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Cohen Law Maine Legislative Update *Updated 4/14/2022*

We thought you may be interested in keeping these bills on your radar as we move into the spring! Keep in mind that our blog posts are not legal advice and do not create an attorney-client relationship.

**Updated 4/14/2022 at 10:52am**

Bill: LD 1985 – An Act to Improve Testing Requirements for Adult Use Marijuana

Committee: Committee on Veterans and Legal Affairs

Status: As of April 11, 2022 – PASSED TO BE ENACTED BY THE HOUSE AND SENATE.

Summary: This bill provides an exemption to the required testing of adult use marijuana or a marijuana product if the marijuana product has already undergone mandatory testing at the direction of another licensee and the marijuana or marijuana product has not undergone any further processing, manufacturing or alteration that would result in an increase in the concentration of any contaminants for which testing is required.

For more info or to track in real time, visit: LD 1985 Status Tracker

 

Bill Name: LD 1927 – An Act to Authorize Certain Off-premises Sales of Adult Use Marijuana

Committee: Committee on Veterans and Legal Affairs

Status: As of April 13, 2022 – PASSED TO BE ENACTED BY THE HOUSE, PLACED ON SPECIAL APPROPRIATIONS TABLE pending PASSAGE TO BE ENACTED, in concurrence by the SENATE.

Summary: This bill authorizes the Department of Administrative and Financial Services to issue permits to marijuana store licensees for the off-premises sale of adult use marijuana or adult use marijuana products and provides certain limitations on those permits. The bill also requires the department to develop guidance documents for compliance with such permits and to adopt routine technical rules for the administration of the permits.

For more info or to track in real time, visit: LD 1927 Status Tracker

 

Bill: LD 1928 – An Act to Update and Clarify the Maine Medical Use of Marijuana Act and Provide for Greater Transparency

Committee: Committee on Veterans and Legal Affairs
Summary:

Status: As of April 13, 2022 – PASSED TO BE ENACTED BY THE HOUSE AND SENATE with 2/3rds majority.

Summary: This bill accomplishes the following:

  1. It requires that, notwithstanding the Maine Revised Statutes, Title 5, section 8072, subsection 11 or any other provision of law to the contrary, major substantive rules that are provisionally adopted by the Department of Administrative and Financial Services, office of marijuana policy relating to the Maine Medical Use of Marijuana Act and submitted for legislative review may not be finally adopted by the department unless legislation authorizing final adoption of those rules is enacted into law.
  2. It requires that the department evaluate how its provisionally adopted rules submitted for legislative review sought to minimize economic burdens on small businesses in accordance with Title 5, section 8052, subsection 5-A and to include a copy of that evaluation with its rules when they are submitted for legislative review.
  3. It limits the circumstances under which a law enforcement officer may access a location in which a caregiver, dispensary, manufacturing facility or marijuana testing facility operates.
  4. It limits disclosure to a law enforcement officer of information that could reasonably identify an individual patient’s identity without a warrant requiring the disclosure.
  5. It authorizes the use of telehealth services for medical providers to meet with patients seeking a written certification for the medical use of marijuana.
  6. It provides that educational materials required to be given to qualifying patients may be provided electronically.
  7. It prohibits the department from requiring a registered caregiver, registered dispensary, marijuana testing facility or manufacturing facility to use a particular electronic system for tracking marijuana plants and harvested marijuana.
  8. It requires the department to compile and make publicly available a monthly report of sales tax data for all wholesale and retail transactions reported under the Maine Medical Use of Marijuana Act.
  9. It provides that if the department fails to issue or deny a valid registry identification card for an assistant of a caregiver within 14 days of the submission of an application for issuance or renewal, the registry identification card is provisionally granted.
  10. It prohibits the department from requiring testing of harvested marijuana unless the Legislature approves a testing standard that is reliable, consistent and science-based and provides useful information to qualifying patients or medical providers.
  11. It provides that an assistant of a caregiver or registered dispensary may work for any caregiver or registered dispensary as long as the assistant obtains a registry identification card.
  12. It prohibits the department from requiring a caregiver, registered dispensary, marijuana testing facility or manufacturing facility to submit its standard operating procedures to the department.
  13. It clarifies that a person may provide a qualifying patient who is 18 years of age or older with marijuana paraphernalia for purposes of the qualifying patient’s medical use of marijuana, notwithstanding the requirements of Title 22, chapter 262-A, which, among other provisions, requires licensure for certain tobacco retailers and prohibits the sale of tobacco products to a person who has not attained 21 years of age.
  14. It directs the department’s office of marijuana policy to adopt rules to develop a graduated enforcement plan for violations of the Maine Medical Use of Marijuana Act or rules adopted under the Act, to develop requirements for a caregiver, dispensary, manufacturing facility or marijuana testing facility in order that harvested marijuana or marijuana products can be traced in the event of a product recall and to define and clarify certain terms.

For more info or to track in real time, visit: LD 1928 Status Tracker

 

Bill: LD 1957 – An Act To Promote Equity and Increase Opportunities in the Cannabis Industry by Removing Restrictions Related to Convictions for Drug Offenses and To Replace the Term “Marijuana” with the Term “Cannabis” in the Maine Revised Statutes

Committee: Committee on Veterans and Legal Affairs

Status: As of April 13, 2022 – PASSED TO BE ENACTED BY THE HOUSE AND SENATE.

Summary: This bill removes prohibitions on participation in the cannabis industry under the Maine Medical Use of Marijuana Act and the Marijuana Legalization Act for persons convicted of drug offenses. Under this bill, as directed by a revision clause, the term “marijuana” will be replaced with the term “cannabis” in the Maine Revised Statutes. The bill also provides that when adopting or amending rules and developing or publishing forms, policies and publications, the Department of Administrative and Financial Services’ office of marijuana policy and the Department of Health and Human Services must replace references to “marijuana” with references to “cannabis.”

For more info or to track in real time, visit: LD 1957 Status Tracker

 

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