An Act to Create the Maine Medical Cannabis Advisory Commission and the Medical Cannabis Alternative Health Board
Maine Legislature, Session 131, LD 1819
Committee: Veterans and Legal Affairs
Sponsors: HICKMAN, COLLINGS, BRAKEY, BRENNER, JACKSON, BOYER, DANA, RIELLY, SUPICA
Amends: 5 MRSA §12004-I, 22 MRSA §2430-I, 22 MRSA §2430-J, 22 MRSA §2430

Legislative Document
No. 1819
S.P. 734
In Senate, April 27, 2023
An Act to Create the Maine Medical Cannabis Advisory 
Commission and the Medical Cannabis Alternative Health Board
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Representative COLLINGS of Portland and
Senators: BRAKEY of Androscoggin, BRENNER of Cumberland, President JACKSON of 
Aroostook, Representatives: BOYER of Poland, DANA of the Passamaquoddy Tribe, RIELLY 
of Westbrook, SUPICA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§52-C, as enacted by PL 2017, c. 409, Pt. A, §1 
and amended by PL 2021, c. 669, §5, is repealed.
Sec. 2.  5 MRSA §12004-I, sub-§52-D is enacted to read:
52-D.   
Judiciary: 
Cannabis 
Maine Medical Cannabis Advisory 
Commission 
Expenses Only
MRSA 
§2430-I
Sec. 3.  5 MRSA §12004-I, sub-§52-E is enacted to read:
52-E.   
Judiciary: 
Cannabis 
Medical Cannabis Alternative Health 
Board
Reimbursement 
under 22 MRSA 
§2430-J, sub-§10 
MRSA 
§2430-J 
Sec. 4.  22 MRSA §2430, sub-§5, as amended by PL 2021, c. 387, §11 and c. 669, 
§5, is further amended to read:
5.  Medical cannabis research grant program established.  The medical cannabis 
research grant program, referred to in this subsection as "the program," is established within 
the department to provide grant money to support objective scientific research, including 
observational and clinical trials and existing research, on the efficacy of harvested cannabis 
as part of medical treatment and the health effects of harvested cannabis used as part of 
medical treatment.  The program must be funded from the fund.  The department Medical 
Cannabis Alternative Health Board under section 2430-J shall adopt rules necessary to 
implement the program, including, but not limited to, required qualifications of persons 
conducting the research; determining the scientific merit and objectivity of a research 
proposal; criteria for determining the amount of program funds distributed; criteria for 
determining the duration of the research; procedures for soliciting research participants, 
including outreach to patients, and for obtaining the informed consent of participants; and 
reporting requirements for the results of the research and evaluation of the research results.  
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2‑A, except that, beginning July 1, 2021, rules adopted pursuant 
to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 
2‑A.  The fund funds the staffing and activities of the Medical Cannabis Alternative Health 
Board under section 2430-J.
Sec. 5.  22 MRSA §2430-I is enacted to read:
§2430-I.  Maine Medical Cannabis Advisory Commission
1. Commission established.  The Maine Medical Cannabis Advisory Commission, 
established in Title 5, section 12004-I, subsection 52-D and referred to in this section as 
"the commission," is created for the purposes of studying, analyzing and reporting findings 
about the administration of and medical use of cannabis under this chapter and making 
recommendations for improvement.
2. Membership.  The commission consists of 9 voting members and 2 ex officio 
members.  The ex officio members are the Senate chair and House of Representatives chair 
of the joint standing committee of the Legislature having jurisdiction over cannabis matters.  
The voting membership of the commission includes:
A. Five members who are industry stakeholders, appointed by the President of the 
Senate; and
B. Four members who are industry stakeholders, appointed by the Speaker of the House 
of Representatives.
For purposes of this section, "industry stakeholder" means a person who is a cardholder, 
caregiver, qualifying patient, manufacturer or medical provider who has prescribed medical 
cannabis in the State with at least 5 years' experience in medical cannabis under this 
chapter.
3. Terms; vacancy.  Members of the commission serve for a term of 2 years and may 
serve 2 consecutive terms.  A member who has served 2 consecutive terms is eligible for 
reappointment after not serving for at least one term.  A vacancy on the commission must 
be filled in the same manner as the original appointment was made under subsection 2.  The 
commission shall organize and elect a chair, vice-chair and secretary-treasurer and adopt 
rules as to the administration of the commission and the commission's affairs.  The 
commission shall maintain financial records as may be required by the State Auditor.  
4. Duties.  The duties of the commission include:
A. Conducting research and collecting and analyzing data about the use, safety, 
efficacy and best practices in medical cannabis manufacturing, dispensation and use in 
the State;
B. Meeting at least one time per calendar quarter with industry stakeholders in an open 
and public forum with digital access and physical access to discuss the operation and 
function of the cannabis industry, statutes and rules under this chapter;
C. Providing monthly reports to the joint standing committee of the Legislature having 
jurisdiction over cannabis matters and recommending legislation to amend or improve 
provisions in this chapter based upon research, analysis and information obtained 
through meetings under paragraph B; and
D. Soliciting, evaluating and nominating members to the Medical Cannabis Alternative 
Health Board under section 2430-J.
5. Reimbursement.  Members are compensated as provided in Title 5, chapter 379.
6. Staff support.  Within the limits of its budget, the commission may contract and 
employ staff members to assist in administrative support and other duties as required to 
carry out the duties of the commission.
Sec. 6.  22 MRSA §2430-J is enacted to read:
§2430-J.  Medical Cannabis Alternative Health Board
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Complementary health plant-based medicines and practices" means a range of 
medical therapies using plant-based medicines that are beyond the scope of 
conventional medicine but may be used alongside traditional medicine and practices in 
the treatment or prevention of disease or ill health.
B. "Ingestion modality" means the manner in which cannabis has been ingested or 
introduced into a person's body, including inhaling combusted cannabis, inhaling 
vaporized cannabis, through internasal spray, buccal administration and administration 
by topical or rectal methods.
C. "Institutional review board" means a federally funded committee that is responsible 
for overseeing research involving human participants and ensuring that human research 
participants are not mistreated and that their rights are protected.
2. Board established.  The Medical Cannabis Alternative Health Board, established in 
Title 5, section 12004-I, subsection 52-E and referred to in this section as "the board," is 
created for the purpose of collecting and providing information and administering grants 
to promote research, conduct studies, perform analysis and evaluate medical cannabis 
administration, use and practices to carry out the purposes of the Medical Use of Cannabis 
Fund in section 2430.
3. Membership.  The board consists of 9 members nominated by the Maine Medical 
Cannabis Advisory Commission and confirmed by the joint standing committee of the 
Legislature having jurisdiction over cannabis matters as follows:
A. One research professional employed by the University of Maine System, another 
postsecondary institution in the State or an institutional review board;
B. Four medical providers who for at least the past 2 years have provided written 
certifications to qualifying patients;
C. Two registered caregivers who have been registered for at least 2 consecutive years 
and have treated patients with at least 2 different ingestion modalities; and
D. Two qualifying patients who have been qualifying patients for at least 3 years and 
have used cannabis through the means of at least 2 different ingestion modalities.
The director of the board serves as an ex officio member of the board. Initial appointments 
must be made within 3 months of the effective date of this section.
4. Terms; vacancy.  Members of the board serve for a term of 2 years and may serve 
consecutive terms.  A member who has served 2 consecutive terms is eligible for 
reappointment after not serving for at least one term.  A vacancy on the board must be filled 
in the same manner as the original appointment was made under subsection 3.  The board 
shall organize and elect a chair, vice-chair and secretary-treasurer and adopt rules as to the 
administration of the board and the board's affairs. The board shall maintain financial 
records as may be required by the State Auditor.
5. Meetings; quorum; voting.  The board must meet for at least 2 hours per month.  
Meetings may be held in person or remotely through video, audio, telephonic, online or 
other electronic means.  A quorum consists of 7 members.  The board acts by majority vote.
6. Duties. The duties of the board are to carry out the purposes of the medical cannabis 
research grant program under section 2430, subsection 5, including:
A. Administering the medical cannabis research grant program by soliciting, 
reviewing, evaluating, approving and awarding grants governed by subsection 7 to 
promote research, conduct studies, perform analysis and evaluate complementary 
health plant-based medicines and practices, including the safety, effectiveness, proper 
use and best practices in manufacturing, administering and using the medicines; and
B. Sharing research, information and guidance on complementary health plant-based 
medicines and practices and updates, results and findings of any grant projects under 
section 2430, subsection 5, including posting to a page on the department's publicly 
accessible website regarding medical research, and conducting quarterly informational 
seminars both in-person or via electronic means with qualifying patients, caregivers, 
medical providers, manufacturers, owners and operators of dispensaries and the public.
7. Grants.  Grants awarded by the board are governed by this subsection.
A. A grant may be awarded for objective scientific research, including observational 
and clinical trials and existing research, on the efficacy of harvested cannabis as part 
of medical treatment and the health effects of harvested cannabis used as part of 
medical treatment, including:
(1) The manufacture, processing, safety, effectiveness, administration or use of 
complementary health plant-based medicines and practices;
(2) The health, cultivation, soil, presence or absorption of metals, components such 
as flower, root and stalk, beneficial effects on other plants or animals and other 
relevant characteristics or components of plants used for complementary health 
plant-based medicines and practices; or
(3) Any other topic, study or issue determined by the board to further the purposes 
of the board.
B. The board shall favorably consider grant applications that:
(1) Encompass peer review components;
(2) Detail proposed data collection and analysis;
(3) Protect patient or participant privacy or provide waivers to publish personal 
information; and
(4) Collaborate with researchers, institutions and governments in other 
jurisdictions and internationally.
C. The board shall devise a score sheet to evaluate grant applications, including the 
qualifications and experience of applicants; review sample applications and grant 
proposals, particularly sample grants in the medical field; read, analyze and discuss 
each grant application received using the score sheet; provide a written response for 
each application; and in good faith vote as a board on each grant application.
D. A grant recipient must detail a fund disbursement schedule and milestones, interim 
goals and expected outcomes of the research, study or other activity of the grant and 
twice per year update and report to the board progress or success at meeting the fund 
disbursement schedule and detailed milestones and other results or measurables 
achieved by the grant project.
E. The board shall publish on the department's publicly accessible website under 
subsection 6, paragraph B a report for each grant awarded and any progress made or 
results achieved:
(1)  Upon award of the grant;
(2)  Six months after the award of the grant project or halfway through the grant 
project, whichever comes first;
(3)  Twelve months after the award of the grant project or at the end of the grant 
project, whichever comes first; and
(4)  Every 6 months thereafter or at the end of the grant project, whichever comes 
first.
8. Staff.  The board is staffed by the following positions and any other staff the board 
determines necessary to carry out its purposes:
A. A director who has a doctorate-level education with a background in research and 
data analysis or postsecondary-level education with significant experience in using 
cannabis as part of medical treatment. Extensive and diverse experience with a master's 
degree or equivalent may substitute for doctorate-level education. The director answers 
to the board, administers and is responsible for the operation of the board's activity, 
oversees the administrative and research assistant under paragraph B and performs any 
other duty as directed by the board; and
B. An administrative and research assistant with strong communications skills and 
demonstrated experience facilitating digital and in-person meetings and a proven 
record of data entry, analysis and reporting. The duties of the administrative and 
research assistant include:
(1) Serving as administrative staff for board meetings, including by:
(a) Facilitating regular meetings of the board;
(b) Attending all meetings of the board;
(c) Tracking attendance and participation of board members; and
(d) Keeping records of the meetings and sharing minutes with the department 
and the joint standing committee of the Legislature having jurisdiction over 
cannabis matters;
(2) Providing updates on grants under subsection 7, paragraph E and information 
on the board's purpose and activities on a frequently asked questions page or other 
informational items for medical providers, cultivators, manufacturers, qualifying 
patients, caregivers and interested members of the public on the department's 
publicly accessible website under subsection 6, paragraph B;
(3) Facilitating quarterly informational seminars under subsection 6, paragraph B; 
and
(4) Any other duty as directed by the director or the board.
The Department of Administrative and Financial Services, Bureau of Human Resources 
shall administer the hiring of staff under this subsection and background checks under 
subsection 9.
9. Background checks; fingerprinting; convictions for certain offenses.  Members 
of the board, the director, the administrative and research assistant and any other employee 
or staff of the board must undergo a criminal history record check and fingerprinting as 
required of caregivers administering medical cannabis on school grounds under section 
2425-A, subsection 3-A.  A person who has a conviction of murder or a Class A, B or C 
crime, a comparable offense in another jurisdiction or an offense involving dishonesty, 
deception, misappropriation or fraud may not serve on or be employed by the board. 
10. Reimbursement.  Except for the director, a member of the board receives a $1,000 
stipend if the member attends and participates in at least 5 out of 6 monthly meetings within 
one calendar year and receives an additional $1,000 if the member attends and participates 
in 10 out of 12 monthly meetings in the same calendar year.  The joint standing committee 
of the Legislature having jurisdiction over cannabis matters shall annually review the 
reimbursement under this subsection.
11. Funding. The board administration and the board's activities are funded by the 
Medical Use of Cannabis Fund under section 2430.
Sec. 7.  28-B MRSA c. 1, sub-c. 9, as amended, is repealed.
SUMMARY
This bill makes changes to the medical cannabis and adult use cannabis laws, including:
1. Creating the Maine Medical Cannabis Advisory Commission with membership 
consisting of stakeholders in the medical cannabis industry in the State to study, analyze 
and report findings about the administration and medical use of cannabis to the Legislature, 
make recommendations for improvement and nominate members to the Medical Cannabis 
Alternative Health Board;
2. Creating the Medical Cannabis Alternative Health Board to collect and provide 
information and administer grants to support objective scientific research on the efficacy 
of harvested cannabis as part of medical treatment and the health effects of harvested 
cannabis used as part of medical treatment. The board’s staffing and activities are funded 
by the Medical Use of Cannabis Fund; and
3. Eliminating the Cannabis Advisory Commission under the adult use cannabis laws.