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Maine’s Attorney General Signals Passive Response to Allow Lawmakers to Remedy Issue

In a letter to the Office of Cannabis Policy’s Interim Director Vern Malloch, Maine’s Attorney General Aaron Frey clarified the Attorney General’s position on the recent guidance document circulated by Maine’s OCP discussing the Department of Health and Human Services regulations of Tobacco Products and how that relates to Maine’s cannabis programs.

The Attorney General has indicated that “the office will not bring action for selling tobacco products without a retail tobacco license against any registered caregiver or dispensary selling or providing pre-rolled cigarettes to qualifying patients, so long as the caregiver or dispensary has complied with the applicable provisions of the Maine Medical Use of Cannabis Act. The Attorney General will not change or withdraw this policy without first giving advance notice.” 

Our take: This means that caregivers do not have to have a tobacco license to sell these products. Not having to have a tobacco license means they are not bound by the DHHS tobacco regulations. They can sell to any qualifying patient. They can also sell via delivery.

This post does not establish an attorney-client relationship, and should not be considered legal advice.


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