An Act to Allow On-site Cannabis Consumption
Maine Legislature, Session 131, LD 1952
Committee: Veterans and Legal Affairs
Sponsors: BOYER, BLIER, FAULKINGHAM, FREDERICKS, MILLIKEN, SUPICA, THERIAULT, WILLIAMS, WOOD
Amends: 28-B MRSA §102, 28-B MRSA §201, 28-B MRSA §205, 28-B MRSA §207, 28-B MRSA §504-B, 28-B MRSA §1501

Legislative Document
No. 1952
H.P. 1254
House of Representatives, May 16, 2023
An Act to Allow On-site Cannabis Consumption
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 Representatives: BLIER of Buxton, FAULKINGHAM of Winter Harbor, 
FREDERICKS of Sanford, MILLIKEN of Blue Hill, SUPICA of Bangor, THERIAULT of 
Fort Kent, WILLIAMS of Bar Harbor, WOOD of Greene.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-B MRSA §102, sub-§29, as amended by PL 2019, c. 676, §1 and PL 
2021, c. 669, §5, is further amended to read:
29.  Cannabis establishment.  "Cannabis establishment" means a cultivation facility, 
a products manufacturing facility, a testing facility, a cannabis store, a cannabis hospitality 
establishment or a sample collector licensed under this chapter.
Sec. 2.  28-B MRSA §102, sub-§31-B is enacted to read:
31-B.  Cannabis hospitality establishment.  “Cannabis hospitality establishment” 
means a facility licensed under this chapter to purchase adult use cannabis, immature 
cannabis plants and seedlings from a cultivation facility; to purchase adult use cannabis 
and adult use cannabis products from a products manufacturing facility; to purchase adult 
use cannabis and adult use cannabis products from a cannabis store; to sell adult use 
cannabis, adult use cannabis products, cannabis paraphernalia, immature cannabis plants 
and seedlings; and to permit the consumption in the facility of the cannabis or cannabis 
products sold at the facility.
Sec. 3.  28-B MRSA §201, sub-§4, as amended by PL 2019, c. 676, §5 and PL 
2021, c. 669, §5, is further amended to read:
4.  Cannabis store.  Consistent with the restrictions of section 205, subsection 2, 
paragraph C, a cannabis store license; or
Sec. 4.  28-B MRSA §201, sub-§5, as enacted by PL 2019, c. 676, §5, is amended 
to read:
5.  Sample collector.  Consistent with the requirements and restrictions of section 205, 
subsection 2, paragraph B and section 503‑A, a sample collector license.; or
Sec. 5.  28-B MRSA §201, sub-§6 is enacted to read:
6.  Cannabis hospitality establishment.  Consistent with the restrictions of section 
504-B, a cannabis hospitality establishment license.
Sec. 6.  28-B MRSA §205, sub-§2, ¶A, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended by amending subparagraph (2) to read:
(2)  Multiple cultivation facility licenses with a combined total licensed amount of 
plant canopy exceeding 30,000 square feet, except when that exceedance is solely 
attributable to approved increases in the maximum licensed area of plant canopy 
authorized under a tier 4 cultivation facility license pursuant to section 304; and
Sec. 7.  28-B MRSA §205, sub-§2, ¶B, as amended by PL 2019, c. 676, §6 and PL 
2021, c. 669, §5, is further amended to read:
B.  If the applicant has applied for the issuance or renewal of a testing facility license 
or sample collector license, the applicant may not be a caregiver or registered caregiver 
or have an interest in a registered dispensary, a cultivation facility license, a products 
manufacturing facility license or, a cannabis store license or a cannabis hospitality 
establishment license. If the applicant has applied for the issuance or renewal of any 
license under this chapter that is not a testing facility license or a sample collector 
license, the applicant may not have an interest in a testing facility license or a sample 
collector license. An applicant that meets the requirements for the issuance of a testing 
facility license under this chapter and the requirements of this paragraph may apply for 
and be issued multiple testing facility licenses. For purposes of this paragraph, 
"interest" means an equity ownership interest or a partial equity ownership interest or 
any other type of financial interest, including, but not limited to, being an investor or 
serving in a management position; and.
Sec. 8.  28-B MRSA §207, 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.  Fees for products manufacturing facilities and cannabis stores.  For a products 
manufacturing facility license or, a cannabis store license or a cannabis hospitality 
establishment license, the department shall require payment of an application fee of $250 
and a license fee of not more than $2,500.
Sec. 9.  28-B MRSA §504-B is enacted to read:
§504-B.  Cannabis hospitality establishment
A cannabis hospitality establishment must be operated in accordance with the 
provisions of this section and the rules adopted pursuant to this chapter.
1.  Products authorized for sale.  Except as provided in subsection 2, a cannabis 
hospitality establishment may sell:
A.  Adult use cannabis, adult use cannabis products, cannabis paraphernalia, immature 
cannabis plants and seedlings;
B.  Consumable products not containing cannabis, including, but not limited to, sodas, 
candies and baked goods; and
C.  Any other nonconsumable products, including, but not limited to, apparel and 
cannabis-related products.
2.  Prohibitions.  A cannabis hospitality establishment may not:
A.  Give away adult use cannabis or adult use cannabis products;
B.  Give away or sell products containing tobacco or alcohol;
C.  Sell to any person during the same business day an amount of adult use cannabis, 
adult use cannabis products, immature cannabis plants or seedlings that exceeds the 
personal adult use limitations of section 1501, subsection 1;
D.  Allow the consumption of alcohol or the smoking or use of tobacco or tobacco 
products on the licensed premises;
E.  Allow adult use cannabis or adult use cannabis products that are not purchased from 
the cannabis hospitality establishment to be used on the licensed premises;
F.   Sell adult use cannabis, adult use cannabis products or immature cannabis plants 
using:
(1)  An automated dispensing or vending machine;
(2)  A drive-through sales window;
(3)  An Internet-based sales platform; or
(4)  A delivery service;
G.  Knowingly permit any activity or acts of disorderly conduct as described in Title 
17-A, section 501-A;
H.  Permit rowdiness, undue noise or other disturbances or activity offensive to the 
average citizen or to the residents of the neighborhood in which the licensed premises 
are located; 
I.  Sell adult use cannabis or adult use cannabis products to a person who is visibly 
intoxicated; or
J.  Sell adult use cannabis or adult use cannabis products to any person solely for off-
premises use, unless the cannabis hospitality establishment licensee also holds a valid 
cannabis store license.  Nothing in this paragraph prohibits the cannabis hospitality 
establishment from selling immature cannabis plants and seedlings for use off premises 
or from allowing a person who purchases adult use cannabis or adult use cannabis 
products for on-premises use to take off premises amounts that are not used on 
premises, as long as the amount taken off premises does not exceed the amount that 
may be transported under section 1501, subsection 1, paragraph B.
3.  Operation.  A cannabis hospitality establishment:
A.  Shall ensure the sale and consumption of adult use cannabis and adult use cannabis 
products cease if an emergency requires law enforcement officers, firefighters, 
emergency medical service providers or other public safety personnel to enter the 
establishment.  Sale and consumption may resume after such personnel have left the 
establishment;
B.  Shall destroy adult use cannabis and adult use cannabis products left behind by a 
patron, except for purposes of recycling;
C.  Shall ensure the display and consumption of adult use cannabis and adult use 
cannabis products are not visible from outside the establishment;
D.  May remove an individual from the establishment for any reason;
4.  Compliance with packaging, labeling and health and safety requirements.  All 
adult use cannabis and adult use cannabis products sold or offered for sale at a cannabis 
hospitality establishment must meet all applicable packaging, labeling and health and 
safety requirements of subchapter 7 and the rules adopted under subchapter 7.
5.  Verification of purchaser's age.  A person must be 21 years of age or older to enter 
or make a purchase from a cannabis hospitality establishment.  A cannabis hospitality 
establishment may not sell any item to a person under 21 years of age.
A.  Prior to initiating a sale in a cannabis hospitality establishment, an employee of the 
cannabis hospitality establishment licensee shall verify that the purchaser has a valid 
government-issued photographic identification card, or other acceptable photographic 
identification, demonstrating that the purchaser is 21 years of age or older.
B.  The department shall by rule determine the forms of photographic identification 
that a cannabis hospitality establishment licensee may accept when verifying a 
purchaser's age.
6.  Controlled area.  A cannabis hospitality establishment shall establish a controlled 
area in which an employee of the cannabis hospitality establishment licensee may verify 
the identification and age of persons before they enter the sales area of the cannabis 
hospitality establishment. The controlled area may be outside of the establishment or may 
be a controlled, indoor entry area clearly indicated by signs or physical barriers so that 
persons in the controlled area are separated from the sales area of the cannabis hospitality 
establishment.
7.  Prohibition on use of shared facility.  A cannabis hospitality establishment 
licensee that is also a registered caregiver or a registered dispensary pursuant to Title 22, 
chapter 558-C may not sell or offer for sale to consumers or permit consumption of adult 
use cannabis and adult use cannabis products pursuant to this chapter within the same 
facility or building in which the licensee also sells or offers for sale to qualifying patients 
cannabis and cannabis products for medical use pursuant to Title 22, chapter 558-C.
8.  Colocation.  A cannabis hospitality establishment may be located in proximity to 
any other cannabis establishment, other than a testing facility, as long as the cannabis 
hospitality establishment is in a separate building or has a separate entrance from the other 
cannabis establishment.  The department by rule shall prescribe the location of cannabis 
hospitality establishments in relation to a testing facility.
9.  Signs, marketing and advertising.  All signs used by and all marketing and 
advertising conducted by or on behalf of a cannabis hospitality establishment must comply 
with the requirements of section 702 and the rules adopted pursuant to section 702.
10.  Sales tax.  A cannabis hospitality establishment licensee 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.
11.  Tracking.  In accordance with the requirements of section 105, a cannabis 
hospitality establishment licensee shall track all adult use cannabis and adult use cannabis 
products from the point at which the cannabis or cannabis products are delivered or 
transferred to the cannabis hospitality establishment by a cultivation facility or a products 
manufacturing facility to the point at which the cannabis or cannabis products are sold to a 
consumer, delivered or transferred to a testing facility or disposed of or destroyed.
12.  Training.  In accordance with rules adopted by the department, a cannabis 
hospitality establishment licensee shall provide training to all employees on how to 
recognize impairment resulting from cannabis use.  The department shall develop an 
appropriate training course or program for use by cannabis hospitality establishment 
licensees.
13.  Rules.  The department shall adopt rules regarding the licensing and operation of 
cannabis hospitality establishments. The rules must include requirements governing 
cannabis hospitality establishment operations that ensure odor control and workplace 
safety, including ventilation requirements to limit employee exposure to cannabis smoke. 
The rules must also require a cannabis hospitality establishment to carry appropriate 
insurance coverage for liability arising from the negligence of its customers. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 10.  28-B MRSA §1501, sub-§2, ¶A, as enacted by PL 2017, c. 409, Pt. A, §6 
and amended by PL 2021, c. 669, §5, is further amended to read:
A.  A person 21 years of age or older may consume cannabis or cannabis products only 
if that person is:
(1)  In a private residence, including curtilage; or
(2)  On private property, not generally accessible by the public, and the person is 
explicitly permitted to consume cannabis or cannabis products on the property by 
the owner of the property.; or
(3)  In a cannabis hospitality establishment.
SUMMARY
This bill permits facilities to be licensed for the on-site consumption of adult use 
cannabis and adult use cannabis products under the Cannabis Legalization Act.