An Act to Provide Parity in State Energy Rate Relief Payments and Tax Exemptions for Maine Cannabis Businesses
Maine Legislature, Session 131, LD 1691
Committee: Taxation
Sponsors: DAUGHTRY, TALBOT ROSS, CHIPMAN, GROHOSKI, HICKMAN, ROEDER
Amends: 22 MRSA §2425-A, 22 MRSA §2430, 28-B MRSA §102, 28-B MRSA §1101, 36 MRSA §2013

Legislative Document
No. 1691
S.P. 678
In Senate, April 18, 2023
An Act to Provide Parity in State Energy Rate Relief Payments and 
Tax Exemptions for Maine Cannabis Businesses
Reference to the Committee on Taxation suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DAUGHTRY of Cumberland.
Cosponsored by Speaker TALBOT ROSS of Portland and
Senators: CHIPMAN of Cumberland, GROHOSKI of Hancock, HICKMAN of Kennebec, 
Representative: ROEDER of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2425-A, sub-§10, ¶K is enacted to read:
K.  A fee may not be assessed under this subsection for an annual registration of a 
caregiver if in the prior year the caregiver has been determined compliant with the laws 
and rules of this chapter upon an inspection of the caregiver by the department under 
section 2430-G, subsection 2.
Sec. 2.  22 MRSA §2430, sub-§3, as amended by PL 2021, c. 181, Pt. A, §2, is 
further amended to read:
3.  Uses of the fund.  The fund may be used for expenses of the department to 
administer this chapter or for research in accordance with subsection 5, as allocated by the 
Legislature. The fund must be used to provide monetary relief to a person who contributed 
funds to the fund under subsection 2, paragraph A or B in an amount equal to any relief or 
assistance funds received by another person but not received by the person because the 
person is engaged in a cannabis-related business activity as defined in Title 28-B, section 
102, subsection 7-A.
Sec. 3.  28-B MRSA §102, sub-§7-A is enacted to read:
7-A.  Cannabis-related business activity.  "Cannabis-related business activity" means 
a lawful activity carried out by a commercial or business person or entity involving 
cannabis under this Title or Title 22, chapter 558-C.
Sec. 4.  28-B MRSA §1101, sub-§2, ¶D is enacted to read:
D.  Money credited to the fund must be paid to a licensee in an amount equal to any 
relief or assistance paid to another person but not received by the licensee because the 
licensee is engaged in a cannabis-related business activity.
Sec. 5.  36 MRSA §2013, sub-§1, ¶A, as amended by PL 2019, c. 7, §1, is further 
amended to read:
A.  "Commercial agricultural production" means commercial production of crops, 
maple syrup, honey, plants, trees, compost, cannabis and livestock.
Sec. 6.  Energy rate relief payments.  A cannabis business under the Maine 
Revised Statutes, Title 22, chapter 558-C or Title 28-B, chapter 1 that is otherwise eligible 
for relief under Resolve 2021, chapter 168, section 2 but did not receive relief because the 
business is engaged in a cannabis-related business activity, as defined in Title 28-B, section 
102, subsection 7-A, must be reimbursed for an amount equal to the amount of relief the 
business would have received if the business was not engaged in a cannabis-related 
business activity. A business engaged in a cannabis-related business activity under Title 
22, chapter 558-C must be reimbursed from the Medical Use of Cannabis Fund under Title 
22, section 2430. A business engaged in a cannabis-related business activity under Title 
28-B, chapter 1 must be reimbursed from the Adult Use Cannabis Public Health and Safety 
and Municipal Opt-in Fund under Title 28-B, section 1101.
SUMMARY
This bill requires that cannabis businesses be paid monetary relief and assistance out 
of either the Medical Use of Cannabis Fund or the Adult Use Cannabis Public Health and 
Safety and Municipal Opt-in Fund in an amount equal to relief that was provided to other 
businesses in the State but not the cannabis businesses because they were engaged in a 
cannabis-related business activity, including energy relief for electricity costs provided to 
businesses in the State in 2022 and 2023. This bill also clarifies that the sales tax exemption 
for products used in commercial agriculture production also applies to the production of 
cannabis and waives the annual registration fee for a caregiver if in the prior year the 
caregiver has been determined compliant with the laws and rules of the medical cannabis 
provisions upon inspection by the Department of Health and Human Services.