Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-10 - Enforcement

Current through 2024-29, July 17, 2024
10.1 - Department Enforcement Authority
10.1.1
Inspection of Cannabis
				Establishments and Premises.
A cannabis establishment licensee must
				provide the Department, or agent thereof, access to inspect a cannabis
				establishment and premises at any time during the business hours stated on the
				facility plan of record of the cannabis establishment or during apparent
				activity. Licensees shall not deny entrance for inspection, upon demand and
				without notice required, during any business hours and other times of apparent
				activity, or at any other time upon reasonable notice. In any case, the
				licensee shall ensure there is an individual identification card holder at the
				cannabis establishment to accompany the agent of the Department during the
				inspection. Licensees shall permit staff or agents of the Department and
				employees or agents of local or state agencies with regulatory authority access
				to inspect the cannabis establishment and premises in accordance with the
				statutes, regulations and operating procedures employed by those regulatory
				bodies. If a licensee denies the agent of the Department access to a licensed
				premise, the Department may put an administrative hold on the cannabis
				establishment license and may impose fines, suspensions or revocation of that
				license.
10.1.2
Routine or
				Random Inspection or Audit of Sample Collection by Licensees.
The
				Department may, with or without suspicion of infractions, conduct inspection or
				audit of any licensee's sample collection practices in accordance with Section
				10.5.2 of this rule.
10.1.3
Investigation.
The Department may, as a result of a complaint
				filed with the Department, or as a result of its administration of the program,
				investigate suspected infractions by licensees to any provision of 28-B MRS or
				this rule. Infractions that may be investigated include, without limitation:
A. Failure to comply with facility plan of
				record;
B. Failure to properly
				report inventory in the inventory tracking system;
C. Unauthorized transfers of
				cannabis;
D. Failure to disclose or
				properly report changes to the record of officers, directors, managers, general
				partners or natural persons or business entities having a direct or indirect
				financial interest in the licensee or the nature of such direct or indirect
				financial interests;
E. Failure to
				comply with any conditions required by a municipality, town, plantation,
				township or county commission for approval of the license;
F. Use of prohibited pesticides in
				cultivation of cannabis;
G. Any
				violation of the rules and regulations as set forth by the Department;
				or
H. Any conduct by a cannabis
				establishment licensee not authorized by 28-B MRS or this
				rule.
10.1.4
Enforcement Actions.
A. The
				Department may take the following actions against licensees, alone or in
				combination, subject to the requirements of this Section:
(1) Impose monetary penalties;
(2) Restrict a license;
(3) Suspend a license;
(4) Revoke a license;
(5) Accept the voluntary surrender of a
				license;
(6) Confiscate or seize
				cannabis plants, cannabis or cannabis products;
(7) Destroy cannabis plants, cannabis or
				cannabis products;
(8) Recall
				cannabis or cannabis products; or
(9) Accept the voluntary surrender of
				cannabis plants, cannabis or cannabis products.
B. The Department may revoke an individual
				identification card for any violation of 28-B MRS or this rule.
10.1.5
Procedures for
				Enforcement Actions.
A. The Department
				may, on its own initiative or on complaint and after investigation, initiate
				enforcement actions, notwithstanding any other criminal, civil or
				administrative proceedings against the licensee.
B. The Department will initiate an
				enforcement action with written notice to the licensee, which will include
				notice to the licensee regarding their right to a hearing pursuant to the Maine
				Administrative Procedures Act, Title 5, ch. 375, sub-ch. 4.
C. Enforcement actions require a finding of
				the following:
(1) Any false or misleading
				statements to the Department;
(2)
				Other violations by the licensee or by an agent or employee of the licensee of
				28-B MRS or this rule;
(3)
				Violations by the licensee or by an agent or employee of the licensee of the
				terms, conditions or provisions of the licensee's license, including all
				licensing criteria required to be granted a conditional or active license;
				or
(4) Inactivity at the licensed
				premises for a period of 1 year or more without reasonable justification,
				including without limitation death or illness of a licensee, fire, natural
				disaster, or building conditions outside of the licensee's control.
D. Any final agency enforcement
				action or order by the Department after administrative hearing shall be made
				only on the basis of relevant evidence and shall be communicated in writing to
				the licensee, along with a notice of the licensee's right to judicial review in
				the Maine Superior Court in accordance with Rule 80C of the Maine Rules of
				Civil Procedure.