Title 22

1. Prohibitions. A person may not: A. Manufacture, sell or deliver, hold or offer for sale any food that is adulterated or misbranded; [PL 2003, c. 452, Pt. K, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violate paragraph A after having previously violated this subsection; […

A food shall be deemed to be adulterated: 1. Poisonous or deleterious substance. A. If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such food shall not be considered adult…

A food shall be deemed to be misbranded: 1. False or misleading label. If its labeling is false or misleading in any particular; 2. Sale under another name. If it is offered for sale under the name of another food or under a name not permitted by Title 12, section 6112, for produ…

Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, must be deemed to be unsafe for purposes of the application of section 2156, subsection 1, paragraph B;…

Notwithstanding any provision of law to the contrary, food, food additives or food products that contain hemp, including cannabidiol derived from hemp, are not considered to be adulterated under this subchapter based solely on the inclusion of hemp or cannabidiol derived from hem…

Notwithstanding any provision of law to the contrary, food, food additives or food products that contain adult use cannabis are not considered to be adulterated under this subchapter based solely on the inclusion of adult use cannabis. For the purposes of this section, "adult use…

Whenever a duly authorized agent of the Commissioner of Agriculture, Conservation and Forestry finds or has reason to believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this subchapter, the duly authorized agent of the c…

Nothing in this subchapter shall be construed as requiring the Commissioner of Agriculture, Conservation and Forestry to report for the institution of proceedings under said subchapter minor violations of said subchapter, whenever the commissioner believes that the public interes…

No person, firm or corporation engaged in the business of freezing, storing or transporting frozen foods shall store or transport such foods within this State unless they are stored or transported under suitable refrigeration which shall insure good keeping qualities and under te…

The Commissioner of Agriculture, Conservation and Forestry shall, upon application for permit and receipt of such fee as the commissioner considers necessary from any food packer or processor, inspect all operations of the packer or processor for compliance with this subchapter a…

A person, firm, corporation or officer, agent or employee thereof within the State may not transport, receive for transportation, sell or offer for sale or distribution any equine meat or food products thereof or serve, expose or offer for sale or distribution, either in any publ…

The Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent must have free access at all reasonable hours to any factory, warehouse or establishment in which foods are manufactured, processed, packed or held for introduction into commerc…

In addition to the remedies provided, the Commissioner of Agriculture, Conservation and Forestry is authorized to apply to the Superior Court and such court has jurisdiction upon hearing and for cause shown to grant a preliminary or permanent injunction restraining any person fro…

A person, firm, corporation or copartnership may not operate a food establishment or a food salvage establishment or act as a salvage broker unless licensed for that purpose by the commissioner. In the case of retail food establishments, licenses issued must be made available at …

1. Application and renewal. Each application for, or renewal of, a license to operate a food establishment must be accompanied by a fee determined by the commissioner in accordance with subsection 5. A. [PL 2007, c. 539, Pt. GGGG, §4 (RP).] B. [PL 2007, c. 539, Pt. GGGG, §4 (RP).…

The commissioner shall, within 30 days following receipt of application for a license to operate a food establishment or a food salvage establishment or to act as a salvage broker, issue the appropriate license if the applicant is in compliance with this chapter and any rules ado…

Any establishment subject to this chapter and chapter 562 shall be required to have only one license and that license shall be issued on the predominate portion of the establishment's business.

Notwithstanding any other provisions of this chapter, the commissioner may issue a license required under section 2167 on the basis of an inspection performed by an inspector who works for and is compensated by the municipality in which the establishment is located, but only if t…

1. Authorization. The department is authorized to impose one or more of the following sanctions when a violation of this chapter, or rules enacted pursuant to this chapter, occurs and the department determines that a sanction is necessary and appropriate to ensure compliance with…

Smoked alewives offered for sale need not be free of viscera prior to processing. A person who sells or offers for sale alewives smoked with the viscera shall post a clearly legible sign at the point of display of the alewives that states, "This product is not fully cooked. Eatin…

Notwithstanding section 2156 and rules adopted under section 2153, a person licensed under this subchapter and offering baked goods for sale at a farmers' market as defined in Title 7, section 415 may display and sell unpackaged baked goods in a manner that allows customers to di…

1. Establishment; purpose. The department shall establish the Maine Meth Watch Program to educate retailers, retail employees and the public in order to help curtail suspicious sales and the theft of methamphetamine precursor drugs as defined in Title 17‑A, section 1101, subsecti…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Health care professional" means a person licensed under Title 32 who is authorized to prescribe naloxone hydrochloride or another opioid overdose-…

1. Marijuana. 1-A. Cannabis possession by a person under 21 years of age. Except for possession of cannabis for medical use pursuant to chapter 558‑C, a person who is under 21 years of age may not possess cannabis. A person who is under 21 years of age who possesses a usable amou…

Possession of fewer than 100 tablets, capsules or other dosage units of imitation scheduled drugs, as defined in Title 17‑A, section 1101, subsection 19, constitutes a civil violation for which a forfeiture of not more than $200 may be adjudged. In determining whether the substan…

1. Lawfully prescribed drugs. A person to whom or for whose use any scheduled drug, prescription drug or controlled substance has been prescribed, sold or dispensed for a legitimate medical purpose by a physician, dentist, podiatrist, pharmacist or other person acting in the usua…

1. Prohibited acts. A person may not intentionally or knowingly: A. Inhale, ingest, apply or smell the gases, vapors or fumes of any gas, hazardous inhalant, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors or …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Drug" means a schedule W, X, Y or Z drug as defined in Title 17‑A, section 1102. [PL 1997, c. 382, §1 (NEW).] B. "Minor" means a person who has no…

This chapter may be known and cited as "the Maine Medical Use of Cannabis Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 679, Pt. A, §3 (NEW).] 1. Assistant. "Assistant" means an individual who is paid to perform a service for a registrant, whether as an employee or indepen…

1. Administration and enforcement. The department shall administer and enforce this chapter and the rules adopted pursuant to this chapter. 2. Rules. The department shall adopt rules as necessary to administer and enforce this chapter. Unless otherwise indicated, rules adopted pu…

1. Qualifying patient. Except as provided in section 2426, a qualifying patient may: A. Possess up to 8 pounds of harvested cannabis; [PL 2017, c. 452, §4 (AMD); PL 2021, c. 669, §5 (REV).] B. Cultivate, or designate a caregiver operating under subsection 3, paragraph C to cultiv…

A medical provider may provide a written certification in accordance with this section for the medical use of cannabis under this chapter and, after having done so, may otherwise state that in the medical provider's professional opinion a qualifying patient is likely to receive t…

Notwithstanding chapter 262‑A, a person may provide a caregiver or a registered dispensary with cannabis paraphernalia for purposes of a qualifying patient's medical use of cannabis in accordance with this chapter. A person may be in the presence or vicinity of the medical use of…

A visiting qualifying patient from another jurisdiction that authorizes the medical use of cannabis pursuant to a law recognized by the department who possesses a valid medical cannabis certification from that other jurisdiction and photographic identification or a driver's licen…

A person may not manufacture cannabis products or cannabis concentrate or engage in cannabis extraction except as provided in this chapter. [PL 2019, c. 331, §17 (RPR); PL 2021, c. 669, §5 (REV).] 1. Tier 1 manufacturing facility. A tier 1 manufacturing facility registered pursua…

This section governs registry identification cards and registration certificates, except that registration of manufacturing facilities and persons authorized to engage in cannabis extraction is governed by section 2423‑F and registration of cannabis testing facilities is governed…

The department shall request a criminal history record check for each applicant for an initial registry identification card and registration certificate as required under this chapter and for each registrant or registrant agent, except that an assistant is not required to submit …

1. Limitations. This chapter does not permit any person to: A. Undertake any task under the influence of cannabis when doing so would constitute negligence or professional malpractice or would otherwise violate any professional standard; [PL 2009, c. 631, §37 (AMD); PL 2009, c. 6…

1. Provisions pertaining to primary caregiver apply to nonprofit dispensary. 1-A. Provisions pertaining to registered dispensary. For the purpose of assisting a qualifying patient, a registered dispensary may in accordance with rules adopted by the department: A. Dispense up to 2…

1. Packaging requirements. As applicable based on the form of the item sold, harvested cannabis sold in a retail transaction under this chapter must be: A. Prepackaged in child-resistant and tamper-evident packaging or placed in child-resistant and tamper-evident packaging with a…

1. Prohibitions. Signs, advertising and marketing used by or on behalf of a registered caregiver or dispensary may not: A. Be misleading, deceptive or false; [PL 2017, c. 452, §18 (NEW).] B. Involve mass-market advertising or marketing campaigns that have a high likelihood of rea…

In addition to all other applicable provisions of this chapter, edible cannabis products to be sold or offered for sale in a retail transaction in accordance with this chapter: [PL 2017, c. 452, §18 (NEW); PL 2021, c. 669, §5 (REV).] 1. Cannabinoid content. Must be manufactured i…

Pursuant to the home rule authority granted under the Constitution of Maine, Article VIII, Part Second and Title 30‑A, section 3001, a municipality may regulate registered caregivers, caregiver retail stores operating pursuant to section 2423‑A, subsection 2, paragraph P, registe…

1. Fund established. The Medical Use of Cannabis Fund, referred to in this section as "the fund," is established as an Other Special Revenue Funds account in the department for the purposes specified in this section. 2. Sources of fund. The State Controller shall credit to the fu…

A certificate, signed by the commissioner or the commissioner's designee, stating what the records of the department show on any given matter related to this chapter is admissible in evidence in all courts of this State to prove what the records of the department are on that matt…