may aot sell, give ai;i,zay, transfer, transport, dispose of or 
destroy any cannabis, cannabis prodl¼cts or cannabis plams sl¼bject to the hold, lmt ma')', as 
applicable, cHlti.va.te, harvest, manl¼facture or otherwise maifl-taiR the cannabis, cannabis 
products or cannabis plants subject to the hold Hnless specifically restricted by the 
department from engaging in sl¼ch actit,ities pl¼rSl¼ant to sl:lbsection 1, paragraph C. 
J. 
Operatfo&al Pespansillilities a&d Pestl'ietia&s. 
A liceasee sl¼bject to an 
administrati¥e hold shall, for the dHration of the hold, mamtaiR the liceasee's licensed 
premises and othenvise cofl-tial¼e to operate the liceasee's licensed cannabis establishment 
in accordance v,rith the provisioas of this chapter, the rales adopted pl¼rsl¼ailt to this chapter 
aHd the terms, conditions or pro:visioas of the liceasee's liceHse aHd the provisioas of the 
administratir;e hold. EKeept as specifieally restrieted by the departmeHt pursuaat to a aotiee 
1:lHder subsectioa 1, the lioeasee l'fla')', for the dHration of the administrative hold aHd as 
applicable to the liceasee's license type, e1:1ltiv,ate, manHfacture, test or sell any cannabis, 
cannabis produets or eaooabis plants not subject to the administratir;e hold. 
3-A. Required, permitted or prohibited conduct during administrative holds. For 
the duration of an administrative hold, a licensee: 
A. Shall physically segregate any cannabis, cannabis products or cannabis plants 
subject to the hold from any other cannabis, cannabis products or cannabis plants not 
subject to the hold; 
B. Shall maintain the licensed premises and otherwise continue to operate the cannabis 
establishment pursuant to the provisions of this chapter, the rules adopted pursuant to 
this chapter and the tenns, conditions or provisions of the licensee's license and the 
provisions of the administrative hold: 
C. May, as applicable to the license type, cultivate, harvest, manufacture or otherwise 
maintain the cannabis, cannabis products or cannabis plants subject to the hold, unless 
specifically restricted by the office pursuant to subsection 1, paragraph C: 
D. May cultivate, manufacture, test or sell any cannabis, cannabis products or cannabis 
plants not subject to the administrative hold; and 
E. May not sell, give away, transfer, transport, dispose of or destroy any cannabis, 
cannabis products or cannabis plants subject to the hold. 
4. Termination; duration. The department office may terminate an administrative 
hold at any time following the imposition of the hold, except that a hold under this section 
may not be imposed for a period exceeding 30 consecutive days from the date notice is 
provided to the licensee in accordance with subsection 1. Notice of termination of an 
administrative hold must be provided by the departmeHt office to the licensee subject to the 
hold. 
S. Departmeet aeti0e; admieistrati¥e held &at requiHd p1'i0F :ta imp0siti0n af 
peealty. Subsequeat to the termination of an administra.ti¥e hole! UHder subseotioa 4, the 
COMMITTEE AMENDMENT 
~oSi 
COMMIT11JE ~MENT "A" to S.P. 32, L.D. 40 Cs ,1cA J 
departmeitt, in. aooorda-H:oe ,vith the applioable pro11isi0Bs of this subohapter aBd the rules 
adopted pursuant to this subchapter, may impose a moBetazy peBalty OR the lioeBsee that 
was subject to the hold or suspeBd or re·1oke the licen.see's IioeRse for a violatioR of the 
pro•1isi0Bs of this chapter, the rules adopted pursuant to this chapter or the terms, ooBditioRs 
or provisioBs of the liceRsee's liceBse. 
The departmem is Bot required to impose a-H: admrnistrative hold on a liceBsee prior to 
imposrng a monetary peaalty ea a lioeasee or suspeadrng or re:i,•okin.g the lioeasee's lioease 
ia aooordaace with the applicable pro•t'isioBs of this subchapter aad the rules adopted 
pursuaBt to this subchapter for a violatioB of the provisions of this chapter, the rules adopted 
pursuaat to this ohapter or the terms, oonditiofl.s or provisioas of the lieensee's lioen.se. 
6. Administrative hold not required prior to imposition of penalty. The office is 
not required to impose an administrative hold on a licensee prior to imposing any penalty 
for any violation of the provisions of this chapter, the rules adopted pursuant to this chapter 
or the terms, conditions or provisions of the licensee's license. 
Sec. B-137. 28-B MRSA §804, as amended by PL 2019, c. 491, §7 and PL 2021, 
c. 669, §5, is repealed. 
Sec. B-138. 28-B MRSA §1101, first ,r, as amended by PL 2021, c. 645, §4 and 
c. 669, §5, is further amended to read: 
The Adult Use Cannabis Public Health and Safety and Municipal Opt-in Fund, referred 
to in this section as "the fund, 
is established as a dedicated, nonlapsing fund within the 
departmeat office for the purposes specified in this section. 
Sec. B-139. 28-B MRSA §1101, sub-§2, as.amended by PL 2023, c. 444, §1, is 
further amended to read: 
2. Uses offund. Money credited to the fund pursuant to subsection 1 may be used by 
the departmem office as provided in this subsection. 
A. Money credited to the fund may be expended by the departmeitt office to fund 
public health and safety awareness and education programs, initiatives, campaigns and 
activities relating to the sale and use of adult use cannabis and adult use cannabis 
products conducted in accordance with section 108 by the department office, another 
state agency or department or any other public or private entity. The office may give 
priority consideration to funding public health and safety awareness and education 
programs, initiatives and campaigns designed specifically for minors. 
B. Money credited to the fund may be expended by the departmeitt office to fund 
enhanced law enforcement training programs relating to the sale and use of adult use 
cannabis and adult use cannabis products for local, county and state law enforcement 
officers conducted in accordance with section 109 by the departmeBt office, the Maine 
Criminal Justice Academy, another state agency or department or any other public or 
private entity. 
C. Money credited to the fund may be expended by the departmem office to provide 
reimbursement to a municipality for qualifying expenses incurred as a result of the 
municipality's opting to permit the operation of some or all adult use cannabis 
establishments within the municipality. For the purposes of this paragraph, "qualifying 
expenses" means legal fees and costs associated with the drafting and adoption of a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 32, L.D. 40 C 
S-7 cf!) 
warrant article or the adoption or amendment of an ordinance, including the conduct 
of a town meeting or election, by a municipality that opted to permit the operation of 
some or all cannabis establishments within the municipality. Each municipality may 
receive funds, not to exceed $20,000, only once for the reimbursement of qualifying 
expenses in accordance with this paragraph. Nothing in this paragraph may be 
construed to require the department office to reimburse qualifying expenses incurred 
by a municipality if the department office determines there are insufficient funds 
available to provide reimbursement. Under no circumstances may a municipality 
submit an initial application for the reimbursement of qualifying expenses more than 3 
O 
years after the municipality adopts a warrant article or adopts or amends an ordinance 
to allow for the operation of some or all adult use cannabis establishments within the 
municipality. The departmeat office may adopt rules to implement and administer the 
reimbursement of qualifying expenses to municipalities. Rules adopted pursuant to this 
paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
The departmeat office may not reimburse qualifying expenses under this paragraph 
accrued after July 1, 2027. 
D. Any funds remaining in the fund after expenditures made in accordance with 
paragraphs A to C must be used to fund: 
(1) The cost of the tax deductions for business expenses related to carrying on a 
business as a cannabis establishment or a testing facility provided pursuant to Title 
36, section 5122, subsection 2, paragraph PP and Title 36, section 5200-A, 
subsection 2, paragraph BB. By June 1st annually, the State Tax Assessor shall 
determine the cost of those deductions during the prior calendar year and report 
that amount to the State Controller, who shall transfer that amount from the 
remaining funds in the fund to the General Fund; and 
(2) The cost of the position in the Bureau of Revenue Services within the 
department to administer the tax deductions provided pursuant to Title 36, section 
5122, subsection 2, paragraph PP and Title 36, section 5200-A, subsection 2, 
paragraph BB. By June 1st annually, the commissioner shall determine the cost of 
the position in the bureau to administer those deductions during the prior calendar 
year and report that amount to the State Controller, who shall transfer that amount 
2 
from the remaining funds in the fund to the General Fund. 
Sec. B-140. 28-B MRSA §1101, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read: 
3. Application of fund to departmeetal office expenses prohibited. Money in the 
fund may not be applied to any expenses incurred by the departmeat office in 
implementing, administering or enforcing this chapter. 
Sec. B-141. 28-B MRSA §1102, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
§1102. Adult Use Cannabis Regulatory Coordination Fund 
The Adult Use Cannabis Regulatory Coordination Fund, referred to in this section as 
"the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds account 
in the department office. The fund is administered and used by the eommissionef director 
for the purposes of adopting rules under this chapter and for the purposes of implementing, 
COMMITTEE AMENDMENT 
~os 
COMMITTEE ~NDMENT ''.4 "to S.P. 32, L.D. 40 C 
S---7 l)~ 
administering and enforcing this chapter. The eoi'l:1:ffiissioner director may expend money 
in the fund to enter into contracts with consultants and employ staff, as determined 
necessary by the eommissioner director, conduct meetings with stakeholders and conduct 
any other activities related to the implementation, administration and enforcement of this 
chapter. 
Sec. B-142. 28-B MRSA §1505 is enacted to read: 
§1505. Limitation 
Notwithstanding any provision of law to the contrary, the Office of Cannabis Policy, 
established in section 104-A, may not enforce any provision of this chapter. 
Sec. B-143. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Adult Use Cannabis Regulatory Coordination Fund Z264 
Initiative: Provides funding for one OCP Compliance Inspector position and associated 
costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
PARTC 
2023-24 
0.000 
$0 
$0 
$0 
2024-25 
1.000 
$121,154 
$16,451 
$137,605 
Sec. C-1. 22 MRSA §2142, sub-§1-A, as enacted by PL 2023, c. 267, §1, is 
amended to read: 
1-A. 
Certified nurse practitioner. "Certified nurse practitioner" has the same 
meaning as in section 2422, sabseetion 1 B 2421-A, subsection 13. 
Sec. C-2. 22 MRSA §2152, sub-§4-A, as amended by PL 2017, c. 452, §1 and PL 
2021, c. 669, §5, is further amended to read: 
4-A. Food establishment. "Food establishment" means a factory, plant, warehouse 
or store in which food and food products are manufactured, processed, packed, held for 
introduction into commerce or sold. "Food establishment" includes a caregiver, as defined 
in section~ 2421-A, subsection 8-A 11, and a registered dispensary, as defined in 
section~ 2421-A, subsection 6 il, that prepare food containing cannabis for medical 
use by a qualifying patient pursuant to chapter 5 58-C. The following establishments are not 
considered food establishments required to be licensed under section 2167: 
A. Eating establishments, as defined in section 2491, subsection 7; 
B. Fish and shellfish processing establishments inspected under Title 12, section 6101, 
6102 or 6856; 
C. Storage facilities for native produce; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A-" to S.P. 32, L.D. 40 ( ~ -7~ 
D. Establishments such as farm stands and farmers' markets primarily selling fresh 
produce not including dairy and meat products; 
E. Establishments engaged in the washing, cleaning or sorting of whole produce, 
provided as long as the produce remains in essentially the same condition as when 
harvested. The whole produce may be packaged for sale, provided that as long as 
packaging is not by a vacuum packaging process or a modified atmosphere packaging 
process; 
F. Establishments that are engaged in the drying of single herbs that are generally 
recognized as safe under 21 Code of Federal Regulations, Sections 182 to 189. The 
single herbs may be packaged for sale, pro:vided that as long as packaging is not by a 
vacuum packaging process or a modified atmosphere packaging process; and 
G. A caregiver, as defined in section~ 2421-A, subsection 8-A 11, conducting an 
activity allowed in section 2423-A for a qualifying patient who is a member of the 
family, as defmed in section~ 2421-A, subsection~ J2., or member of the same 
household, as defmed in section~ 2421-A, subsection~ .ll, of the caregiver. 
Sec. C-3. 22 MRSA §2158-B, as enacted by PL 2019, c. 491, §1 and amended by 
PL 2021, c. 669, §5, is further amended to read: 
§2158-B. Food, food additives and food products containing adult use cannabis not 
adulterated 
Notwithstanding any provision of law to the contrary, food, food additives or food 
products that contain adult use cannabis are not considered to be adulterated under this 
subchapter based solely on the inclusion of adult use cannabis. For the purposes of this 
section, 
11adult use cannabis" has the same meaning as in Title 28-B, section m 102-A, 
subsection 1. 
Sec. C-4. 22 MRSA §3763, sub-§11, 1J, as amended by PL 2017, c. 409, Pt. A, 
§4 and PL 2021, c. 669, §5, is further amended to read: 
J. Adult use cannabis and adult use cannabis products, as defined by Title 28-B, section 
m 102-A. 
Sec. C-5. 36 MRSA §172, sub-§3, as enacted by PL 2019, c. 231, Pt. A, §4 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
3. Adult use cannabis licensed establishment. If the taxpayer is a cannabis 
establishment, as defined in Title 28-B, section m 102-A, subsection ~ 1Q, to the 
Department of Administrative and Financial Services, which shall construe that liability 
and lack of cooperation to be a ground for denying, suspending or revoking the taxpayer's 
cannabis establishment license in accordance with Title 28-B, chapter 1, subchapter 8. 
Sec. C-6. 36 MRSA §1752, sub-§1-1, as enacted by PL 2017, c. 409, Pt. D, §1 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
1-1. Adult use cannabis. "Adult use cannabis" has the same meaning as in Title 28-B, 
section m 102-A, subsection 1. 
Sec. C-7. 36 MRSA §1752, sub-§1-J, as enacted by PL 2017, c. 409, Pt. D, §1 
and amended by PL 2021, c. 669, §5, is further amended to read: 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 C 
'f::i'7cfi) 
1-J. Adult use cannabis product. "Adult use cannabis product" has the same 
meaning as in Title 28-B, section W 102-A, subsection 2. 
Sec. C-8. 36 MRSA §1752, sub-§6-D, as enacted by PL 2017, c. 409, Pt. D, §1 
and amended by PL 2021, c. 669, §5, is further amended to read: 
6-D. Cannabis establishment. "Cannabis establishment" has the same meaning as in 
Title 28-B, section W 102-A, subsection~ 10. 
Sec. C-9. 36 MRSA §1752, sub-§6-H, as enacted by PL 2019, c. 231, Pt. A, §7 
and reallocated by RR2019, c. 1, Pt. A, §57 and amended by PL 2021, c. 669, §5, is further 
amended to read: 
6-H. Cannabis. "Cannabis" has the same meaning as in Title 28-B, section W 
102-A, subsection#~. 
Sec. C-10. 36 MRSA §1752, sub-§6-1, as enacted by PL 2019, c. 231, Pt. A, §8 
and reallocated by RR 2019, c. 1, Pt. A, §58 and amended by PL 2021, c. 669, §5, is further 
amended to read: 
6-I. Cannabis product. "Cannabis product" has the same meaning as in Title 28-B, 
section W 102-A, subsection;; 12,. 
Sec. C-11. 36 MRSA §1752, sub-§9-G, as enacted by PL 2019, c. 231, Pt. A, §9, 
is amended to read: 
9-G. Qualifying patient. "Qualifying patient" has the same meaning as in Title 22, 
section~ 2421-A, subsection 9- 39. 
Sec. C-12. 36 MRSA §4921, as amended by PL 2021, c. 323, §§1 and 2 and c. 669, 
§5, is further amended to read: 
§4921. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Adult use cannabis. "Adult use cannabis" has the same meaning as in Title 28-B, 
section W 102-A, subsection 1. 
2. Cultivation facility. "Cultivation facility" has the same meaning as in Title 28-B, 
section W 102-A, subsection H- 25. 
3. Immature cannabis plant. "Immature cannabis plant" has the same meaning as 
in Title 28-B, section W 102-A, subsection -±9 32. 
4. Licensee. "Licensee" has the same meaning as in Title 28-B, section W 102-A, 
subsection ~ 3 7. 
5. Cannabis establishment. "Cannabis establishment" has the same meaning as in 
Title 28-B, section W 102-A, subsection~ lQ. 
6. Cannabis flower. 
"Cannabis flower" has the same meaning as in Title 28-B, 
section W 102-A, subsection;+ 12. 
7. Cannabis plant. "Cannabis plant" has the same meaning as in Title 28-B, section 
W 102-A, subsection~ 14. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A ,, to S.P. 32, L.D. 40 c~y7b~ 
8. Cannabis trim. "Cannabis trim" has the same meaning as in Title 28-B, section 
m 102-A, subsection~ 17. 
9. Mature cannabis plant. "Mature cannabis plant" has the same meaning as in Title 
28-B, section m 102-A, subsection¾ 41. 
10. Registered caregiver. "Registered caregiver" has the same meaning as in Title 
22, section~ 2421-A, subsection H 40. 
11. Registered dispensary. "Registered dispensary" has the same meaning as in Title 
22, section~ 2421-A, subsection {t 41. 
12. Seedling. "Seedling" has the same meaning as in Title 28-B, section m 102-A. 
subsection~ 59. 
13. Wet cannabis flower. "Wet cannabis flower" means cannabis flower that is not 
dried, cured or otherwise prepared in any manner to reduce or eliminate any water weight. 
14. Wet cannabis trim. "Wet cannabis trim" means cannabis trim that is not dried, 
cured or otherwise prepared in any manner to reduce or eliminate any water weight. 
Sec. C-13. 36 MRSA §4923, sub-§5, as enacted by PL 2019, c. 231, Pt. B, §7 and 
amended by PL 2021, c. 669, §5, is further amended to read: 
5. Excise tax on purchases from registered caregivers and registered dispensaries. 
A cultivation facility licensee authorized pursuant to Title 28-B, seetion 501, subsection e, 
paragraph A to purchase cannabis plants and cannabis seeds from registered caregivers and 
registered dispensaries that transacts such a purchase shall pay to the assessor the excise 
taxes that would have been imposed under subsections 1 to 4 on the sale of the cannabis 
plants and cannabis seeds if the cannabis plants and cannabis seeds had been sold by a 
cultivation facility licensee to another licensee. 
Sec. C-14. 36 MRSA §5122, sub-§2, ,r.PP, as amended by PL 2023, c. 444, §2, is 
further amended to read: 
PP. For taxable years beginning on or after January 1, 2018, for business expenses 
related to carrying on a trade or business as a registered caregiver or a registered 
dispensary, as defined in Title 22, section ~ 
2421-A, an amount equal to the 
deduction that would otherwise be allowable under this Part to the extent that the 
deduction is disallowed under the Code, Section 280E. For taxable years beginning on 
or after January 1, 2023, for business expenses related to carrying on a trade or business 
as a registered caregiver, a registered dispensary or a manufacturing facility, as defined 
in Title 22, section~ 2421-A, or a cannabis establishment or testing facility, as 
defined in Title 28-B, section -1-02, 102-A, an amount equal to the deduction that would 
otherwise be allowable under this Part to the extent that the deduction is disallowed 
under the Code, Section 280E. 
Sec. C-15. 36 MRSA §5200-A, sub-§2, ~B, as amended by PL 2023, c. 444, 
§3, is further amended to read: 
BB. For taxable years beginning on or after January 1, 2018, for business expenses 
related to carrying on a trade or business as a registered caregiver or a registered 
dispensary, as defined in Title 22, section ~ 
2421-A, an amount equal to the 
deduction that would otherwise be allowable under this chapter to the extent that the 
deduction is disallowed under the Code, Section 280E. For taxable years beginning on 
COMMITTEE AMENDMENT 
~os 
COMMITTEEAMENDMENT"A "to S.P. 32, L.D. 40{$ 7D'r) 
or after January 1, 2023, for business expenses related to carrying on a trade or business 
as a registered caregiver, a registered dispensary or a manufacturing facility, as defined 
in Title 22, section~ 2421-A, or a cannabis establishment or testing facility, as 
defined in Title 28-B, section~ 102-A, an amount equal to the deduction that would 
otherwise be allowable under this chapter to the extent that the deduction is disallowed 
under the Code, Section 280E. 
PARTD 
Sec. D-1. Cannabis hospitality task force. The Department of Administrative 
and Financial Services, Office of Cannabis Policy shall convene a task force to review how 
other states regulate cannabis hospitality establishments and draft recommendations for a 
bill to regulate cannabis hospitality establishments in this State. The task force shall 
consider, at a minimum: 
1. Whether the office should issue a single type of cannabis hospitality establishment 
license or various license types for different business models; 
2. How different methods of consumption are to be regulated; 
3. What other products or services, including food or entertainment, may be offered at 
cannabis hospitality establishments; 
4. Exemptions from the laws relating to clean indoor air; 
5. Training for cannabis hospitality establishment employees; and 
6. Local control, including whether municipalities need to opt in or opt out of allowing 
cannabis hospitality establishments and how municipalities may or may not regulate an 
establishment. 
The office shall appoint members to the task force that include a supporter of the 2016 
cannabis legalization ballot measure; an expert on cannabis policy; an expert on cannabis 
culinary arts; an individual representing the interests of adult use cannabis consumers; an 
individual representing the interests of municipal governments; an individual representing 
the interests of adult use cannabis licensees; an individual representing the interests of the 
hospitality industry; an individual representing public health; and any other stakeholder the 
office determines necessary. 
No later than February 1, 2025, the office shall submit a report to the joint standing 
committee of the Legislature having jurisdiction over cannabis matters that includes the 
task force's findings and recommendations, including suggested legislation. 
The 
committee may report out legislation to any regular or special session of the 132nd 
Legislature based upon the task force's recommendations. 
Sec. 
D-2. 
Self-populating 
online 
license 
renewal 
application. 
Notwithstanding any provision of law to the contrary, the Department of Administrative 
and Financial Services, Office of Cannabis Policy shall develop an online license renewal 
application that self-populates all of the active licensee's information on file as previously 
submitted to the office for approval, including, but not limited to, information pertaining 
to principals and plans of record. The online license renewal application must provide a 
licensee the opportunity to verify with a single action that information on file with the office 
has not changed or to make edits, as applicable, to information on file. 
COMMITTEE AMENDMENT 
~os 
' 
COMMITTEE AMENDMENT" A-" to S.P. 32, L.D. 40 L ~-7~ 
Sec. D-3. Staggered implementation of 2-year identification cards. 
Notwithstanding any provision of law to the contrary, the Department of Administrative 
and Financial Services, Office of Cannabis Policy shall implement the 2-year registry 
identification card provisions of this legislation in section 2425-A, subsection 3 of the 
Maine Medical Use of Cannabis Act one calendar year prior to implementing the 2-year 
individual identification card provisions of this legislation in section 106 of the Cannabis 
Legalization Act.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft, and changes the title. It 
adds an emergency preamble and clause and makes significant changes to the Cannabis 
Legalization Act and the Maine Medical Use of Cannabis Act. 
Part A of the amendment clarifies that both the medical use of cannabis program and 
the adult use of cannabis program are subject to review by the joint standing committee of 
the Legislature having jurisdiction over veterans and legal affairs under the State 
Government Evaluation Act. Part A makes changes to the Maine Medical Use of Cannabis 
Act, including, but not limited to, the following. 
1. It reorganizes the definitions in alphabetical order. 
2. It amends certain definitions in response to the recommendations of the Joint 
Standing Committee on Veterans and Legal Affairs Subcommittee to Consider Non-
substantive Changes to the Maine Medical Use of Cannabis Act. 
3. It amends certain definitions to better conform the definitions with the Legislature's 
intent for the medical use of cannabis program. 
4. It establishes a process for appointing or approving a person to operate, manage, 
control or wind down a cannabis business in cases of death, disability, bankruptcy, judicial 
dissolution or other exceptional circumstances. 
5. It clarifies that a caregiver may assist up to 2 other caregivers with authorized 
activities for up to 90 days in one calendar year. 
6. It enumerates the types of violations the office may enforce and the enforcement 
actions authorized. 
7. It repeals and replaces the provision on suspension of a registration to specify the 
circumstances that warrant a suspension and to limit the suspension to one year. 
8. It adds a requirement that the Department of Administrative and Financial Services, 
Office of Cannabis Policy provide written notice to a registrant within 5 business days of 
identifying a violation of the Maine Medical Use of Cannabis Act and requires the 
registrant to provide the office with a plan of correction, if applicable, within 5 days of 
receiving the notice. 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "I\ "to S.P. 32, L.D. 40 (S'lc:Yl) 
9. It adds a requirement that if the Department of Administrative and Financial 
Services, Office of Cannabis Policy decides to impose a monetary penalty for a violation, 
the office must provide timely notice to the registrant. 
10. It clarifies that the Maine Administrative Procedure Act applies to actions of the 
office taken pursuant to the Maine Medical Use of Cannabis Act. 
Part B of the amendment makes changes to the Cannabis Legalization Act and Title 
28-B, chapter 3, which governs personal adult use of cannabis and cannabis products and 
home cultivation of cannabis for personal adult use, including, but not limited to, the 
following. 
1. It reorganizes the definitions in alphabetical order. 
2. It amends certain definitions to better conform the definitions with the Legislature's 
intent for the adult use of cannabis program. 
3. It adds a defmition of "principal" to clarify the natural persons subject to the 
provisions of the chapter when the principal is an entity and not a natural person. 
4. It establishes the Office of Cannabis Policy within the Department of Administrative 
and Financial Services and replaces the word "department" with the word "office" 
throughout the Cannabis Legalization Act. 
5. It moves the provisions related to rule-making authority into a new section. 
6. It allows a licensee to submit the required tracking data through the use of software 
that connects to the tracking system maintained by the Office of Cannabis Policy through 
an application program interface. 
7. It includes in statute the requirements for an individual identification card. 
8. It removes the requirement that an employee or other support staff submit to a 
criminal history record check. 
9. It adds a requirement that the Office of Cannabis Policy include in its annual report 
a detailed account of the income and expenditures of the Adult Use Cannabis Regulatory 
Coordination Fund and the Adult Use Cannabis Public Health and Safety and Municipal 
Opt-in Fund in Title 28-B, chapter 1, subchapter 11. 
10. It removes the requirement that a licensee be a resident of the State, a provision 
that has not been enforced by the Office of Cannabis Policy since being found 
unconstitutional by the Maine Supreme Judicial Court in 2021. 
11. It establishes a process for appointing or approving a person to operate, manage, 
control or wind down a cannabis business in cases of death, disability, bankruptcy, judicial 
dissolution or other exceptional circumstances. 
12. It clarifies that the colocation of certain adult use cannabis operations and medical 
use cannabis operations may occur in a shared facility as long as there is an owner in 
common licensed under the adult use of cannabis program and registered under the medical 
use of cannabis program. 
13. It establishes a process for a cultivation facility or nursery cultivation facility to 
acquire seeds or seedlings by purchase or gift. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 32, L.D. 40 l S--7C)ci) 
I 
14. It clarifies that a manufacturing facility licensee may, under certain conditions, 
also manufacture certain other products if authorized pursuant to Title 7, section 2231, 
except that the licensee may not manufacture hemp that does not also contain cannabis. 
15. It clarifies that a licensee may retest its adult use cannabis and adult use cannabis 
products for potency but must report the potency values for both the initial and retest to the 
Office of Cannabis Policy. 
16. It establishes a process for a licensee to provide samples of adult use cannabis and 
adult use cannabis products to a consumer. 
17. It allows a cannabis store to establish special retail sales prices. 
18. It allows for a minor to enter a cannabis store when accompanied by a parent, legal 
guardian or custodian and allows an individual identification card holder who is a parent, 
legal guardian or custodian of a minor to bring the minor on the licensed premises in 
emergency circumstances. 
19. It establishes a process for a licensee to allow visitors who are not minors in a 
limited access area of the cannabis establishment. 
20. It limits the amount of samples the Office of Cannabis Policy may collect and test 
for both product quality control and for audit testing purposes. 
21. It clarifies that returned adult use cannabis and adult use cannabis products, except 
cannabis and cannabis products returned by a consumer to a cannabis store, do not need to 
be retested if the tamper-evident packaging indicates that the cannabis or cannabis products 
have not been tampered with. 
22. It requires the Office of Cannabis Policy to submit a written decision on a request 
for approval of any labeling, packaging, advertising and marketing voluntarily submitted 
by a licensee within 30 days of the request. 
23. It amends the requirement that all edible cannabis products be stamped or 
embossed with a universal symbol by allowing an edible cannabis product serving to be 
individually wrapped or blister packaged with the universal symbol clearly included on the 
wrapping or packaging. 
24. It identifies the following edible cannabis products as impracticable to stamp, 
emboss, individually wrap or blister package: potato or corn chips, popcorn, pretzels, loose 
granola and gummies. 
25. It enumerates the types of violations the office may enforce and the enforcement 
3 
actions authorized. 
26. It decreases the monetary penalties imposed by the Office of Cannabis Policy as 
follows: the penalty for a major violation affecting public safety is decreased from not more 
than $100,000 to not more than $20,000 per violation; the penalty for a major violation is 
7 
decreased from not more than $50,000 per violation to not more than $10,000 per violation; 
and the penalty for a minor violation is decreased from not more than $10,000 per violation 
to not more than $2,500 per violation. 
27. 
It adds a requirement that the Department of Administrative and Financial 
Services, Office of Cannabis Policy provide written notice to a licensee within 5 business 
days of identifying a violation of the Maine Medical Use of Cannabis Act and requires the 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "A- "to S.P. 32, L.D. 40 [ $'"7 cf2t) 
licensee to provide the office with a plan of correction, if applicable, within 5 days of 
receiving the notice. 
28. It repeals and replaces the provision on suspension of a license to specify the 
circumstances that warrant a suspension and to limit the suspension to one year. 
29. It provides for the revocation of a license by the Office of Cannabis Policy under 
certain circumstances. 
30. It provides for timely notice to the licensee when the Office of Cannabis Policy 
identifies a violation. 
31. It clarifies that the Maine Administrative Procedure Act applies to actions of the 
office taken pursuant to the Cannabis Legalization Act. 
32. It clarifies conduct required and prohibited during an administrative hold imposed 
by the Office of Cannabis Policy. 
33. It clarifies that the Office of Cannabis Policy does not enforce the provisions of 
Title 28-B, chapter 3, which governs personal adult use of cannabis and cannabis products 
and home cultivation of cannabis for personal adult use. 
Part C of the amendment makes necessary corrections throughout the Maine Revised 
Statutes, other than in Title 28-B or Title 22, chapter 558-C, when a provision in statute 
cross-references a portion of Title 28-B or Title 22, chapter 558-C that was amended or 
repealed in this legislation. 
Part D of the amendment creates the cannabis hospitality task force to review how other 
states regulate cannabis hospitality establishments and to draft recommendations for a bill 
to regulate these establishments in the State. It requires the Office of Cannabis Policy to 
develop a self-populating online license renewal application process. 
It staggers 
implementation of the change from an annual renewal of registry identification cards 
required under Title 28-B, chapter 1 to a 2-year renewal requirement. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/11/24 feae. 
LD40 
LR 543(02) 
An Act to Amend the Cannabis Laws 
Fiscal Note for Bill as Amended by Committee Amendment "(1r[E,- 709) 
Committee: Veterans and Legal Affairs 
Appropriations/Allocations 
Other,Specia_l Revenue Funds 
Revenue 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
$0 
$J37,605 
$0 
($37,110) 
Projections 
FY 2025-26 
$141,967 
($131,550) 
Projections 
FY 2026-27 
$146,485 
($211,428: 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal number of new cases filed in the court system does not require additional funding at this time. The collection 
of additional filing fees will increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This bill includes ongoing allocations of $137,605 to the Office of Cannabis Policy (OCP) within the Department of 
Administrative and Financial Services beginning in fiscal year 2024-25 for one OCP Compliance Inspector position 
and associated position costs. 
The provisions that change requirements and tenns for registry identification cards issued under the Medical Use of 
Cannabis Program will reduce Other Special Revenue Funds revenue to the OCP by $37,110 in fiscal year 2024-25, 
. $131,550 in fiscal 2025-26 and $3 7,110 in fiscal year 2026-27. The provisions that change terms for individual 
identification cards issued under the Adult Use Cannabis Program will reduce Other Special Revenue Funds revenue 
to the OCP by $174,318 in fiscal year 2026-27. 
LR0543(02) - Fiscal Note - Page 1 of 1