An Act to Prevent the
Maine Legislature, Session 132, LD 1609
Committee Amendment CA_A_H874 (House)
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

COMMITTEE AMENDMENT "^\" to H.P. 1063, L.D. 1609, "An Act to Prevent the
Participation of Individuals and Companies Linked to Federally Recognized Criminal
Organizations in the Medical and Adult Use Cannabis Programs"
Amend the bill by striking out the title and substituting the following:
'An Act Regarding Background Checks for Medical Cannabis Providers'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 22 MRSA §2421-A, sub-§16, ^B, as enacted by PL 2023,c. 679, Ft. A,
§3, is amended to read:
B. If required by the office pursuant to this chapter, 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 ofcannabis if that "use is consistent
with the facility's policy and is pursuant to subsection 1, paragraph F-l, 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 histor/ record check
pursuant to section 2425-B and may not have been convicted of a disqualifying dmg
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Sec. 3. 22 MRSA §2423-A, sub-§10, ^[A, as repealed and replaced by PL 2019, c.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 amended to read:
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COMMCTTEE AMENDMENT <1V" to H.P. 1063, L.D. 1609
"A"
A, A cannabis testing facility that meets the requirements of this subsection and any
mles 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 manufacturmg 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 dmg offense. The department shall conduct a criminal history record
check pursuant to section 2425-B of each person, officer or director or assistant subj ect
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
2 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 dmg
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,
Tho criminal history record check requested under this subsection must include criminal
history record information obtainod from the Muino Criminal Justice Infomiation System
established in Title 16, section 631 and the Federal Bureau oflavestigation. The following
provisions apply.
A. Tho criminal history record mformution obtumod from the Maino Crimmal Justice
Information System must include a record of public criminal history record information
as defined in Title 16, section 703, subsection 8.
Page2-132LR1925(02)
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT "^\." to H.P, 1063, L.D. 1609
'"A" i
ft—The criminal history rooord mformution obtainod fi'om the Fodoral Buroau 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 fingorprintQ talcen. Tho State Polioo, upon payment of tho foo, shull talco or
cause to be taken the person's fingorprints and shall forward the fmgerprints to the State
Bureau of Identification so that the buroau can conduct state and national criminal
history rooord ohocks. Except for the portion of tho puymont, if any, that oonatituteo
the processing fee charged by the Federal Bureau of Investigation, all money received
by the State Police for purposea of this paragraph must be paid over to the Treasurer of
State. The money must bo applied to the expenses of administration incurred by the
Dopartmont of Public Safety.
D. The subject of a Federal Bureau of Investigation criminal history record check may
obtain a copy of the oriminal history record check by following the procedures outlinod
in 28 Code of Federal Regulationo, Sootions 16.32 and 16.33. The smbjeot of u state
oriminul history record oheclc 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 aooordanoe with this chapter.
F. Information obtained purouont to thio subsootion is oonfidontiul. The results of
criminal history record oheoks reooived by the department are for official UQQ only and
may not be disseminated to any other person.
G. If a person is no longer subject to this ohuptor that peraon may request in writing
that the State Bureau of Identification remove the person'o fingerprints from the
bureau's fingerprint file, Li response to a written request, tho bureau shall remove the
person's fmgerprints from the fmgorprint 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 implomont this aubseotion. Rules adopted pwguant to
this subsection are routine technical rules as defined in Tide 5, chapter 375, subchapter
2 A, except that, beginning July 1,2021, rules adopted pursuant to this subsection are major
substantive rules us defined in Title 5, chapter 375, subohapter 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 crimmal history record check pursuant to section 2425-B
for each officer or director of the applicant for a reeistration certificate. The department
may not issue a reaistration certificate to an applicant if any officer or director of the
applicant has been convicted of a disaualifvine dma offense .
An application must include. as applicable:
A. The annual fee required pursuant to subsection 10;
COMMITTEE AMENDMENT
,0*' COMMITTEE AMENDMENT "^," to H.P. 1063, L.D. 1609
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 offhe 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:
82425-B. Criminal history record check
The department shall request a criminal history record check for each aoolicant for an
initial reeistrv identification card and reeistration certificate as reauired under this chaoter
and for each registrant or reeistrant aeent. except that an assistant is not required to submit
toAcrmunal history record check, and every 2 years thereafter, unless a different ueriod is
specified in this chapter. If the applicant or registrant is a business entity, every officer or
director of the business entity is required to submit to a crimmal histcn-v record check in
accordance with this section. If the aoolicant or registrant is a lone-tenn care facility under
section^423-A, subsectionA, any staffjierson of the facility who will be assisting a
aualifvine 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
as definedin Title 16, section 703, subsection 3 and obtained ftom the Maine Criminal
Justice Infonnation System established in Title 16. section 631 and the United States
Department of Justice. Federal Bureau of Invesdeation.
1. Record of public criminal history record 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 mformation
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
infonnation.
3. Fineerprintine. A person required to submit to a criminal history record check
under this section shall submit to having fineerprints taken. The Department of Public
Safety. Bureau of 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 section. Except for the portion of a payment, if any. that
constitutes the processing fee for a criminal history record check charged by the Federal
8 Bureau oflnvestieation. all money received by the Department of Public Safety. Bureau of
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 section mav not be less
than $31 or more than $60. The fee must be paid by the applicant, registrant or registrant
aeent. except that if the applicant, registrant or registrant aeent is a business entity. the fee
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "A." to H.P. 1063, L.D. 1609
must be paid by the business entity for anv officer or director required to submit to a
criminal history record check under this section..
5. Availability of criminal history record information. The subject of a Federal
Bureau of Investieation criminal history record check oursuant to this section mav obtain
a copy of the criminal history record check bv followme the procedures outlined in 28 Code
of Federal Reeulations. Sections 16.32 and 16.33. The subject of a state criminal history
record check pursuant to this section may inspect and review the criminal history record
information pursuantto Title 16, sec^on 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 reeista-v identification card or reRJstration certificate.
a registrant or a registrant aeent under this chapter.
7. Confidentiality. All criminal history record information obtained by the
department pursuant to tfus^ectionis^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 mles to implement this
section. Rules adopted pursuant to this subsection are major substantive rules as defined in
Title 5. chapter 375. subchaoter 2-A.
Sec. 10. 25 MRSA §1542-A, sub-§l, ^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
2/125 A, oubaootion 3 A 2425^.
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, aubaoction 3 A
2425-B.'
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 requires
anyone applying for or renewing a registry identification card or registration certificate
under the Maine Medical Use of Cannabis Act, except for assistants, 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 of the business entity is
also required to submit to a criminal history record check.
FISCAL NOTE REQUIRED
(See attached)
Page5-132LR1925(02)
COMMITTEE AMENDMENT
Approved; 03/17/26
I^Rt.
LD 1609 LR 1925(02)
An Act to Prevent the Participation of Individuals and Companies Linked to Federally Recognized
Criminal Organizations in the Medical and Adult Use Cannabis Programs
Fiscal Note for Bill as Amended by Committee Amendment 'J
Committee: Veterans and Legal Affairs
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Department of Public Safety or to the Office of Cannabis Policy within the Department of
Administrative and Financial Services from the provisions of this bill are expected to be minor and can be absorbed
within existing budgeted resources. Additionally, any increase in revenue to the Department of Public Safety from the
provisions of this bill are expected to be minor.
TTl1mC('m\ T?.'n^^l-Mn+a Dnrral ^4'1