2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §209. License renewal

§209. License renewal
1.  Notification of expiration date.
Ninety days prior to the expiration of an existing license issued under section 205, subsection 4, the department shall notify the licensee of the expiration date and the opportunity for renewal. Except as otherwise provided in this section, a licensee seeking to renew an existing license must file an application for renewal with the department, on forms prepared and furnished by the department, not less than 30 days prior to the date of expiration of the license.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
2.  Extension for good cause shown; late applications.
Notwithstanding subsection 1, the department may for good cause shown accept an application for renewal of an existing license less than 30 days prior to the date of expiration of the license upon the payment of a late application fee to the department. The department may not accept an application for renewal of a license after the date of expiration of that license.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
3.  Operation under expired license.
A licensee that files an application for renewal of its existing license and pays all required fees under this section prior to the expiration of the license may continue to operate the cannabis establishment under that license notwithstanding its expiration until such time as the department takes final action on the renewal application, except when the department suspends or revokes the license in accordance with the provisions of subchapter 8 prior to taking final action on the renewal application.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
4.  Expired license; cessation of activity and forfeiture of cannabis and cannabis products.
Except as provided in subsection 3, a person whose license has expired shall immediately cease all activities relating to the operation of the cannabis establishment previously authorized under that license and ensure that all adult use cannabis and adult use cannabis products cultivated, manufactured or otherwise in the possession of the person pursuant to that license are forfeited to the department for destruction in accordance with section 803.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
5.  Renewal application process; fees; rules.
An applicant seeking renewal of a license to operate a cannabis establishment must pay to the department a renewal application fee or, if applicable, a late renewal application fee, and must demonstrate continued compliance with all applicable licensing criteria under this chapter, including, but not limited to, obtaining local authorization as required by section 402, subsection 3, paragraph B or, in the case of a cannabis establishment located in the unorganized and deorganized areas, as required by section 403, subsection 3, paragraphs B and C, except that an applicant seeking renewal of a license is not required to submit to a criminal history record check under section 204 unless specifically required to do so by the department.
A. The department may not issue an active license to a licensee seeking renewal of a license until the licensee obtains local authorization as required by section 402, subsection 3, paragraph B or, in the case of a cannabis establishment located in the unorganized and deorganized areas, as required by section 403, subsection 3, paragraphs B and C, pays the applicable license fee required under section 207 and meets all other applicable requirements for the issuance of an active license under section 205, subsection 4. Notwithstanding any provision of this chapter to the contrary, a sample collector licensee is not required to seek local authorization as a condition for renewal of that license by the department but must submit all other information required by the department under this chapter and the rules adopted pursuant to this chapter.   [PL 2019, c. 676, §9 (AMD); PL 2021, c. 669, §5 (REV).]
B. The department shall by rule set forth requirements for the submission, processing and approval of a renewal application, which must include, but are not limited to, setting of a reasonable renewal application fee and a reasonable late renewal application fee.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2019, c. 676, §9 (AMD); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 676, §9 (AMD). PL 2021, c. 669, §5 (REV).