28-B ME Rev Stat § 504 (2021)
2021 Maine Revised Statutes|TITLE 28-B: ADULT USE MARIJUANA|Chapter 1: MARIJUANA LEGALIZATION ACT|Subchapter 5: OPERATING REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS|28-B §504. Operation of marijuana stores

 §504. Operation of marijuana stores A marijuana store must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter.   [PL 2017, c. 409, Pt. A, §6 (NEW).]1.  Products authorized for sale.  Except as provided in subsection 2, a marijuana store may sell:   A. Adult use marijuana, adult use marijuana products and marijuana paraphernalia;   [PL 2017, c. 409, Pt. A, §6 (NEW).]B. Immature marijuana plants and seedlings;   [PL 2017, c. 409, Pt. A, §6 (NEW).]C. Consumable products not containing marijuana, including, but not limited to, sodas, candies and baked goods; and   [PL 2017, c. 409, Pt. A, §6 (NEW).]D. Any other nonconsumable products, including, but not limited to, apparel and marijuana-related products.   [PL 2017, c. 409, Pt. A, §6 (NEW).][PL 2017, c. 409, Pt. A, §6 (NEW).] 2.  Prohibitions.  A marijuana store may not:   A. Give away adult use marijuana, adult use marijuana products or marijuana plants or sell or give away mature marijuana plants or consumable products containing tobacco or alcohol that do not contain marijuana;   [PL 2017, c. 409, Pt. A, §6 (NEW).]B. Except for nonedible adult use marijuana products that do not contain THC, sell to any person in any individual sales transaction an amount of adult use marijuana, adult use marijuana products or immature marijuana plants or seedlings that exceeds the personal adult use limitations of section 1501, subsection 1;   [PL 2017, c. 409, Pt. A, §6 (NEW).]C. Sell adult use marijuana, adult use marijuana products or marijuana plants using:   (1) An automated dispensing or vending machine;   (2) A drive-through sales window;   (3) An Internet-based sales platform; or   (4) A delivery service; or   [PL 2017, c. 409, Pt. A, §6 (NEW).]D. Sell adult use marijuana or adult use marijuana products to a person who is visibly intoxicated.   [PL 2017, c. 409, Pt. A, §6 (NEW).][PL 2017, c. 409, Pt. A, §6 (NEW).] 3.  Compliance with packaging, labeling and health and safety requirements.  All adult use marijuana and adult use marijuana products sold or offered for sale at a marijuana store must meet all applicable packaging, labeling and health and safety requirements of subchapter 7 and the rules adopted under subchapter 7.   [PL 2017, c. 409, Pt. A, §6 (NEW).] 4.  Verification of purchaser's age.  A person must be 21 years of age or older to make a purchase in a marijuana store. A marijuana store may not sell any item to a person under 21 years of age.   A. Prior to initiating a sale, an employee of the marijuana store licensee shall verify that the purchaser has a valid government-issued photographic identification card, or other acceptable photographic identification, demonstrating that the purchaser is 21 years of age or older.   [PL 2017, c. 409, Pt. A, §6 (NEW).]B. The department shall by rule determine the forms of photographic identification that a marijuana store licensee may accept when verifying a purchaser's age.   [PL 2017, c. 409, Pt. A, §6 (NEW).][PL 2017, c. 409, Pt. A, §6 (NEW).] 4-A.  Controlled, indoor entry area.  A marijuana store may have a controlled, indoor entry area directly inside the marijuana store in which an employee of the marijuana store licensee may verify the identification and age of persons and persons may await entry into the sales area of the marijuana store. A controlled, indoor entry area under this subsection must be physically separated from the sales area of the marijuana store.   [PL 2021, c. 314, §1 (NEW).] 5.  Prohibition on use of shared facility for retail sale of adult use marijuana and adult use marijuana products and marijuana and marijuana products for medical use.  A marijuana store licensee that is also a registered caregiver or a registered dispensary may not sell or offer for sale to consumers adult use marijuana and adult use marijuana products pursuant to this chapter within the same facility or building in which the licensee also sells or offers for sale to qualifying patients marijuana and marijuana products for medical use pursuant to the Maine Medical Use of Marijuana Act.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2017, c. 452, §37 (REV).] 6.  Signs, marketing and advertising.  All signs used by and all marketing and advertising conducted by or on behalf of a marijuana store must comply with the requirements of section 702 and the rules adopted pursuant to section 702.   [PL 2017, c. 409, Pt. A, §6 (NEW).] 7.  Sales tax.  A marijuana store licensee shall ensure that the tax imposed on the sale of adult use marijuana and adult use marijuana products to a consumer pursuant to Title 36, section 1811 is collected and remitted in accordance with the requirements of Title 36, Part 3 and the rules adopted pursuant to Title 36, Part 3.   [PL 2017, c. 409, Pt. A, §6 (NEW).] 8.  Tracking.  In accordance with the requirements of section 105, a marijuana store licensee shall track all adult use marijuana and adult use marijuana products from the point at which the marijuana or marijuana products are delivered or transferred to the marijuana store by a cultivation facility or a products manufacturing facility to the point at which the marijuana or marijuana products are sold to a consumer, delivered or transferred to a testing facility or disposed of or destroyed.   [PL 2017, c. 409, Pt. A, §6 (NEW).] SECTION HISTORY PL 2017, c. 409, Pt. A, §6 (NEW). PL 2017, c. 452, §37 (REV). PL 2021, c. 314, §1 (AMD).