An Act to Allow Cannabis Advertising and to Allow Cannabis Delivery
Maine Legislature, Session 131, LD 1680
Committee: Veterans and Legal Affairs
Sponsors: BOYER, HICKMAN, COLLINGS, RIELLY, SUPICA
Amends: 28-B MRSA §501, 28-B MRSA §502, 28-B MRSA §504, 28-B MRSA §702

Legislative Document
No. 1680
H.P. 1079
House of Representatives, April 18, 2023
An Act to Allow Cannabis Advertising and to Allow Cannabis 
Delivery
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BOYER of Poland.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: COLLINGS of Portland, RIELLY of Westbrook, SUPICA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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; delivery service.  Except as provided in subsection 3 and subsection 11, 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 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. 2.  28-B MRSA §501, sub-§3, ¶D, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read:
D.  A nursery cultivation facility may sell to consumers only immature cannabis plants, 
seedlings, cannabis seeds and agricultural or gardening supplies relating to the 
cultivation of cannabis pursuant to subsection 11 or from the nursery cultivation facility 
under this paragraph.  Sales to consumers by from a nursery cultivation facility:
(1)  Must be conducted within a portion of the licensed premises of the nursery 
cultivation facility that is dedicated to consumer sales of immature cannabis plants, 
seedlings, cannabis seeds and agricultural or gardening supplies relating to the 
cultivation of cannabis.  A nursery cultivation facility licensee shall ensure that the 
portion of the licensed premises of the nursery cultivation facility that is dedicated 
to consumer sales complies with all applicable requirements of this chapter and the 
rules adopted pursuant to this chapter concerning the operation of cannabis stores; 
and
(2)  Are subject to the sales tax imposed pursuant to Title 36, section 1811 and 
must be collected and remitted as required by subsection 9.
Sec. 3.  28-B MRSA §501, sub-§11 is enacted to read:
11.  Delivery service.  A tier 1 cultivation facility under section 301, subsection 1, a 
tier 2 cultivation facility under section 301, subsection 2 and a nursery cultivation facility 
may sell to consumers through a delivery service operated under the same requirements as 
for cannabis stores under section 504, subsection 9, but a nursery cultivation facility may 
sell under this subsection only those items authorized for sale under subsection 3, paragraph 
D. A cultivation facility authorized to conduct retail sales under this subsection shall ensure 
that the tax imposed on the sale of adult use cannabis and adult use cannabis products to a 
consumer pursuant to Title 36, section 1811 is collected and remitted in accordance with 
the requirements of Title 36, Part 3 and the rules adopted pursuant to Title 36, Part 3.
Sec. 4.  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; delivery service.  A products manufacturing 
facility may not sell or offer to sell adult use cannabis or adult use cannabis products to 
consumers unless through a delivery service under this subsection or the products 
manufacturing facility licensee obtains from the department 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. A products manufacturing facility may sell to 
consumers through a delivery service operated under the same requirements as for cannabis 
stores under section 504, subsection 9. A products manufacturing facility authorized to 
conduct retail sales under this subsection shall ensure that the tax imposed on the sale of 
adult use cannabis and adult use cannabis products to a consumer pursuant to Title 36, 
section 1811 is collected and remitted in accordance with the requirements of Title 36, Part 
and the rules adopted pursuant to Title 36, Part 3.
Sec. 5.  28-B MRSA §504, sub-§2, ¶C, as amended by PL 2021, c. 667, §1 and c. 
669, §5, is further amended to read:
C.  Sell adult use cannabis, adult use cannabis products or cannabis plants using:
(1)  An automated dispensing or vending machine;
(2)  A drive-through sales window, except as provided by subsection 10; or
(3)  An Internet-based sales platform; or
(4)  A delivery service, except as provided by subsection 9; or
Sec. 6.  28-B MRSA §504, sub-§9, as enacted by PL 2021, c. 667, §3 and amended 
by c. 669, §5, is further amended to read:
9.  Limited delivery Delivery service.  A cannabis store, a cultivation facility under 
section 501, subsection 11 and a products manufacturing facility under section 502, 
subsection 2 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, cultivation facility or products 
manufacturing facility may not deliver adult use cannabis or an immature cannabis plant, 
seedling or adult use cannabis product to a person under 21 years of age.
A.  A cannabis store, cultivation facility or products manufacturing facility operating a 
limited delivery service shall ensure that cannabis store, cultivation facility or products 
manufacturing facility employees engaging in delivery have received training, 
prescribed by the department 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 only to a any residential dwelling and or 
commercial location, including a location used as a short-term rental property, but may 
not deliver to any residential dwelling located location within a safe zone designated 
by a municipality under Title 30‑A, section 3253.  A cannabis store, cultivation 
facilities or products manufacturing facility operating a limited delivery service may 
deliver to a residential dwelling residence in any municipality in the State regardless 
of whether the municipality has approved the operation of cannabis stores, cultivation 
facilities or products manufacturing facilities. For purposes of this paragraph, 
"short-term rental property" means a property used exclusively or in part for rental 
under short-term leases of 100 days or less where no lease renewal or extension can 
occur.
The department shall adopt rules to implement this subsection. Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2‑A.
Sec. 7.  28-B MRSA §702, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is repealed.
Sec. 8.  28-B MRSA §702, sub-§2, as enacted by PL 2017, c. 409, Pt. A, §6 and 
amended by PL 2021, c. 669, §5, is repealed.
Sec. 9.  28-B MRSA §702, sub-§3 is enacted to read:
3.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Alcohol" has the same meaning as in Title 28-A, section 2, subsection 2.
B.  "Prescription drug" means a prescription drug under Title 22, section 2700.
C.  "Tobacco product" has the same meaning as in Title 22, section 271, subsection 4.
Sec. 10.  28-B MRSA §702, sub-§4 is enacted to read:
4.  Restrictions on signs, advertising and marketing.  A licensee may advertise or 
market the promotion of the licensee's business and adult use cannabis and adult use 
cannabis products sold by the licensee, including the display of a sign on the licensed 
premises and off the licensed premises on the exterior of a motor vehicle, in a manner no 
more restricted than the advertising or marketing that promotes an alcohol, tobacco or 
prescription drug product is restricted.
SUMMARY
This bill allows adult use cannabis and cannabis product stores, certain cultivators and 
products manufacturers to operate a delivery service to commercial locations, including 
locations operated as short-term rental properties, and allows an adult use cannabis and 
cannabis product licensee to advertise, market and display signs promoting the licensee's 
business and products in a manner no more restricted than the sale or promotion of alcohol, 
tobacco products or prescription drugs is restricted.  This bill allows signs for adult use 
cannabis and adult use cannabis products on the exterior of motor vehicles.