An Act to Institute
Maine Legislature, Session 132, LD 1847
Committee Amendment CA_B_H1044 (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 §2430-Q, 22 MRSA §243, 28-B MRSA §102-A, 28-B MRSA §602, 28-B MRSA §1101, 36 MRSA §4921, 36 MRSA §4923

COMMITTEE AMENDMENT " P" to H.P. 1231, L.D. 1847, "An Act to Institute
Testing and Tracking of Medical Use Cannabis and Caimabis Products Similar to Adult
Use Carmabis and Cannabis Products, Dedicate a Portion of the Adult Use Caimabis Sales
and Excise Tax to Medical Use Cannabis Programs and Create a Study Group"
Amend the bill by striking out the title and substituting the following:
'An Act to Establish Testmg and Tracking of Medical Use Cannabis, to Institute an
Audit Testing Program in the Maine IVIedical Use of Cannabis Act, to Amend the
Excise Tax Provisions for Adult Use Cannabis for Cannabis Pre-rolls 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 suedfic quantity of carmabis flower, cannabis trun.
carmabis concentrate or cannabis products harvested or manufactured at the same time
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. Canaabis flower. "Cannabis flower" means the nistillate reproductive oreans of
a mature carmabis plant, whether processed or unprocessed. including the flowers and buds
of the plant. "Cannabis flower" does not include cannabis trim or whole mature cannabis
plants or fhe Hower ofhemB as defined in Title 7. section 223 1. subsection 1 -A. oaraeraph
n
Sec. A-3. 22 MRSA §2421-A, sub-§6-A is enacted to read:
6-A. Caanabis nre-roll. "Cannabis pre-roll" means cannabis flower, cannabis trim
or a combination of cannabis flower and carmabis trun that is rolled in rollme oaoers.
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cigarette oaoers or wraps. with or without a cardboard filter, and intended for smokine. A
cannabis pre-rcll may bejafused with cannabis concentrate.
Sec. A-4. 22 MRSA §2421-A, sub-§8, as enacted by PL 2023,c. 679, Pt. A, §3,is
repealed and the following enacted in its place:
8. Cannabis testine facility. "Cannabis testing facilitv" means a facility reeistered m
accordance with section 2425-A or a facility licensed under Title 28-B. chapter 1 to operate
a testing facility.
Sec. A-5. 22 MRSA §2421-A, sub-§9-A is enacted to read:
9-A. Cannabis trim. "Carmabis trim^means any_part of a cannabis plant. whether
processed or unprocessed. that is not cannabis flower or a caanabis seed. except that
"cannabis trim" does not include the staUcs or roots of the carmabis plant. "Cannabis trim"
does not include any part of a hemp Dlari,t_asdefined in Title 7, section 2231. subsection
1 -A. oaraeraoh D.
Sec. A-6. 22 MRSA §2421-A, sub-§16-A is enacted to read:
16-A. Contaminant. Contaminant means anv unwanted or undesirable element
present in harvested cannabis at levels that result in impuritv of the harvested cannabis.
"Contaminant" includes, but is not limited to. pesticides. heavy metals and residual
chemical solvents.
Sec. A-7. 22 MRSA §2421-A, sub-§20-A is enacted to read:
20-A. Fresh frozen cannabis. "Fresh frozen cannabis" means cannabis flower and
carmabis trim. whether processed or unprocessed. that is frozen after harvestfor the ourDose
of extraction. "Fresh frozen cannabis" does not include any part of a hemp plant as defined
in Title 7. section 2231. subsection 1 -A. oaraerauh D.
Sec. A-8. 22 MRSA §2421-A, sub-§27-A is enacted to read:
27-A. Matruc. "Matrix" means. as applicable to the testing of harvested carmabis. the
form in which harvested cannabis exists at the time it is subject to mandatory testine in
accordance with this chapter. "Matrix" iacludes the foUgwmg categories of harvested
camiabis:
A. Camiabis flower, cannabis trim. fresh fi'ozen cannabis and cannabis ore-rolls:
B. Cannabis concentrate, including concentrates extracted using solvents, as well as
solventless extraction methods: and
C. Cannabis product.
Sec. A-9. 22 MRSA §2421-A, sub-§45-A is enacted to read:
45-A. Remediation. "Remediation" means the orocess by wUcha registrant mitigates
or otherwise removes a contaminant from a batch. "Remediation" includes without
limitation the application of heat. radiation or ozone: solvent extraction: or further drying
and curme. "Remediation" doesnot mclude the dilution of contaminants through the
8 addition ofuncontaminated material to batches that are contaminated.
Sec. A-10. 22 MRSA §2421-A, sub-§51-A is enacted to read:
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51-A. Testing or test. "Testme" or "test" means the_analYsis of harvested cannabis or
other substances for contamumts, safety or potency. "Testing" or "test" includes the
collection of samples of harvested cannabis for testingmirposes but does not include
cultivation or manufacturine,
Sec. A-ll. 22 MRSA §2421-A, sub-§51-B is enacted to read:
51-B. THC. "THC" means tetrahvdrocaimabmol.
Sec. A-12. 22 MRSA §2423-A, sub-§10, as amended by PL 2025, c. 390, Pt. A,
§38 and c. 611, §3, is repealed.
Sec. A-13. 22 MRSA §2423-A, sub-§12, as repealed and replaced by PL 2019, c.
331, §15 and amended by PL 2021,c, 669,§5, is repealed.
Sec. A-14. 22 MRSA §2423-F, sub-§12, as amended by PL 2023, c. 679, Pt. A,
§8, is further amended to read:
12. Record keeping. A registered manufacturing facility or person authorized to
engage in carmabis extraction using inherently hazardous substances under subsection 3
shall maintain records of all transaotions in accordance with section 3AW-S- 2430-0.
Sec.A-15. 22 MRSA §2423-G is enacted to read:
S2423-G. Testing proeram established
The office shall establish a testing program for harvested carmabis.
1. TestinEE required. Except as otherwise provided in this chapter. the testine uroeram
must require a disoensarv. a careeiver or an assistant of a caregiver. prior to selling,
distributine or transferrine harvested cannabis to a aualifvine patient or to an mdividual on
behalf of a aualifvine patient, to submit the harvested caimabis to a cannabis testine facility
for testing to ensure that the harvested cannabis does not exceed the maximum level of
allowable contammation for any contaminant thatjsjniurious to health and for which
testing is required and to ensure accurate labeline.
2. Rules. The office shall adopt mles establishm& a testing program pursuant to this
section, including, but not limited to:
A. A preliminary testing limit for total yeast and mold contamination of 100.000
colony-formme units per gram and a provision that harvested ca-nnabis that tests above
the oreliminarv testing limit for total veast and mold contamination does not fail but
must undergo additional testing for the mvcotoxin produced by pemcillm and for
Aspereillus spp,;
B. A reauirementthat if harvested cannabis tests uositive for the mvcotoxin produced
by oenicillm. it must be labeled with the followine messaee; "This product may
5 contain the mvcotoxin produced by oemcillm and may. therefore, be harmful to neoBle
6 who are allereic to or have sensitivities to the mvcotoxm oroduced by penicillm."; and
C. A requirement that if harvested cannabis tests positive for Aspereillus spp.. it must
be labeled with the following messaee: "This product may contain Aspereillus SDT).
and may be harmful to immunocompromised people.
Rules adopted pursuant to this subsection are major substantive mles as defined m Title 5.
chapter 3 75. subchanter 2-A.
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Sec.A-16. 22 MRSA §2423-H is enacted to read:
82423-H. Cannabis testine facilities; requirements
1. Facility requirements. The following requirements are applicable to the operation
of a carmabis testing facility registered in accordance with this_chai3ter regardmg mandatorv
testing and other testine of harvested cannabis.
A. A testing facility fhat islicensedjiursuant to Title 28-B. chapter 1 to test carmabis
and cannabis products for harmful contaminants and caim.abmoid profiles may^be
issued a registration certificate to operate a cannabis testine facility under this chapter.
as lone as the licensed testine facility is in eood standins with the office and the request
for a registration certificate is submitted on fprmsjsrovMed by the office. There is no
fee for a reeistration certificate issued to a testing facility licensed under Title 28-B.
chapter 1. All employees of the cannabis testine facility that conduct mandatory and
other testing on harvested cannabis shall obtain from the office a regisfry identificatioa
card in accordance with sectiQn 2425-A.
B. A person that is not licensed under Title 28-B.chat)terl to operate a testing facility
may apply for a registration certificate to operate a cannabis testing facility under this
(Aapterjn_accordance_withjhe^rc of_section 2425-A. The office mavnot
issue a registration certificate to a person pursuant to this oaraeraoh and section 2425-A
unless the aoolicant also demonstrates that
CD The aoulicant has obtained accreditation pursuant to standard ISO/DBC 17025
of the International Oreardzation for Standardization by a Srd-uartv accreditme
body for all fields of mandatory testing, in all matrices. reauired under this chaDter;
C2t The aoolicant has obtained certification by the Maine Center for Disease
Control and Prevention in accordance with section 569 for all fields of mandatory
testme. in all matrices. required under this chapter;
(3} The amlicant and. if the aoulicant is a business entity, anyone with a financial
or other interest in the aoolicant is not a careeiver. a registered careaiver or an
officer or director of a registered disoensarv or manufacturine facility; and
(4) The applicant has obtained local authorization in accordance with section
2429-D from the municipality where the camiabis testing facility will be located.
C. For the purposes of administerine tests pursuant to this chapter, a registered
cannabis testing facility is authorized to:
fl) Accept and possess samples of harvested carmabis for mandatory testing from
reeistrants;
(2) Accept and possess samples of harvested cannabis for other testing from
registrants, aualifvine uatients and members of the public;
(3') Test samules of harvested cannabis for mandatory and other testine and reoort
the results of such testing to the registrant. aualifvinR patient or member of the
public that submitted the samples for testing;
C4') Report the results of any mandatory and other testine conducted pursuant to
this chapter to the office;
Page4-132LR0854(03)
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(5) Test samples of harvested cannabis that are submitted for retesting after a failf
mandatory test and report the results ofretestine to the registrant aualifying_E)atient
or member of the public that submitted the samplesfor retesting and to the office;
and
(6') Hire any number of cardholders necessary to conduct analyses in accordance
with this chapter.
2. Rules. The office may adopt mles reeardine fhe reeistration. certification.
accreditation and operation of cannabis testing facilities authorized under this chauter.
includme. but not limited to. rules establishing acceptable testing oractices for cannabis
testing facilities, including, but not limited to. provisions relating to testing practices.
methods and standards; remediation and retestine procedures; quality control analysis:
equipment certification and calibration: chemical identification; cannabis testmg facility
record-keepine. documentation and business practices: disposal of used. unused and waste
harvested carmabis; and reporting of test results. Rules adopted uursuant to this subsection
are major substantive rules as defined m Title 5. chapter 375, subchapter 2-A.
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 24 23 A, subsection 1 0 2423-H,
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 diopensary
or a caregiver 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 qualifying patient pursuant to section
2423-A, subsection 1, paragraph F-l, subparagraph (2) and a dispensary or a carmabis
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 cerdficate; 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 crimmal history record check pursuant to section
2425-B for each officer or director of the applicant for a registration certificate. The
doparbnent office may not issue a registration certificate to an applicant if any officer or
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;
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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 applicanfcl
D. For auolicants for a disoensarv registration certificate, plans for compliance with
the requirements of section 242 8: and
E. For apolicants for a cannabis testine facility reeistration certificate, demonstration
that the applicant is in compliance with the requirements of section 2423 -H.
Sec. A-20. 22 MRSA §2428, sub-§6, ^F, as amended by PL 2023, c. 365, §10, is
further amended to read:
F. The operating documents of a dispensary must include procedures for the oversight
of the dispensary and procedures to ensure accurate record keeping in accordance with
section 24SQ-S- 2430-0.
Sec. A-21. 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. If a registered caregiver, dispensaiy or manufacturmg facility affixes a
label on the packaging of any harvested carmabis provided to a qualifying patient and that
label includes information about contaminants, the camiabmoid profile or potency of the
harvested carmabis, fhe label must be verified by a caruiabis testing facility. This subsection
does not apply if there is no cannabis testing facility operating in accordance with section
2d23 A, ouboeotion 10 2423-H.
Sec. A-22. 22 MRSA §2429-C, sub-§l-A is enacted to read:
1-A. Cannabmoid potency. May have the amount or potency of cannabinoids
calculated using an allowable variance rate of 10%. except that the allowable variance may
not be less than 0.6 milligrams. In the calculation of the amount or potency ofcarmabinoids
allowed under this subsection. the allowable variance rate may be in addition to the
allowable variance rate applicable to a camiabis testing facility uursuant to section 2430-P.
subsection 6;
Sec. A-23. 22 MRSA §2430-1, sub-§l-A, ^[A, as enacted by PL 2023, c. 679, Ft.
A, §26, is amended by enacting a new subparagraph (4-A) to read:
f4-A) Intentionally or kaowinelv failing to conduct a recall of harvested cannabis
or caimabis products when required to do so by the office:
Sec. A-24. 22 MRSA §2430-1, sub-§l-A, ^[A, as enacted by PL 2023, c. 679, Pt.
A, §26, is amended by amending subparagraph (6) to read:
(6) Other intentional or knowing egregious conduct that imminently threatens
public health and safety or conduct that shows a willful or reckless disregard for
public health and safety that poses an imminent risk to public health and safety^
mcludine failitie audit testing under section 2430-S. subsection 6. paraeraoh C,
Sec. A-25. 22 MRSA §2430-1, sub-§l-A, ^B, as enacted by PL 2023, c. 679, Pt.
A, §26, is amended by enacting a new subparagraph (9-A) to read:
(9-A) Failing an audit test under section 2430-S, subsection 6, oaraaraph B;
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Sec. A-26. 22 MRSA §2430-1, sub-§l-A, ^[C, as enacted by PL 2023, c. 679, Pt.
A, §26, is amended by enacting a new subparagraph (3-A) to read:
(3-A} Failing an audit test under section 2430-S. subsection 6. oaraeraoh A;
Sec. A-27. 22 MRSA §2430-J, as enacted by PL 2023,c. 365,§21, is repealed.
Sec.A-28. 22 MRSA §2430-0 is enacted to read:
§2430-0. Records: inventory trackine; labels
A registrant shall submit to the office, through an^lectronicinventory trackmg system
administered by the office. the records required pursuant to this chapter. The office may
not require records submitted throueh the electronic inventor/ trackine system to contain
information identifying qualifying patients or their medical providers.
1. Required records; eeneral. A registrant shall:
A. Keeo a record of all transfers of cannabis olants and harvested cannabis:
B, Keep a record of each unique batch number assigned to each batch of harvested
cannabis. includine batches of harvested cannabis made throueh the combmation of
multinle batches of harvested carmabis:
C. Keep records for a period of 2 years:
D. Make the records ker>t under this section available for inspection by the office upon
the office's request; and
E. Keep a record of recalled batches of harvested camiabis that were recalled due to
contamination. The reeistrant shall include in the registrant's records a standard
operating procedure for conducting a recall of batches of harvested cannabis
determined to be contaminated.
2. Required inventory tracldne information; reeistrants who cultivate. A
registrant who cultivates cannabis plants shall, within 14 days of plant material from a
mature cannabis plant beme processed into cannabis flower, carmabis trim or fresh frozen
cannabis. submit through the electronic mventory tracking system the followmg
information:
A. The registrant's registry identification number;
B, The harvest date for that batch of plant material;
C. The weiehts and batch numbers associated with carmabis flower from that batch of
plant material;
D, The weights and batch numbers associated with cannabis trim from that batch of
plant material:
E. The weights and batch numbers associated with fresh fi-ozen carmabis from that
5 batch of plant material;
F. The weiehts and batch numbers associated with anY^estroYed harvested cannabis;
G. The weiphts and batch numbers associated with any quarantined harvested
cannabis; and
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H. An affu-mation of whether the registrant conducts sales directly to aualifvme
patients.
3. Required inventory tracking information; registrants eneaeed in cannabis
extraction. A manufacturing facility eneaeed in cannabis extraction shall. within 14 days
of extracting cannabis concentrate fi-om harvested cannabis, submit through the electronic
inventorv trackine svstem the followine infonnation:
A. The registrant s registry identification number;
B. The registry identification number of fhe registrant from whom the harvested
cannabis orieinated:
C. The date of cannabis extraction;
D, The weights and batch numbers of the harvested cannabis being extracted prior to
cannabis extraction;
E, The weights and batch numbers associated with any destroyed harvested camiabis:
and
F. The weights and batch numbers associated with any quarantined harvested cannabis.
4. Required inventory trackine information; reeistrants manufacturine edible
cannabis products. A manufacturine facility manufacturing edible cannabis oroducts
shall, withm 14 days ofmanufacturine a batch of edible cannabis products, submit fhroueh
the electronic mventorv tracking system the following information:
A. The registrant's reeistrv identification number:
B. The registry identification number of the registrant or registrants from whom the
harvested caimabis used in the manufacture of the batch of edible cannabis products
originated;
C. The date of manufacture:
D. The weights and batch numbers of any harvested carmabis used in the manufacture
of the batch of edible cannabis products;
E. The weights and batch numbers of any destroyed harvested cannabis; and
F, The weights and batch numbers of any quarantined harvested carmabis.
5. Required inventory trackine information; wholesale transfers. Registrants who
receive wholesale transfers of cannabis plants or harvested carmabis shall. within 14 days
of the wholesale transfer. submit through the electronic inventory trackine system the
followme infomiation:
A. The rejastry identification numbers for both the registrant transferring the cannabis
plants or harvested cannabis and the reeistrant receivme the cannabis plants or
harvested cannabis;
B, The date of transfer:
C. The weights and batch numbers associated with cannabis flower received;
D. The weights and batch numbers associated with cannabis trim received:
E. The weights and batch numbers associated with fresh frozen caimabis received:
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P. The weights and batch numbers associated with caimabis concentrate received;
G. The weights and batch numbers of any destroyed cannabis plants or harvested
cannabis; and
H, The weightsand batch numbers of any Quarantined cannabis plants or harvested
cannabis.
6. Required label. A registrant shall accompany all cannabis plants or harvested
canuabis being transported pursuant to this chapter with a label that mcludes:
A. The person transferring the cannabis plants or harvested cannabis. includme the
oerson s reeistrv identification number:
B^ T^^^ or harvested cannabis, mcludmR the
person's registry identification number or. if the person is not required to register under
this chapter, a uniaue identifier assigned to the uerson:
C, A description of the cannabis plants or haryested carttiabis bemg tr^^
includine the amount and form:
D, Thejime and date of theJransfer; and
E. The destination of the cannabis olants or harvested cannabis,
The department may adopt rules to implement this subsection. Rules adopted pursuant to
this subsection are major substantive mles as defmed in Title 5. chapter 375. subchapter
2-A.
Sec.A-29. 22 MRSA §2430-P is enacted to read:
S2430-P. Mandatory testine
Except as provided in section 2430-S. a registered careeiver. disoensar¥_or
manufacturine facility mav not sell. distribute or transfer harvested cannabis to a aualifvme
patient or to an individual on behalf of a qualifymg patient unless the harvested carmahis
has been tested pursuant to this chapter and that testing demonstrates thaUhe .harvested
cannabis does not exceed the maximum level of allowable contammation for any
contaminant for which testing is required, as aunlicable. based upon the matrix in which
the harvested cannabis is intended to be used by a qualifying patient.
The office may temporarily waive mandatory testine requirements under this section
for anv contaminant or factor for which the office has determined that there exists no
cannabis testing facility m the State capable of and authorized to perform such testing.
1. Scope of mandatory testine eenerallv. Mandatory testine of harvested cannabis
under this section must include, but is not limited to. testing for:
A. Residual solvents, poisons and toxins;
B. Metals:
C. Dangerous molds, includine. but not limited to. Asoereillus sop. and mvcotoxms
uroduced by penicillm. as applicable:
D. Pesticides: and
E. THC potency and homoeeneitv.
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2, Scope of mandatory testine for cannabis flower and cannabis trim. Cannabis
flower and cannabis trim. including cannabis pre-rolls and cannabis flower or caimabis trim
that hasbeen mixed with cannabis concentrate, must be tested for:
A. Metals:
B, Dangerous molds, including. but not limited to. Asuergillus spn^and mycQtoxins
m'oduced by uenicillin. as aoplicable: and
C. Pesticides.
3. Scope of mandatory testine for cannabis concentrate extracted usin^jiolvents
other than water. Cannabis concentrate that has been extracted using solvents other than
water must be tested for:
A. Residual solvents, poisons and toxins;
B. Metals;
C. Dangerous molds, includmg. but not limited to. Aspereillus spp. and mvcotoxins
produced by oemcillm. as auulicable: and
D. pesticides,
4. Scope of mandatory testine for cannabis concentrate extracted without use of
solvents other than water. Cannabis concentrate that has been extracted without the use
of solvents other than water must bejested for:
A. Metals:
B, Dangerous molds, includine. but not limited to. Aspereillus sop. and mvcotoxms
produced by Demcillm. as applicable; and
C. Pesticides.
5. Scope of mandatory testme for edible cannabis products. Edible cannabis
products must be tested for:
A. Residual solvents, poisons and toxins;
B. Metals:
C. Dangerous molds, including, but not lunited to. Aspergillus spp. and mvcotoxins
produced by oenicillin. as aoulicable:
D. Pesticides: and
E, THC uotency and homoeeneitv.
6. Samole collection, testine processes» protocols and standards. The office mav
establishjyyrule processes. Drotocols and standards for the collection of samBles for
mandatory testing and for the mandatory and other testing ofjiarvestedcannabisthat
conform with the best practices eenerallv used to sample the aooUcable matrices and test
for the presence or absence of the contaminants identified_in this_section based upon the
6 matrix of the harvested carmabis tested. Rules adopted pursuant to this subsection must
allow a variance rate of 5% for cannabis testing facilities for determmine the amount or
tiotencv of THC or other caimabinoids in edible caimabis products in addition to the
variance rate provided in section 2429-C. subsection 1-A. Rules adopted Dursuaatto this
subsection are major substantive rules as defined in Title 5. chapter 375. subchaBter 2-A.
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7. Exemotion from mandatory testine. Harvested carmabis cultivated bv a
registered careeiver who meets the followina criteria is exempt from the mandatory testiue
requirements in this section:
A. There are no other registered careeivers with a cultivation area on the property
where the registered caregiver's cultivation area is located with the exceptiQn of one
family member: and
B. The registered careriver. or the reeistered careeiver's family member who cultivates
on the DroBertY_where the^^^^ rc cultivation area is located, as
applicable, does not engage m retail sales at a retail store or office that is not located at
the orimarv residence of the registered careeiver.
A registered care^iverexemplfroinmandato&^^ this section is still subject to
the audit testing oroeram under section 2430-S.
Harvested cannabis that is exempt from testtng pursuant to this section must include the
followine wamine statement: "NOT SUBJECT TO MANDATORY TESTING." The
warnine statement must aouear on the front or the most orominentlv disolaved side of anv
marketine layer, must appear in bold and must be no smaller than 12-oomt font or 1/12
inch, The office shall adoptrules for certifying that a registered careeiver meets the criteria
in this subsection. Rules adopted pursuant to this subsection are major substantive rules as
defined in Title 5. chapter 375. subchapter 2-A.
Sec.A-30. 22 MRSA §2430-Q is enacted to read:
§2430-0. Notification reauirements
1. Notification of testine results required. If the results of a mandatory test
conducted pursuant to section 243 0-P indicate that the harvested cannabis exceeds the
maximum level of allowable contamination for any contammant that is iniurious to health
and for whichtestinp is recmiredL the cannabis testmg facility shall immediately nodfy the
office and the reeistered caregiver^disDensarv or manufacturine facility that submitted the
samples for mandatory testing of the failed test. If a registered careeiver. dispensarv or
manufacturmg facility successMlv_undertakes remediation and retesting of harvested
carmabis. the cannabis testine facility shall notify the office of the subsequent passed
mandatory testing.
2, Notification of testine results not required. A canaabis testing facility is not
reauired to notify the office of the results of any test conducted on:
A. Harvested carmabjs at the direction of a registered careeiver. disoensarv or
manufacturing facility pursuant to section 2430-P that demonstrates that the harvested
caunabis does not exceed the maximum^ level of allowable contamination for any
contaminant that is injurious to health and for which testine is required:
B. Harvested cannabisaLA^ direction of a registered careeiver. dispensarv or
manufacturine facility for research and development purposes only. as lone as the
registered careeiver. dispensarv or maQufacturuig facility notifies the carmabis testing
facility prior to the performance of the test that the testine is for research and
development purposes only;
C. Harvested cannabis at the directiQn of a person who is not a registered caregiver,
dispensary or manufacturing facility; or
COMMITTEE AMENDMENT
COMMnTEE AMENDMENT" L<"toH.P. 1231, L.D. 1847
D. A substance that is not harvested cannabis.
Sec.A-31. 22 MRSA§2430-R is enacted to read;
S2430-R. Sample collection for testing
1. Sample collectine rules. A reeistered careaiver, an assistant of a registered
careeiver. a disoensarv. a manufacturitie facilitv. a sanrole collector licensed pursuant to
Title 28-B. chapter 1 or an employee of a sample collector or cannabis testine facility may
collect samples of harvested caimabis for mandatory testing. The office may adopt mles
regarding the collection of samples of harvested cannabis for mandatory testine by a
registered careeiver. an assistant of a registered careeiver. a dispensarv. a manufacturing
facility, a sample collector licensed pursuant to Title 28-B, chapter 1 or an employee of a
sample collector or caunabis testine facility, which may include, but are not limited to:
A. Establishment of sample collectine processes, urotocols and standards, whichmust
be complied with by any oerson collectme samples of harvested cannabis for
mandatorv testing uurooses;
B^ Requirements for a registered caregiver, an. assistant of a registered careeiver._a
disoensarv.or a manufactunn^ facility tojiemon^ateA^ samole collectQr's samole
collecting practices comolv with uaraeTaoh A:
C. Provisions authorizing the office to conduct audits of harvested carmabis that was
tested using samples collected by a registered caregiver. an assistant of a registered
careeiver. a disoensarv or a manufacturme facilitv oursuant to this section, with all
costs of the audits to be paid for by fhe office;
D. Provisions authorizing the office to take samules of harvested carmabis from a
registrant, including from a retail location maintained by a reeistrant. for testme by a
cannabis testing facility to audit or verify mandatory test results issued by the cannabis
testing facility, with all costs of the testing to be paid for by the office;
E. Provisions authorizing the office to conduct interlaboratorv oroficiencv testine to
ensure cannabis testing facility compliance with testing prosram requirements and to
ensure the quality, consistency and reliability of mandatory testing conducted by
cannabis testing facilities authorized oursuant to this chapter;
F_,_ Requirements for the transportation. delivery and transfer of samples of harvested
cannabis collected bv a registered caregiver. an assistant of a registered careeiver. a
dispensary or a manufacturing facility to a carmabis testing facility, which must require
the in-person transfer of_the samples by the registered care^iver.^ of a
4 registered careeiver. the disuensary or the manufacturing facility to a cannabis testme
facility; and
G. A urohibition on the mtentional tampering with or interference in the mandatory
testmg process or auditing process, including failure of any audit conducted in
accordance with oaraeraoh C. bv a registered caresiver. an assistant of a registered
caregiver. a dispensary or a manufacturing facility, which, notwithstanding any
Brovision of this chapter to the contrary, may be treated by the office as constitutme a
violatiQn of oroBram requirements and as a basis for imposition of a penalty pursuant
to section 2430-1. subsection 2. as aoolicable.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "fZ "toH.P. 1231, L.D. 1847
T
2. Samples for investieation. This section may not be construed to limit the authority
of the office to take samples of harvested caanabis pursuant to an investigation by the office
into the conduct of a registrant or a registrant agent,
3. Rules. Rules adopted uursuant to this section are major substantive rules as defined
in Title 5. chapter 375, subchapter 2-A,
Sec.A-32. 22 MRSA §243 0-S is enacted to read:
82430-S. Audit testing proeram
The office shaU establish a nroeram for conductme audit tests of a registrant's harvested
cannabis for a registrant who is detennmed to be eUable^^ under this section.
1. Reg uest for audit testine proeram determination. A reeistrant who meets the
criteria under subsection 2 may submit to the office a request for a determmation of audit
testmg_Brogram eligibility, A reguesLfor a detennination of elieibilitv must contain the
results of the mandatory testing under section 2430-P pursuant to subsection 2.
2. Elieibilitv: mandatory testine results. A registrant is elieible for audit testing
under this section if the results of 3 consecutive tests under section 243 0-P of samples from
different batches of harvested carmabis demonstrate that the harvested cannabis in each of
the registrant's batches does not exceed the maximum level of allowable contamination for
any contaminant for which testing is reauired based upon the matrix of the harvested
caombis at the time ofmandator/ testing.
3. Office to determine eligibilih'. Upon receipt of the request for a determination of
audit testing program elieibilitv under subsection 1 and the results of mandatory testing
conducted pursuant to section 2430-P as required under subsection 2, the office shall
determine die registrant's elieibilitv for the audit testine proeram imder this section. The
office shdil notify the registra.nt m writinR of the office's determination within 14 days of
making the determination.
4. Exemption from mandatory testing: audit testine. Except as urovided in
subsection 5. a registrant determined to be eligible for the audit testing proeram under this
sectionis exempt from the reqmrements for mandatory testine under section 2430-P, A
registrant determined to be elifiible under subsection 3 shall oarticipate m the audit testine
proeram established pursuant to this section.
5.Audit test exceeds maximum allowable contamination level; notification;
refluirements. The office shall notify a reeistrant in the audit testine proeram. wifhin one
business day of the office receiving theresults^ o^^^^^^^^ audit test that demonstrates the
harvested, cannabis ina r^^ batch subject to audit testing under this section has
failed^ For the Durooses of this section, "failed" means that a sample tested firom a
registrants batch of harvested cannabis exceeds the maximum level of allowable
contamination for any contaminant for which testing is required under section 2430-P
based upon the matrix of the harvested cannabis at the time of testing. If the harvested
cannabis that failed testing originated from a registrant other than the registrant who failed
testing, that registrant must also be notified. Upon notification by the office under this
subsection, a registrant participatmg in the audit testing proaram must:
A. Resume mandatory testine under section 2430-P of the registrant's harvested
caimabis: and
COMMIUEE AMENDMENT
COMMTTTEE AMENDMENT "U" to H.P. 1231, L.D. 1847
B. Submit to additional audit testing uursuant to subsection 6.
6. Additional audit testine. A reaistrant notified by the office of a failed test under
this section mav be subiect to the followine reauirements.
A^JLIpon firstnotice of a failed test. the reeistrant:
fl) Must allow the office to conduct audit testine on up to 6 additional samples of
the registrant's harvested cannabis to be paid for by the registrant: and
(2) JVtay be subject_ to an administrative penalty for a minor registration violation
under section 2430-1. subsection 1-A. paraeraoh C.
B. If additional audit testing under paragraph A results in a failed test. the registrant:
d) Must allow the office to conduct audit testing on up to 6 additional samples of
the registrant's harvested cannabis to be paid for by the reristrant and
f2) May be subject to an administrative penalty for a major registration violation
under section 2430-1. subsection 1-A. uaraerauh B.
C. If additional audit testing under oaraeraoh B results in a failed test. the registrant:
d) May be reqmred by the office to conduct a recaU of harvested cannabis from
any batch of harvested cannabis that failed an audit test under this section:
(2) M.sv be subject to an administrative penalty for a major registration violation
affecting Dublic safety under section 2430-1. subsection 1-A. oaragraoh A: and
(3) May have the registrant's registration suspended or revoked tiursuant to section
2430-1. subsection 8 or 8-A, resBectivelY,
A registrant may voluntarily cease all transfers of harvested carmabis from the registrant to
other registrants and to auaU&mg natients. The registrant must notify the office that
transfers have ceased. If the registrant decides to resume transfers of harvested cannabis.
additional audit testine under this subsection must also resume.
A registrant may voluntarily surrender any harvested cannabis that has failed audit testing
under this section to the office for destruction pursuant to section 243 0-M. alfhoueh the
registrant is still subject to additional audit testing under this section.
7. Registrant allowedto retest failed batch. A reeistrant who has been notified of a
failed test uuder subsection 5 may have a sample from the same batch of harvested cannabis
that the samule that failed testing orieinated from retested within the same matrix by a
carmabis testing facility of the registrant's choosine and at the registrant's eKpense, A
sample retested under this subsection may not have been remediated prior to retestine. If
a sample under this subsection does not result in a failed test. the registrant is not subject
to the requirements under subsection 5. paraeranh A or B. A resistrant may conduct a
retest under this subsection only once for a batch, of harvested cannabis that failed testing
under ttds section.
8. Remediation; transfer or sale. A batch of harvested cannabis that failed audit
testing under this section and that has_been remediated and tested to ensure that the
9 harvested cannabis does not exceed the maximum level of allowable contamination for any
contaminant for which testing is required under section 243 0-P based upon the matrix of
the harvested cannabis followine remediation may be transferred or sold.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "U" to H.P, 1231, L.D. 1847
•1A"<
9. Resume audit testiae proeram Darticipation; elieibilitv. A reeistrant may be
eligible to resume particioation in the audit testing orogram under this section when the
additional audit testing under subsection 6 results in. no failed tests and the registrant
submits a request under subsection 1 and meets the criteria under subsection 2.
10. Registrant and reeistrant aeents: apDlicabiIitv. For the purposes of this section.
"registrant" means a reeistrant and any reeistrant aeent of the reaista-ant.
11. Rules. The office shall adopt mles to imolement this section. Rules adopted
pursuant to this subsection are major substantive mles as defined in Title 5, chapter 375,
subchapter 2-A.
PART B
Sec. B-l. 28-B MRSA §102-A, sub-§14-A is enacted to read:
14-A. Cannabis pre-roll. "Caimabis pre-roll" means cannabis flower, caimabis trim
or a combination of carmabis flower and cannabis trim that is rolled in rollme papers.
cigarette papers or wraps. with or without a cardboard filter, and intended for smokine. A
cannabis ore-roll may be infused with cannabis concentrate.
See. B-2. 28-B MRSA §102-A, sub-§40-A is enacted to read:
40-A. Matrk. "Matrix" means, as aonlicable tojhejestinfi of adult use carmabis or
adult use cannabis products, the form in which the adult use cannabis or adult use cannabis
product exists atthe time it is subiect to mandatory testine in accordance with this chaoter,
"Matrix" includes the followme categories of adult use cannabis and adult use cannabis
products:
A. Cannabis flower and cannabis tdm. including cannabis pre-rolls:
B. Cannabis concentrate, includine concentrates extracted usine 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 cannabis products and ofhor oubstanoos or a facility
registered in accordance with Title 22. chapter 558-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 carmabis or an adult use cannabis product
to a consumer under this chapter unless the cannabis or camiabis product has been tested
pursuant to this subchapter and the rules adopted pursuant to this subchapter and that
mandatory testing has demonstrated that the cannabis or cannabis 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 cannabis or caunabis product is further processed.
manufactured or combined to ensure that contaminants that are iniurious to health do not
contaminate other batches of casnabis or camabis product. All cannabis concentrates used
to ^manufacture carmabis products in accordance with this chapter must be tested in
COMMITTEE AMENDMENT
COMMmEE AMENDMENT'U" to H.P. 1231, L.D. 1847
accordance with subsections 1-C and 1-D prior to beinp used to manufacture a carmabis
nroduct or a camiabis pre-roll infased with c^ The office shall also
adopt mles establishing testing and maximum level parameters for SBeciation_testmR,
mcludine fhe ranee for allowme soeciation tests for flower and trim testing, which must be
setbased 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 cannabis and adult
use cannabis products under this section must include, but is not limited to, testing for:
A. Residual solvents, poisons and toxins;
B. Hartaful ohemioals Metals;
C. Dangerous yeasts; molds and mildew as opeoified in rules adopted by the office^
including, but not limited to. Aspereillus soo. and mvcotoxms. as aooUcable;
D. Harmful microbes, includmg, but not limited to, Escherichia coli and sahnonolla
Sahnonella;
E. Pesticides, fungicides and insecticides; ^id
F. THC potency, homogeneity and cannabmoid profiles to ensure correct labeling;.,.
and
G. Water activity, exceot for cannabis concentrate.
The office may temporarily waive mandatory testing requirements under this section for
any contaminant or factor for which the office has detennined that there exists no lioensod
testing facility in tho State oapablo of and oortifiod to perform such toatmg.
Sec. B-6. 28-B MRSA §602, sub-§l-B is enacted to read:
1-B. Scope of mandatory testine; cannabis flower and cannabis trim. Cannabis
flower and caimabis trim. including cannabis pre-rolls and cannabis flower or cannabis trim
that has been mixed with cannabis concentrate, must be tested for:
A. Metals:
B. Daneerous molds, includme. but not limited to. Asuereillus soo. and mvcotoxms.
as apulicable. Testins for mvcotoxins is mandatory if the batch fails mandatory testing
0 for dangerous molds and is subsequently retested;
C. Harmful microbes;
D. Pesticides, fungicides and insecticides:
E. Water activity: and
P. THC potency and cannabinoid profiles.
See. 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. Carmabis concentrate that has been extracted using solvents otlier than
8 .water must be tested for:
A. Residual sQlyentsjioisonsand toxins;
COMMITTEE AMENDMENT
COMMCTTEE AMENDMENT 'T2." to H.P. 1231, L.D. 1847
B. Metals:
C. Pesticides, fimfiicides and msecticides;
D. Mvcotoxins; and
E. THC Botencv, homoeeneitv and camiabmoid profiles.
Sec. B-8. 28-B MRSA §602, sub-§l-D is enacted to read:
1-D. Scope of mandatory testine; cannabis concentrate extracted without use of
solvents other than water. Cannabis concentrate that has been extracted without the use
of solvents other than water must be tested for:
A. Metals;
B. Dangerous molds, includine. but not Umited to. Aspereillus spn. and mvcotoxins.
as applicable. TestinR for mvcotoxins is mandatory if the batch fails mandatory testing
for dangerous molds and is subsequently retested;
C. Harmful microbes;
DJPesticides. funeicides and insecticides; and
E. THC potency, homogeneity and cannabinoid profiles.
Sec. B-9. 28-B MRSA §602, sub-§l-E is enacted to read:
1-E. Scope of mandatory testine; cannabis products. Carmabis woducts. includme
edible caimabis uroducts. must be tested for:
A. Daneerous molds. includinR. but not limited to. Aspereillus SOD. and mvcotoxins.
as applicable. Testing for mvcotpxms is mandatory if the batch fails mandatory testing
for dangerous molds and is subsequently retested;
B. Harmful microbes;
C, Water activity, except that edible cannabis products that are ureserved by
refdgeratioiLare not required to be tested for water activity: and
D. THC ootencv, homoeeneitv and carmabinoid orofiles.
Sec. B-10. 28-B MRSA §1101, sub-§2, ^B-l is enacted to read:
B -1, Money credited to the fund may be expended by the office to fund research on
the public health impacts of cannabis use. includme. but not limited to. carmabis use
by individuals under 2 1 years of aee,
PART C
Sec. C-l. 36 MRSA §4921, sub-§7-A is enacted to read:
7-A. Cannabis pre-roll. "Cannabis pre-roll" has the same meanms as m Title 28-B.
section 102-A. subsection 14-A.
Sec. C-2. 36 MRSA §4923, sub-§2-A is enacted to read:
2-A. Excise tax on cannabjs pre-roU. Beginnine January 1. 2027. a cultivation
facility licensee shall Bay anexcise tax pursuant to subsection 1 or 2 based upon the amount
oer oound or fraction thereof of cannabis flower or cannabis trim contained within a
cannabis ore-roll.
COMMITTEE AMENDMENT
COMMnTEE AMENDMENT "f?" to H.P. 1231,L.D. 1847
PART D
Sec. D-l. Test results to determine audit eligibility valid if completed
within 90 days prior to adoption of rules. A registrant may submit the results of any
testing completed within the 90 days prior to the final adoption of rules pursuant to this Act
and that include the results of testing as described in this legislation in the Maine Revised
Statutes, Title 22, section 243 0-P in order to determine eligibility for audit testing as
authorized in this legislation in Title 22, section 243 0-S.
Sec. D-2. Competitive biddmg process. The Department of Administrative and
Financial Services, Office of Cannabis Policy shall conduct competitive bidding and issue
a request for proposals in order to select a vendor to provide medical use caonabis inventory
tracking services as provided in the Maine Revised Statutes, Title 22, section 2430-0. The
office shall begin the competitive bidding process by August 1,2026.
Sec. D-3. Online trip tickets. By July 1,2027, the Department of Administrative
and Financial Services, Office of Carmabis Policy shall develop and implement an online
trip ticket for registrants to use when transporting cannabis plants and harvested carmabis.
Sec. D-4. Medical cannabis research grant program; rulemakiag. On or
before January 9, 2027, the Department of Administrative and Financial Services shall
provisionally adopt and submit for legislative review mles necessary to implement the
medical cannabis research grant program in accordance with the Maine Revised Statutes,
Title 22, section 2430, subsection 5. Rules adopted by the department pursuant to this
section are major substantive mles as defined in Title 5, chapter 375, subchapter 2-A.'
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.
Part A of the amendment makes the followmg changes to the Maine Medical Use of
Cannabis Act.
1. It defines the terms "batch," "cannabis flower," "canaabis pre-roll," "cannabis to-im,"
"contaminant," "fresh frozen camiabis," "matrix," "remediation," "testing" and "THC" and
0 repeals and replaces the definition of "cannabis testing facility."
2. It establishes a program for testing of harvested cannabis and provides for specific
mles related to the testing for yeasts and molds.
3. It replaces previous authorization for cannabis testing facilities with a provision
establishing a caanabis testing facility registration and establishes additional requirements
necessary to obtain a registration certificate to operate a caimabis testing facility.
4. It includes cannabis testing facilities in the standard application process for a
registration certificate.
5. It authorizes edible cannabis products sold or offered for sale in a retail transaction
to contain information on cannabinoid potency within an allowable variance rate.
6. It provides that intentionally or knowingly failing to conduct a recall of harvested
cannabis or cannabis products when ordered to do so by the Department of Administrative
Pagel8-132LR0854(03)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT" \/) to H.P. 1231, L.D. 1847
and Financial Services, Office of Camabis Policy is a maj or registration violation affecting
public safety.
7. It establishes registration violations for failure of audit testing.
8. It revises reporting and record-keepmg requirements to require records retention for
2 years instead of 4 years.
9. It requires certain registrants to report certain inventory tracking information at the
batch level to the office through an electronic inventory tracking system.
10, It requires the mandatory testing for harmful contaminants of harvested caimabis
provided to a qualifying patient by a registrant.
11. It exempts from mandatory testing harvested cannabis cultivated by a registered
caregiver whose cultivation area meets certain criteria and who does not engage in retail
sales at a retail store or office at a location that is not the registered caregiver's primary
residence.
12. It requires reporting of mandatory test results of failed tests to fhe office and to the
registrant that submitted samples to a canuabis testing facility for testing.
13. 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.
14. It directs the office to establish an audit testing program, which allows an eligible
registrant who has conducted 3 successful consecutive and separate mandatory tests of
different batches of the registrant's harvested carmabis and has requested to be in the audit
testing program to be exempt from the requirements of mandatory testing as long as that
registrant mamtains eligibility.
Part B of the amendment makes the followmg changes to the Cannabis Legalization
Act,
1, It adds definitions of "cannabis pre-roll" and "matrix."
2. It amends the definition of "testing facility" to include a registered carmabis testing
facility under the Maine Medical Use of Cannabis Act.
3. It identifies what tests for hannful contaminants are mandatory for adult use cannabis
0 and adult use cannabis products based upon the matrix of the cannabis or caimabis product
at the time it is subject to mandatory testing.
Part C of the amendment does the following,
1. It defines "cannabis pre-roU" 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 caimabis trim used in a cannabis
pre-roll.
8 Part D of the amendment does the following.
1. It provides that a registrant may, in order to determine eligibility for audit testing,
submit the results of any testing completed wiftiin the 90 days prior to the final adoption of
COMMITTEE AMENDMENT
COMMHTEE AMENDMENT"//" to H.P. 1231,L.D. 1847
mles pursuant to this legislation that include the results of testing that meets the
requirements of mandatory testing.
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 to develop and implement, by July 1, 2027, an online trip ticket
for registrants to use when transporting cannabis plants and harvested cannabis.
4. It directs the office to provisionaUy adopt and submit for legislative review, on or
before January 9, 2027, mles necessary to implement the medical carmabis research grant
program.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised: 04/09/26 t^KL
LD 1847 LR 854(03)
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
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund
Appropriations/AlIocations
Other Special Revenue Funds
$0
$0
$14,100
$18,500
$17,800
$0 $5,279,988 $5,546,988
ftvenue
General Fund $0 ($14,100) ($18,500) ($17,800)
Other Special Revenue Funds $0 $2,100 $3,500 $3,800
Fiscal Detail and Notes
This bill establishes mandatory testing and audit testing programs for the medical use of cannabis, an electronic
inventory tracking system and a data management system and makes associated changes to record-keeping, labeling
and regulatory requirements for registrants and cannabis testing facilities, including changes to the excise tax
treatment of certain cannabis products. This estimate is based on an implementation model in which audit testing
would be conducted on a recurring basis across a substantial portion of registrants and would require centralized
sample collection, analysis and ongoing compliance monitoring activities supported by dedicated field, supervisory
and analytical staff,
The Office ofCannabis Policy (OCP) within the Department of Administrative and Financial Services has indicated
that implementation of the provisions of this bill would require additional resources to support testing oversight, audit
testing activities, data management, and program administration. OCP would require ongoing Other Special Revenue
Funds allocations of $3,369,874 beginning in fiscal year 2027-28 for 15 OCP Compliance Inspector positions, 3 Field
Investigator Supervisor positions, one Chemist II position, 5 Planning and Research Associate II positions, 2 Public
Service Coordinator I positions, one Public Relations Representative position, and associated position costs. The
staffing levels reflect assumptions regarding the scope and frequency of audit testing activities and assume that OCP
would be responsible for sample collection, coordination with testing facilities and evaluation of results.
OCP would also require ongoing Other Special Revenue Funds allocations for the development and maintenance of
data management capabilities to support audit testing, trip ticket reporting and compliance monitoring activities, as
well as ongoing allocations of $1,143,114 for audit testing costs based on the assumed frequency and scope of audit
testing activities.
LR0854(03) - Fiscal Note - Page 1 of 2
C'1$tH-
In addition, OCP would require Other Special Revenue Funds allocations of $267,000 beginning in fiscal year 2027-'
for costs associated with the procurement and implementation of an electronic inventory tracking system.
The use of additional Other Special Revenue Funds allocations from the Maine Medical Use ofCannabis Fund to
support the expenditires estimated in this bill would increase the rate at which the fund balance is drawn down, B
on current revenue levels and projected expenditures, the fund balance may be depleted more quickly than it is
replenished. This could require the identification of alternative funding sources in future biennia and may affect the
availability of the fund to support other statutorily authorized purposes, including ongoing program administration and
regulatory activities.
The bill would result in a revenue decrease to the General Fund of $14,100 in fiscal year 2026-27, $18,500 in fiscal
year 2027-28 and $17,800 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 Cannabis Public Health and Safety Fund totaling
$2,100 in fiscal year 2026-27, $3,500 in fiscal year 2027-28 and $3,800 in fiscal year 2028-29.
Implementation of the program is expected to occur over time due to rulemaldng and a 12- to 1 8-month procurement
process for the inventory-tracking system. As a result, costs in fiscal year 2026-27 are expected to be limited to initial
implementation activities. The costs described above represent the estunated resources necessary to support full
program implementation beginning in fiscal year 2027-28.
LR0854(03) - Fiscal Note - Page 2 of 2