An Act to Institute Testing and Tracking of Medical Use Cannabis and
Maine Legislature, Session 132, LD 1847
Committee Amendment CA_B_SA_A_S718 (Senate)
Amends: 22 MRSA §2423-F, 22 MRSA §2423-G, 22 MRSA §2425-A, 22 MRSA §2430-K, 22 MRSA §2430-P

SENATE AMENDMENT " .A " to COMMITTEE AMENDMENT <<B» to H.P. 1231,
L.D. 1847, "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"
Amend the amendment by striking out the substitute title and substituting the
following;
'An Act to Establish Testing and Tracking of Medical Use Cannabis and to Make
Other Changes to the Medical Use and Adult Use Cannabis Programs'
Amend the amendment in Part A by inserting after section 13 the following:
"See. A-14. 22 MRSA §2423-F, sub-§8, <|fA, as repealed and replaced by PL 2019,
c. 331, §17 and amended by PL 2021, c. 669,§5, is farther amended by enacting a new
first blocked paragraph to read:
The depai-tment may deny registration to an applicant if. durine an inspection of tliat
applicant pursuant to section 2430-K. the department finds evidence of a violation of
this chapter of rules adopted pursuant to this chapter.'
Amend the amendment in Part A by striking out all of sections 15 and 16 and inserting
the following:
'See. A-15. 22 MRSA §2423-G is enacted to read:
82423-G. Cannabis testine facilities: requirements
1, Facility requirements. The followine requirements are applicable to the operation
of a cannabis testine facility t'eeistered in accordance with this chapter reeardine inandatoi'v
testmfi and other testing of harvested cannabis,
A, A testui£^facilityjli9t is licensed pursuant to Title 28-B. chapter 1 to test cannabis
and cannabis products for harmful contaminants and cannabinoid orofiles may be
Issued a reeistration certificate to operate a cannabis testing facility under this chapter.
as lone as the licensed testine facility is in eooct standing with the office and the request
for areeistt'ation certificate is submitted on forms Di'ovided by the office. There is no
fee for a reeistration certificate issued to a testing facility licensed under Title 28-B.
SENATE AMENDMENT
SENATE AMENDMENT " ^ " to COMMITTEE AMENDMENT "B" to H.P. 1231, L,D. 1 847 ^-"It 8)
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 identification
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 cannabis 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 to this paragraph and section 2425^
unless the applicant also demonstrates that:
(1) The applicant has obtained accreditation pursuant to standard ISO/IEC 17025
of the International Oreanization for Standardization by a 3rd-party accrediting
body for all fields of mandatory testing, in all matrices, required under this chapter;
C2) The applicant has obtained certification bv the Maine Center for Disease
Control and Prevention in accordance with section 569 for all fields of mandatory
testine. in all matrices, required under this chaoter;
C3) The applicant and. if the applicant is a business entity, anYone with a financial
or other interest in the applicant is not a caregiver. a registered careeiver or an
officer or director of a registered dispensary or manufacturine facility: and
C4) The applicant has obtained local authorization in accordance with section
2429-D from the municipality where the cannabis testine facility will be locatecj,
C, For the purposes of administering tests pursuant to this chapter, a reeistered
cannabis testine facility is authorized to:
d) Accept and possess samples of harvested cannabis for manctatoi-v testingjrom
repistrants;
(2) Accept and possess samples of harvested cannabis for other testing from
repistrants. qualifying patients and members of the public;
(3) Test samples of harvested cannabis for mandatory and other testine and renort
the results of such testina to the reeistrant. aualifyine patient pr member of the
public that submitted the samples for testing;
(4) Report the results of any mandatory and other testing conducted pursuant to
this chapter to the office;
(5) Test samples of harvested cannabis that are submitted for retestine after a failed
mandatory test and report the results ofretestine to the reeistrant. aualifvine patient
or member of the public that submitted tile samples for retestine and to the office;
and
5 (6) Hire any number of cardholders necessary to conduct analysesina^^^^
with this chapter.
D. The office may deny a registration certificate to an applicant if, durine an inspection
of that applicant pursuant to section 243 0-K. the office finds evidence ofavioiation of
this chapter or rules adopted pursuant to this chapter.
2. Rules. The office may adopt rules regarding the remstratjon. certificatiorL
accreditation and ooeration ofcannabis testing facilities authorized under this chapter.
including, but not limited to< rules establishing acceptable testing i:>ractroes for cannabis
Page2-132LR08S4(09)
SENATE AMENDMENT
OF^ SENATE AMENDMENT"/^ " to COMMITTEE AMENDMENT "B" to H.P, 1231,L.D, 1847^5-1^
testing facilities, including, but not limited to. provisions relating to testing practices.
methods and standards; remediation and retestine procedures', auality_ control analYsis;
equipment certification and calibration; chemical identification; cannabis testing facility
t'ecord-keepine, documentation and business practices; disposal of used. unused and waste
harvested cannabis; and reportme of test results. Rules adoDted_Bursuant to this subsection
are major substantive rules as defined in Title 5. chapter 375. subohaoter 2-A.1
Amend the amendment in Part A in section 17 in the indented paragraph in the last line
(page 5> line 21 in amendment) by striking out the following; "2423-H" and inserting the
following: '2423-G'
Amend the amendment in Part A by inserting after section 18 the following;
'See. A-19. 22 MRSA §2425-A, sub-§4, ^B, as enacted by PL 2017, c, 452,§12,
is amended to read:
B. Tile department may deny an application for a card or for renewal of a card only if;
(1) The applicant did not provide the information required pursuant to subsection
3;
(2) The department determines that the applicant does not qualify; er
(3) The depailment determines that the information provided by the applicant was
falsified?; or
(4) In the case of an applicant aDplvine to be a reeistered careeiver oi* t'eeistered
dispensarv. the office finds evidence of a violation of this chapter or rules adopted
pursuant to this chapter during an inspection conducted pursuant to section
2430-K.'
Amend the amendment in Part A in section 19 in subsection 6 in paragraph E in the
last line (page 6, line 7 in amendment) by striking out the following: "2423-H" and inserting
the following: 12421^G1
Amend the amendment in Part A in section 21 in subsection 3 in the last line (page 6,
line 20 in amendment) by striking out the following; "2423-H" and inserting the following;
'2423-0'
Amend the amendment in Part A in section 22 in subsection 1-A in the last 4 lines
(page 6, lines 24 to 27 in amendment) by striking out the following; ", In the calculation
of the amount or DOtency of cannabinolds allowed under this subsection, theaUowabte
variance rate may be in addition to the allowable variance rate applicable to a cannabis
testing facility pursuant to section 2430-P. subsection 6"
Amend the amendment in Part A by striking out all of sections 24 to 26.
Amend the amendment in Part A by inserting after section 27 the following:
'See. A-28. 22 MRSA §2430-K, as enacted by PL 2023,c. 365,§22, is amended to
read:
§2430-K. Inspections; limitation
The office shall conduct inspections of initial applicants to be registered caregivers.
I'eRistei'ecl disDensarj^^c^^ testing facilities and manufacturing facilities in
accordance with this section and rules adopted pursuant to this chapter. The office sliall
SENATE AMENDMENT
^
SENATE AMENDMENT" J\ " to COMMITTEE AMENDMENT "B" to H,P. 1231, L,D. 1847
conduct annual inspections of registered carepivers. reeistered disBensaijes, cannabis
testing facilities and manufacturing facilities in accordance with this section and rules
adopted pursuant to this chapter. The department office may conduct inspections of
registered caregivers, registered dispensaries, cannabis testing facilities and manufacturing
facilities in accordance with this section and rules adopted pursuant to this chapter. The
dopartmont office may not conduct an inspection of a qualifying patient or caregiver
operating under section 2423-A, subsection 3, paragraph C.
1. Criteria. The department office shall maintain a publicly accessible electronic
version of the criteria for inspection of registered caregivers, registered dispensaries,
cannabis testing facilities and manufacturing facilities and for inspection of initial
applicants to be registered caregivers. reeistered dispensaries, cannabis testing facilities
and manufacturing facilities.
2. Access to premises. Notwithstanding any provision of law to tlie contrary, to ensure
compliance with tills chapter or in response to a complaint, the department office may
inspect the premises where a registered caregiver, registered dispensary, cannabis testing
facility or manufacturing facility conducts activity authorized under this chapter, without
notice during regular business hours or during hours of apparent activity, except that the
department office may not enter the dwelling unit of a registered caregiver if the registered
caregiver is not present and may inspect the area of a dwelling unit only where activity
authorized under this chapter occurs.
3. Complaints. If the department office conducts an inspection in response to a
complaint, the department office shall provide the registered caregiver, registered
dispensaiy, cannabis testing facility or manufacturing facility subject to the inspection a
written statement of the substance of the complaint at the time of the inspection,
4. Contamination prevention. The department office shall develop and post on the
department's office's publicly accessible website guidance on how a person conducting
inspections under this section can prevent contaminating the premises being inspected,
5, Notification of unauthorized conduct. If during an inspection the department
office finds evidence of a violation of tliis chapter or rules adopted pursuant to this chapter,
the department office shall, within one business day of the completion of the inspection,
provide written notification of the identified violation to the applicant or registered
caregiver, registered dispensaiy, cannabis testing facility or manufacturing facility. Notice
under this subsection does not constitute final agency action.
6. Penalty. In addition to any other penalty authorized under this chapter, the registry
5 identification card or registration certificate of a registered caregiver, registered dispensary,
cannabis testing facility or manufacturing facility that refuses or willfully avoids 2 or more
inspections under this section may be suspended or revoked pursuant to section 2430-1 or
tlie department office may refuse to renew the registry identification card or registration
certificate. Notwithstandine any provision of law to the contrary. the office may deny
registration to an applicant if. during an inspection of that applicant, the office finds
evidence of a violation of this chapter or rules adopted pursuant to this chapter.'
Amend the amendment in Part A by striking out all of sections 29 to 32 and inserting
the following;
'See. A-29. 22 MRSA §2430-P is enacted to read:
Page4-132LR0854(09)
SENATE AMENDMENT
SENATE AMENDMENT " f\ " to COMMITTEE AMENDMENT "B" to H,P. 1231, L.D. 1847 (.& '~l (^
I §2430-P. Annual insnectionss mandatory sample testing
The office shal! conduct testing of samples collected by the office during the annual
inspection required under section 2430-K for reastejt^careewers. registered disDensaries
and manufacturing facilities in accordance with this section. This section may not be
construed to limit tlie authority of the office to take samples of harvested cannabis pursuant
to an investigation by the office into the conduct of a registrant or a registrant agent,
1. Mandatoi'v testing; costs. The office shall test a^amBle^fharvesteAcanrLabis
collected under this section for;
A, Residual solvents;
B. Metals: and
C. Pesticides.
The costs associated with conductine tests under this subsection must be paid for bv the
registered caregiver. registered dispensarv and manufacturing facility from which the
sample was collected,
2, Other testine; costs. The office may conduct other tests on a sample of harvested
canuabis collected under this section for the purpose of research and data collection. Any
test conducted under this subsection must be paid for by the office.
3. Notification of results: records. The office shall notify a registered careeiver,
registered dispensarv and manufactnrine facility within one business day of the office
receivine the results of any test conducted under tliis section. Tlie office shalt provide a
written copy of any test results with the notification, A registered careRiver. reeistered
dispensary and manufacturinB facility shall keep a record of all test results under this
section for a period of 4 years in the same manner as other records required to be keptmdev
this chapter.
4. Results exceed maximum allowable contamination levels additional testine. If
a test conducted under this section for residual solvents or pesticides indicates that the
sample of harvested cannabis exceeds the maximum level of allowable contamination for
residual solvents or pesticides, as determined by the office pursuant to rules adopted
pursuant to this section. which are major substantive rules pursuant to Title 5. chapter 375.
subchapter 2-A. the office shall;
A. Provide notification as required under subsection 3 and. if applicable, provide
notice to any registered careeiver, i'eeistered disoensarv or mauufacturine facility from
3 which the harvested cannabis sample originated;
B, Collect up to 3 additional samples of harvested cannabis from the reeistrant whose
sample exceeded the maximum level of allowable contamination for residual solvents
or pesticides and from any registrant from which the harvested cannabis sample
oripinated from any location where a reeistered caregiyer. repistered dispensaiv or
manufacturme facility conducts activity authorized under this chapter;
C. Restrict the transfer or sale of the batch of harvested cannabis that exceededJhe
maximum level of allowable contamination for residual solvents or pesticides under
this subsection and may initiate a recall of any harvested oannabis from the batch that
may have already been sold or transferred; atid
SENATE AMENDMENT
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "B" to H.P. 1231, L,D, 1847^2»"'^<t?
D. Conduct testing for residual solvents and pesticides on the additional samples
collected under paraaraph B at the expenseoftheregistrant.
If additional testine conducted under paraeraph D indicates that any of the samples
collected under paragraph B exceed the maximum level of allowable contamination for
residual solvents or pesticides. ttie office shall restrict the transfer or sale of all batches of
harvested caniiabis in the possession of the registrant, initiate a recall of any harvested
cannabis sold or transferred by the registrant from the batch or batches of harvested
cannabis tested and shall open an investigation into tile conduct of the reeistrant,
5. Results exceed maximum allowable contamination level; administrative
penalty; violation types. The followine administrative penalties may aDplv:
A. A registered careeiver. reeistered dispensary ormanufacUirine facility whose initial
test under this section indicates that the sample of harvested cannabis exceeds the
maximum level of allowable contamination for residual solvents or pesticides may be
subiecUo an administrative penalty for a minor reeistt'ation violation under section
243 0-L subsection 1-A, oaragraoh C; and
B, A registered caregiver.regisleredjiisDe or manufacturing facility that has a
sample collected under subsection 4< oaraeraph B that exceeds the maximum level of
allowable contamination for residual solvents or pesticides may be subject to an
administrative penalty for a major registration yiolation under section 2430-1.
subsection 1-A. oaraeraph B.
6. Sample collection, testing processes, protocols and standards. The office may
establ ish by rule processes, protocols and standards for the collection of samples for annual
testing and for other testine of harvested cannabis that conform with the best practices
generally used to sample the applicable matrices and test for the presence or absence of the
contaminants identified in this section based^mon the matrix of the harvested cannabis
tested. Rules adopted pursuant to this subsection are major substantive rules as defined in
Title 5, chapter 375. subchaDter2-A,
If the office opens an investigation No the conduct of a registered caregiver. registered
dispensary or inanufacturing facility under this section, evidence of a violation of this
chapter or rules adopted pursuant to this chapter must be handled pursuant to section
2430-1.'
Amend the amendment in Part B in section 4 in the indented paragraph in the 9th to
12th lines (page 15, lines 41 and 42 and page 16, lines 1 and 2 in amendment) by striking
out the following: "All cannabis concentrates used to manufacture cannabis products in
accordance with this chapter must be tested in accordance with subsections 1-C and 1-D
priorto being used to manufacture a cannabis product or a cannabis pre-roJl infused with
camiabis concentt'ate."
Amend the amendment in Part B by striking out all of sections 5 to 10.
Amend the amendment by striking out all of Part C,
Amend the amendment in Part D by striking out all of section 1.
Amend the amendment in Part D in section 2 by inserting at the end the following;
The term of an initial contract with a vendor may not exceed 3 years. The total cost of
the initial contract with a vendor may not exceed $250,000 for 3 years. Notwithstanding
SENATE AMENDMENT
SENATE AMENDMENT " /\ " to COMMITTEE AMENDMENT "B" to H.P, 1231, L.D, 1847
Title 22, section 2430-0 or any other provision of law to the contrary, including Title 5,
section 1825-B, the office may not accept a bid, proposal or application or award a contract
for the development, implementation, maintenance, administration or operation of the
electronic inventory tracking system required pursuant to Title 22, section 2430-0 from or
to any person or entity that;
1. Holds a contract with the State for the provision or operation of a cannabis industry
tracking system required under Title 28-B, section 105 > or
2, Is involved with; is an affiliate, subsidiary, parent company, officer, director or
principal of; or has a direct financial interest in an entity that holds a contract described in
subsection 1.
For the purposes of this section, "involved with" includes any direct or indirect
ownership, control or participation that could reasonably be construed as creating a conflict
of interest*
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or
section number to read consecutively,
SUMMARY
This amendment amends Committee Amendment "B" to require the Department of
Administrative and Financial Services, Office of Cannabis Policy to conduct inspections
of initial applicants to be registered caregivers, registered dispensaries> cannabis testing
facilities and manufacturing facilities in accordance with the laws and rules governing the
medical use of cannabis, It also requires the office to conduct annual inspections of
registered caregivers, registered dispensaries, cannabis testing facilities and manufacturing
facilities. The amendment provides that the office may deny registration to an applicant to
be a registered caregiver, registered dispensary, cannabis testing facility or manufacturing
facility if during an inspection of that applicant the office finds evidence of a violation of
the laws or rules governing the medical use ofcannabis,
Tile amendment removes the testing provisions of Committee Amendment "B" and
replaces them with the testing provisions of Committee Amendment "C," which require the
Office of Cannabis Policy to conduct testing of samples collected by the office during
required annual inspections for registered caregivers, registered dispensaries and
manufacturing facilities.
The amendment removes the provisions regarding the excise tax on cannabis pre-roll.
Tlie amendment provides that the term of tlie initial contract with a vendor for the
electronic inventory tracking system may not exceed 3 years. It also provides that the total
cost of the initial contract may not exceed $250,000 for 3 years, The amendment provides
that the office may not accept a bid, proposal or application or award a contract for the
development, implementation, maintenance, administration or operation of the electronic
inventory tracking system from or to any person or entity that holds a contract with the
State for the provision or operation of a cannabis industry tracking system required under
the Maine Revised Statutes, Title 28-B, section 105 or is involved with; is an affiliate,
Page7-132LR0854(09)
SENATE AMENDMENT
SENATE AMENDMENT"/^ " to COMMITTEE AMENDMENT "B" to H,P. 1231, L,D. 1847 tc>"'
subsidiary, parent company, officer, director or principal of; or has a direct financial interest
in an entity that holds siyA-a^contract.
SPONSORED BYs
7"
(Senator HICKMAN, C.)
COUNTY: Kennebec
FISCAL NOTE REQUIRED
(See attached)
Page8-132LR0854(09)
SENATE AMENDMENT
Revised; 04/14/26 t-KL
LD 1847 LR 854(09)
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 Senate Amendment "^" to Committee Amendment "B" ^1^
Sponsor: Sen. Hickman ofKennebec
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
Revenue
General Fund
Other Special Revenue Funds
$0
$0
$0
$0
($14,100)
($18,500)
($17,800)
$0 ($1,783,797) ($3,533,800)
$14,100
($2,100)
$18,500
($3,500)
$17,800
($3,800)
Fiscal Detail and Notes
This amendment eliminates Part B of the bill, removing the General Fund and Other Special Revenue Funds revenue
impacts. The amendment also adds new provisions related to annual inspections and mandatory sample testing, As a
result of these changes, the anticipated Other Special Revenue Funds allocations beginning in fiscal years 2027-28 and
2028-29 are reduced from $5,279,988 and $5,546,988, respectively, to $3,496,191 and $2,013,188. The number of
anticipated positions is also reduced from 27 to 6.
LR0854(09) - Fiscal Note - Page 1 of 1