reglab/statecodes huggingface dataset:
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-9 - REGISTRY IDENTIFICATION CARD

Current through 2024-29, July 17, 2024
A.
Registry
				identification card required.
Persons who are required to register
				pursuant to statute and this rule, must possess a valid registry identification
				card issued by the Department and Maine-issued photographic identification to
				establish proof of authorized conduct. Registry identification cards are issued
				to the applicant to serve as proof of conduct authorized by the Department and
				protections do not extend beyond the approved cardholder. Only the approved
				cardholder may possess the registry identification card issued and the registry
				identification card may not be transferred. Applicants must complete the
				applicable application form and submit the required fees. The Caregiver
				Application and the Employee/Board Member/Principal Officer Application forms
				are available on the Department's website at
http://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/index.shtml
.
1.
Primary caregiver required to
				register.
A primary caregiver who assists a patient who is not a member
				of the primary caregiver's family or household is required to register and
				obtain a registry identification card for each patient. A registered primary
				caregiver may be issued up to a maximum of five registry identification cards.
a. An inpatient hospice or nursing home
				facility that assists a qualifying patient with the medical use of marijuana is
				required to register with the Department.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-10 - COMPLIANCE and ENFORCEMENT

Current through 2024-29, July 17, 2024
A.
Compliance and enforcement.
Compliance and enforcement are governed by
				this rule and the statute. The Department may refer criminal activity that is
				outside the scope of this rule and the statute to law enforcement.
1. An individual who engages in conduct
				authorized by this rule is subject to a review conducted by the Department to
				assess compliance with statute and rule.
2. Submission of an application for a
				registry identification card constitutes permission for a criminal history
				record check and on-site assessments which may include inspections to ensure
				compliance.
3. Any patient, primary
				caregiver or cardholder must comply with the Department's request for evidence
				of authorized conduct and to inspect the premises and records, as appropriate,
				to assess compliance with this rule and the statute.
4. Failure to comply with provisions of
				statute and rule may result in remedial action up to, and including, directed
				corrective action; suspension, revocation and denial of a registry
				identification card or registration certificate; civil penalties; and referral
				to the appropriate agency, department or entity if the conduct is determined to
				be outside the scope of MMMP, is not appropriate for agency directed corrective
				action, or has not been rectified through correction action.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-11 - INPATIENT HOSPICE AND NURSING FACILITIES

Current through 2024-29, July 17, 2024
A.
Voluntary participation of
				facility.
Inpatient hospice providers and nursing facilities may
				voluntarily participate in the Maine Medical Use of Marijuana Program, in
				accordance with this rule and the statute to assist qualifying patients who use
				marijuana for medical purposes. Nothing in this rule compels an inpatient
				hospice program or nursing facility to permit marijuana for medical use at the
				facility by a qualifying patient. Only the inpatient hospice program or nursing
				facility assisting the patient with the administration of marijuana for medical
				use is required to be designated by the patient and register as a cardholder.
1.
Home hospice programs.
Home
				hospice programs are not subject to this rule and the statute. Only inpatient
				hospice programs are permitted to be a designated MMMP primary caregiver.
				However, in accordance with this rule and the statute, a qualifying patient may
				designate the individual home hospice employee who provides hospice care to the
				patient to also be his or her MMMP-designated primary caregiver, if the
				employer's policies allow.
2.
MMMP participation provisions are separate from licensing
				provisions.
The requirements for MMMP participation are subject to the
Maine Medical Use of Marijuana Act
and this rule, not facility
				licensing laws.
a.
MMMP and licensing
				documentation kept separate.
MMMP documentation shall not be included in
				the medical record, chart or medication administration record (MAR) that is
				required under facility licensing laws. A qualifying patient's MMMP record must
				be maintained at the facility as a separate record and shall include, but is
				not limited to, the inventory record, and documentation of marijuana
				administration.
3.
Facility registration required
Prior to assisting a patient
				residing in the facility, inpatient hospice providers and nursing facilities
				must submit a Department-approved Primary Caregiver Application form to become
				a registered primary caregiver in the Maine Medical Use of Marijuana Program.
				There is no application or renewal fee.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-2 - Authorized Manufacturing; Patient, Caregiver and Dispensary Conduct

Current through 2024-29, July 17, 2024
2.1 - Authorized Marijuana Manufacturing
2.1.1.
Limited Authorization.
A
				person or entity may not manufacture marijuana products or marijuana
				concentrate for medical use, including all forms and derivatives of the
				cannabis plant cultivated under 22 MRS, chapter 558-C, in whole or in part,
				except as explicitly authorized by and in accordance with this rule.
A. A qualifying patient, caregiver or
				registered dispensary may manufacture marijuana to produce marijuana product
				and marijuana concentrate for medical use as authorized in accordance with this
				rule, including limits on possessing and transferring marijuana and marijuana
				products for medical use.
B. A
				person or entity who is not a qualifying patient, caregiver or dispensary is
				required to apply for manufacturing facility registration to be authorized to
				manufacture marijuana for medical use. The person or entity not otherwise
				authorized to possess and manufacture marijuana for medical use may apply for a
				tier 1 or tier 2 manufacturing facility registration.
C. A caregiver or dispensary must apply for a
				manufacturing facility registration to manufacture marijuana for medical use on
				behalf of another caregiver or dispensary or to manufacture marijuana that is
				donated or acquired by wholesale.
D. An inherently hazardous substances
				registration (IHS registration) is required for any person or entity using
				inherently hazardous substances to extract marijuana, including a qualifying
				patient, exempt caregiver, or a freestanding person or entity. A tier 1 or 2
				manufacturing facility is only authorized to extract with inherently hazardous
				substances if it also has an IHS registration.
E. Any natural person, including but not
				limited to officers or directors and assistants or employees, involved in
				manufacturing under these rules is required to hold a registry identification
				card as specified under
				22 MRS
				§2425-A(2) and
				22
				MRS
				§2423-F(8)(B).
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-3 - Authorized Manufacturing Conduct for Tier 1 and Tier 2 Manufacturing Facilities and IHS Registrants

Current through 2024-29, July 17, 2024
The marijuana facility applicant must fulfill the following
				  general requirements to apply for and annually renew a registration with the
				  Department for manufacturing marijuana for medical use. Unless otherwise
				  specified, all requirements of this section apply to tier 1 and tier 2
				  marijuana manufacturing facilities; patients, caregivers, dispensaries, and
				  free-standing entities using inherently hazardous substances; and caregivers
				  and dispensaries that manufacture marijuana or marijuana products on behalf of
				  other authorized entities. Only facilities located and operating within the
				  State of Maine may apply for registration. A marijuana manufacturing
				  registration issued by the Department does not authorize the facility to
				  cultivate marijuana or engage in retail sales of marijuana, nor does it exempt
				  the facility from electrical permitting and inspection or food establishment
				  licensing requirements.
3.1 General
				Provisions
3.1.1.
General Requirements
				for Manufacturing Facility and Inherently Hazardous Substance Use
				Registration
A. Applications for
				registration must be in the name of the proprietors, partners, or corporation
				that directly owns the business. Applicants must be truthful on all application
				forms, attachments, and additional information required by the
				Department.
B. A marijuana
				manufacturing registration or inherently hazardous substances registration may
				not be issued unless the applicant has:
(1)
				Provided a valid form of identification, verifying the applicant(s) is age 21
				or older;
(2) Completed all
				application forms prescribed by the Department;
(3) Paid all required fees;
(4) Submitted to a criminal history check
				conducted within the most recent 12 months for the applicant, and all principal
				owners, board members and assistants;
(5) Demonstrated that the applicant has
				received local authorization to conduct manufacturing activities and/or use
				inherently hazardous substances if required by 22 MRS, chapter 558-C and these
				rules; and
(6) Provided all
				additional documentation and information required by the application or
				Department.
C. A
				registration is valid only after the person or entity completes any enrollment
				process required by the Department, including payment of required fees and
				costs associated with use of the track and trace system.
D. A person required to register as a
				manufacturing facility or obtain an inherently hazardous substances
				registration must obtain a Department-issued registry identification card. If
				an entity, all facility directors, principal officers, board members, principal
				owners, employees and assistants must obtain a registry identification card.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-4 - Inherently Hazardous Substances

Current through 2024-29, July 17, 2024
Extraction of medical marijuana shall be permitted as stated
				  below and in accordance with this rule. All other extraction methods and
				  substances are forbidden.
4.1 -
				Extraction Methods Extraction of medical marijuana shall be permitted as stated
				below and in accordance with this rule. All other extraction methods and
				substances are forbidden.
4.1.1
Generally safe extraction methods.
The Department permits, without
				an inherently hazardous substance registration, the following generally safe
				extraction methods, so long as they are done by a person or entity authorized
				pursuant to this rule:
A. Mechanical
				extraction using:
(1) Potable water and ice
				made from potable water;
(2) Dry
				screening or sieving;
(3) Cryogenic
				or subzero manufacturing not involving a solvent; or
(4) Pressure and temperature.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-5 - Registered Manufacturing Facility Policies and Procedures

Current through 2024-29, July 17, 2024
5.1 -
Standard Operating
				Procedures
A. Each registered
				manufacturing facility must maintain written standard operating procedures that
				are easily accessible to on-site personnel for each product or concentrate it
				manufactures.
(1) Standard operating
				procedures must be available for review on-site when requested by the
				Department.
(2) Those procedures
				that the facility considers a trade secret must be clearly identified by the
				facility. The Department may consider specified trade secrets confidential if
				it determines such procedures meet the definition of trade secrets in
				10 MRS
				§1542(4), except
				procedures or practices that are determined hazardous to public health and
				safety and violate authorizations of the Act are not trade secrets.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-6 - Manufacturing Facility Security Requirements

Current through 2024-29, July 17, 2024
6.1 - Security
A. The manufacturing facility must develop
				and implement security protocols that can ensure the security and tracking of
				marijuana on the premises, and prevent diversion, theft and loss of medical use
				marijuana.
B. The security
				protocol must be documented in writing and available to all registered
				manufacturing facility personnel during normal business hours.
C. The manufacturing facility must ensure
				that personnel have a thorough understanding of the security protocol and must
				take disciplinary action against any owner, officer, assistant or board member
				who negligently or willfully violates the security
				protocol.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-7 - Manufacturing Facility Organization

Current through 2024-29, July 17, 2024
7.1 -
				Responsibilities of Management
A. A
				manufacturing facility must designate a manufacturing facility director who is
				responsible for ensuring the facility operates in compliance with this rule. If
				the manufacturing facility is owned by a qualifying patient or caregiver, the
				owner must be designated as the facility director.
B. A registered manufacturing facility with
				more than 5 assistants must identify a principal officer in addition to the
				facility director.
C. The
				management shall ensure that a person-in-charge, who can cooperate with any
				inspection, on-site assessment or complaint response, is present on the
				premises of any manufacturing facility during hours of operation or apparent
				activity.
D. A registrant,
				manufacturing facility director, principal officers and person-in -charge are
				responsible for the management of the manufacturing facility and supervision of
				its assistants.
E. Registry
				identification cards are required for all proprietors, partners, board members,
				facility directors, principal officers and assistants pursuant to 22 MRS,
				chapter 558-C. A registry identification card may not be issued to any person
				who has not attained 21 years of age.
F. A registered manufacturing facility must:
(1) Define the responsibilities of key
				personnel in the organization who have a management role; and
(2) Have policies and procedures to ensure
				the protection of its qualifying patients' confidential information, including
				procedures for protecting the electronic storage of confidential
				information.
G. A
				manufacturing facility with an inherently hazardous substances registration
				must define the responsibilities of key personnel in the organization who will
				be engaged in extraction using inherently hazardous
				substances.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-8 - Packaging, Labeling and Marketing Manufactured Marijuana

Current through 2024-29, July 17, 2024
Packaging and labeling for all transfers, including
				  wholesale, must specify content and declare the quantity of contents in terms
				  of weight, measure or count; list the registry identification card number and
				  registry identification number of the source, if applicable; date of transfer;
				  the identifier(s) required for the Department's monitoring system, if any; and
				  results of any required testing conducted by a licensed marijuana testing
				  facility, if any. Marijuana for medical use on the premises, whether in
				  process, stored or displayed, must be secure, measured and distinguishable from
				  other products. Packaging and labeling must be in accordance with
				  22
				  MRS §§2423-F and
				  2430-G.
8.1 -
Packaging Requirements
A
				registered caregiver, dispensary or manufacturing facility must package all
				marijuana products and marijuana concentrates prior to transfer to a qualifying
				patient. The packaging must:
A. Be
				tamper-evident and maintain an unbroken seal;
B. Completely enclose the entirety of
				marijuana product or concentrate;
C. Contain labeling on an easily identifiable
				portion of the packaging as specified in Section 8.2 of this rule; and
D. Conform to packaging and
				labeling requirements under applicable licenses held by the manufacturing
				facility, including required food establishment licenses, if any.
However, nothing in these rules shall be construed to
				  prohibit the packaging of marijuana products or concentrates in reusable
				  packaging provided to the registered caregiver, dispensary, or manufacturing
				  facility by a qualifying patient for the packaging of marijuana products or
				  marijuana concentrates for use by that same qualifying patient, so long as such
				  packaging conforms with the requirements above.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-9 - Required Testing of Manufactured Marijuana

Current through 2024-29, July 17, 2024
A person or entity required to register to manufacture
				  marijuana for medical use, including a manufacturing facility or anyone using
				  inherently hazardous substances, may be subject to testing requirements
				  established by the Department. Testing conducted by a marijuana testing
				  facility licensed by the Department is considered valid 3rd party testing to
				  verify product labels and is acceptable for required testing.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-10 - Manufactured Marijuana Sampling Requirements

Current through 2024-29, July 17, 2024
10.1 -
Sampling Procedures
A. A registered manufacturing facility, and
				IHS registrants must have written standard operating procedures for submitting
				a sample to a marijuana testing facility which must include:
(1) Attaching a label with the date the
				sample was taken and identified product batch;
(2) Obtaining a homogenous sample from a
				marijuana product and concentrate in its final form prepared for medical
				use;
(3) Procedures for determining
				the volume of sample to be collected from each production batch;
(4) Methods for obtaining a random sample
				from each production batch of a marijuana product or concentrate in its final
				form that is representative of the batch;
(5) Procedures for maintaining chain of
				custody forms of the sample;
(6)
				Factors such as storage, environmental conditions and transportation of the
				batch or sample; and
(7) A policy
				for retaining all documents used in each part of the sampling process and all
				sampling chain of custody forms. The documents are required for each batch
				sampled.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-11 - Remediation of Manufactured Marijuana

Current through 2024-29, July 17, 2024
A registered manufacturing facility or IHS registrant may be
				  permitted to remediate a batch of marijuana product or concentrate when the
				  sample tested exceeds the allowable level for residual solvents, or fails
				  potency testing or visual inspection for filth and foreign materials.
A. If a marijuana product or marijuana
				concentrate has failed a residual solvent test or a visual inspection for filth
				and foreign materials, it may be destroyed or remediated in accordance with
				this rule and the marijuana testing facility's standard, and in a manner that
				safely and effectively addresses the reason for the failed test
				result.
B. If as test is required
				by the Department, any manufactured marijuana that is remediated after a failed
				test must be re-sampled and tested again by a licensed marijuana testing
				facility before the marijuana product or concentrate may be
				transferred.
C. When informed of a
				failed residual solvent test or visual inspection for filth and foreign
				materials on a marijuana product or marijuana concentrate, the manufacturing
				facility must remediate or destroy all the failed sample batch and any
				marijuana products or marijuana concentrate that reasonably would have the same
				issues.
D. A registered
				manufacturing facility may only transfer marijuana products or marijuana
				concentrates that have failed testing to another manufacturing facility for
				remediation purposes. The sending manufacturing facility must disclose the
				failure to the receiving manufacturing facility prior to transfer and provide
				the test report.
E. Any registered
				manufacturing facility engaging in remediation must have standard operating
				procedures for detecting and removing solvents, filth and foreign materials,
				and harmful contaminants from a marijuana concentrate or product.
F. A registered manufacturing facility may
				not remediate a marijuana product or concentrate when the product or
				concentrate failed any test for microbials or metals required by the
				Department.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-12 - General Reporting Requirements for Manufacturing Facilities

Current through 2024-29, July 17, 2024
A. A manufacturing facility must submit the
				following information to the Department on an annual basis electronically if
				the Department has implemented a track and trace software system, or if
				requested by the Department, on forms provided by the Department:
(1) A current list of the names of all
				owners, partners, board members, principal officers, assistants;
(2) Annual revenue for the last fiscal
				year;
(3) The number of samples
				tested by a marijuana testing facility, number of samples that failed testing
				standards, number of batches destroyed and number of batches
				remediated;
(4) Any standard
				operating procedures added or modified during the year; and
(5) Results of the annual internal audit
				conducted by the manufacturing facility.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-13 - Waste Disposal Requirements

Current through 2024-29, July 17, 2024
A. A registered
				manufacturing facility must account for and dispose of all marijuana waste in a
				manner that prevents unlawful diversion and does not violate any other
				applicable federal, state or local laws and regulations governing the handling
				of waste.
B. All marijuana waste
				must be weighed and recorded from the time it becomes waste until the time it
				is disposed of in a secured receptacle in the registrant's
				possession.
C. Marijuana waste must
				be rendered unusable and indistinguishable from non-marijuana waste by breaking
				up, grinding, unpackaging, combining and mixing with other solid
				waste.
D. Once marijuana waste is
				rendered unusable and indistinguishable, it must be placed in a secured
				receptacle in registrant's possession until it is disposed of in compliance
				with all federal, state and local laws and regulations.
E. A registered manufacturing facility may
				not dispose of marijuana waste in any other way unless such disposal is in
				conformance with another method approved by the Department or its
				designee.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 4 - Marijuana Manufacturing Facilities › Section 691-4-14 - Enforcement

Current through 2024-29, July 17, 2024
14.1 -
General Provisions
A. Unless otherwise specified, the Compliance
				and Enforcement procedures specified in 10-144 CMR, chapter 122, section 10
				also apply to manufacturing facilities. Any conduct not authorized under this
				rule or Chapter 122 is prohibited. If there is a conflict between Chapter 122
				and this rule, this rule applies.
(APA Office Note: 10-144 chapter 122
				has been relocated to 18-691 chapter 2.)
B. Any person or entity required to enroll in
				the track and trace system or register as a manufacturing facility under this
				rule has 60 days from the effective date of this rule to enroll and complete an
				application and obtain local approval. After that time no person or entity may
				manufacture marijuana or make concentrates using IHS except as permitted in
				this rule.
C. Conduct not
				authorized is prohibited. Violation of these rules or of 22 MRS, chapter 558-C
				may result in compliance and enforcement actions including directed corrective
				action; suspension, revocation and denial of a registry identification card or
				registration certificate; civil penalties; and referral to the appropriate
				agency, department or entity if the Department determined that the conduct is
				not appropriate for agency directed corrective action or the violation or
				deficiency has not been rectified through corrective
				action.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-1 - Cannabis Testing Facility Certification Program Established

Current through 2024-29, July 17, 2024
Section 1.1 - Statutory Authority
The Department of Administrative and Financial Services
				  (referred to heretofore as DAFS), acting through its Office of Cannabis Policy
				  (referred to heretofore as OCP), has promulgated the following rule in
				  accordance with the statutory authority provided in
				  28-B
				  MRS §104, in order to mitigate potential
				  threat to public health and safety following emergency legislative action, for
				  the purpose of implementing, administering and enforcing the provisions of 28-B
				  MRS, chapter 1. The Department of Health and Human Services (referred to
				  heretofore as DHHS), acting through its Center for Disease Control and
				  Prevention (referred to heretofore as the CDC) shall implement the
				  certification program described herein in accordance with the statutory
				  authority provided in
				  22
				  MRS §569.
Section 1.2 - Department Authority
DAFS and DHHS, through the CDC, may enforce this Rule and any
				  relevant provisions of Titles 4, 5, 22 and 28-B, and any other general
				  statutes, laws, executive orders or subsequently passed legislation. DAFS shall
				  set licensing fees in accordance with
				  28-B MRS
				  §207, and CDC shall set certification
				  and technology fees in accordance with
				  22
				  MRS §569. DAFS, DHHS or an agent thereof
				  shall have the authority to inspect, during operating hours, times of apparent
				  activity or any other reasonable time, any cannabis testing facility and its
				  business records. DAFS shall further have the authority to inspect, during
				  operating hours, times of apparent activity or any other reasonable time,
				  vehicles used to transport cannabis or cannabis products to a cannabis testing
				  facility. Approval by the CDC of the plans, standard operating procedures,
				  financial and business arrangements or other documents and information provided
				  for certification by the CDC during the certification process does not
				  constitute approval by DAFS for the purposes of licensure pursuant to the
Adult Use Cannabis Program Rule,
18-691 CMR, ch.
				  1.
Section 1.3 -
				Communication with DAFS and/or DHHS
1.3.1
Written Communications
. If an applicant or licensee is required to
				or elects to submit anything in writing to DAFS or DHHS, unless otherwise
				prescribed by DAFS or DHHS, the applicant or licensee may submit the writing to
				DAFS or DHHS via:
A. Mail;
B. In-person delivery;
C. Facsimile; or
D. E-mail.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-2 - General CDC Certification and ISO/IEC 17025: 2017 Accreditation Requirements Prior to Issuance of a Cannabis Testing Facility License

Current through 2024-29, July 17, 2024
Section 2.1 - Certification of Cannabis
				Testing Facility Required Prior to Issuance of a Full Active or Provisional
				Active License A cannabis testing facility must obtain certification by DHHS,
				CDC, as described in this Rule, before DAFS, OCP will issue to that cannabis
				testing facility a full active or provisional active license.
2.1.1.
Cannabis Testing Facility
				General Requirements.
The cannabis testing facility must:
A. Be an entity that can be held legally
				responsible;
B. Carry out its
				testing activities in such a way as to meet the requirements of this rule and
				to meet the needs of clients in accordance with the cannabis testing facility's
				quality assurance manual;
C. Employ
				technical management and personnel who, irrespective of other responsibilities,
				have the authority and resources needed to carry out their duties and identify
				departures from the management system and initiate actions to prevent or
				minimize such departures;
D. Use
				personnel employed by, or under contract to, the cannabis testing facility, and
				where contracted and additional technical and key support personnel are used,
				ensure that such personnel are supervised and competent and that they work in
				accordance with the cannabis testing facility's quality system;
E. Have a written policy that, as indicated
				by signature, ensures management and personnel are free from any undue internal
				and external commercial, financial and other pressures and influences that may
				adversely affect the quality of their work or diminish confidence in its
				competence, impartiality, judgement or operational integrity. Submission of
				this policy for the purposes of certification does not fulfill licensing
				requirements regarding undue influence evaluated by OCP, such information will
				be evaluated by OCP independent of any assessment made by the CDC;
F. Have policies and procedures to ensure the
				protection of its clients' confidential information and proprietary rights,
				including procedures for protecting the electronic storage and transmission of
				results;
G. Authorize specific
				personnel to perform particular types of sampling, if applicable, and
				environmental testing, issue test reports, give opinions and interpretations
				and operate particular types of equipment; and
H. Authorize specific personnel to maintain
				document control policies, chain of custody forms for each sample tested and
				control access to certificate of analysis data.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-3 - Certification of Testing Facilities

Current through 2024-29, July 17, 2024
Section 3.1 -
				Certification Required A cannabis testing facility may test cannabis or
				cannabis products only if it holds a current certification from DHHS, CDC.
				Initial certification will be for a period of 1 year, and annual
				recertification is required.
3.1.1.
Applications must meet all CDC requirements.
A. At a minimum, the application for
				certification must include:
(1) The name of
				the facility director in charge of the cannabis testing facility and each
				employee's qualifications or job descriptions;
(2) Resumes that document appropriate
				experience and education, including college transcripts and evidence of a
				completed degree, for personnel specified in section
				4;
(3) A quality assurance manual, meeting the
				specifications of subsection 3.2;
(4) Standard operating procedures, meeting
				the specifications of subsection 3.3; and
(5) The fields of testing for which the
				applicant seeks provisional certification or certification using the technology
				analyte table (TAT) maintained by the program and proof of ISO/IEC 17025:2017
				or most recent version accreditation for such fields of testing or, if applying
				for a provisional certification, proof that the applicant has submitted an
				approved application for ISO/IEC 17025:2017 or most recent version
				accreditation for such fields of testing.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-4 - Required Cannabis Testing Facility Personnel, Training and Supervision

Current through 2024-29, July 17, 2024
Section 4.1 - Required Personnel
Certification requires a cannabis testing facility to employ
				  a qualified facility director and sufficient cannabis testing facility analysts
				  and staff to handle the anticipated volume of testing. The cannabis testing
				  facility must either employ a qualified quality assurance officer (QAO) or
				  designate the facility director to fulfill that role. The cannabis testing
				  facility must ensure that a testing facility director or QAO meeting the
				  requirements of this rule is onsite and available during the hours of operation
				  indicated on the facility's operating plan.
4.1.1.
General requirements.
A. All management of the cannabis testing
				facility and performance of required testing and related activities must be
				performed by personnel who meet the required educational and experience
				requirements.
B. Only degrees
				issued by, or courses completed at, an accredited college or university may
				fulfill the educational requirements of this section.
C. To meet practical laboratory experience
				requirements, prior work experience must:
(1)
				Have involved full-time work of 30 or more hours per week;
(2) Not have been completed as part of any
				educational requirement, even if it did not lead to the conferring of a degree;
				and
(3) Have taken place in a
				laboratory or cannabis testing facility performing analytical scientific
				testing in which the testing methods are or were recognized by a
				laboratory-accrediting body.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-5 - Samples for Testing and Research

Current through 2024-29, July 17, 2024
A cannabis testing facility may offer a service to collect
				  samples for mandatory testing from a licensee. A cannabis testing facility may
				  contract with or otherwise accept samples for mandatory testing from a sample
				  collector licensed pursuant to Title 28-B and 18-691 CMR, ch. 1. A cannabis
				  testing facility may accept samples for mandatory testing from a self-sampling
				  licensee authorized to collect samples pursuant to Title 28-B and 18-691 CMR,
				  ch. 1. All samples for mandatory testing must be collected in accordance with
				  Title 28-B, 18-691 CMR, ch. 1 and this Rule.
Section 5.1 - Samples for Mandatory Testing
				or Research and Development
5.1.1.
Authorized collection of samples.
In accordance with
				28-B MRS
				§§604 and
				604-A,
				all samples for mandatory testing under this Rule must be collected by:
A. An employee of the testing
				facility;
B. A licensed sample
				collector; or
C. A self-sampling
				licensee, collecting samples of cannabis or cannabis products cultivated,
				manufactured or otherwise produced by that licensee in compliance with all
				requirements of 18-691 CMR, ch. 1.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-7 - Recordkeeping Requirements

Current through 2024-29, July 17, 2024
Section 7.1 -
				Recordkeeping Requirements
A. The cannabis
				testing facility must maintain analytical records to demonstrate to the CDC the
				following: the analyst's name; date of analysis; approver of the certificate of
				analysis and relevant data package; the test method; and the materials used.
(1) Cannabis testing facility recordkeeping
				may be on paper or on electronic, magnetic or optical media and must be stored
				in such a way that the data are readily retrieved when requested by the OCP or
				the CDC.
(2) If the cannabis
				testing facility recordkeeping is not on paper, the cannabis testing facility
				must be able to produce them in hard copy for OCP or the CDC, upon
				request.
(3) All cannabis testing
				facility records must be kept for a minimum of five years.
(4) OCP and the CDC must be allowed access to
				all electronic data, including standards records, calibration records,
				extraction logs, cannabis testing facility notebooks and all other cannabis
				testing facility-related documents listed below.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-8 - Waste Disposal Plan

Current through 2024-29, July 17, 2024
Section 8.1 - Waste
				Disposal SOP required
In addition to the SOPs required in Section
				  3 of this rule, a cannabis testing
				  facility must possess and follow written SOPs for the disposal of samples,
				  digestates, leachates and extracts or other sample preparation products. All
				  waste must be managed according to the following requirements:
A. Solid waste, as defined in the
Maine Hazardous Waste, Septage and Solid Waste Management Act
,
				38 MRS
				§1303-C(29), must be
				managed in accordance with the
Solid Waste Management Rules
,
				06-096 CMR, Ch. 400-425.
B. The
				cannabis testing facility must destroy nonhazardous used or unused cannabis
				test samples in accordance with the facility's standard operating procedure and
				this rule.
C. To render cannabis
				goods into cannabis waste, the cannabis testing facility must add the cannabis
				to other material not suitable for human consumption (e.g. agricultural manure
				suitable for composting, other compostable material) and mix it thoroughly. The
				resulting mixture must be at least 50% non-cannabis material. Licensees must
				render goods into cannabis waste one batch at a time and track that batch
				through its disposal in the statewide inventory tracking system.
D. It is unlawful for any cannabis testing
				facility to dispose of cannabis goods or waste in a trashcan, dumpster or other
				similar receptacle, unless the nonhazardous goods or waste is composted and
				made unusable as described in this section. Testing facilities are required to
				quarantine cannabis goods on the premises for at least 3 business days to
				permit OCP time to investigate or witness the destruction process.
E. The cannabis testing facility must
				document the quarantine, rendering into cannabis waste, and disposal or
				deposition of the cannabis waste. A cannabis testing facility may retain and
				utilize cannabis and cannabis products for use as standards or for method
				development.
F. Hazardous wastes,
				as defined by
				38 MRS
				§1303-C(15), with the
				exception of infectious and pathogenic wastes, and in 06-096 CMR, Ch. 850, must
				be managed in accordance with Maine's Standards for Hazardous Waste Facilities
				Rules, Interim Licenses for Waste Facilities for Hazardous Wastes Rules,
				Licensing of Hazardous Waste Facilities Rules and Hazardous Waste Manifest
				Requirements (See 06-096 CMR, Chs. 850-857).
G. If there is a conflict between another
				applicable rule or regulation and this rule, the more restrictive requirement
				applies.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-9 - Changes to Cannabis Testing Facility Operations

Current through 2024-29, July 17, 2024
Section
				9.1 - Post-Certification Change Notification
A. The cannabis testing facility must provide
				OCP and the CDC with a written notice of any change described below at least
				thirty calendar days prior to the proposed effective date of the change:
(1) Change in ownership of the cannabis
				testing facility as defined in Section
				2 of this rule;
(2) Change in the cannabis testing facility's
				facility director or QAO;
(3)
				Changes in the approved location for an analysis;
(4) Major changes in analytical
				equipment;
(5) Change to approved
				premises floor plan submitted to OCP in the cannabis testing facility's license
				application, including without limitation proposed premises
				expansion;
(6) Discontinuation of,
				or failure to launch, cannabis testing facility activities.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-10 - Denial, Suspension, Limitation or Revocation of Certification by the CDC

Current through 2024-29, July 17, 2024
Section 10.1 -
				Denial, Suspension or Revocation of Provisional Certification
A. The CDC may suspend a provisional
				certification if the provisional licensee fails to obtain ISO/IEC 17025:2017 or
				most recent version accreditation within the period of the original provisional
				certification.
B. The CDC shall
				revoke a provisional certification if the provisional licensee is denied
				ISO/IEC 17025:2017 or most recent version accreditation.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-11 - Certification Fees for Testing Facilities

Current through 2024-29, July 17, 2024
Section
				11.1 - CDC Certification Fees
The following fees are required for cannabis testing
				  facility certification. However, these fees are subject to an annual maximum of
				  $2,500 per cannabis testing facility.
A. Provisional Certification: A cannabis
				testing facility that has applied for but has not yet obtained ISO/IEC
				17025:2017 or most recent version accreditation is required to pay a base fee
				of $1,250 plus appropriate technology fees to apply for a provisional
				certification.
B. Full
				Certification: The CDC shall issue full certification to a cannabis testing
				facility holding provisional certification in good standing once the cannabis
				testing facility provides proof of ISO/IEC 17025:2017 or most recent version
				accreditation and pays an application fee of $500.
C. Full Certification without Provisional
				Certification: An applicant that has received ISO/IEC 17025:2017 or most recent
				version accreditation but does not have provisional certification may apply for
				full certification directly. The cannabis testing facility is required to pay
				an application fee of $1,000 for initial certification, plus applicable
				technology fees.
D. Renewal: The
				cannabis testing facility is required to pay an annual application fee of
				$1,000 plus appropriate technology fees to apply for annual
				recertification.
E. Technology
				fees: An applicant must pay the fees listed in Table 11.1-A for each technology
				certified.
Table 11.1-A. Technology Fees
Analyte
							 Category
Technology
							 Fee
Microbiological
Contaminants
Visual Inspection
Water Activity
$50 per technology
Metals
$125 per technology
Solvents
Pesticides
Cannabinoids
$150 per technology
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 100 - ECONOMIC / COMMUNITY DEVELOPMENT › Chapter 1 - MUNICIPAL TAX INCREMENT FINANCING RULE › Section 100-1-3 - APPLICATION REQUIREMENTS - DOWNTOWN TIF DISTRICT

Current through 2024-29, July 17, 2024
A.
GENERAL
A municipality wishing to use municipal tax increment
				  financing to fund a development program for a downtown tax increment financing
				  district shall submit to the Department an original and three copies of an
				  application that satisfies the requirements of this section. The municipality
				  shall include with the application any additional information the Department
				  may require.
B.
CONTENTS
An application for approval of designation of a downtown tax
				  increment financing district must contain the following:
1. All items specified in sections 2B, 3, 4
				and
2. A comprehensive downtown
				redevelopment plan approved by the legislative body of the
				municipality.