The 130th Legislature has adjourned, and the cannabis landscape has already begun to change! Here’s everything you need to know from Cohen Law Maine. Remember, bills passed into law become effective 90 days from the day the legislature adjourns, unless otherwise stated, or passed as an emergency measure, which makes the bill effective immediately. This session, LDs 1928 and 1930 were passed as emergency measures. Keep in mind, our blog posts are not legal advice and do not establish an attorney-client relationship.
Bill: LD 1928 – An Act to Update and Clarify the Maine Medical Use of Marijuana Act and Provide for Greater Transparency
Sponsor: Lynne Williams of Bar Harbor.
This bill pertains to Maine’s medical cannabis program.
Summary: This bill accomplishes the following:
- 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.
- 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.
- 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.
- 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.
- It authorizes the use of telehealth services for medical providers to meet with patients seeking a written certification for the medical use of marijuana.
- It provides that educational materials required to be given to qualifying patients may be provided electronically.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Status: Became Law without Governor’s Signature as an Emergency Measure on April 26, 2022.
LD 1195 – An Act to Assist Qualifying Municipalities to Defray the Costs of Opting in to Permit Adult Use Marijuana Establishments.
Sponsor: Tiffany Roberts of South Berwick
This pertains to adult use cannabis.
Summary:
This bill allocates 5% of the gross sales and excise tax revenue generated by adult use
marijuana establishments in the State to the municipalities where the revenue was
generated and makes a reduction to the amount deposited in the Adult Use Marijuana Public
Health and Safety Fund.
Status: Signed into law by the governor on April 20, 2022.
LD 1817 – An Act to Allow the State’s Adult Use Cannabis Tracking System to Track Plants and Products by Group
Sponsor: Laura Supica of Bangor
This pertains to adult use cannabis.
Summary:
This bill allows the system administered by the Department of Administrative and Financial Services for tracking adult use cannabis plants and products to track groups of plants or products.
Status: Signed into law by the governor on April 18, 2022.
LD 1827 – An Act to Permit Curbside Pickup and Limited Delivery of Adult Use Cannabis
Sponsor: Joseph Perry of Bangor
This pertains to adult use cannabis.
Summary:
This bill allows for certain retail marijuana stores to deliver adult use marijuana, regardless of delivery location or local approval of retail marijuana stores.
Status: Became law without governor’s signature on April 26, 2022.
LD 1846 – An Act to Allow for a Variance Rate in the Amount and Potency of Cannabinoids in Adult Use Edible Marijuana Products
Sponsor: Joseph Perry of Bangor
This pertains to adult use cannabis
Summary:
This bill allows for a variance in the amount and potency of tetrahydrocannabinol, or THC, and other cannabinoids in edible marijuana products under the Marijuana Legalization Act.
Status: Signed into law by the governor on April 4, 2022.
LD 1927 – An Act to Authorize Certain Off-premises Sales of Adult Use Cannabis Products
Sponsor: Kathleen Dillingham of Oxford.
This pertains to adult use cannabis
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.
Status: Passed to be enacted by the House on April 12, 2022. On motion by Senator BREEN of Cumberland PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending PASSAGE TO BE ENACTED, in concurrence. Passed to be enacted by the Senate on April 25, 2022.
LD 1930 – Resolve, Regarding Legislative Review Of Portions Of Chapter 1: Adult Use Cannabis Program Rule, A Major Substantive Rule Of The Department Of Administrative And Financial Services, Office Of Cannabis Policy
Sponsor: Christopher Caiazzo of Scarborough
This pertains to adult use cannabis
Summary:
This resolve provides for legislative review of portions of Chapter 1: Adult Use Marijuana Program Rule, a major substantive rule of the Department of Administrative and Financial Services, office of marijuana policy.
Status: Signed by the Governor as an Emergency Measure on April 7, 2022.
LD 1957 – An Act To Promote Equity And Increase Opportunities In The Cannabis Industry By Reducing Restrictions Related To Convictions For Drug Offenses And To Replace The Term “marijuana” With The Term “cannabis” In The Maine Revised Statutes
Sponsor: Rachel Talbot Ross of Portland
This pertains to both medical and adult use cannabis.
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.”
Status: Became Law without Governor’s Signature on April 26, 2022.
LD 1985 – An Act to Improve Testing Requirements for Adult Use Cannabis
Sponsor: Christopher Caiazzo of Scarborough
This pertains to adult use cannabis
Summary:
This bill provides an exemption to the required testing of adult use cannabis or a
cannabis product if the cannabis or cannabis product has already undergone mandatory
testing at the direction of another licensee and 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 for which testing is required.
Status: Signed by the Governor into Law on April 14, 2022.