reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §201. License process; license types

§201. License process; license types
The department, upon receipt of an application in the prescribed form that meets all applicable requirements for licensure under this chapter and the rules adopted pursuant to this chapter, shall issue to the applicant a conditional license to operate one or more of the following types of cannabis establishments or shall deny the application in accordance with section 206:   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
1.  Cultivation facility.
Consistent with the requirements and restrictions of section 205, subsection 2, paragraph A and subchapter 3, a cultivation facility license;
[PL 2017, c. 409, Pt. A, §6 (NEW).]
2.  Testing facility.
Consistent with the requirements and restrictions of section 205, subsection 2, paragraph B and section 503, subsection 2, a testing facility license;
[PL 2017, c. 409, Pt. A, §6 (NEW).]
3.  Products manufacturing facility.
A products manufacturing facility license;
[PL 2019, c. 676, §5 (AMD).]
4.  Cannabis store.
Consistent with the restrictions of section 205, subsection 2, paragraph C, a cannabis store license; or
[PL 2019, c. 676, §5 (AMD); PL 2021, c. 669, §5 (REV).]
5.  Sample collector.
Consistent with the requirements and restrictions of section 205, subsection 2, paragraph B and section 503‑A, a sample collector license.
[PL 2019, c. 676, §5 (NEW).]
Except as provided in section 205, the department may not impose any limitation on the number of each type of license that it issues to a qualified individual applicant or on the total number of each type of license that it issues to qualified applicants pursuant to this chapter.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 676, §5 (AMD). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §203. Additional licensing considerations

§203. Additional licensing considerations
An applicant for a license to operate a cannabis establishment shall submit, and the department shall consider in determining whether to grant the license, the following additional information. If the applicant is a business entity, the applicant must submit the information required by this section for every officer, director, manager and general partner of the business entity.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
1.  Other convictions.
The applicant shall submit information regarding the applicant's criminal convictions in this State or in another jurisdiction for any offense involving dishonesty, deception, misappropriation or fraud. The applicant may submit and the department shall consider if submitted any information regarding the applicant's criminal history record, including, but not limited to, evidence of rehabilitation, character references and educational achievements, with special consideration given to the time between the applicant's last criminal conviction and the consideration by the department of the application for licensure.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
2.  Tax compliance.
The applicant shall submit information regarding:
A. The applicant's history of paying income and other taxes owed to the State, to another jurisdiction, if applicable, and to the United States Internal Revenue Service over the 2 years immediately preceding the year in which the application is filed; and   [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. Any outstanding tax liens imposed or levied against the applicant in this State or in another jurisdiction within the 5 years immediately preceding the year in which the application is filed.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2017, c. 409, Pt. A, §6 (NEW).]
3.  Other state cannabis-related violations or penalties.
If the applicant has held a license, permit, certificate or other government-issued authorization in another jurisdiction allowing the cultivation, manufacture, testing or sale of cannabis or cannabis products, the applicant shall submit information regarding any violations by or penalties imposed on the applicant in that other jurisdiction.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §206. Denial of license

§206. Denial of license
1.  Denial for good cause.
The department, for good cause, may deny an application for an initial license, a license renewal, a transfer of ownership interests or a relocation of licensed premises. Denial of an application by the department pursuant to this section constitutes a final agency action as defined in Title 5, section 8002, subsection 4.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
2.  Good cause defined.
As used in this section, "good cause" means a finding by the department that:
A. An applicant or licensee has violated, does not meet or has failed to comply with any of the terms, conditions or provisions of this chapter, the rules adopted pursuant to this chapter or any other applicable state or local law, rule or regulation; or   [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. An applicant or licensee has failed to comply with any special terms, consent decree or conditions placed upon the previously issued license pursuant to an order of the department; the municipality in which the licensed premises are located; the town or plantation in the unorganized and deorganized areas in which the licensed premises are located; in the case of a township in the unorganized and deorganized areas in which the licensed premises are located, the county commissioners of the county in which the township is located; or, in the case of a cannabis establishment located in the unorganized and deorganized areas, the Maine Land Use Planning Commission.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
3.  Notification of denial and right to appeal.
Upon the department's determination to deny a license application, the department shall notify the applicant in writing of the denial, the basis for the denial and the applicant's right to appeal the denial to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §208. License term

§208. License term
An active license issued by the department pursuant to section 205, subsection 4 is effective for a period of one year from the date of issuance and may be renewed pursuant to section 209.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §210. Transfer of ownership interests

§210. Transfer of ownership interests
1.  Transfer application.
A licensee may apply to the department, on forms prepared and furnished by the department, for approval to transfer ownership interests in the license, including, but not limited to, a transfer of only a portion of the ownership interests in the license.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
2.  Compliance with licensure requirements; rules.
A person seeking to assume an ownership interest in a license pursuant to this section must demonstrate to the department compliance with all applicable requirements for licensure under this chapter and the rules adopted under this chapter. The department shall by rule adopt requirements for the submission of a license transfer application and standards for the approval of a license transfer application, including, but not limited to, provisions relating to local authorization of a transfer of ownership interests in a license.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §211. Relocation of licensed premises

§211. Relocation of licensed premises
1.  Relocation application.
A licensee may apply to the department, on forms prepared and furnished by the department, for approval to relocate the licensed premises of the cannabis establishment that the licensee is licensed to operate.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
2.  Local authorization required.
The department shall, within 10 days of receiving certification of local authorization pursuant to section 402, subsection 3, paragraph B from the municipality in which the relocated licensed premises are to be located or pursuant to section 403, subsection 3, paragraphs B and C from the Maine Land Use Planning Commission if the relocated licensed premises are to be located in the unorganized and deorganized areas, notify the licensee that local authorization has been confirmed for the relocation and that the licensee may proceed with relocation, and the department shall issue to the licensee an updated license specifying the address of the new premises.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
3.  Effect on license term.
A relocation of licensed premises pursuant to this section does not extend or otherwise modify the license term of the license subject to relocation.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
4.  Rules.
The department shall by rule adopt requirements for the submission of a license relocation application and standards for the approval of a relocation application.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §212. Termination of license

§212. Termination of license
1.  Notification of termination required.
A licensee may not permanently abandon the licensed premises of the licensee or otherwise permanently cease all activities relating to the operation of the cannabis establishment under its license, whether voluntarily or pursuant to a license revocation in accordance with subchapter 8, without notifying the department and the municipality in which the licensed premises are located at least 48 hours in advance of the abandonment or termination.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
2.  Forfeiture and destruction of cannabis and cannabis products.
Prior to abandoning the licensed premises of the licensee or terminating operations, a licensee shall provide the department and the municipality in which the licensed premises are located with a full accounting of all adult use cannabis and adult use cannabis products located within the licensed premises and forfeit the cannabis and cannabis products to the department for destruction in accordance with section 803.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
For the purposes of this section, "municipality" means, in the case of a cannabis establishment not located in the unorganized and deorganized areas, the city, town or plantation in which the cannabis establishment is located; or, in the case of a cannabis establishment located in the unorganized and deorganized areas, the Maine Land Use Planning Commission and the town or plantation in which the cannabis establishment is located or, in the case of a cannabis establishment located in a township, the county commissioners of the county in which the township is located.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §213. Notice of new owner, officer, manager or employee

§213. Notice of new owner, officer, manager or employee
Before any proposed new owner, officer, manager or employee may own, manage, work for or otherwise associate with a licensee, the licensee shall notify the department in writing of the name, address and date of birth of the proposed new owner, officer, manager or employee and the proposed new owner, officer, manager or employee shall submit to a criminal history record check pursuant to section 204, obtain an individual identification card pursuant to section 106 and, in the case of a new owner or other person assuming an equity ownership interest or a partial equity ownership interest in the license, obtain approval for the transfer of ownership interests pursuant to section 210.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §214. Inactive licenses

§214. Inactive licenses
The department may revoke or refuse to renew any license if it determines that the licensed premises have been inactive without reasonable justification for a period of one year or more.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 2: GENERAL LICENSING REQUIREMENTS › 28-B §215. Notification to municipality; sharing of information with Bureau of Revenue Services

§215. Notification to municipality; sharing of information with Bureau of Revenue Services
The department shall notify a municipality within 14 days of the date the department approves, renews, denies, suspends or revokes the license of a licensee whose licensed premises are located or proposed to be located in the municipality; imposes a monetary penalty on a licensee located within the municipality; approves relocation of the licensed premises of a cannabis establishment to or from the municipality; or approves a transfer of ownership interest in a license with respect to which the licensed premises are located within the municipality.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
The department shall provide the Bureau of Revenue Services with the same information provided to a municipality under this section at the time that the department notifies the municipality.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
For the purposes of this section, "municipality" has the same meaning as in section 212.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 3: LICENSING REQUIREMENTS FOR CULTIVATION FACILITIES › 28-B §301. Cultivation facility license types

§301. Cultivation facility license types
Subject to the requirements and restrictions of this subchapter and the requirements of subchapter 2, the department may issue to an applicant any of the following types of cultivation facility licenses:   [PL 2017, c. 409, Pt. A, §6 (NEW).]
1.  Tier 1 cultivation facility license.
A tier 1 cultivation facility license, which allows cultivation by a licensee of:
A. Not more than 30 mature cannabis plants and an unlimited number of immature cannabis plants and seedlings; or   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B. Not more than 500 square feet of plant canopy.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
An applicant for a tier 1 cultivation facility license shall designate in its cultivation plan whether the license sought is a plant-count-based tier 1 cultivation facility license under paragraph A or a plant-canopy-based tier 1 cultivation facility license under paragraph B;
[RR 2017, c. 2, §12 (COR); PL 2021, c. 669, §5 (REV).]
2.  Tier 2 cultivation facility license.
A tier 2 cultivation facility license, which allows cultivation by a licensee of not more than 2,000 square feet of plant canopy;
[PL 2017, c. 409, Pt. A, §6 (NEW).]
3.  Tier 3 cultivation facility license.
A tier 3 cultivation facility license, which allows cultivation by a licensee of not more than 7,000 square feet of plant canopy;
[PL 2017, c. 409, Pt. A, §6 (NEW).]
4.  Tier 4 cultivation facility license.
A tier 4 cultivation facility license, which allows cultivation by a licensee of not more than 20,000 square feet of plant canopy, except as provided in section 304; or
[PL 2017, c. 409, Pt. A, §6 (NEW).]
5.  Nursery cultivation facility license.
A nursery cultivation facility license, which allows cultivation by a licensee of not more than 1,000 square feet of plant canopy, subject to the requirements and restrictions of section 501, subsection 3.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
RR 2017, c. 2, §12 (COR). PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 3: LICENSING REQUIREMENTS FOR CULTIVATION FACILITIES › 28-B §303. Increase in cultivation tier upon renewal

§303. Increase in cultivation tier upon renewal
A licensee seeking renewal of a cultivation facility license may, if applicable and in accordance with this section, apply for a tier of cultivation facility license with a greater area of authorized plant canopy than is authorized under the licensee's current cultivation facility license.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
1.  Approval criteria.
The department may issue the applied-for tier of cultivation facility license if the licensee otherwise meets all applicable requirements for continued licensure under this chapter and the rules adopted pursuant to this chapter and the licensee has demonstrated to the department's satisfaction that:
A. The licensee has over the current period of licensure sold at least 85% of the adult use cannabis cultivated by the licensee at its cultivation facility; and   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B. The approval of the applied-for tier of cultivation facility license will not cause the licensee to exceed the combined plant canopy limitation in section 205, subsection 2, paragraph A.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
2.  Consideration of renewal of current license tier if approval criteria not met.
If the department determines that the licensee has failed to satisfy the requirements of this section for the applied-for tier of cultivation facility license, the department shall consider renewing the licensee's license at the current tier.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
This section does not apply to a nursery cultivation facility licensee.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 3: LICENSING REQUIREMENTS FOR CULTIVATION FACILITIES › 28-B §304. Increase in maximum licensed plant canopy upon renewal of tier 4 license

§304. Increase in maximum licensed plant canopy upon renewal of tier 4 license
In accordance with the requirements of this section, not more than once every 2 years, a licensee seeking renewal of a tier 4 cultivation facility license may apply to increase by 7,000 square feet the maximum area of plant canopy authorized under its current tier 4 cultivation facility license.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
1.  Approval criteria.
The department may approve the requested increase if the licensee otherwise meets all applicable requirements for continued licensure under this chapter and the rules adopted pursuant to this chapter and the licensee has demonstrated to the department's satisfaction that the licensee has over the past 2-year period of licensure sold at least 85% of the adult use cannabis cultivated by the licensee at its cultivation facility.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
2.  Consideration of renewal of current licensed amount of plant canopy if approval criteria not met.
If the department determines that the licensee has failed to satisfy the requirements of this section for the requested increase, the department shall consider renewing the licensee's license at the current tier and currently authorized maximum area of plant canopy.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 4: LOCAL REGULATION OF CANNABIS ESTABLISHMENTS › 28-B §401. Municipal regulation of cannabis establishments generally

§401. Municipal regulation of cannabis establishments generally
In accordance with the applicable provisions of this subchapter and pursuant to the home rule authority granted under the Constitution of Maine, Article VIII, Part Second and Title 30‑A, section 3001, a municipality may regulate cannabis establishments within the municipality, including, but not limited to, adoption of the following types of regulations and restrictions.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
1.  Land use regulations.
A municipality may adopt an ordinance providing land use regulations applicable to cannabis establishments within the municipality.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
2.  General authorization or limitation of cannabis establishments.
A municipality may adopt an ordinance generally authorizing the operation of some or all types of cannabis establishments within the municipality. A municipality may adopt an ordinance limiting the number of any type of cannabis establishment that may be authorized to operate within the municipality.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
3.  Municipal licensing requirements.
A municipality may adopt an ordinance providing licensing requirements applicable to cannabis establishments within the municipality, which may include, but are not limited to, provisions establishing a municipal licensing fee schedule pursuant to Title 30‑A, section 3702.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
Notwithstanding any provision of law to the contrary, a municipal ordinance regulating cannabis establishments within the municipality adopted pursuant to this subchapter is not subject to the requirements or limitations of Title 7, chapter 6 or 8‑F. Nothing in this subchapter may be construed to require an applicant for a sample collector license or a sample collector licensee to seek local authorization prior to the issuance or renewal of an active license.   [PL 2019, c. 676, §10 (AMD); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 676, §10 (AMD). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 4: LOCAL REGULATION OF CANNABIS ESTABLISHMENTS › 28-B §404. Authority of Maine Land Use Planning Commission

§404. Authority of Maine Land Use Planning Commission
This chapter or rules adopted pursuant to this chapter may not be construed to limit the authority of the Maine Land Use Planning Commission to regulate land use planning and development activities within the unorganized and deorganized areas of the State pursuant to Title 12, chapter 206‑A.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 4: LOCAL REGULATION OF CANNABIS ESTABLISHMENTS › 28-B §405. Information requests

§405. Information requests
A municipality may request that the department provide any information obtained by the department pursuant to the provisions of subchapter 2 or 3 that the municipality determines necessary for the administration of its local authorization process for cannabis establishments under this subchapter. Unless the information is confidential pursuant to law or rule, the department, in a timely manner, shall provide the information requested pursuant to this section. For the purposes of this section, "municipality" has the same meaning as in section 212.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 4: LOCAL REGULATION OF CANNABIS ESTABLISHMENTS › 28-B §406. Notification to department

§406. Notification to department
A municipality shall notify the department within 14 days of the date the municipality authorizes the operation of a cannabis establishment within the municipality; issues or renews a license for the operation of a cannabis establishment within the municipality; withdraws authorization or suspends or revokes a license for the operation of a cannabis establishment within the municipality; approves relocation of the licensed premises of a cannabis establishment to the municipality; or approves a transfer of ownership interests in a license the licensed premises of which are located within the municipality. For the purposes of this section, "municipality" has the same meaning as in section 212.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
The department shall provide the Bureau of Revenue Services with any information received pursuant to this section within 14 days of the date the department receives that information.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › 28-B §505. Transportation of adult use cannabis and adult use cannabis products

§505. Transportation of adult use cannabis and adult use cannabis products
A licensee and its employees may transport adult use cannabis and adult use cannabis products between the licensed premises of the licensee and:   [PL 2023, c. 408, §16 (NEW).]
1.  Other licensed premises.
The licensed premises of any other cannabis establishment;
[PL 2023, c. 408, §16 (NEW).]
2.  Delivery location.
The location of a delivery in accordance with section 504, subsection 9; and
[PL 2023, c. 408, §16 (NEW).]
3.  Permitted premises.
The permitted premises for a specified event in accordance with section 504‑A.
[PL 2023, c. 408, §16 (NEW).]
All transportation of adult use cannabis and adult use cannabis products must be documented by the licensee or an employee of the licensee in accordance with rules adopted by the department.   [PL 2023, c. 408, §16 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 667, §5 (AMD). PL 2021, c. 735, §2 (AMD). PL 2021, c. 759, Pt. C, §3 (AMD). PL 2021, c. 669, §5 (REV). PL 2023, c. 408, §16 (RPR).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › 28-B §506. Employment of persons under 21 years of age prohibited

§506. Employment of persons under 21 years of age prohibited
A licensee may not employ any person under 21 years of age.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › 28-B §507. Entry into cannabis establishment by persons under 21 years of age prohibited

§507. Entry into cannabis establishment by persons under 21 years of age prohibited
A person under 21 years of age may not enter the licensed premises of a cannabis establishment. A licensee shall ensure that persons under 21 years of age do not enter its licensed premises, except that a cannabis store licensee may use a controlled, indoor entry area, in accordance with section 504, subsection 4‑A, in a cannabis store to verify the identification and age of persons before allowing entry into the sales area of the cannabis store.   [PL 2021, c. 314, §2 (AMD); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 314, §2 (AMD). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › 28-B §508. Use of adult use cannabis and adult use cannabis products within licensed premises

§508. Use of adult use cannabis and adult use cannabis products within licensed premises
1.  Employee use of cannabis or cannabis products for medical use.
A licensee may allow an employee who is a qualifying patient to privately consume cannabis and cannabis products for medical use within its licensed premises.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
2.  Employee use of adult use cannabis or adult use cannabis products.
Except as otherwise provided in this chapter, a licensee may not allow an employee to consume adult use cannabis or adult use cannabis products within its licensed premises or while the employee is otherwise engaged in activities within the course and scope of employment.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
3.  Other use of adult use cannabis or adult use cannabis products.
Except as otherwise provided in this chapter:
A. A person may not consume adult use cannabis or adult use cannabis products within the licensed premises of a cannabis establishment; and   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B. A licensee may not allow any person to consume adult use cannabis or adult use cannabis products within its licensed premises.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › 28-B §509. License to be conspicuously displayed

§509. License to be conspicuously displayed
A licensee shall ensure that the licensee's license, or a copy of that license, is at all times conspicuously displayed within its licensed premises.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › 28-B §510. Limited access areas

§510. Limited access areas
Except as provided in subsection 1, a person may not enter or remain in any limited access area unless the person displays an individual identification card issued by the department pursuant to section 106.   [PL 2019, c. 491, §4 (AMD).]
1.  Contractors.
A licensee may allow a person to enter or remain in any limited access area without displaying an individual identification card if the person is a contractor of the licensee, including, but not limited to, an electrician, a plumber, an engineer or an alarm technician, whose scope of work will not involve the handling of cannabis or cannabis products; the person signs a visitor entry log provided and maintained by the licensee and is issued a visitor identification badge by the licensee; and, if the person is working in a limited access area with immediate access to cannabis or cannabis products, the person is supervised at all times by the licensee or an employee of the licensee.
[PL 2019, c. 491, §4 (NEW); PL 2021, c. 669, §5 (REV).]
2.  Licensee compliance.
A licensee shall ensure that all areas of ingress to and egress from limited access areas within its licensed premises are conspicuously marked and that a person is not allowed to enter or remain in any limited access area without displaying the person's individual identification card issued by the department pursuant to section 106.
[PL 2019, c. 491, §4 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 491, §4 (AMD). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › 28-B §511. Record keeping and inspection of records; audits

§511. Record keeping and inspection of records; audits
1.  Record keeping; inspection of records.
A licensee shall maintain a complete set of all records of the licensee's business transactions, which must be open to inspection and examination by the department upon demand and without notice during all business hours. Records must be maintained by a licensee at a minimum for a period comprising the current tax year and the 5 immediately preceding tax years in accordance with Title 36, section 135.
[PL 2019, c. 231, Pt. A, §1 (AMD).]
2.  Additional information may be required.
The department may require a licensee to furnish any additional information necessary for the proper administration of this chapter.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
3.  Audit.
The department may require a licensee to submit to an audit of the licensee's business records. If the department requires a licensee to submit to an audit, the licensee shall provide the auditor selected by the department with access to all business records of the licensee and the cost of the audit must be paid by the licensee.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
4.  Confidentiality.
This subsection governs the confidentiality of records under this section.
A. Documents of a licensee inspected or examined by the department pursuant to this section are confidential and may not be disclosed except as needed in a civil or criminal proceeding to enforce any provision of this chapter and the rules adopted pursuant to this chapter or any criminal law.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. Audit working papers are confidential and may not be disclosed to any person outside the department, except that audit working papers may be disclosed to the licensee subject to the audit. A final audit report is a public record for the purposes of Title 1, chapter 13, subchapter 1. For the purposes of this paragraph, "audit working papers" means all documentation and other information acquired, prepared or maintained by the department and the auditor selected by the department during the conduct of the audit, including, but not limited to, draft reports and portions of draft reports.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 231, Pt. A, §1 (AMD).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › 28-B §512. Inspection of licensed premises; testing and sampling for product quality control

§512. Inspection of licensed premises; testing and sampling for product quality control
1.  Inspections.
A licensee shall submit to an inspection of its licensed premises, including, but not limited to, any places of storage and any locked areas, upon demand and without notice during all business hours and other times of apparent activity by the department, a criminal justice agency or an official authorized by the municipality in which the licensed premises are located.
For the purposes of this subsection, "municipality" has the same meaning as in section 212.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
2.  Testing and sampling for product quality control.
A licensee shall submit to the sampling and testing of adult use cannabis or adult use cannabis products within its possession, upon demand and without notice during all business hours by the department for the purposes of product quality control. The department shall adopt rules governing the sampling and testing of adult use cannabis and adult use cannabis products under this subsection, consistent with the requirements of subchapter 6. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS › 28-B §513. Licensee compliance with regulatory requirements

§513. Licensee compliance with regulatory requirements
A licensee, as a condition of licensure under this chapter, shall comply with all applicable provisions of this chapter and all applicable provisions of the rules adopted pursuant to this chapter.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 6: TESTING OF CANNABIS AND CANNABIS PRODUCTS › 28-B §601. Testing program established

§601. Testing program established
The department shall establish a testing program for adult use cannabis and adult use cannabis products. Except as otherwise provided in this subchapter, the program must require a licensee, prior to selling or distributing adult use cannabis or an adult use cannabis product to a consumer, to submit the cannabis or cannabis product to a testing facility for testing to ensure 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 and to ensure correct labeling. The department shall adopt rules establishing a testing program pursuant to this section, rules identifying the types of contaminants that are injurious to health for which cannabis and cannabis products must be tested under this subchapter and rules regarding the maximum level of allowable contamination for each contaminant. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2021, c. 612, §1 (AMD); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 612, §1 (AMD). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 6: TESTING OF CANNABIS AND CANNABIS PRODUCTS › 28-B §603. Notification requirements

§603. Notification requirements
1.  Notification of testing results required.
If the results of a mandatory test conducted pursuant to section 602 indicate that the tested adult use cannabis or adult use cannabis product exceeds the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required, the testing facility immediately shall quarantine, document and properly destroy the cannabis or cannabis product, except when the owner of the tested cannabis or cannabis product has successfully undertaken remediation and retesting, and within 30 days of completing the test shall notify the department of the test results.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
2.  Notification of testing results not required.
A testing facility is not required to notify the department of the results of any test:
A. Conducted on adult use cannabis or an adult use cannabis product at the direction of a licensee pursuant to section 602 that demonstrates 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;   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B. Conducted on adult use cannabis or an adult use cannabis product at the direction of a licensee for research and development purposes only, so long as the licensee notifies the testing facility prior to the performance of the test that the testing is for research and development purposes only;   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
C. Conducted on cannabis or a cannabis product at the direction of a person who is not a licensee; or   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
D. Conducted on a substance that is not cannabis or a cannabis product.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 6: TESTING OF CANNABIS AND CANNABIS PRODUCTS › 28-B §604. Sample collection for testing

§604. Sample collection for testing
Except as provided in section 604‑A, if a test to be performed by a testing facility is a mandatory test under section 602, an employee or designee of the testing facility or a sample collector must collect the sample required for the test. If a test to be performed by a testing facility is not a mandatory test, the owner of the cannabis or cannabis product, or a designee of the owner, may collect the sample required for the test.   [PL 2019, c. 676, §14 (AMD); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 676, §14 (AMD). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 6: TESTING OF CANNABIS AND CANNABIS PRODUCTS › 28-B §605. Additional testing not required

§605. Additional testing not required
Notwithstanding section 602, a licensee may sell or furnish to a consumer adult use cannabis or an adult use cannabis product that the licensee has not submitted for testing in accordance with this subchapter and rules adopted pursuant to this subchapter if:   [PL 2021, c. 612, §3 (AMD); PL 2021, c. 669, §5 (REV).]
1.  Prior testing.
The cannabis or cannabis product has previously undergone testing in accordance with this subchapter and rules adopted pursuant to this subchapter at the direction of another licensee and that testing 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;
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
2.  Proper documentation.
The mandatory testing process and the test results for the cannabis or cannabis product are documented in accordance with the requirements of this chapter and all applicable rules adopted pursuant to this chapter;
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
3.  Tracking maintained.
Tracking from immature cannabis plant to the point of retail sale has been maintained for the cannabis or cannabis product and transfers of the cannabis or cannabis product to another licensee or to a consumer can be easily identified; and
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
4.  No subsequent processing, manufacturing or alteration.
Since the performance of the prior testing under subsection 1, the cannabis or cannabis product has not undergone any further processing, manufacturing or alteration that would result in an increase in the concentration of any contaminants or factors identified in section 602, subsection 1 or in any rules adopted by the department pursuant to that section.
[PL 2021, c. 612, §4 (AMD); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 612, §§3, 4 (AMD). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 6: TESTING OF CANNABIS AND CANNABIS PRODUCTS › 28-B §606. Coordination with testing program and rules for cannabis and cannabis products for medical use

§606. Coordination with testing program and rules for cannabis and cannabis products for medical use
In adopting rules and regulating the testing of adult use cannabis and adult use cannabis products under this subchapter, the department shall ensure that, when necessary and practicable, the regulation of the testing of adult use cannabis and adult use cannabis products under this subchapter is consistent with the regulation of the testing of cannabis and cannabis products for medical use under the Maine Medical Use of Cannabis Act.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 7: LABELING AND PACKAGING; SIGNS, ADVERTISING AND MARKETING; HEALTH AND SAFETY › 28-B §704. Coordination with labeling and packaging rules for cannabis and cannabis products for medical use

§704. Coordination with labeling and packaging rules for cannabis and cannabis products for medical use
In adopting rules and regulating the labeling and packaging of adult use cannabis and adult use cannabis products under this subchapter, the department shall ensure that, when necessary and practicable, the regulation of the labeling and packaging of adult use cannabis and adult use cannabis products under this subchapter is consistent with the regulation of the labeling and packaging of cannabis and cannabis products for medical use under the Maine Medical Use of Cannabis Act.   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 8: LICENSE VIOLATIONS; PENALTIES › 28-B §801. Department may impose penalty on licensee for license violation; Maine Administrative Procedure Act applies

§801. Department may impose penalty on licensee for license violation; Maine Administrative Procedure Act applies
The department, on its own initiative or on complaint and after investigation, notice and the opportunity for a public hearing, by written order may impose a monetary penalty on a licensee or suspend or revoke the licensee's license for a violation by the licensee or by an agent or employee of the licensee of the provisions of this chapter, the rules adopted pursuant to this chapter or the terms, conditions or provisions of the licensee's license.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
1.  Additional penalties may be imposed.
Any penalties imposed by the department on a licensee pursuant to this subchapter are in addition to any criminal or civil penalties that may be imposed pursuant to other applicable laws or rules.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
2.  Maine Administrative Procedure Act; appeals.
Except as otherwise provided in this subchapter or in rules adopted pursuant to this subchapter, the imposition of a monetary penalty, suspension or revocation on a licensee by the department, including, but not limited to, the provision of notice and the conduct of hearings, is governed by the Maine Administrative Procedure Act. A final order of the department imposing a monetary penalty on a licensee or suspending or revoking the licensee's license is a final agency action, as defined in Title 5, section 8002, subsection 4, and the licensee may appeal that final order to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW).