An Act Regarding Background Checks for Medical Cannabis
Maine Legislature, Session 132, LD 1717
Committee: Veterans and Legal Affairs
Sponsors: HARRINGTON
Amends: 22 MRSA §2421-A, 22 MRSA §2423-A, 22 MRSA §2423-F, 22 MRSA §2425-A, 22 MRSA §2425-B, 25 MRSA §1542-A

Legislative Document
No. 1717
S.P. 670
In Senate, April 17, 2025
An Act Regarding Background Checks for Medical Cannabis 
Providers
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HARRINGTON of York.
Cosponsored by Senator: HICKMAN of Kennebec, Representatives: BOYER of Poland, 
FREDERICKS of Sanford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2421-A, sub-§16, ¶B, as enacted by PL 2023, c. 679, Pt. A, 
§3, is amended to read:
B.  If required by the office pursuant to this chapter, the The applicant has submitted 
to a criminal history record check pursuant to section 2425-B;
Sec. 2.  22 MRSA §2423-A, sub-§4, as amended by PL 2019, c. 501, §12 and PL 
2021, c. 669, §5, is further amended to read:
4.  Long-term care facility.  A qualifying patient may designate a long-term care 
facility to assist with the qualifying patient's medical use of cannabis if that use is consistent 
with the facility's policy and is pursuant to subsection 1, paragraph F‑1, subparagraph (2).  
If a long-term care facility is designated, the facility shall complete the registration process 
with the department and obtain a registration certificate for the facility.  For a long-term 
care facility to be issued a registration certificate, staff persons of the facility who will be 
assisting a qualifying patient with the patient's medical use of cannabis in accordance with 
this chapter must be at least 21 years of age, must submit to a criminal history record check 
pursuant to section 2425-B and may not have been convicted of a disqualifying drug 
offense.  The long-term care facility and the staff of the facility may not cultivate cannabis 
plants for the patient.
Sec. 3.  22 MRSA §2423-A, sub-§10, ¶A, as repealed and replaced by PL 2019, c. 
331, §13 and amended by PL 2021, c. 669, §5, is further amended to read:
A.  A cannabis testing facility that meets the requirements of this subsection and any 
rules adopted under paragraph D and submits to a criminal history record check 
pursuant to section 2425-B may receive and possess samples from qualifying patients, 
caregivers, dispensaries and manufacturing facilities to provide testing for the 
cannabinoid profile and potency of the samples and for contaminants in the samples, 
including but not limited to mold, mildew, heavy metals, plant regulators and illegal 
pesticides.  For the purposes of this paragraph, "plant regulator" has the same meaning 
as in Title 7, section 604, subsection 26.
Sec. 4.  22 MRSA §2423-F, sub-§8, ¶B, as repealed and replaced by PL 2019, c. 
331, §17 and amended by PL 2021, c. 669, §5, is further amended by amending the first 
blocked paragraph to read:
The department may not issue a registry identification card to an officer or director or 
assistant of a registered manufacturing facility or person authorized to engage in 
cannabis extraction using inherently hazardous substances who has been convicted of 
a disqualifying drug offense. The department shall conduct a criminal history record 
check pursuant to section 2425-B of each person, officer or director or assistant subject 
to this subsection on an annual basis.
Sec. 5.  22 MRSA §2425-A, sub-§3, as amended by PL 2023, c. 679, Pt. A, §§10 
and 11, is further amended by amending the first blocked paragraph to read:
The department shall conduct a criminal history record check pursuant to section 2425-B 
for any applicant for a registry identification card, except that an assistant is not required 
to submit to a criminal history record check.  The criminal history record check is valid for 
years from the date it was conducted, regardless of the person's employment status.  
Except as provided in subsection 3‑A, the department may not issue a registry identification 
card to an applicant who is not permitted under this chapter to have a disqualifying drug 
offense.
Sec. 6.  22 MRSA §2425-A, sub-§3-A, as amended by PL 2021, c. 387, §8 and c. 
669, §5, is further amended to read:
3-A.  Criminal history record check for caregivers administering medical 
cannabis on school grounds.  The department shall request a criminal history record check 
pursuant to section 2425-B for a caregiver designated under section 2423‑A, subsection 1, 
paragraph F‑1, subparagraph (4), except for a caregiver who is a parent, a legal guardian or 
a person having legal custody of the qualifying patient. The department may not issue a 
registry identification card to an applicant who is not permitted to have a disqualifying drug 
offense or who would be denied an approval, credential, certification, authorization or 
renewal under Title 20‑A, section 6103 or 13011 based on that criminal history record 
check.
The criminal history record check requested under this subsection must include criminal 
history record information obtained from the Maine Criminal Justice Information System 
established in Title 16, section 631 and the Federal Bureau of Investigation. The following 
provisions apply.
A.  The criminal history record information obtained from the Maine Criminal Justice 
Information System must include a record of public criminal history record information 
as defined in Title 16, section 703, subsection 8.
B.  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record information.
C.  A person subject to a criminal history record check under this section shall submit 
to having fingerprints taken.  The State Police, upon payment of the fee, shall take or 
cause to be taken the person's fingerprints and shall forward the fingerprints to the State 
Bureau of Identification so that the bureau can conduct state and national criminal 
history record checks.  Except for the portion of the payment, if any, that constitutes 
the processing fee charged by the Federal Bureau of Investigation, all money received 
by the State Police for purposes of this paragraph must be paid over to the Treasurer of 
State.  The money must be applied to the expenses of administration incurred by the 
Department of Public Safety.
D.  The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the criminal history record check by following the procedures outlined 
in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
E.  State and federal criminal history record information may be used by the department 
for the purpose of screening a person in accordance with this chapter.
F.  Information obtained pursuant to this subsection is confidential.  The results of 
criminal history record checks received by the department are for official use only and 
may not be disseminated to any other person.
G.  If a person is no longer subject to this chapter that person may request in writing 
that the State Bureau of Identification remove the person's fingerprints from the 
bureau's fingerprint file.  In response to a written request, the bureau shall remove the 
person's fingerprints from the fingerprint file and provide written confirmation of that 
removal.
The department, with the Department of Public Safety, Bureau of State Police, State Bureau 
of Identification, shall adopt rules to implement this subsection.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2‑A, except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 7.  22 MRSA §2425-A, sub-§6, as enacted by PL 2017, c. 452, §12, is amended 
to read:
6.  Application for registration certificate; qualifications.  The department shall 
register and issue a registration certificate to an applicant who submits a complete 
application that meets the requirements of this subsection. An application must include, as 
applicable:
The department shall conduct a criminal history record check pursuant to section 2425-B 
for each officer or director or assistant of the applicant for a registration certificate. The 
department may not issue a registration certificate to an applicant if any officer or director 
or assistant of the applicant has been convicted of a disqualifying drug offense.
An application must include, as applicable:
A.  The annual fee required pursuant to subsection 10;
B.  Evidence of the applicant's registration with the Secretary of State and evidence 
that the applicant is in good standing with the Secretary of State; and
C.  The name, address and date of birth of each officer or director of the applicant.
Sec. 8.  22 MRSA §2425-A, sub-§10, ¶J, as amended by PL 2023, c. 679, Pt. A, 
§13, is repealed.
Sec. 9.  22 MRSA §2425-B is enacted to read:
§2425-B.  Criminal history record check
The department shall request a criminal history record check for each applicant for an 
initial registry identification card and registration certificate as required under this chapter 
and for each registrant or registrant agent every 2 years thereafter, unless a different period 
is specified in this chapter.  If the applicant or registrant is a business entity, every officer 
or director or assistant of the business entity is required to submit to a criminal history 
record check in accordance with this section. If the applicant or registrant is a long-term 
care facility under section 2423-A, subsection 4, any staff person of the facility who will 
be assisting a qualifying patient with the patient's medical use of cannabis is required to 
submit to a criminal history record check in accordance with this section. A criminal history 
record check conducted pursuant to this section must include criminal history record 
information obtained from the Maine Criminal Justice Information System established in 
Title 16, section 631 and the Federal Bureau of Investigation.
1.  Record of public criminal history information required.  Criminal history record 
information obtained from the Maine Criminal Justice Information System pursuant to this 
section must include a record of public criminal history record information as defined in 
Title 16, section 703, subsection 8.
2.  Other state and national criminal history record information required.  
Criminal history record information obtained from the Federal Bureau of Investigation 
pursuant to this section must include other state and national criminal history record 
information.
3.  Fingerprinting.  A person required to submit to a criminal history record check 
under this section shall submit to having fingerprints taken.  The State Police, upon 
payment of the fee required under subsection 4, shall take or cause to be taken the person's 
fingerprints and shall forward the fingerprints to the Department of Public Safety, Bureau 
of State Police, State Bureau of Identification.  The State Bureau of Identification shall 
conduct the state and national criminal history record checks required under this chapter.  
Except for the portion of a payment, if any, that constitutes the processing fee for a criminal 
history record check charged by the Federal Bureau of Investigation, all money received 
by the State Police under this section must be paid to the Treasurer of State, who shall apply 
the money to the expenses incurred by the Department of Public Safety in the 
administration of this section.
4.  Fees.  The fee for a criminal history record check under this chapter may not be less 
than $31 or more than $60. The fee must be paid by the applicant, registrant or registrant 
agent, except that if the applicant or registrant is a business entity, the fee must be paid by 
the business entity for any officer or director or assistant required to submit to a criminal 
history record check under this chapter. 
5.  Availability of criminal history record information.  The subject of a Federal 
Bureau of Investigation criminal history record check may obtain a copy of the criminal 
history record check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33.  The subject of a state criminal history record check 
may inspect and review the criminal history record information pursuant to Title 16, section 
709.
6.  Use of criminal history record information.  State and national criminal history 
record information obtained by the department under this section may be used only for the 
purpose of screening an applicant for a registry identification card or registration certificate 
or a registrant or registrant agent under this chapter.
7.  Confidentiality.  All criminal history record information obtained by the 
department pursuant to this section is confidential, is for the official use of the department 
only and may not be disseminated outside of the department or disclosed to any other 
person or entity except as provided in subsection 5.
8.  Rules.  The department, after consultation with the Department of Public Safety, 
Bureau of State Police, State Bureau of Identification, shall adopt rules to implement this 
section. Rules adopted pursuant to this subsection are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A.
Sec. 10.  25 MRSA §1542-A, sub-§1, ¶S, as repealed and replaced by PL 2021, c. 
293, Pt. A, §31, is amended to read:
S.  Who is required to have a criminal history record check under Title 22, section 
2425‑A, subsection 3‑A 2425-B.
Sec. 11.  25 MRSA §1542-A, sub-§3, ¶R, as enacted by PL 2019, c. 343, Pt. G, 
§9; c. 399, §6; c. 402, §6; and c. 416, §6, is amended to read:
R.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph S at the request of that person or the Department of 
Administrative and Financial Services under Title 22, section 2425‑A, subsection 3‑A 
2425-B.
SUMMARY
This bill requires anyone applying for or renewing a registry identification card or 
registration certificate under the Maine Medical Use of Cannabis Act to submit to a 
criminal history record check. If a person applying for or renewing a registry identification 
card or registration certificate is a business entity, every officer or director or assistant of 
the business entity is also required to submit to a criminal history record check.