2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 1: GENERAL PROVISIONS › 28-B §105. Tracking system

§105. Tracking system
The department shall implement and administer a system, referred to in this section as "the tracking system," for the tracking of cannabis plants, adult use cannabis and adult use cannabis products from immature cannabis plant to the point of retail sale, return, disposal or destruction. The tracking system must allow for cannabis plants at the stage of cultivation and upon transfer from the stage of cultivation to another licensee to be tracked by group. The department may implement a tracking system that allows adult use cannabis or adult use cannabis products to be tracked by group.   [PL 2023, c. 396, §1 (AMD).]
The department shall ensure that the system implemented and administered under this section, whether tracking individually or by group, maintains a detailed record at every stage from immature cannabis plant to the point of retail sale, return, disposal or destruction.   [PL 2023, c. 396, §2 (AMD).]
1.  Data submission requirements.
The tracking system must allow licensees to submit tracking data for adult use cannabis or adult use cannabis products to the department through manual data entry or through the use of tracking system software commonly used within the cannabis industry as determined by the department.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
1-A.  Group tracking.
Cannabis plants at the same stage of growth that are of the same varietal or cultivar of the plant genus Cannabis may be tracked by group if they:
A. Are planted in the same specific area at the same time;   [PL 2021, c. 628, §1 (NEW).]
B. Are transplanted to the same specific area at the same time; or   [PL 2021, c. 628, §1 (NEW).]
C. Include cannabis plants that were planted in a specific area and cannabis plants that were transplanted to the same specific area.   [PL 2021, c. 628, §1 (NEW); PL 2021, c. 669, §5 (REV).]
For cannabis plants that are tracked as a group, a licensee shall designate the square footage of the specific area in which the plants are planted or transplanted. Cannabis plants may not be tracked as a group unless they are intended for harvest as a group.
[RR 2021, c. 2, Pt. A, §106 (COR).]
1-B.  Tagging.
A licensee shall affix a tag containing the identifying information required by the department by rule to each group of cannabis plants tracked under this section. The department may not require cannabis plants that are being tracked as a group to be individually affixed with a tag during cultivation or transfer to another licensee.
[PL 2021, c. 628, §1 (NEW); PL 2021, c. 669, §5 (REV).]
1-C.  Group transfers.
When a group of cannabis plants tracked under this section is transferred to another licensee, the licensee transferring the group of cannabis plants must provide a manifest that lists every cannabis plant within the group and any other relevant information required by the department by rule.
[PL 2021, c. 628, §1 (NEW); PL 2021, c. 669, §5 (REV).]
2.  Rules.
The department shall adopt rules regarding the implementation and administration of the tracking system and tracking requirements for licensees. Rules adopted under this section must include, but are not limited to, the following:
A. Record-keeping requirements for the tracking of cannabis plants when tracked individually and when tracked by group; and   [PL 2021, c. 628, §1 (NEW); PL 2021, c. 669, §5 (REV).]
B. Record-keeping requirements necessary to ensure the department's ability to implement a recall for reasons related to health and safety when tracking cannabis plants individually or by group.   [PL 2021, c. 628, §1 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2021, c. 628, §1 (AMD); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 628, §1 (AMD). PL 2021, c. 669, §5 (REV). RR 2021, c. 2, Pt. A, §106 (COR). PL 2023, c. 396, §§1, 2 (AMD).