An Act to Amend Maine's Cannabis Laws to Protect Small and Medium-sized Cultivators
Maine Legislature, Session 131, LD 1585
Committee: Veterans and Legal Affairs
Sponsors: PLUECKER, RISEMAN, ROEDER, SUPICA, WILLIAMS
Amends: 22 MRSA §2422, 22 MRSA §2428, 28-B MRSA §102, 28-B MRSA §113, 28-B MRSA §205, 28-B MRSA §207, 28-B MRSA §301, 28-B MRSA §304

Legislative Document
No. 1585
H.P. 1030
House of Representatives, April 11, 2023
An Act to Amend Maine's Cannabis Laws to Protect Small and 
Medium-sized Cultivators
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Representatives: RISEMAN of Harrison, ROEDER of Bangor, SUPICA of 
Bangor, WILLIAMS of Bar Harbor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2422, sub-§1-H is enacted to read:
1-H.  Cultivated indoors.  "Cultivated indoors," with respect to cannabis plants, means 
that the cannabis plants are:
A.  Cultivated using artificial lighting on mature cannabis plants; or
B.  Not cultivated outdoors.
Sec. 2.  22 MRSA §2422, sub-§1-I is enacted to read:
1-I.  Cultivated outdoors.  "Cultivated outdoors," with respect to cannabis plants, 
means that the cannabis plants are:
A.  Cultivated in open or cleared ground outside; or
B.  Cultivated in a greenhouse, hoop house or similar nonrigid structure that does not 
use any artificial lighting on mature cannabis plants.
Sec. 3.  22 MRSA §2428, sub-§1-A, ¶B, as amended by PL 2017, c. 452, §16 and 
PL 2021, c. 669, §5, is further amended to read:
B.  Cultivate cannabis plants up to 7,000 square feet of mature plant canopy if 
cultivated indoors and up to 21,000 square feet of mature plant canopy if cultivated 
outdoors and possess all harvested cannabis from those cannabis plants the mature 
plant canopy.  For purposes of this paragraph, a registered dispensary may use the 
minimum amount of artificial light necessary to keep photoperiod plants in a dormant 
state and still have the dispensary's mature plant canopy be considered cultivated 
outdoors;
Sec. 4.  22 MRSA §2428, sub-§6, ¶E, as amended by PL 2019, c. 331, §26 and PL 
2021, c. 669, §5, is further amended to read:
E.  A dispensary shall implement appropriate security measures to deter and prevent 
unauthorized entrance into areas containing cannabis plants and harvested cannabis 
and the theft of cannabis plants and harvested cannabis at the dispensary and the one 
permitted additional location at which the dispensary cultivates cannabis plants for 
medical use by qualifying patients.  The department may not require on-site parking as 
a security measure under this paragraph.
Sec. 5.  28-B MRSA §102, sub-§13-A is enacted to read:
13-A.  Cultivated indoors.  "Cultivated indoors," with respect to cannabis plants, 
means that the cannabis plants are:
A.  Cultivated using artificial lighting on mature cannabis plants; or
B.  Not cultivated outdoors.
Sec. 6.  28-B MRSA §102, sub-§13-B is enacted to read:
13-B.  Cultivated outdoors.  "Cultivated outdoors," with respect to cannabis plants, 
means that the cannabis plants are:
A.  Cultivated in open or cleared ground outside; or
B.  Cultivated in a greenhouse, hoop house or similar nonrigid structure that does not 
use any artificial lighting on mature cannabis plants.
Sec. 7.  28-B MRSA §113, sub-§2, ¶C, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
C.  The total square footage of plant canopy approved by the department for active 
cultivation facilities licensed in the prior calendar year, and the percentage of active 
cultivation facility licenses by cultivation tier and, if applicable, the number of 
approved increases in the maximum plant canopy allowed under a tier 4 cultivation 
facility license in the prior calendar year pursuant to section 304;
Sec. 8.  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 28,000 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;
Sec. 9.  28-B MRSA §207, sub-§1, ¶C, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read:
C.  For a tier 3 cultivation facility license, as described in section 301, subsection 3, an 
application fee of $500 and a license fee of not more than $5,000 for an outdoor 
cultivation facility and not more than $10,000 for an indoor cultivation facility or a 
cultivation facility with both indoor and outdoor cultivation areas; and
Sec. 10.  28-B MRSA §207, sub-§1, ¶D, as enacted by PL 2017, c. 409, Pt. A, §6, 
is repealed.
Sec. 11.  28-B MRSA §301, sub-§3, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read:
3.  Tier 3 cultivation facility license.  A tier 3 cultivation facility license, which allows 
cultivation by a licensee of not more than 7,000 square feet of plant canopy if cultivated 
indoors and not more than 21,000 square feet of plant canopy if cultivated outdoors.  For 
purposes of this subsection, a tier 3 cultivation facility licensee may use the minimum 
amount of artificial light necessary to keep photoperiod plants in a dormant state and still 
have the licensee's plant canopy be considered cultivated outdoors; or
Sec. 12.  28-B MRSA §301, sub-§4, as enacted by PL 2017, c. 409, Pt. A, §6, is 
repealed.
Sec. 13.  28-B MRSA §304, as enacted by PL 2017, c. 409, Pt. A, §6 and amended 
by PL 2021, c. 669, §5, is repealed.
Sec. 14.  Report.  The Department of Administrative and Financial Services' office 
of cannabis policy shall report to the joint standing committee of the Legislature having 
jurisdiction over cannabis matters no later than December 3, 2025 regarding the 
amendments to laws governing plant canopy made by this Act.
Sec. 15.  Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 28-B, section 205, subsection 2, paragraph A, subparagraph (2) and repeal 
Title 28-B, section 301, subsection 4 and section 304 take effect October 15, 2024.
SUMMARY
This bill makes the following changes to the State's cannabis laws.  It amends:
1.  The Cannabis Legalization Act to eliminate the tier 4 cultivation facility license, 
which authorizes a licensee to cultivate up to 20,000 square feet of plant canopy, and 
eliminate the option for a licensee to apply to increase its tier 4 plant canopy by 7,000 
square feet.  It also authorizes a tier 3 cultivation facility licensee to cultivate not more than 
7,000 square feet if cultivated indoors and not more than 21,000 square feet if cultivated 
outdoors.  It also changes from 30,000 to 28,000 square feet the maximum cultivation area 
for holders of multiple cultivation facility licenses.  It makes these changes effective 
October 15, 2024; and
2.  The Maine Medical Use of Cannabis Act to establish an upper limit for a dispensary 
to cultivate up to 7,000 square feet of mature plant canopy and to prohibit the Department 
of Administrative and Financial Services, office of cannabis policy from requiring on-site 
parking as a security measure for dispensaries.  It also authorizes a registered dispensary to 
cultivate up to 7,000 square feet if cultivated indoors and up to 21,000 square feet if 
cultivated outdoors.