An Act to Support Patients by Permitting On-site Consumption of Medical Cannabis and Medical Cannabis Products
Maine Legislature, Session 131, LD 1530
Committee: Veterans and Legal Affairs
Sponsors: SUPICA, BOYER, LOOKNER, MATHIESON, RIELLY, HICKMAN
Amends: 22 MRSA §2429-D, 22 MRSA §2430-I

Legislative Document
No. 1530
H.P. 985
House of Representatives, April 5, 2023
An Act to Support Patients by Permitting On-site Consumption of 
Medical Cannabis and Medical Cannabis Products
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SUPICA of Bangor.
Cosponsored by Representatives: BOYER of Poland, LOOKNER of Portland, MATHIESON 
of Kittery, RIELLY of Westbrook, Senator: HICKMAN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2429-D, first ¶, as amended by PL 2019, c. 217, §5 and PL 
2021, c. 669, §5, is further amended to read:
Pursuant to the home rule authority granted under the Constitution of Maine, Article 
VIII, Part Second and Title 30‑A, section 3001, a municipality may regulate registered 
caregivers, caregiver retail stores operating pursuant to section 2423‑A, subsection 2, 
paragraph P, registered dispensaries, cannabis testing facilities and, manufacturing 
facilities and the on-site consumption of harvested cannabis authorized pursuant to section 
2430-I.
Sec. 2.  22 MRSA §2430-I is enacted to read:
§2430-I.  On-site consumption
A registered caregiver, caregiver retail store or registered dispensary may permit the 
consumption of harvested cannabis for medical use by a qualifying patient only in 
accordance with the following.
1. Department permit. The registered caregiver, caregiver retail store or registered 
dispensary shall obtain a permit from the department authorizing on-site consumption of 
harvested cannabis.  The department, by rule, shall establish the process for issuing permits 
under this subsection as well as the permit fee, which may not exceed the administrative 
cost of issuing the permit.  Rules adopted pursuant to this subsection are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A.
2. Compliance.  The registered caregiver, caregiver retail store or registered dispensary 
shall comply with all applicable requirements under this chapter and the rules adopted 
pursuant to this chapter. 
3. Physically separate area.  In the case of a caregiver retail store or registered 
dispensary, on-site consumption of harvested cannabis must occur only in an area 
physically separate from all other areas of the caregiver retail store or registered dispensary, 
including the sales area. 
4.  Security.  In the case of a caregiver retail store or registered dispensary, the store 
or registered dispensary shall implement appropriate security measures to deter and prevent 
unauthorized entrance into areas where on-site consumption occurs.
5.  Assistants.  A registered caregiver, caregiver retail store or registered dispensary 
may hire any number of assistants to assist in on-site consumption, but those assistants 
must be 21 years of age or older. 
6.  Signs, advertising and marketing.  Signs, advertising and marketing used by or 
on behalf of a registered caregiver, caregiver retail store or registered dispensary 
advertising or marketing on-site consumption of harvested cannabis must comply with 
section 2429-B.
7.  Sales tax.  The registered caregiver, caregiver retail store or registered dispensary 
shall ensure that the tax imposed on the sale of harvested cannabis 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.
SUMMARY
This bill allows for the on-site consumption of harvested cannabis for medical use by 
a qualifying patient in a caregiver retail store, in a registered dispensary or with a registered 
caregiver.  The Department of Administrative and Financial Services must establish, by 
major substantive rule, the process for issuing permits for on-site consumption and the 
permit fee, which may not exceed the administrative cost of issuing the permit.