An Act Authorizing the Governor to Enter into Interstate Agreements Regarding the Cannabis Industry
Maine Legislature, Session 131, LD 1765
Committee: Veterans and Legal Affairs
Sponsors: PERRY

Legislative Document
No. 1765
H.P. 1129
House of Representatives, April 25, 2023
An Act Authorizing the Governor to Enter into Interstate 
Agreements Regarding the Cannabis Industry
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-B MRSA c. 1, sub-c. 12 is enacted to read:
SUBCHAPTER 12
INTERSTATE AGREEMENTS
§1201. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Agreement.  "Agreement" means an agreement entered into under this subchapter 
between the Governor and another state or states regarding commercial cannabis activity.
2.  Commercial cannabis activity.  "Commercial cannabis activity" means the 
transportation, cultivation, manufacture, testing, purchase, sale or distribution of cannabis 
or cannabis products.
3.  Contracting state.  "Contracting state" means a state with which the Governor has 
entered into an agreement pursuant to this subchapter.
4.  Maine commercial cannabis business.  "Maine commercial cannabis business" 
means an individual or entity authorized to engage in commercial cannabis activity in this 
State pursuant to this chapter or Title 22, chapter 558-C.
5.  Out-of-state commercial cannabis business.  "Out-of-state commercial cannabis 
business" means an individual or entity authorized under the laws of another state to engage 
in commercial cannabis activity within that state.  
6.  State.  "State" means a state of the United States or any district, commonwealth, 
territory or possession subject to the legislative authority of the United States.
§1202. Agreement by Governor
The Governor may enter into one or more agreements with another state or states 
authorizing commercial cannabis activity in this State by an out-of-state commercial 
cannabis business or authorizing a Maine commercial cannabis business to engage in 
commercial cannabis activity in the contracting state, as long as the provisions of this 
subchapter are met.
§1203. Federal action required
An agreement entered into pursuant to this subchapter takes effect upon or after the 
occurrence of the following:
1.  Federal law permits interstate transfer.  Federal law authorizes the interstate 
commercial cannabis activities authorized by the agreement;
2.  Federal expenditures prohibited.  Federal law prohibits the expenditure of federal 
funds to prevent the interstate commercial cannabis activities authorized by the agreement;
3.  Opinion of United States Department of Justice.  The United States Department 
of Justice issues an opinion or memorandum allowing or tolerating the interstate 
commercial cannabis activities authorized by the agreement; or
4.  Opinion of Attorney General of United States.  The Attorney General of the 
United States issues a written opinion that, based on review of federal judicial decisions 
and administrative action, implementation of the agreement will not result in significant 
legal risk to this State.
§1204. Agreement requirements  
An agreement entered into pursuant to this subchapter must contain provisions that: 
1.  Department authorization.  Require an out-of-state commercial cannabis business 
to comply with the requirements of this Title or Title 22, chapter 558-C, as appropriate, in 
order to engage in commercial cannabis activity in this State;
2.  Standards.  Require the contracting state to apply standards to out-of-state 
commercial cannabis businesses operating in the contracting state that meet or exceed the 
standards found in this chapter or Title 22, chapter 558-C, as appropriate, regarding:
A.  Tracking and tagging cannabis plants, adult use cannabis and adult use cannabis 
products from immature cannabis plant to the point of retail sale, disposal or 
destruction;
B.  Testing cannabis and cannabis products prior to selling or distributing to ensure the 
cannabis and cannabis products do not exceed the maximum level of allowable 
contamination for any contaminate that is injurious to health and for which testing is 
required and to ensure correct labeling;
C.  Identifying adulterated or misbranded cannabis products and destroying those 
products; and
D.  Packaging, labeling, marketing and advertising of cannabis and cannabis products;
3.  Public health and safety emergencies.  Require the appropriate regulatory 
authority of the contracting state to address public health and welfare emergencies 
concerning cannabis or cannabis products that are sold or intended for sale within this State, 
including the prompt recall or embargo of adulterated or misbranded cannabis or cannabis 
products;
4.  Investigate alleged noncompliance.  Require the appropriate regulatory authority 
of the contracting state to investigate and reasonably cooperate with this State's 
investigation of instances of alleged noncompliance with the agreement and laws and rules 
applicable to out-of-state commercial cannabis businesses operating in this State in 
accordance with mutually agreed-upon procedures;
5.  Promote inclusion.  Require the contracting state to promote the inclusion and 
support of individuals and communities in the cannabis industry who are linked to 
populations and neighborhoods that were negatively or disproportionately affected by 
cannabis criminalization as determined by the Governor; and
6.  Transportation prohibited.  Prohibit the transportation of cannabis or cannabis 
products by an out-of-state commercial cannabis business or a Maine commercial cannabis 
business through a state that does not authorize that transportation. 
§1205.  License required; rules
An out-of-state commercial cannabis business may not engage in commercial cannabis 
activity in this State unless authorized to do so in accordance with this Title or Title 22, 
chapter 558-C, as appropriate.  The department shall adopt rules to implement, administer 
and enforce this subchapter.  Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2‑A.
§1206.  Affix signature
When the Governor, on behalf of the State, executes an agreement pursuant to this 
subchapter, the Governor shall affix the Governor's signature to the agreement under a 
recital that the agreement is executed pursuant to the provisions of this subchapter and 
subject to the limitations and qualifications contained in this subchapter.  
§1207.  Report  
By January 15, 2024, and annually thereafter, the department shall submit a report to 
the joint standing committee of the Legislature having jurisdiction over adult use cannabis 
and medical use cannabis matters listing all agreements entered into pursuant to this 
subchapter, including, but not limited to, information regarding the terms and conditions 
of each agreement, the activities undertaken by the department and other state agencies to 
implement the agreement and the effects of the agreement on the adult use and medical use 
cannabis industries in this State.
SUMMARY
This bill permits the Governor to enter into interstate agreements authorizing the 
transportation, cultivation, manufacture, testing, purchase, sale or distribution of cannabis 
or cannabis products into and out of this State by entities licensed in Maine pursuant to the 
Maine Revised Statutes, Title 28-B, chapter 1 or Title 22, chapter 558-C.  Such agreements 
will be effective if one of the following occurs: (1) federal law allows for the interstate 
transfer of cannabis or cannabis products; (2) federal law specifically prohibits the 
expenditure of federal funds to prevent the interstate transfer of cannabis or cannabis 
products; (3) the United States Department of Justice issues an opinion or memorandum 
allowing or tolerating the interstate transfer of cannabis products; or (4) the Attorney 
General of the United States issues a written opinion that implementation of these 
agreements will not result in significant legal risk to this State. 
The agreements must require a cannabis business from the contracting state to be 
authorized to operate in this State pursuant to either Title 28-B, chapter 1 or Title 22, 
chapter 558-C and that the contracting state apply standards on these businesses equal to 
or exceeding Maine standards on: tracking; tagging; testing; identifying and destroying 
adulterated or misbranded cannabis products; labeling; marketing; and advertising.  The 
contracting state must also agree to address public health and safety emergencies 
concerning cannabis and cannabis products and agree to assist in investigations of 
noncompliance with the agreement or Maine's laws or rules. The agreements must also 
prohibit the transportation of cannabis or cannabis products in states that do not authorize 
such transportation.