An Act to Prohibit Discrimination Against Cannabis Establishment Owners and Employees and Cannabis Users
Maine Legislature, Session 131, LD 1647
Committee: Judiciary
Sponsors: BOYER, BRAKEY, ANDREWS, DANA, FAULKINGHAM, MILLIKEN, WHITE, WILLIAMS
Amends: 28-B MRSA §114, 28-B MRSA §1505

Legislative Document
No. 1647
H.P. 1057
House of Representatives, April 12, 2023
An Act to Prohibit Discrimination Against Cannabis Establishment 
Owners and Employees and Cannabis Users
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BOYER of Poland.
Cosponsored by Senator BRAKEY of Androscoggin and
Representatives: ANDREWS of Paris, DANA of the Passamaquoddy Tribe, FAULKINGHAM 
of Winter Harbor, MILLIKEN of Blue Hill, WHITE of Guilford, WILLIAMS of Bar Harbor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-B MRSA §114 is enacted to read:
§114.  Protections for authorized activity and cannabis users
1. Right of persons acting pursuant to this chapter. Except as provided in subsection 
3, a person whose conduct is authorized under this chapter, solely for lawfully engaging in 
the authorized conduct, may not be denied any right or privilege by the State, an agency or 
department of the State including a regulatory agency or business or professional licensing 
board or bureau, a municipality or other political subdivision, business or employer, 
including:
A. Denying the person any right or privilege in employment;
B. Subjecting the person to arrest or prosecution, including being subject to a civil 
penalty;
C. Subjecting the person to disciplinary action, including denying, modifying, 
suspending or revoking the person's professional or business license;
D. Denying, modifying, suspending or revoking the person's driver's license, housing 
assistance, social services or any other benefit;
E. Being discriminated against by a school, employer or landlord in a manner 
prohibited against a qualifying patient or caregiver under Title 22, section 2430-C, 
subsection 3;
F. Denying the parental rights and responsibilities of a person in a manner prohibited 
under Title 22, section 2430-C, subsection 4 against a person acting in accordance with 
Title 22, chapter 558-C;
G. Determining the person unsuitable to receive an anatomical gift in a manner 
prohibited against a qualifying patient under Title 22, section 2430-C, subsection 5; 
H. Seizing and retaining the cannabis of the person by a law enforcement officer as 
prohibited against a qualifying patient, caregiver, cannabis testing facility, 
manufacturing facility or registered dispensary under Title 22, section 2430-C, 
subsection 6; or
I. Denying any other right or privilege to which the person is otherwise entitled for the 
reason that the person does not possess or exhibit good moral character.
2. Rights of persons who use cannabis as authorized pursuant to this chapter.  
Except as provided in subsection 3, a person who is 21 years of age or older who uses adult 
use cannabis or adult use cannabis products pursuant to this chapter, solely due to the 
presence of cannabinoids or cannabinoid metabolites in the urine, blood, saliva, breath, hair 
or any other tissue or fluid of the person, may not be denied any right or privilege by the 
State, an agency or department of the State including a regulatory agency or business or 
professional licensing board or bureau, a municipality or other political subdivision, 
business or employer, including:
A. Denying the person any right or privilege in employment;
B. Subjecting the person to arrest or prosecution, including being subject to a civil 
penalty;
C. Subjecting the person to disciplinary action, including denying, modifying, 
suspending or revoking the person's professional or business license; 
D. Denying, modifying, suspending or revoking the person's driver's license, housing 
assistance, social services or any other benefit;
E. Being discriminated against by a school, employer or landlord in a manner 
prohibited against a qualifying patient or caregiver under Title 22, section 2430-C, 
subsection 3;
F. Denying the parental rights and responsibilities of a person in a manner prohibited 
under Title 22, section 2430-C, subsection 4 against a person acting in accordance with 
Title 22, chapter 558-C;
G. Determining the person unsuitable to receive an anatomical gift in a manner 
prohibited against a qualifying patient under Title 22, section 2430-C, subsection 5; 
H. Seizing and retaining the cannabis of the person by a law enforcement officer as 
prohibited against a qualifying patient, caregiver, cannabis testing facility, 
manufacturing facility or registered dispensary under Title 22, section 2430-C, 
subsection 6; or
I. Denying any other right or privilege to which the person is otherwise entitled for the 
reason that the person does not possess or exhibit good moral character.
3. Probable cause or reasonable suspicion. Except as provided in this subsection, the 
following may not constitute in part or in whole probable cause or reasonable suspicion 
and may not be used as a basis to support any stop or search of a person or motor vehicle:
A. The odor of cannabis;
B. The odor of burnt cannabis;
C. The possession of or the suspicion of possession of cannabis or cannabis 
concentrate;
D. The presence of cash or currency in proximity to cannabis or cannabis concentrate; 
or
E. The planting, cultivating, harvesting, drying, processing or possessing of cultivated 
cannabis in accordance with this chapter.
Paragraph B does not apply when a law enforcement officer is investigating whether a 
person is hunting or operating a motor vehicle, watercraft, ATV or snowmobile while 
impaired by drugs or under the combined influence of drugs or of alcohol and any drug or 
drugs in violation of Title 29-A, chapter 23 or Title 12, chapter 911. During an investigation 
under this subsection, the odor of burnt cannabis may not constitute probable cause to 
search any area of a motor vehicle, watercraft, ATV or snowmobile that is not readily 
accessible to the operator and reasonably likely to contain evidence relevant to the 
operator's condition. For purposes of this paragraph, "ATV" has the same meaning as in 
Title 12, section 13001, subsection 3.
4. Requirements for protection.  To receive protection under this section for conduct 
authorized under this chapter, a person must present upon request of a law enforcement 
officer a valid government-issued photographic identification card, or other acceptable 
photographic identification, demonstrating that the person is 21 years of age or older.
5. Exceptions.  The provisions of this section do not apply to:
A. Employment policies under section 112; or
B. Except as provided in subsection 3, a violation or offense under Title 29-A, chapter 
or Title 12, chapter 911.
6. Enforcement. A person aggrieved by a violation of subsection 1, 2 or 3 may bring 
an action in either Superior Court or District Court for equitable relief, including an 
injunction.
Sec. 2.  28-B MRSA §1505 is enacted to read:
§1505.  Protections for authorized activity and cannabis users
1. Right of persons acting pursuant to this chapter. Except as provided in subsection 
3, a person whose conduct is authorized under this chapter, solely for lawfully engaging in 
the authorized conduct, may not be denied any right or privilege by the State, an agency or 
department of the State including a regulatory agency or business or professional licensing 
board or bureau, a municipality or other political subdivision, business or employer, 
including:
A. Denying the person any right or privilege in employment;
B. Subjecting the person to arrest or prosecution, including being subject to a civil 
penalty;
C. Subjecting the person to disciplinary action, including denying, modifying, 
suspending or revoking the person’s professional or business license; 
D. Denying, modifying, suspending or revoking the person’s driver’s license, housing 
assistance, social services or any other benefit;
E. Being discriminated against by a school, employer or landlord in a manner 
prohibited against a qualifying patient or caregiver under Title 22, section 2430-C, 
subsection 3;
F. Denying the parental rights and responsibilities of a person in a manner prohibited 
under Title 22, section 2430-C, subsection 4 against a person acting in accordance with 
Title 22, chapter 558-C;
G. Determining the person unsuitable to receive an anatomical gift in a manner 
prohibited against a qualifying patient under Title 22, section 2430-C, subsection 5; 
H. Seizing and retaining the cannabis of the person by a law enforcement officer as 
prohibited against a qualifying patient, caregiver, cannabis testing facility, 
manufacturing facility or registered dispensary under Title 22, section 2430-C, 
subsection 6; or
I. Denying any other right or privilege to which the person is otherwise entitled for the 
reason that the person does not possess or exhibit good moral character.
2. Rights of persons who use cannabis as authorized pursuant to this chapter.  
Except as provided in subsection 3, a person who is 21 years of age or older who uses adult 
use cannabis or adult use cannabis products pursuant to this chapter, solely due to the 
presence of cannabinoids or cannabinoid metabolites in the urine, blood, saliva, breath, hair 
or any other tissue or fluid of the person, may not be denied any right or privilege by the 
State, an agency or department of the State including a regulatory agency or business or 
professional licensing board or bureau, a municipality or other political subdivision, 
business or employer, including:
A. Denying the person any right or privilege in employment;
B. Subjecting the person to arrest or prosecution, including being subject to a civil 
penalty;
C. Subjecting the person to disciplinary action, including denying, modifying, 
suspending or revoking the person’s professional or business license; 
D. Denying, modifying, suspending or revoking the person’s driver’s license, housing 
assistance, social services or any other benefit;
E. Being discriminated against by a school, employer or landlord in a manner 
prohibited against a qualifying patient or caregiver under Title 22, section 2430-C, 
subsection 3;
F. Denying the parental rights and responsibilities of a person in a manner prohibited 
under Title 22, section 2430-C, subsection 4 against a person acting in accordance with 
Title 22, chapter 558-C;
G. Determining the person unsuitable to receive an anatomical gift in a manner 
prohibited against a qualifying patient under Title 22, section 2430-C, subsection 5; 
H. Seizing and retaining the cannabis of the person by a law enforcement officer as 
prohibited against a qualifying patient, caregiver, cannabis testing facility, 
manufacturing facility or registered dispensary under Title 22, section 2430-C, 
subsection 6; or
I. Denying any other right or privilege to which the person is otherwise entitled for the 
reason that the person does not possess or exhibit good moral character.
3. Probable cause or reasonable suspicion. Except as provided in this subsection, the 
following may not constitute in part or in whole probable cause or reasonable suspicion 
and may not be used as a basis to support any stop or search of a person or motor vehicle:
A. The odor of cannabis;
B. The odor of burnt cannabis;
C. The possession of or the suspicion of possession of cannabis or cannabis 
concentrate;
D. The presence of cash or currency in proximity to cannabis or cannabis concentrate; 
or
E. The planting, cultivating, harvesting, drying, processing or possessing of cultivated 
cannabis in accordance with this chapter.
Paragraph B does not apply when a law enforcement officer is investigating whether a 
person is hunting or operating a motor vehicle, watercraft, ATV or snowmobile while 
impaired by drugs or under the combined influence of drugs or of alcohol and any drug or 
drugs in violation of Title 29-A, chapter 23 or Title 12, chapter 911. During an investigation 
under this subsection, the odor of burnt cannabis may not constitute probable cause to 
search any area of a motor vehicle, watercraft, ATV or snowmobile that is not readily 
accessible to the operator and reasonably likely to contain evidence relevant to the 
operator's condition. For purposes of this paragraph, "ATV" has the same meaning as in 
Title 12, section 13001, subsection 3.
4. Requirements for protection.  To receive protection under this section for conduct 
authorized under this chapter, a person must present upon request of a law enforcement 
officer a valid government-issued photographic identification card, or other acceptable 
photographic identification, demonstrating that the person is 21 years of age or older.
5. Exceptions.  The provisions of this section do not apply to:
A. Employment policies under section 112; or
B. Except as provided in subsection 3, a violation or offense under Title 29-A, chapter 
or Title 12, chapter 911.
6. Enforcement. A person aggrieved by a violation of subsection 1, 2 or 3 may bring 
an action in either Superior Court or District Court for equitable relief, including an 
injunction.
SUMMARY
This bill provides protections for a person engaged in authorized activities involving 
or using adult use cannabis or adult use cannabis products from being denied any right or 
privilege or being subject to arrest, prosecution or disciplinary action by a business or 
governmental entity, including regarding a driver's license or professional or business 
license, being discriminated against by a school, employer or landlord, being denied 
parental rights and responsibilities, being determined unsuitable for an anatomical gift, 
having cannabis seized or retained by a law enforcement officer or being denied any right 
or privilege by reason of not possessing or exhibiting good moral character, solely for 
engaging in authorized adult use cannabis or adult use cannabis products activities or for 
the presence of cannabinoids or cannabinoid metabolites in the person's system. This bill 
exempts from these provisions certain employment policies and violations of the laws 
prohibiting hunting or operating a motor vehicle, watercraft, ATV or snowmobile while 
under the influence.
The bill also prohibits using the odor of cannabis or burnt cannabis, the possession of 
cannabis or currency in proximity to cannabis or the planting, cultivating or processing of 
cannabis as probable cause or reasonable suspicion except, in some cases, during an 
investigation by a law enforcement officer of an operating under the influence offense.