An Act to Institute
Maine Legislature, Session 132, LD 1847
Committee Amendment CA_A_H1043 (House)
Amends: 22 MRSA §2421-A, 22 MRSA §2423-A, 22 MRSA §2423-F, 22 MRSA §2423-G, 22 MRSA §2423-H, 22 MRSA §2425-A, 22 MRSA §2428, 22 MRSA §2429-A, 22 MRSA §2429-C, 22 MRSA §2430, 22 MRSA §2430-J, 22 MRSA §2430-P, 22 MRSA §243, 22 MRSA §2430-R, 22 MRSA §2430-S, 28-B MRSA §102-A, 28-B MRSA §602, 28-B MRSA §605, 28-B MRSA §1101, 36 MRSA §4921, 36 MRSA §4923

COMMITTEE AMENDMENT "/(- " to H.P. 1231, L.D. 1847, "An Act to Institute
Testmg and Tracking of Medical Us'e Cannabis and Cannabis Products Similar to Adult
Use Carmabis and Cannabis Products, Dedicate a Portion of the Adult Use Cannabis Sales
and Excise Tax to Medical Use Caimabis Programs and Create a Study Group"
Amend the bUl by striking out the title and substituting the following:
'An Act to Institute Testing and Tracking of Medical Use Cannabis Similar to Adult
Use Canaabis and Cannabis Products, to Amend the Excise Tax Provisions for Adult
Use Cannabis for Cannabis Pre-roUs and to Make Other Changes to the Medical Use
and Adult Use Cannabis Programs'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'PART A
Sec. A-l. 22 MRSA §2421-A, sub-§l-A is enacted to read:
1-A. Batch. "Batch" means a specific auaatitv of cannabis flower, cannabis trim.
cannabis concentrate or cannabis oroducts harvested or manufactured at the same tune
under the same conditions using the same process or procedure.
Sec. A-2. 22 MRSA §2421-A, sub-§3-A is enacted to read:
3-A. Cannabis flower. "Cannabis flower means the DistiUate reproductive organs of
a mature caB-nabis plant, whether processed or unnrocessed. includine the flowers and buds
of the plant. "Cannabis flower" does not include cannabis trim or whole mature cannabis
plants or the flower of hemp as defined in Title 7. section 2231 . subsection 1 -A. paraeraoh
D,
Sec. A-3. 22 MRSA §2421-A, sub-§6-A is enacted to read:
6-A. Cannabis ore-roll. "Cannabis ore-roll" means camiabis flower, cannabis trim
or a combination of cannabis flower and cannabis trim that is rolled m rolling papers.
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ciearette oaoers or wraps. with or without a cardboard filter, and intended for smokine. A
cannabis ure-roll may be infused with carmabis concentrate.
Sec. A-4. 22 MRSA §2421-A, sub-§8, as enacted by PL 2023,c. 679, Ft. A,§3,is
repealed and the following enacted in its place:
8. Canaabis testine facility. "Cannabis testine facility" means a facility registered in
accordance with section 2425-A or a facility licensed under Title 28-B. chauter 1 to ooerate
a testing facility.
Sec. A-5. 22 MRSA §2421-A, sub-§9-A is enacted to read:
9-A. Cannabis trim. "Cannabis trim" means any part of a cannabis plant, whether
orocessed or unorocessed. that is not caimabis flower or a cannabis seed. exceot that
"carmabis trim" does not include the stalks or roots of the cannabis plant. "Carmabis trim"
does not include any part of a hemp plant as defined in Title 7. section 2231. subsection
1-A. oaraeraoh D.
Sec. A-6. 22 MRSA §2421-A, sub-§27-A is enacted to read:
27-A. IVIatrix. Matrix means, as aoDlicable to the testine of harvested cannabis. the
form in which harvested caonabis exists at the time it is subject to mandatory testmg in
accordance with this chapter. "Matrk" includes the followine categories of harvested
caimabis:
A. Cannabis flower and cannabis trim. includme cannabis ure-rolls:
B. Caimabis concentrate, including concentrates extracted using solvents, as well as
solventless extraction methods: and
C. Cannabis product,
See. A-7. 22 MRSA §2421-A, sub-§45-A is enacted to read:
45-A. Remediation. "Remediation" means the process by which a registrant mitieates
or otherwise removes a contaminant from a batch of harvested cannabis that failed
mandatory testing due to the presence of that contaminant. "Remediation" includes without
limitation the application of heat. radiation or ozone: solvent extraction; or further drying
and curine. "Remediation" does not include the dilution of contaminants throueh the
addition of uncontaminated material to batches of harvested cannabis that are
contaminated.
Sec. A-8. 22 MRSA §2421-A, sub-§51-A is enacted to read:
51-A. Testine or test. "Testing" or "test" means the analysis of harvested cannabis or
other substances for contaminants. safety or ootencv, "Testing" or "test" includes the
collection of samples of harvested canmbis for testing purposes but does not include
cultivation or manufacturing.
Sec. A-9. 22 MRSA §2421-A, sub-§51-B is enacted to read:
51-B. THC. "THC" means tetralivdrocaimabinol.
Sec. A-10. 22 MRSA §2423-A, sub-§2, ^M, as repealed and replaced by PL 2019,
c. 331, §11 and amended by PL 2021,c. 669,§5, is repealed.
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Sec. A-ll. 22 MRSA §2423-A, sub-§10, as amended by PL 2025,c. 390, Pt. A,
§38 and c. 611, §3, is repealed.
See. A-12. 22 MRSA §2423-A, sub-§12, as repealed and replaced by PL 2019, c.
331, §15 md amended by PL 2021,c.669,§5, is repealed.
See. A-13. 22 MRSA §2423-F, sub-§4, ^D, as repealed and replaced by PL 2019,
c. 331, §17 and amended by PL 2021, c. 669, §5, is repealed.
Sec. A-14. 22 MRSA §2423-F, sub-§5, ^|D, as repealed and replaced by PL 2019,
c. 331, §17 and amended by PL 2021, c. 669, §5, is repealed.
Sec.A-15. 22 MRSA §2423-G is enacted to read:
§2423-0. Testine Droeram established
The office shall establish a testing uroeram for harvested cannabis.
1. Testme required. Except as otherwise provided in this chapter, the testing program
must require a dispensar/. a careeiver or an assistant of a careeiver. prior to selline.
distributine or transferring harvested cannabis to a aualifvine oatient or to an individual on
behalf of a qualifyine patient, to submit the harvested cannabis to a cannabis testing facility
for testing to ensure that the harvested caimabis does not exceed the maximum level of
allowable contamination for any contaminant that is injurious to health and for which
testing is required and to ensure accurate labeling.
2. Rules. The office shall adopt mles establishine a testme oroeram pursuant to this
section, mcludine. but not limited to:
A. Rules identifymg the types of contammants that are injurious to health for which
harvested cannabis must be tested under this chapter and rules reeardine the maximum
level of allowable contamination for each identified contammant:
B. Rules establishing testme and maximum level parameters for soeciation testing of
harmful veasts and mQlds. includmg the range for allowing soeciation tests for cannabis
flower and cannabis trim testine. which must be set based on evidence-based Dractices:
and
Q Rules establishing testing protocols that ensure consistent and accurate reoortine of
potency.
Rules adooted pursuant to this subsection are routine technical rules as defined in Title 5.
chapter 375. subchapter 2-A.
Sec.A-16. 22 MRSA §2423-H is enacted to read:
S2423-H, Cannabis testing facilities; requirements
IJF'acUjtv requirements. The followine requirements are applicable to the operation
of a camiabjs testing facility registered in accordance with this chapter reeardine mandatory
testing and other testing of harvested carmabis.
A. A testing facilitytihat u pursuaatto Title28-B, chapter 1 to test catmabis
and cannabis products for harmful contaminants and cann.abinoid profiles may be
jssuedajeeistration certificate to operate a cannabis testme facility under this chapter.
as long as the licensed facility is in good standing with the office and the reauest
for a reeistration certificate is submitted on forms orovided by the office. There is no
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fee for a resistration certificate issued to a testine facility licensed under Title 28-B.
chapter 1. All employees of the cannabis testing facility that conduct mandatory and
other testing on harvested cannabis shall obtain from the office a registry identificatiQn
card in accordance with section 2425-A.
B. A person that is not licensed under Title 28-B, chapter 1 to operate a testing facility
may apply for a registration certificate to operate a camnabis testing facility under this
chapter in accordance with the requirements of section 2425-A, The office may not
Issue a registration certificate to a person pursuant toMs paragraph and section 2425-A
tmless the_applicant also demonstrates that;
fl) The aoolicant has obtained accreditation pursuant to standard ISO/ffiC17025
of the International Organization. for Standardization by a Srd-partv accrediting
body for all fields of mandatory testiae. in all matrices, recmired under this chapter:
(T) The auulicant has obtained certification by the Maine Center for Disease
Control and Prevention in accordance withsection 5 69 for all fields of mandatory
testinR. in all matrices. required under this chapter:
f3) The auolicant and. if the auolicant is a business entity, anyone with a financial
or other interest in the ariplicant is not a careeiver. a registered caregiver or_an
officer or director of a registered disoensarv or manufacturine facility: and
f4) The applicant has obtained local authorization in accordance with section
2429-D from the municiualitv where the cannabis testine facilifry will be located.
C. For the purposes of administenng tests pursuant to this chapter, a registered caonabis
testinp facility is authorized to:
d) Accept and possess samples of harvested cannabis for mandatory testing from
registrants:
f2) Accept and possess samples of harvested cannabis for other testing from
registrants. Qualifying oatients and members of the oublie;
(3) Test samples of harvested cannabis for mandatory and other testing and report
the results of such testing to the registrant, aualifyine patient or member of the
public that submitted the samples for testma:
(4) Report thej-esults of any mandatory and other testing conducted pursuant to
this chapter to the office;
C5') Test samules of harvested cannabis that are submitted for retestine after a failed
mandatory test and reuort the results ofretestine to the registrant. Qualifying patient
or member ofthe public that submitted the samples for retestine and to the office:
and
(6) Hire^ny nymber of cardholders necessary to conduct analyses in accordance
with this chapter,
2. Rules. The office may adopt rules reeardine the reeistration. certification.
accreditation and operation of cannabis testine facilities authorized under this chapter.
mcludinft, but not limited to. mles establishine acceptable testine practices for cannabis
testing facilities, includine. but not limited to. urovisions relatine to testme oractices.
methods and standards; remediation and retesting Drocedures: Quality control analysis:
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equipment certification and calibration: chemical identification: caimabis testing facility
record-keepine. documentation and business practices: disposal of used. unused and waste
harvested cannabis; and reportine of test results. The office shall, to the extent practicable.
establish pass and fail requirements for caonabis testing in accordance with applicable
national and international auaUtv standards established for botanical ineredients by the
American Herbal Pharmacopoeia, the_Umted States Pharmacopeia. the European
Pharmacoooeia and the British Pharmacoooeia or successor oreanizations. Rules adopted
pursuant to this subsection are routine technical rules as defmedinT 375.
subchapter 2-A. The office may. altemativelv, require cannabis testmg facilities registered
pursuant to this chapter to comply with any mles and standards established for testing
facilities licensed under Title 28-B. chapter 1.
Sec. A-17. 22 MRSA §2425-A, first ^, as enacted by PL 2017, c. 452, §12 and
amended by PL 2021, c. 669, §5, is further amended to read:
This section governs registry identification cards and registration certificates, except
that registration of manufacturing facilities and persons authorized to engage in cannabis
extraction is governed by section 2423-F and registration of cannabis testing facilities is
governed by section 2/123 A, subsootion 10 2423^.
Sec. A-18. 22 MRSA §2425-A, sub-§2, as enacted by PL 2017, c. 452, §12, is
amended to read:
2. Required registration. A caregiver, other than a caregiver operating under section
2423-A, subsection 3, paragraph C, and an officer or director or assistant of a dioponsary
or a oaregiver registrant, other than a caregiver operating under section 2423-A, subsection
3, paragraph C, shall obtain a registry identification card in accordance with subsections 3,
4 and 5. A long-term care facility designated by a qualifymg patient pursuant to section
2423-A, subsection 1, paragraph F-l, subparagraph (2) and a dispensary or a cannabis
testing facility shall obtain a registration certificate in accordance with subsections 6,7 and
8.
Sec. A-19. 22 MRSA §2425-A, sub-§6, as amended by PL 2025, c. 611, §7, is
further amended to read:
6. Application for registration certificate; qualifications. The department office
shall register and issue a registration certificate to an applicant who submits a complete
application that meets the requirements of this subsection.
The department office shall conduct a criminal history record check pursuant to section
2425-B for each officer or director of the applicant for a registration certificate. The
department office may not issue a registration certificate to an applicant if any officer or
6 director 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; aad
C. The name, address and date of birth of each officer or director of the applicant-;
D. For awlicants for a disuensarv reeistration certificate, plans for compliance with
the requirements of section 2428:and
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COMMmEE AMENDMENT" /p;toH.P. 1231, L.D. 1847
E. For auolicaats for a cannabis testine facility reeistration certificate, demonstration
that the applicant is in compliance with the requirements of section 2423-H,
See. A-20. 22 MRSA §2428, sub-§l-A, ^G, as repealed and replaced by PL 2019,
c. 331, §25 and amended by PL 2021, c. 669, §5, is repealed.
See. A-21. 22 MRSA §2429-A, sub-§l, ^C, as enacted by PL 2017, c. 452, §18
and amended by PL 2021,c. 669, §5, is further amended to read;
C. Packaged m a container with an integral measurement component and child-
resistant cap if fhe cannabis product is a multiservmg liquid; eed
Sec. A-22. 22 MRSA §2429-A, sub-§l, ^fC-1 is enacted to read:
C-l. Packaged in a manner that does not introduce liarmful contaminants to the
harvested cannabis after it has passed mandatory testing reauired under this chaoter:
and
Sec. A-23. 22 MRSA §2429-A, sub-§3, as enacted by PL 2017,c. 452, §18 and
amended by PL 2021, c. 669, §5, is further amended to read:
3. Labels, -tfa A registered caregiver. registered dispensary or manufacturing facility
ofees shall affix a label on the packaging of any harvested carmabis provided to a
qualifying patient and that label includes must include information about contaminants,
the cannabinoid profile e¥ and potency of the harvested cannabis, tho label and must be
verified by a cannabis testing facility. This subsection does not apply if there is no carmabis
testing facility operating m accordance with section 2/123 A, subsection 10,
Sec. A-24. 22 MRSA §2429-C, sub-§l-A is enacted to read:
1-A. Cannabinoid potency. May have the amount or potency of cannabinoids
calculated using an allowable variance rate of 10%. In fhe calculation of the amount or
potency ofcannabmoids allowed under fhis subsection, the allowable variance rate may be
in addition to the allowable variance rate applicable to a cannabis testing facility oursuant
to section 2430-0. subsection 7:
Sec. A-25. 22 MRSA §2430, sub-§3-A, ^C, as enacted by PL 2025,c. 368, §3, is
amended to read:
C. Grants to organizations in the State conducting outreach and providing support
services to active duty military members and their families who are transitioning to
civilian life. Notwithstanding any provision of law to the contrary, on or before
September 30,2025, and by every September 30fh thereafter, the State Controller shall
transfer $200,000 from the fund to the Active Duty Military Transition to Civilian Life
Fund established within fhe Department of Economic and Community Development
under Title 5, section 13056-K to administer grants issued pursuant to this paragraph;
afid
Sec. A-26. 22 MRSA §2430, sub-§3-A, ^D, as enacted by PL 2025, c. 368, §3, is
amended to read:
D. Grants to organizations in the State providing housing and support services for
unhoused veterans and their children and for survivors of military sexual trauma.
Notwithstanding any provision of law to the contrary, on or before September 30,2025,
and by every September 30th thereafter, the State Controller shall transfer $285,000
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from the fund to the Survivors of Military Sexual Trauma Fund under section 3971 to
administer grants issued pursuant to this paragraphT; and
See. A-27. 22 MRSA §2430, sub-§3-A, ^E is enacted to read:
E. Reimbursements to qualifying registrants for a portion of the costs of batch testing
reauired under section 2430-0, For the Durooses of this oaraeraDh. "aualifvme
reeistrant" means a reeistrant subject to mandatory testme under section 2430-0 whose
gross annual revenue generated from authorized conduct under this chapter is less than
$125.000 and whose annual total testine costs for testing required under section
2430-0 is greater than 10% of fheiegistrant's eross annual revenue. Reimbursements
under this Daraeraph must be^^^^^^^^^^^^^^ pursuant to section 2430-0 for the
year in which the registrant qualifies. The office may adopt rules to implement and
administer reimbmsement ofaualifvine reeistrants under this oaraeraoh. Rules adooted
pursuant to this paragraph are routine technical rules as defined in Title 5. chapter 375.
subchaoter 2-A.
Sec. A-28. 22 MRSA §2430-J, as enacted by PL 2023,c. 365, §21, is amended to
read:
§2430-J. Reporting; record keeping; labels Records: inveatorv trackine information
The department office shall develop, implement and maintain administer a statewide
©leeteeaie-perial inventor/ tracking system through which registered caregivers, registered
dispensaries, carmabis testing facilides and manufacturing facilities may- shall submit to the
department office the electronic records required pursuant to this chapter. Registrants of
the inventor/ trackine system shall pay all costs and fees associated with the use of the
inventory tracking system and all other costs associated with the keepine of records
required in this section, The dopartmont office may not require records aubmittod through
the portal maintamed in the inventory tracking system to contain information identifying
qualifying patients or their medical providers.
1. Required records. A registered caregiver, a registered dispensary, a cannabis
testing facility and a manufacturing facility shall:
A, Keep a record of all transfers of cannabis plants and harvested cannabis from
immature cannabis plant to the point of sale or transfer to a aualifyine patient. return.
disposal or destruction; and
B. Keep the books and records for a period of 4 6 yearst-flae^
G-. — Make the books and records mamtained under this subsection available for
inspoction by the department upon the department's request,
2. Required label. A registered caregiver, registered diopenoary, oannabio teotfflg
facility and manufacturing facility shall accompany all oaimabiii plantQ and harvested
carmabis being transported pursuant to this chapter with a label that identifies:
A, The person transferring the oannabis plants or harveated oannabis, mchdmg the
person's registry identification number;
S-. — The person recoiving tho oannabiQ plants or harvoatod oarmabis, inoluding the
person's registry idandfication number or, if the person is not required to register under
this chapter, a unique identifier assigned to the person;
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COMMETTEE AMENDMENT "A " to H.P. 1231, L.D. 1847
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G-. — A description of tho oarmabis plants or harvostod ctumabia being transforrod,
including the amount and form;
D. The time and date of the transfer; and
E. Tho deotination of the oarmabis plants or liarvesrted oannabis.
The department may adopt rules to implement this subsection. Rules adopted pursuant to
this oubsootion are major substantivo rules aa defined in Title 5, chapter 375, oubohuptor
3-Ar
2-A. Required inventory tracking information. Registrants of the inventory
tracking system shall submit to the office bv 11:59 u.m. every dav the followine
mfonnation through the inventory tracking system:
A. A conrolete inventorv of all camiabis ulants and harvested cattnabis cultivated.
manufactured, stored or otherwise within the possession or control of the reeistrant:
B. A record of all transfers of cannabis plants or harvested caimabis transferred to or
from the registrant that includes, at a minimum:
fl) The person transferrine the cannabis plants or harvested canaabis. includme
the person's reeistry identification number;
(2} The person receiving the cannabis plants or harvested camiabis. including the
person's reeistrv identification number or. if the person is_not required to register
under this chapter, a unique identifier assigned to the person.
A registrant transferrine cannabis plants or harvested carmabis to a person who is
not required to register under this chapter shall maintain and produce to the office
uoon reauest a list that identifies the uniaue identifier and the uerson to whom that
identifier is assigned;
f3) A description of the cannabis plants or harvested cannabis beine transferred.
includine the amoiuit and form;
(4) The time and date of the transfer; and
f5) The destination of the cannabis ulants or harvested cannabis: and
C. A record of all mandatory test results for each batch of harvested cannabis offered
to qualifying patients.
This subsection may not be construed to require a registrant to resubmit mventorv trackine
information to the office if no changes have been made to the mventorv maintained by the
registrant.
The office may adopt mles to imrilement this section. includmg. but not limited to.
mles reeardine the process and content of records to be submitted and the &eauencv with
which records musLbe submitted, as weU_asrules regarding.enforcement ofthemventorv
6 tracking requirements of this chapter. Rules adopted pursuant to this naraerauh are routine
technical mles as defmed in Title 5. chapter 375. subchaoter 2-A.
Sec.A-29. 22 MRSA §2430-0 is enacted to read:
S2430-0. Mandatory testing
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A reeistered careeiver. disnensarv or manufacturine facility may not sell. distribute or
transfer harvested cannabis to a aualifyine patient or to an mdividual on behalf of a
aualifyine patient unless the harvested caimabis has been tested pursuant to fhis chapter
and that testing demonstrates that the harvested cannabis does not exceed the maximum
level of allowable contamination for any contammant for which testing is reauired. as
applicable, based upon fhe matrix in which the harvested^caanabis^is intended
by a aualifvine patient. The office may require testing ibr some analvtes m some matrices
before fhe harvested cannabis is furfher processed, manufactured or combined to ensure
that contaminants that are injurious to health do not contaminate other batches of harvested
caunabis. All cannabis concentrates used to manufacture cannabis oroducts in accordance
with this chapter must be tested in accordance with subsection3 or 4 prior to being used to
manufacture a cannabis product or a cannabis pre-roll mfused with cannabis concentrate.
The office may temporarily waive mandatory testing requirements under this section
for anv contaminant or factor for which fhe office has determined that there exists no
cannabis testing facility in the State capable of and authorized to perform such testmp.
1. Scope of maadatorv testine eenerallv. Mandatory testine of harvested cannabis
under this section must include, but is not limited to. testine for:
A. Residual solvents, poisons and toxins;
B. Metals;
C,DaBgerous molds and mildew^ mcluding, butnot limited to, Aspergillus spp, and
mvcotoxins. as armlicable:
D. Harmful microbes, includme. but not limited to, Escherichia coli and Sahnonella;
E. Pesticides, funeicides and msecticides:
F. Water activity, for harvested cannabis except cannabis concentrate: and
G. THC potency, homoeeneitv and caimabinoid profiles.
2. Scope of mandatory testine for cannabis flower and cannabis trim. Caimabis
flower and cannabis trim. including carmabis pre-rolls and caaaabis flower or carmabis trun
that has been mixed with cannabis concentrate, must be tested for:
A. Metals:
B, Dangerous molds and mildew. includinR. but not limited to. Aspereillus SDO, and
mvcotoxins. as apDlicable, Testina for mvcotoxins is mandatorv if the batch fails
mandatory testing for daneerous molds and mildew and is subsequentlvretested;
C. Harmful microbes:
D, Pesticides, funeicides and insecticides:
E. Water activity: and
F. THC ootencv and cannabinoid orofiles.
3, Scope of mandatory testine for cannabis concentrate extracted using solvents
other than water. Cannabis concentrate that has been extracted using solvents other than
9 water must be tested for;
A. Residual solvents, poisons and toxins;
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B. Metals:
C. Pesticides, fungicides and msecticides;
D, Mvcotoxms: and
E, THC uotencv. homoeeneitv and cannabmoid wofiles.
4. Scope of mandatory testing for cannabis concentrate extracted without use of
solvents other than water. Caimabis concentrate that has been extracted wifhout the use
of solvents other than water must be tested for:
A. Metals;
B. Dangerous molds and mildew. includine. but not limited to. Aspereillus spp. and
mvcotoxms. as aoolicable. Testina for mvcotoxms is mandatory if the batch fails
mandatory testing for dangerous molds and mildew and is subsequently retested:
C. Harmful microbes:
D. Pesticides, fimeicides and insecticides: and
E. THC potency, homoeeneitv and cannabmoid profiles,
5. Scooe of mandatory testine for cannabis products. Caiuiabis oroducts. includme
edible carmabis products. must be tested for:
A, Dangerous molds and mildew. mcludinR. but not limited to. Aspergillus SDD. and
mvcotoxins. as aoolicable. Testine: for mvcotoxins is mandatory if the batch fails
mandatory testing for dangerous molds and mildew and is subseguenflv retested;
B. Harmful microbes:
C. Water activity, except that edible caimabis oroducts that are preserved bv
refngeration are not required to be tested for water activity; and
D. THC uotencv. homoseneitv and cannabinoid profiles.
6. Record keepine. A registrant, not exempt under subsection 8, shall mamtain a
record of alL^andatory testjngJiiat includes a description of the harvested cannabjs
orovided to the carmabis testina facility, the identity of the cannabis testing facilitv and the
results of {he mandatory test. The results of all mandatory tests conducted by a caimabis
testmg_ facility must be recorded in accordance with the record-keeome and inventory
trackiae reauirements of section 243 0-J.
7. Sample coUectiou. testine processes, protocols and standards. The office may
establish by rule prQcesses. protocols_and standards for the collection of samules for
mandatory testing and for the mandatory and other testine of harvested cannabis that
conform with the best practices generally used to sample the aoolicable matrices and test
for the presence or absence of the contaminants identified in this section based upon the
matrix of the harvested cannabis tested. The rules may include an allowable variance rate
for determinme the amount or potency of THC or other cannabinoids in edible carmabis
7 products. The office shall, to the extent practicable, establish pass and fail requirements for
8 cannabis testing in accordance with applicable national and international quality standards
established for botanical ingredients by the American Herbal Pharmaconoeia. the United
States Pharmacopeia. the European Pharmacouoeia and the British Pharmacoooeia or
successor oreanizations. Rules adopted pursuant ^to subsection are routine technical
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COMMnTEE AMENDMENT" A "toH.P. 1231, L.D. 1847
mles as defined in Title 5. chapter 375. subchaoter 2-A. The office may. alternatively.
require registrants to comply with any rules and standards established for testing caimabis
under Title 28-B. chapter 1.
8. Exemution from mandatory testine. Haryested carmabis cultivated by a registered
caregjyer _who meets the followmg criteria is exempt from th^jnandatorv testmfi;
reauirements inthis^sectionL
A. The registered careeiver's cultivation area is located at the registered careeiver's
urimarv residence;
B. The reeistered careeiver does not have a 2nd cultivation area located on urooertv
fhatjsnot the registered careeiver'sBrimary_residence;
C. The registered caresiver's cultivation area does not exceed 500 square feet of mature
plant canopy or 30 mature plants:
D. There are no other registered caregivers with a cultivation area on the property
where the registered careeiver's cultivation area is located with the exception of one
famjlY^nember who shares a primary residence with the registered careeiver and the
combined cultivation area does not exceed a total of 1.000 square feet of mature plant
canopy or 60 mature plants: and
E. The reeistered careeiver. or any other family or household member who cultivates
at the primary residence of the registered caregiver. does not engaee in whole^
transactions.
The office shall adopt mles for certifvine that a reeistered careeiver meets the criteria in
this subsection. Harvested carmabis that is exempt from testing pursuant to this section
must include the followine wamine statement: "NOT TESTED FOR RESD3UAL
SOLVENTS. POISONS. TOXINS. HARMFUL CHEMICALS. DANGEROUS YEASTS.
MOLDS AND MILDEWS. HARMFUL MICROBES. PESTICmES. FUNGICIDES AND
ENSECTICIDES," The warning statement must appear on the fi-ont or the most
prominently displayed side of any marketine layer, must aooear in bold and must be no
smaller than 12-uomt font or 1/12 inch. Rules adopted pursuant to this subsection are
routine techmcaLrules_as_defined in Title 5. chapter 375. subchaoter 2-A.
9. IVIaximum batch size for mandatory testine. For the Duroose of samplme and
mandatory testing under this section. a batch may not exceed 44 pounds by net weight.
2 regardless of matrix.
A. For cannabis flower and cannabis trim. mcludine cannabis ure-rolls. the 44-tiouiid
limit aooUes to the combined net weight ofcannabis flower or camiabis trim harvested
or manufactured at the same time under the same conditions using the same process or
procedure.
B. For cannabis concentrate and carmabis products, the 44-pound Umit applies to the
8 combined net weight of the finished material in that matrix that is manufactured at the
same time under the same conditions usine the same process or orocedure,
The office may adopt mles for sample collection that ensure representative sampling within
the 44-oound maximum batch size m accordance with subsection 7. Rules adopted pursuant
to this subsection are routine technical mles as defined in Title 5. chapter 375. subchapter
2-A.
COMMITTEE AMENDMENT
COMMTTTBE AMENDMENT " /\ " to H.P. 1231, L.D. 1847
Sec. A-30. 22 MRSA §2430-P is enacted to read:
82430-P. Notification reauirements
1. Notification of testine results required. If the results of a mandatory test
conducted pursuant to section 2430-0 mdicate that the harvestefLcannabis exceeds the
maximum level of allowable contamination for any contaminant that is injurious to health
and for which testing is required, the cannabis testing facility shall immediately notify the
office and the registered careeiver. disoensary or manufacturing facility that submitted the
samples for mandatory testing of the failed test. If a repistered careeiver. dispensary or
manufacturine facility successfully undertakes remediation and retestine of harvested
cannabis. the cannabis testme facility shall notifythe office of the subsequent passed
mandatory testine.
2. Notification of testine; results not reauired. A cannabis testine facilitv is not
required to notify the office of the results of any test conducted on:
A. Harvested cannabis at the direction of a registered careeiver. disoensarv or
manufacturine faciUtv pursuant to section 2430-0 that demonstrates that the harvested
cannabis does not exceed the maximum level of allowable contamination for any
contaminant that is injurious to health and forwhichtestinfi is required;
B. Harvested canaabis at the direction of a reeistered careeiver. dispensarv or
manufacturine facility for research and develoument Durposes only. as lone as the
registered careeiver. disnensarv or manufacturme facility notifies the cannabis testing
facility prior to the performance of the test that the testing is for research and
development purposes only:
C. Harvested cannabis at the direction of a person who is not a registered careeiver.
disoensarv or manufacturme facility: or
D. A subsfancejhat is_not harvested camiabis.
Sec.A-31. 22 MRSA §243 0-Q is enacted to read:
§2430-0. SamDle^oUection for testine
1. Sample collectine rules. A reeistered careaiver. an assistant of a registered
caregiver. a dispensary. a manufacturine facility, a sample collector licensed pursuant to
Title 28-B. chaoter 1 or an emolovee of a samole collector or cannabis testine facilitv mav
collect samples of harvested carmabis for mandatory testine. The office may adopt rules
regarding the collection of samples of harvested cannabis for mandatory testmp bv_a
repistered carepiver. an assistant of a registered careeiver. a dispensary. a manufacturme
facility, a sample collector licensed pursuant to Title 28-B. chaoter 1 or an emolovee of a
sample collector or caimabis testmg facility, which may include. but are not limited to:
A, EstabUshmeat of sample collecting processes, urotocols and .standards, which must
be complied with by any person collecting samples of harvested cannabis for
8 mandatory testing ourposes;
B. Requirements for a registered careeiver. an assistant of a registered careeiver. a
djspensarv or a manufacturme facility to demonstrate that the sample collector's sample
collectme practices comply with oaraeranh A;
COMMITTEE AMENDMENT
COMMHTEE AMENDMENT " /1/" to H.P. 1231, L.D. 1847
"/{"'
C. Provisions authorizing the office to conduct audits of harvested cannabis that was
tested using samples collected by a registered careeiver. an assistant of a registered
careeiver. a disoensary or a manufacturing facility pursuant to this section, with aU
costs of the audits to be paid for by the registered careeiver. assistant of aregistered
careeiver. disoensary or manufacturina facility sub ject to an audit of that samole
collector s sample collecting uractices;
D. Provisions authorizing the office to take samples of harvested carmabis from a
registrant, indudme from a retail location_mamtamed by a registrant, for testing by a
caunabis testing facility to audit or verify mandatory test results issued by the cannabis
testing facility, with aU costs of the testing to be paid for bv the reeistrant;
E. Provisions authorizing the office to conduct interlaboratorv proficiencv testine to
ensure cannabis testing facility compliance with testing proeram reauirements and to
ensure the quality, consistency and reliability of mandatory testing conducted by
cannabis testing facilities authorized pursuant to this chaRter;
F. Requirements for the transportation, delivery and transfer of samples of harvested
cannabis collected by a registered caregiver. an assistant of a registered careeiver. a
dispensarv or a manufacturine facility to a cannabis testing faciUty,which must reauire
the in-person transfer of the samples by the registered careaiver. the assistant of a
registered caregiver. the disuensary or the manufacturing facility to a cannabis testine
facility; and
G. A prohibition on the intentional tamoerine with or interference in the mandatory
testina process or auditme Drocess. includine failure of any audit conducted in
accordance with paraerauh C. by a registered careeiver. an assistant^ of a registered
caregiver. a dispensarv or a manufacturing facility, which, notwifhstandine any
provision of this chapter to the contrary, may be treated by the office as constitutine a
violation of program requirements and as a basis for imposition of a penalty pursuant
to section 2430-1. subsection 2. as applicable.
2, Samiries for investieation. This section may not be constmed to limit the authority
of the office to take samples of harvested cannabis pursuant to an mYestmation bv the office
0 into^ tfie_conductQf a registrant or a registrant agent.
3. Rules. Rules adopted oursuant to this section are routine technical rules as defined
in Title 5. chapter 375, subchapter 2-A,
Sec.A-32. 22 MRSA §2430-R is enacted to read:
52430-R. Additional testine not required
Notwithstandine section 2430-0. a reeistered careeiver. an assistant of a registered
careeiver. a dispensary or a manufactunne facility may sell. transfer or otherwise furnish
to a aualifvme patient or careeiver or to another registered carefflYer, assistant of a
registered careeiver. dispensar/ or manufacturine facility harvested cannabis that the
registered careeiver. assistant of a registered careeiver. disoensarv or manufacturmg
faciUtv has not submitted for testing in accordance with this chapter if:
1. Prior testine. The harvested cannabis has previously uadereone all required testme
in accordance with this chapter at the direction of another registered careeiver. assistant of
a registered careeiver. dispensary or manufacturine facility and that testing demQnstrated
COMMITTEE AMENDMENT
COMMTTTEE AMENDMENT "/L" to H.P. 1231, L.D. 1847
that the harvested cannabis does not exceed the maximum level of allowable contammation
for any contaminant that is iniurious to health and for which testing is reguired;
2. Proper documentation. The mandatory testing process and the test results fo^the
harvested caimabis are documented m accordance with the requirements of this chapter:
3. Tracking mamtained. ^Tracking from immature cannabis plant to the noint of sale
or transfer to a aualifvine patient, or another mdividual on behalf of a aualifvme patient.
has been mamtained for the harvested cannabis and transfers of the harvested caimabis to
another registered caregiver. assistant _of a_registered_ caregiver, dispensary or
manufacturine facility or to a aualifvme patient or careeiver on behalf of a aualifvine
patient can be readily identified: and
4, No further processine, manufacturine or alteration. Since the^Derfomiance of
the t)rior testing under subsection. 1. the harvested carmabis has not undereone any further
orocessine. manufacturine or alteration other than the uackaeine and labeling of the
harvested cannabis m accordance wifh this chapter. For the purposes of this subsection,
further urocessine. manufacturine or alteration does not include the use of carmabis
concentrate in the creation of an edible cannabis product. except for testing under section
2430-0. subsection 5, uaragraph D.
Sec.A-33. 22 MRSA §2430-S is enacted to read;
§2430-8. Patient education
In addition to the educational materials required under section 2429-A. subsection 4.
registrants shall provide educational matenalstoAeaualifvinR patient at & time of sale.
in printed or elecfronic form. about product dosine: delayed onset_and duration; risks of
overconsumotion and imuairment: considerations for individuals inexuerienced with
carmabis or at risk for psychiatric problems: and safe storage to prevent access by children
and pets. The office shall develop and make publicly available minimum content
requirements for such educational.materials. In deyelopmg minimum content reauirements
for educational materials under this section, the office may consult with the Maine Center
for Disease Control and Prevention and the Northern New England Poison Center or
successor organization.
PART B
Sec. B-l. 28-B MRSA §102-A, sub-§14-A is enacted to read:
14-A._Cannabisjore-roIl. "Cannabis ore-roll" means camiabis flower, caimabis_fcnm
pr a combination of cannabis flower and cannabis trim that is rolled in rollme uaoers.
cigarette papers or wraps. with or without a cardboard filter, and intended for smoking. A
5 cannabis pre-roll may be infused with cannabis concentrate.
Sec. B-2. 28-B MRSA §102-A, sub-§40-A is enacted to read:
40-A. Matrix, "M'atrix" means^as apBlicable to the testing ofadult_use carmabis or
8 adult use cannabis products, the form m which the adult use cannabis or adult use cannabis
product exists at the time it is subject to mandatory testing in accordance with this chapter.
"Matrix" includes the following categories of adult use cannabis and adult use caimabis
products;
A, Cannabis flower and cannabis trim. includme cannabis ore-rolls:
COMMITTEE AMENDMENT
COMMmEE AMENDMENT " /\" to H.P. 1231, L.D. 1847
"A"'
B. Canaabis concentrate, including concentrates extracted using solvents, as well as
solventless extraction methods: and
C. Cannabis product.
Sec. B-3. 28-B MRSA §102-A, sub-§64, as enacted by PL 2023,c. 679, Pt. B, §3,
is amended to read:
64. Testing facility. "Testing facility" means a facility licensed under this chapter to
develop, research and test cannabis? and canaabis products and other substanoeQ or a facility
registered in accordance with Title 22, chanter558-C.
Sec. B-4. 28-B MRSA §602, first ^[, as amended by PL 2021, c. 612, §2 and c.
669, §5, is further amended to read:
A licensee may not sell or distribute adult use cannabis or an adult use carmabis product
to a consumer under this chapter unless the caimabis or cannabis product has been tested
pursuant to this subchapter and the rules adopted pursuant to this subchapter and that
mandatory testing has demonstrated that the carmabis or carmabis product does not exceed
the maximum level of allowable contamination for any contaminant that is injurious to
health and for which testing is required. The office may require testing for some analvtes
in some matrices before the caimabis or cannabis product is further orocessed.
manufactured or combined to ensure that contaminants that are^ injunousto do not
contaminate other batches of cannabis or cannabis uroduct. All cannabis concentrates used
to manufacture camabis woducts in accordance with this chapter must be tested in
accordance with subsection 1-C or 1-D prior to bemg used to^^^^^^^m^ a cannabis
product or a cannabis pre-roll infused with carmabis concentrate. The office shall also adoRt
rules establishing testing and maximum level parameters for soeciation testine. includine
the range for allowing soeciation tests for cannabis flower and cannabis trun testme. which
must be set based on evidence-based practices,
Sec. B-5. 28-B MRSA §602, sub-§l, as amended by PL 2023, c. 679,Pt. B, §§113
and 114, is further amended to read:
1. Scope of mandatory testing. Mandatory testing of adult use caimabis and adult
use carmabis products under this section must include, but is not limited to, testing for:
A. Residual solvents, poisons and toxins;
B. Harmful ohemioalg Metals;
C. Dangerous yeasts, molds and mildew as Qpeoified in rules adopted by the office^
includme. but not limited to. Aspereillus spp. and mvcotoxins. as applicable;
D. Harmful microbes, including, but not limited to, Escherichia coli and salmonella
Salmonella;
E. Pesticides, fungicides and hsecticides; ead
F. THC potency, homogeneity and carmabmoid profiles to ensure correct laboling.i
and
G. Water activity, except for cannabis concentrate.
COMMITTEE AMENDMENT
COMMHTEE AMENDMENT" /_p'toH.P, 1231, L.D. 1847
•A"
Tho office-may temporarily waive mandatory testing roquirementg undor this sootion for
any contaminant or factor for which the office haii dotennmed that there exists no licensed
testing facility in the State capable of and certified to perform such testitig.
Sec. B-6. 28-B MRSA §602, sub-§l-B is enacted to read:
1-B. Scope of mandatory testing; cannabis flower and cannabis trim.^ExceDt as
provided in section 605. subsection 4. cannabis flower and cannabis trim. includme
caimabis pre-rolls and carmabis flower or cannabis trim that has been mixed with cannabis
concentrate.^nustbe tested for:
A. Metals:
B, Dangerous molds and mildew, includme. but not limited to. Asperaillus sop, and
mvcotoxins. as applicable. Testine for mvcotoxins is mandatory if fhe batch fails
mandatory testine for dangerous molds and mildew and is subsequently retestedl
C. Harmful microbes;
D. Pesticides, funeicides and insecticides:
E. Wateractivity; and
F. THC ootencv and cannabinoid profiles.
Sec. B-7. 28-B MRSA §602, sub-§l-C is enacted to read:
1-C. Scope of mandatory testine: cannabis concentrate extracted usine solvents
other than water. Cannabis concentrate that has been extracted using solvents other than
water must be tested for:
A. residual solvents. DQisons andloxms;
B. Metals:
C. Pesticides, funeicides and insecticides:
ELMvcotoxins: and
E. TBC uotencv. homoeeneitv and carmabinoid urofiles.
Sec. B-8. 28-B MRSA §602, sub-§l-D is enacted to read:
1-D. Scone of mandatory testing; cannabis concentrate extracted without use of
solvents other than water. Carmabis concentrate that has been extracted without the use
of solvents other than water must be tested for:
A. Metals:
B. Daneerous molds and mildew. includine. but not limited to. Aspereillus SDD. and
mvcotoxins. as aoolicable. Testing for mvcotoxins is mandatory if the batch fails
mandatory testing for danfierous mplds &D.6. mUdewandis subseauently retested;
C. Harmful microbes:
D. Pesticides, fungicides and insecticides; and
E. THC potency, homoeeneitv and cannabinoid profiles.
Sec. B-9. 28-B MRSA §602, sub-gl-E is enacted to read:
Pagel6-132LR0854(02)
COMMITTEE AMENDMENT
COMMm-EE AMENDMENT " A." to H.P. 1231, L.D. 1847
"A"'
1-E. Scope of mandatory testine; cannabis products. Cannabis oroducts. includine
edible cannabis products, must be for:
A. Dangerous molds and mildew. includine. but not limited to. AsDersillus snn. and
mvcotoxins. as aDDUcable. Testing for mvcotoxins is mandatory if the batch fails
mandatory testing for dangerous molds and mildew and is ^ retested;
B, Harmful microbes;
C. Water activity, except that edible caanabi^products that are preserved by
refrigeration are not required to be tested for water activity; and
D. THC ootencv. homoeeneitv and cannabinoid urofiles.
Sec. B-10. 28-B MRSA §602, sub-§l-F is enacted to read:
l-F. Maximum batch size for mandatory testine. For the purpose of samuline and
mandatory testing under this section, a batch may not exceed 44 pounds by net weight.
regardless of matrix.
A. For cannabis flower and cannabis trim, includmg^annabis pre-roUs, the 44-oound
limit applies to the combined net weight of carmabis flower or cannabis trim harvested
or manufactmed at the same time under the same conditions usine the same orocess or
procedure.
B, For caimabis concentrate and camiabis products, the 44-pound limit applies to the
combined net weieht of the finished material in that matrix that is manufactured at the
same time under the same conditions usuig the samejirQcess or procedure.
The office may adopt rules for sample collection that ensure representative samDlm& within
the 44-cound maximum batch size.
Sec. B-ll. 28-B MRSA §605, sub-§4, as amended by PL 2023, c.679,Pt. B, §120,
is further amended to read:
4. No subsequent further processing, manufacturing or alteration. Since the
performance of the prior testing under subsection 1, the cannabis or cannabis product has
not undergone any further processing, manufacturing or alteration that would result in an
increase m the concentration of any contaminants or factors identified in section 602,
subsection 1 or in any mles adopted by the office pursuant to that section. For the purposes
of this subsection, "further orocessine. manufacturmfi or alteration" does not includethe
use of cannabis concentrate in the creation of an edible cannabis product, except for testing
under section 602. subsection 1-E. paraeraph D.
See. B-12. 28-B MRSA §1101, sub-§2, ^B-l is enacted to read:
B_-l, Money credited to the fund may be expended by the office to fund research on
the Dublic health impacts of cannabis use. includme. but not limited to. cannabis use
by individuals under 2 1 years of age.
PART C
Sec. C-l. 36 MRSA §4921, sub-§7-A is enacted to read:
7-A. Cannabis Dre-roll. "Cannabis ore-roll" has the same meaning as in Title 28-B.
section 102-A. subsection 14-A.
COMMITTEE AMENDMENT
COMMHTEE AMENDMENT" /J^-toH.P. 1231, L.D. 1847
Sec. C-2. 36 MRSA §4923, sub-§2-A is enacted to read:
2-A. Excise tax on cannabis Dr^-roll, Begimune January 1. 2027. a cultivation
facility licensee shall oav an excise tax pursuant to subsection 1 or 2 baseduDonthe amount
per ooimd or fraction thereof of caimabis flower or cannabis trim contamed within a
carmabis rire-roll.
PART D
Sec. D-l. MontMy reports on inventory tracking system contract
performance. Beginning August 1, 2026, through the end of the current contract for the
statewide adult use cannabis inventory tracking system under the Maine Revised Statutes,
Title 28-B, section 105, the Department of Administrative and Financial Services, Office
of Cauaabis Policy shall submit monthly reports regarding the performance of the
inventory tracking system provider to the joint standing committee of the Legislature
having jurisdiction over carmabis matters.
Sec. D-2. Competitive bidding process. The Department of Administrative and
Financial Services, Office of Carmabis Policy shall conduct competitive bidding and issue
a request for proposals in order to select a vendor to provide medical use cannabis inventory
tracking services as provided in the Maine Revised Statutes, Title 22, section 2430-J, The
office shall begin the competitive bidding process by August 1,2026.
Sec. D-3. Estimate for cost to develop and maintain electronic inventory
tracking system. By March 1, 2027, the Office of Cannabis Policy and fhe Office of
Information Technology, both wifhin the Department of Administrative and Financial
Services, shall provide to the joint standing committee of the Legislature having
jurisdiction over carmabis matters an estimated cost for development and maintenance of
an electronic inventory tracking system for cannabis that would be developed and
maintained by the State and that meets the requirements outlined in the Maine Revised
Statutes, Title 22, chapter 558-C and Title 28-B, chapter 1 and in mle for both the medical
use of camabis program and the adult use cannabis program. The estimate should include
information on the functionality of such an inventory tracking system and an estimated
timeline for implementation, as well as estimated total costs for development and for
0 ongoing implementation and maintenance of the system.
PARTE
Sec. E-l. Effective date. Parts A, B and C of this Act take effect January 1,2027.'
Amend the bill by reletteriag or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and changes the title.
Part A of the amendment makes the following changes to the M'aine Mfidical Use of
Cannabis Act.
1. It defmes the terms "batch," "cannabis flower," "cannabis pre-roll," "caimabis trim,"
"matrix," "remediation," "testing" and "THC" and repeals and replaces the definition of
"cannabis testing facility."
COMMITTEE AMENDMENT
COMMnTBEAMENDiMENT"/V"toH.P. 1231,L.D. 1847
"A"'
2. It clarifies that only cannabis testing facilities may conduct testing.
3. It adds certain requirements related to testing to the provisions on packaging and
labeling.
4. It establishes a program for mandatory testing of harvested cannabis.
5. It replaces previous authorization for canaabis testing facilides with a provision
establishing a cannabis testing facility registration and establishes additional requirements
necessary to obtain a registration certificate to operate a cannabis testing facility.
6. It includes cannabis testing facilities in the standard application process for a
registration certificate.
7. It authorizes the Department of Administrative and Financial Services, Office of
Cannabis Policy to use funds from the Medical Use of Cannabis Fund to provide $100
reimbursements to qualifying registrants in the medical use of cannabis program. It
establishes the criteria for qualifying for reimbursements and authorizes the department to
develop mles for the reimbursement program.
8, It revises reporting and record-keeping requirements to require records retention for
6 years and to mandate that all registrants report all required inventory information in the
statewide inventory tracking system implemented and administered by the office.
9. It requires the testing of harvested catmabis provided to a qualifying patient by a
registrant.
10. It requires mandatory testing of all harvested cannabis for the presence of harmful
contaminants and camiabinoid profiles.
11. It exempts cannabis flower and cannabis trim cultivated by a registered caregiver
who meets certain criteria regarding cultivation area and amount cultivated and who does
not engage in wholesale transactions from mandatory testing. A warning statement
indicating that the cannabis flower or carmabis trim is not tested is required.
12. It specifies that the maximum size of a batch for mandatory testing is 44 pounds.
13. It requires reporting of mandatory test results of failed tests to fhe office and to the
registrant that submitted samples to a carmabis testing facility for testing.
14. It establishes sampling requirements and permits the office to take samples for audit
testing to verify mandatory test results and to ensure the quality, consistency and reliability
of the testing program,
15. It identifies the circumstances iu which additional mandatory testing is not required
before harvested caimabis is provided to a qualifying patient.
16. It requires registrants to provide certain educational materials to qualifying patients
at the time of sale.
Part B of the amendment makes the following changes to the Cannabis Legalization
Act.
1. It adds definitions of "cannabis pre-roll" and "matrix."
2. It amends the definition of "testmg facility" to include a registered cannabis testing
facility under the Maine Medical Use of Cannabis Act.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /\." to H.P. 1231, L.D. 1847
"A"'
3. It identifies what tests for harmful contaminants are mandatory for adult use cannabis
and adult use cannabis products based upon the matrix of the cannabis or cannabis product
at the time it is subject to mandatory testing.
4. It specifies that the maximum size of a batch for mandatory testing is 44 pounds.
5. It provides exemptions fi-om final form testing for cannabis pre-rolls and edible
carmabis products.
6. It authorizes funds from the Adult Use Cannabis Public Health and Safety and
Municipal Opt-in Fund to be used for research on public health impacts of carmabis use,
includmg use by individuals who have not attained 21 years of age.
Part C of the amendment does the following.
1. It defines "cannabis pre-roll" for the purposes of the cannabis excise tax using the
same definition of "cannabis pre-roll" in the adult use cannabis program.
2. It establishes an excise tax for adult use cannabis pre-rolls as the amount per pound
or fraction thereof of adult use cannabis flower or adult use cannabis trim used in a cannabis
pre-roll.
Part D of the amendment does the following.
1. It directs the office to provide, beginning January 1, 2027, monthly reports to the
joint standing committee of the Legislature having jurisdiction over carmabis matters on
the performance of the entity that holds the contract with the State for the implementation
and administration of the statewide adult use cannabis inventory tracking system.
2. It directs the office to begin, by August 1, 2026, a competitive bidding process for a
statewide inventory tracking system for the medical use of cannabis program.
3. It directs the office and the Office of Information Technology within the Department
of Administrative and Financial Services to develop an estimate for a statewide inventory
tracking system for both the medical use of carmabis program and the adult use cannabis
, program that is developed, administered and maintained by the State and report back to the
joint standmg committee of the Legislature having jurisdiction over carmabis matters by
March 1, 2027 on the cost to develop and implement such a system, the cost to administer
and maintain such a system, the functionality of such a system and a projected timeliae for
implementation.
Part E of the amendment establishes an effective date of January 1,2027 for Parts A,
B and C of the amendment.
FISCAL NOTE REQUIRED
(See attached)
Page20-132LR0854(02)
COMMITTEE AMENDMENT
Approved; 04/03/26 1-KL
LD 1847 LR 854(02)
An Act to Institute Testing and Tracking of Medical Use Cannabis and Cannabis Products Similar to
Adult Use Cannabis and Cannabis Products, Dedicate a Portion of the Adult Use Cannabis Sales and
Excise Tax to Medical Use Cannabis Programs and Create a Study Group
Fiscal Note for Bill as Amended by Committee Amendment
Committee: Veterans and Legal Affairs
Fiscal Note Required: Yes
•?1043)
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $7,000 $18,200 $17,700
Appropriations/Allocations
Other Special Revenue Funds $0 $0 $267,000 $1,014,000
llevenue
General Fund $0 ($7,000) ($18,200) ($17,700)
Other Special Revenue Funds $0 $1,000 $3,200 $3,700
Fiscal Detail and Notes
This bill establishes a mandatory testing program, an inventory tracking system for medical use ofcannabis and a
reimbursement program for certain registrants covering a portion of testing costs. The bill also makes associated
changes to labeling, record-keeping and regulatory requirements for cannabis testing facilities, including changes to
the excise tax treatment of certain cannabis products. This estimate is based on an implementation model in which
testing requirements are applied broadly across registrants but are administered through existing regulatory and
compliance structures without expanding audit or inspection activities,
The Office ofCannabis Policy (OCP) within the Department of Administrative and Financial Services would require
additional allocations of Other Special Revenue Funds to implement testing requirements, establish and maintain an
inventory-tracldng system, and administer the reimbursement program. Due to the bill's effective dates and
implementation timeline, these allocations are projected to begin in fiscal year 2027-28 and would include $267,000
in fiscal year 2027-28 and $534,000 in fiscal year 2028-29 for inventory-tracldng system costs, and $480,000 annually
beginning in fiscal year 2028-29 for the reimbursement program,
The bill would result in a revenue decrease to the General Fund of $7,000 in fiscal year 2026-27, $18,200 in fiscal
year 2027-28 and $17,700 in fiscal year 2028-29 from increased prices leading to a reduction in quantity sold in the
medical market with a partially offsetting increase in sales of adult use cannabis, The bill would also result in a
revenue increase to the Local Government Fund and the Adult Use Carmabis Public Health and Safety Fund totaling
$1,000 in fiscal year 2026-27, $3,200 in fiscal year 2027-28 and $3,700 in fiscal year 2028-29,
LR0854(02) - Fiscal Note - Page 1 of 2
CA"CM4S)
The inventory tracking system estimate is based on recent RFPs and procurement costs for a similar system in the
adult use program, adjusted for the larger number of medical registrants. The estimate assumes a 12- to 18-month
procurement process, with partial-year implementation in fiscal year 2027-28 and full-year costs thereafter. Actual
costs may vary depending on the results of the competitive procurement process.
The reimbursement program requires the Office to reimburse registrants with annual gross revenue of less than
$125,000 for mandatory testing costs that exceed 10% of gross revenue, up to $100 per batch. Based on available data
and assumptions regarding testing frequency and the number of qualifying registrants, annual reimbursement costs are
estimated to be approximately $480,000, This estimate reflects a subset of registrants expected to meet the statutory
eligibility criteria and is subject to variability based on individual business operations and actual testing practices. The
estimate assumes that program administration, including verification of reimbursement eligibility and oversight of
testing compliance, would be accommodated within existing staffing levels,
LR0854(02) - Fiscal Note - Page 2 of 2