An Act Regarding
Maine Legislature, Session 132, LD 1897
Committee Amendment CA_B_H714 (House)
Amends: 22 MRSA §2423-A, 22 MRSA §2425-A, 28-B MRSA §102-A, 28-B MRSA §602

COMJ'v1ITTEE AMENDMENT "E" to H.P. 1268, L.D. 1897, "An Act Regarding 
Sun-grown Cultivation in the Medical Use and Adult Use Cannabis Industries" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Outdoor Cultivation in the Medical Use Cannabis and Adult Use 
Cannabis Industries' 
An1end the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 22 MRSA §2423-A, sub-§2, 1A, as amended by PL 2017, c. 452, §4 and 
PL 2021, c. 669, §5, is further amended to read: 
A. Possess all harvested cannabis produced by the caregiver's cultivation of cannabis 
plants under paragraph B or B-1; 
Sec. 2. 22 MRSA §2423-A, sub-§2, ~' as amended by PL 2021, c. 662, §10 and 
c. 669, §5, is further amended to read: 
B. Cultivate up to 30 mature cannabis plants, up to 60 immature cannabis plants and 
unlimited seedlings or cultivate up to 500 square feet of mature plant canopy, up to 
1,000 square feet of immature plant canopy and unlimited seedlings. A caregiver may 
not cultivate immature plants by canopy if cultivating mature plants by plant count and 
may not cultivate immature plants by plant count if cultivating mature plants by 
canopy. A caregiver cultivating cannabis under this paragraph may not cultivate 
cannabis under paragraph B-1; 
Sec. 3. 22 MRSA §2423-A, sub-§2, ~-1 is enacted to read: 
B-1. Notwithstanding paragraph B, for a caregiver who cultivates mature cannabis 
plants only in an outdoor cultivation area, cultivate between the months of March and 
December up to 150 mature cannabis plants, up to 300 immature cannabis plants and 
unlimited seedlings or cultivate between the months of March and December up to 
2,500 square feet of mature plant canopy, up to 5,000 square feet of immature plant 
canopy and unlimited seedlings. A caregiver may not cultivate immature plants by 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" '8 to H.P. 1268, L.D. 1897 
canopy if cultivating mature plants by plant count and may not cultivate immature 
plants by plant count if cultivating mature plants by canopy. A caregiver cultivating 
cannabis under this paragraph may not cultivate cannabis under paragraph B. For the 
pm:poses of this paragraph, "outdoor cultivation area" means a cultivation area that 
primarily uses sunlight for the cultivation of mature cannabis plants; 
Sec. 4. 22 MRSA §2423-A, sub-§3, 18, as amended by PL 2023, c. 679, Pt. A, 
§6, is further amended to read: 
B. A caregiver cultivating cannabis plants for a patient's medical use ma-st shall keep 
all plants in a cultivation area unless the plants are being transported pursuant to 
subsection 2, paragraph 0. The cultivation area must be enclosed and equipped with 
locks or other security devices that permit access only by a person authorized to have 
access to the area under this chapter. 
(1) The caregiver shall ensure that the mature cannabis plants, immature cannabis 
plants and seedlings cultivated by the caregiver are kept in separate cultivation 
areas. The cultivation area for mature cannabis plants and the cultivation area for 
immature cannabis plants and seedlings may be located on separate parcels or tracts 
of land, whether the parcels or tracts of land are contiguous or noncontiguous, as 
long as the caregiver discloses the locations of all cultivation areas to the 
department. The caregiver may not maintain more than 2 cultivation areas. The 
caregiver shall ensure that the cultivation area for mature cannabis plants and the 
cultivation area for immature cannabis plants comply with the plant count or plant 
canopy limitations of subsection 2, paragraph B or B-1. 
(2) Access to cultivation areas is limited to the caregiver, except that C¼li elected 
officiaJ. invited by the earegiver fol:' the purpose of providiag ecmcation to the 
elected official ea cukivation by the caregiver, emergency services personnel, an 
assistant of a caregiver or a cannabis testing facility er., a person who needs to gain 
access to a cultivation area in order to perform repairs or maintenance or to do 
construction may access a cultivation area to provide those professional services 
while under the direct supervision of the caregiver or another person under the 
direct supervision of the caregiver. 
Sec. 5. 22 MRSA §2425-A, sub-§10, 18-1 is enacted to read: 
B-1. There is an annual registration fee for a caregiver who cultivates cannabis plants 
on behalf of a qualifying patient pursuant to section 2423-A, subsection 2, paragraph 
B-1. 
(1) For a caregiver registering based upon plant count, the fee may not be less than 
$50 or more than $240 for each group ofup to 30 mature cannabis plants cultivated 
by the caregiver. The caregiver shall notify the department of the number of 
cannabis plants the caregiver cultivates in the calendar year, which may not exceed 
the maximum number established in section 2423-A, subsection 2, paragraph B-1. 
(2) For a caregiver registering based upon plant canopy, the fee may not be less 
than $50 or more than $1,500 for a total mature plant canopy of 2,500 sq_uare feet 
or less in the calendar year. 
Sec, 6. 28-B MRSA §102-A, sub-§32-A is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "fj·," to H.P. 1268, L.D. 1897 
32-A. Indoor cultivation. "Indoor cultivation" means cultivation of mature cannabis 
plants that does not meet the definition of "outdoor cultivation" under subsection 41-A. 
Sec. 7. 28-B MRSA §102-A, sub-§41-A is enacted to read: 
41-A, 
Outdoor cultivation. 
"Outdoor cultivation" means cultivation of mature 
cannabis plants between the months of March and December in a cultivation area that 
primarily uses sunlight for such cultivation. 
Sec. 8. 28-B MRSA §602, sub-§1, as amended by PL 2023, c. 679, Pt. B, §§113 
and 114, is fiuiher amended by amending the first blocked paragraph to read: 
The office may temporarily waive mandatory testing requirements under this section for 
any contaminant or factor for which the office has dete1mined that there exists no licensed 
testing facility in the State capable of and certified to perform such testing. Rules adopted 
by the office under paragraph C may not establish a testing limit for total yeast and mold 
below 100,000 colony-forming units per gram.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and changes the title. The amendment amends the 
Maine Medical Use of Cannabis Act and the Cannabis Legalization Act by: 
1, Defining "outdoor cultivation area" under the medical use of cannabis provisions 
and "outdoor cultivation" and "indoor cultivation" under the adult use cannabis provisions; 
2. Increasing the number of cannabis plants and expanding the area of canopy of 
cannabis plants that a medical use caregiver who cultivates mature cannabis plants only in 
an outdoor cultivation area and who registers based on plant count or canopy may cultivate, 
The amendment establishes a registration fee for such caregivers; 
3. Removing the provision of law under the medical use of cannabis provisions that 
authorizes an elected official invited by a caregiver for the purpose of providing education 
to the elected official on cultivation to access a cultivation area and providing instead that 
any person under the direct supervision of the caregiver may access a cultivation area; and 
4. Clarifying that rules adopted by the Department of Administrative and Financial 
Service, Office of Cannabis Policy under the mandatmy testing requirements for adult use 
cannabis and adult use cannabis products may not establish a testing limit for total yeast 
and mold below 100,000 colony-forming units per gram. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/25 LRL 
'132nd MAINE LEGISLATURE 
LD 1897 
LR 1338(03) 
An Act Regarding Sun-grown Cultivation in the Medical Use and Adult Use Cannabis Industrfes 
Fiscal Note for Bill as Amended by Committee Amendment~~• ( H-11L.f' 
Committee: Veterans and Legal Affairs 
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1) 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Office of Cannabis Policy within the Department of Administrative and Financial Serv· 
to implement the provisimis of .this bill are expected to be minor and can be absorbed within existing budgeted 
resources. 
LR1338(03) - Fiscal Note - Page 1 of 1