Title 22, Title 22

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…

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…

1. Rights of persons or entities acting pursuant to this chapter. A person whose conduct is authorized under this chapter may not be denied any right or privilege or be subjected to arrest, prosecution, penalty or disciplinary action, including but not limited to a civil penalty …

Collectives are prohibited under this chapter. A person may not form or participate in a collective. For purposes of this section, "collective" means an association, cooperative, affiliation or group of caregivers who physically assist each other in the act of cultivation, proces…

1. Definitions. 1-A. Registration violation types. The following registration violation types are established. A. "Major registration violation affecting public safety" means an intentional or knowing violation that imminently jeopardizes public health and safety or conduct that …

The department shall develop, implement and maintain a statewide electronic portal through which registered caregivers, registered dispensaries, cannabis testing facilities and manufacturing facilities may submit to the department the records required pursuant to this chapter. Th…

The department may conduct inspections of registered caregivers, registered dispensaries, cannabis testing facilities and manufacturing facilities in accordance with this section and rules adopted pursuant to this chapter. The department may not conduct an inspection of a qualify…

Notwithstanding section 2430‑K and in accordance with section 2430‑C, subsection 6‑A, the department, or an agent of the department, may enter the premises of a caregiver retail store or a dispensary to conduct a compliance check of the operation of the store or dispensary by att…

A registered caregiver, dispensary, cannabis testing facility or manufacturing facility may elect to voluntarily surrender cannabis plants, cannabis or cannabis products to the department for destruction under the following conditions. [PL 2023, c. 365, §24 (NEW).] 1. Request. A …

By February 15th each year, the department shall submit a report that does not disclose identifying information about qualifying patients, cardholders or medical providers to the joint standing committee of the Legislature having jurisdiction over medical cannabis matters that co…

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1975, c. 496, §3 (NEW).] 1. Campground. "Campground" means, in addition to the generally accepted definitions, camping areas, recreational vehicle parks, se…

1. License required. A person, corporation, firm or copartnership may not conduct, control, manage or operate the following establishments for compensation or indirect compensation without a license issued by the department: A. An eating establishment; [PL 2003, c. 452, Pt. K, §2…

Any person, corporation, firm or copartnership desiring a license shall submit satisfactory evidence of the person's, corporation's, firm's or copartnership's ability to comply with the minimum standards of this chapter and all rules adopted thereunder.

Each application for, or for renewal of, a license to operate an eating establishment, lodging place, recreational camp, youth camp, public pool, public spa or campground within the meaning of this chapter must be accompanied by a fee, appropriate to the size of the establishment…

The department shall, within 30 days following receipt of a complete application, issue an annual license to operate any eating establishment, lodging place, recreational camp, youth camp, campground, public pool or public spa that is found to comply with this chapter and the rul…

1. Department rulemaking. The department is authorized and empowered to make and enforce all necessary rules and regulations for the administration of this chapter, and may rescind or modify such rules and regulations from time to time as may be in the public interest, insofar as…

The department and any duly designated officer or employee of the department have the right, without an administrative inspection warrant, to enter upon and into the premises of any establishment licensed pursuant to this chapter at any reasonable time in order to determine the s…

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…

Notwithstanding any other provisions of this chapter, in order to ensure statewide uniformity in health standards, health inspector certification and the maintenance of inspection report records, a municipality must have been delegated authority by the department to conduct inspe…

When the department believes a license should be suspended or revoked, it shall file a complaint with the District Court in conformity with the Maine Administrative Procedure Act. A person aggrieved by the refusal of the department to issue a license may request a hearing in conf…

The provisions of this section apply to chain restaurants that are located in the State. [PL 2009, c. 395, §7 (NEW); PL 2009, c. 395, §8 (AFF).] 1. Caloric information. A chain restaurant shall state on a food display tag, menu or menu board the total amount of calories per servi…