Resolve, Regarding Legislative Review of Chapter 10: Rules for the Administration of the Adult Use Cannabis Program, a Major Substantive Rule of the Department of Administrative and Financial Services, Office of Cannabis Policy
Maine Legislature, Session 131, LD 2187
Committee Amendment CA_A_H952 (House)

COMMITTEE AMENDMENT ,fr" to H.P. 1401, L.D. 2187, "Resolve, Regarding 
Legislative Review of Chapter 10: Rules for the Administration of the Adult Use Cannabis 
Program, a Major Substantive Rule of the Department of Administrative and Financial 
Services, Office of Cannabis Policy" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Regarding Legislative Review of Chapter 10: Rules for the Administration 
of the Adult Use Cannabis Program; Chapter 20: Rules for the Licensure of Adult 
Use Cannabis Establishments; and Chapter 30: Compliance Rules for Adult Use 
Cannabis Establishments, Major Substantive Rules of the Department of 
Administrative and Financial Services, Office of Cannabis Policy' 
Amend the resolve in the emergency preamble in the 3rd paragraph in the first line 
(page 1, line 6 in L.D.) by striking out the following: ''a major substantive rule has" and 
inserting the following: 'major substantive rules have' 
Amend the resolve in the emergency preamble in the 4th paragraph in the 2nd line 
(page 1, line 9 in L.D.) by striking out the following: "rule" and inse1ting the following: 
'rules' 
Amend the resolve by striking out everything after the emergency preamble and before 
the emergency clause and inse1ting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of Chapter 10: Rules for the 
Administration of the Adult Use Cannabis Program, a provisionally adopted major 
substantive rule of the Depaitment of Administrative and Financial Services, office of 
cannabis policy that has been submitted to the Legislature for review pursuant to the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the following 
changes are made: 
1. The rule must be amended, as necessary, to substitute the words "minor" and 
"minors" for the phrases "individual under 21 years of age" and "individuals under 21 years 
of age, 
respectively; 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT A" to H.P. 1401, L.D. 2187 
2. The rule must be amended in the subsection labeled "Definitions" to expand the 
definition of "principal" to better identify the natural persons associated with the various 
types of business entities licensed under the Maine Revised Statutes, Title 28-B, chapter 1; 
3. The rule must be amended in section 1.4 and any other relevant sections to remove 
the requirement that packaging for adult use cannabis and adult use cannabis products be 
opaque; 
4. The rule must be amended, as necessary, to allow the requirement for child-resistant 
and tamper-evident packaging to be met either through the packaging of or the exit 
packaging for adult use cannabis or adult use cannabis products; 
5. The rule must be amended, as necessary, to conform the rule to any changes to the 
Maine Revised Statutes, Title 28-B, chapter 1 enacted in the Second Regular Session of the 
131st Legislature, including, but not limited to, changes to definitions; 
6. 
All necessary grammatical, formatting, punctuation or other technical 
nonsubstantive editing changes must be made to the rule, and any necessary correction of 
the description of the units of the rule must be made to ensure proper reference and 
application of the provisions of the rule; and 
7. All other necessary changes must be made to the rule to ensure conformity and 
consistency throughout the rule and to ensure consistency between the rule and the 
provisions of this section and between the rule and the provisions of the Maine Revised 
Statutes, Title 28-B, chapter 1. 
The Depa1iment of Administrative and Financial Services, office of cannabis policy is 
not required to hold hearings or undertake fmiher proceedings prior to final adoption of the 
rule in accordance with this section. 
Sec. 2. Adoption. Resolved: That, using this resolve as permitted in the Maine 
Revised Statutes, Title 5, section 8072, subsection 11, final adoption of Chapter 20: Rules 
for the Licensure of Adult Use Cannabis Establishments, a provisionally adopted major 
substantive rule of the Department of Administrative and Financial Services, office of 
cannabis policy that has been submitted to the Legislature for review pursuant to Title 5, 
chapter 375, subchapter 2-A, is authorized only if the following changes are made: 
1. The rule must be amended, as necessary, to substitute the words "minor" and 
"minors" for the phrases "individual under 21 years of age" and "individuals under 21 years 
of age"; 
2. The rule must be amended, as necessary, to allow a licensee to use equipment not 
included on the licensee's plan of record in emergency or exigent circumstances to the 
extent use of the equipment is necessary to mitigate loss of or damage to a licensee's 
invent01y or prope1iy; 
3. The rule must be amended, as necessa1y, to allow the requirement for child-resistant 
and tamper-evident packaging to be met either through the packaging of or the exit 
packaging for adult use cannabis or adult use cannabis products; 
4. The rule must be amended, as necessary, to conform the rule to any changes to the 
Maine Revised Statutes, Title 28-B, chapter 1 enacted in the Second Regular Session of the 
131st Legislature, including, but not limited to, changes to definitions; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A• to H.P. 1401, L.D. 2187 
5. 
All necessary grammatical, formatting, punctuation or other technical 
nonsubstantive editing changes must be made to the rule, and any necessary correction of 
the description of the units of the rule must be made to ensure proper reference and 
application of the provisions of the rule; and 
6. All other necessary changes must be made to the rule to ensure conformity and 
consistency throughout the rule and to ensure consistency between the rule and the 
provisions of this section and between the rule and the provisions of the Maine Revised 
Statutes, Title 28-B, chapter 1. 
The Department of Administrative and Financial Services, office of cannabis policy is 
not required to hold hearings or unde1take further proceedings prior to final adoption of the 
rule in accordance with this section. 
Sec. 3. Adoption. Resolved: That, using this resolve as permitted in the Maine 
Revised Statutes, Title 5, section 8072, subsection 11, final adoption of Chapter 30: 
Compliance Rules for Adult Use Cannabis Establishments, a provisionally adopted major 
substantive rule of the Department of Administrative and Financial Services, office of 
cannabis policy that has been submitted to the Legislature for review pursuant to Title 5, 
chapter 375, subchapter 2-A, is authorized only if the following changes are made: 
1. The rule must be amended, as necessary, to substitute the words "minor" and 
"minors" for the phrases 11individual under 21 years of age" and 11individuals under 21 years 
of age, 11 respectively; 
2. The rule must be amended, as necessary, to substitute the phrase 11targets minors,11 
or a similar phrase, for the phrase 11appeals to individuals under 21 years of age, 11 and similar 
phrases; 
3. The rule must be amended, as necessary, to allow a licensee to use equipment not 
included on the licensee1s plan of record in emergency or exigent circumstances to the 
extent use of the equipment is necessary to mitigate loss of or damage to a licensee1s 
inventory or prope1ty; 
4. The rule must be amended, as necessary, to allow a cultivation facility licensee or 
nursery cultivation facility licensee to acquire cannabis plants and seeds through a lawful 
purchase from another cultivation facility licensee or nmsery cultivation facility licensee. 
The rule must allow a cultivation facility licensee or nursery cultivation facility licensee to 
acquire seeds or seedlings as a gift from a resident of the State who is at least 21 years of 
age as long as the acquisition, within any 90-day period, is not more than one transfer of 2 
1/2 ounces of seeds or more than one transfer of 12 seedlings from each individual gifting 
seeds or seedlings to the licensee; the office of cannabis policy has provided prior written 
approval of the gift of seeds or seedlings; the individual gifting the seeds or seedlings does 
not receive any form of remuneration; the gift is not conditional or contingent upon any 
other term or requirement of the licensee; and the licensee records the name and telephone 
number of the person gifting the seeds or seedlings, along with the identification number 
from that individual's valid state identification card, The rule must provide that, whether 
the seeds or seedlings are acquired by purchase or gift, the licensee must trnck the seeds or 
seedlings pursuant to the Maine Revised Statutes, Title 28-B, section 105; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A' to H.P. 1401, L.D. 2187 
5, The rule must be amended in sections 1.9, 5.3.A.l(d), 5.4.A(7), 5.5.A(4) and 
5.6.A(4) and any other relevant sections to remove the requirement that the packaging of 
or exit packaging for adult use cannabis or adult use cannabis products be opaque; 
6. The rule must be amended, as necessary, to allow the office of cannabis policy to 
require labeling of adult use cannabis and adult use cannabis products that includes 
information on whether the adult use cannabis or adult use cannabis product has been 
remediated and by what method; 
7, The rule must be amended, as necessary, to confo1m the rule to any changes to the 
Maine Revised Statutes, Title 28-B, chapter 1 enacted in the Second Regular Session of the 
131st Legislature, including, but not limited to, changes to definitions; 
8. 
All necessary grammatical, formatting, punctuation or other technical 
nonsubstantive editing changes must be made to the rule, and any necessary correction of 
the description of the units of the rule must be made to ensure proper reference and 
application of the provisions of the rule; and 
9. All other necessary changes must be made to the rule to ensure conformity and 
consistency throughout the rule and to ensure consistency between the rule and the 
provisions of this section and between the rule and the provisions of the Maine Revised 
Statutes, Title 28-B, chapter 1. 
The Department of Administrative and Financial Services, office of cannabis policy is 
not required to hold hearings or undertake further proceedings prior to final adoption of the 
rule in accordance with this section. 
Sec. 4. Report to Legislature. By December 15, 2024, the Department of 
Administrative and Financial Services, office of cannabis policy shall submit a copy of 
each finally adopted rule under this resolve to the joint standing committee of the 
Legislature having jurisdiction over cannabis matters and shall clearly identify all 
differences between the provisionally adopted rules and the finally adopted rules, The 
committee may report out legislation related to one or more of the rnles to the 132nd 
Legislature in 2025.' 
Amend the resolve by relettering or renumbering any nonconsecutive Pait letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the resolve and changes the title. The amendment authorizes 
the final adoption of the following 3 major substantive rnles of the Depaitment of 
Administrative and Financial Services, office of cannabis policy, with ce1tain changes: 
1. Chapter 10: Rules for the Administration of the Adult Use Cannabis Program; 
2. Chapter 20: Rules for the Licensure of Adult Use Cannabis Establishments; and 
3. Chapter 30: Compliance Rules for Adult Use Cannabis Establishments. 
The Depmtment of Administrative and Financial Services, office of cannabis policy is 
not required to hold hearings or unde1take further proceedings prior to final adoption of 
any of the rules authorized in this legislation. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'A" to H.P_. 1401, L.D, 2187 
The amendment requires the office to submit, by December 15, 2024, a copy of each 
finally adopted rule to the joint standing committee of the Legislature having jurisdiction 
over cannabis matters and to clearly indicate any differences between each provisionally 
adopted and finally adopted rule, The committee may report out legislation related to the 
rules to the 132nd Legislature in 2025. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/01/24 .::t!?ae. 
LD 2187 
LR 3040(02) 
• Resolve~ Regarding Legislative Review of Chapter 10: Rules for the Administration of the Adult Use 
·Cannabis Program, a Major Substantive Rule of the Department of Administrative and Financial 
Fiscal Detail and Notes 
Services, Office of Cannabis Policy 
/i 
• 
) 
Fiscal Note for Bill as Amended by Committee Amendment A· c H-13 2 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Office of Cannabis Policy within the Department of Administrative and Financial Services 
to implement the provisions of this resolve are expected to be minor and can be absorbed within existing budgeted 
resources. 
LR3040(02) - Fiscal Note - Page 1 of 1