Title 28-B, Title 28-B

The Director of the Office of Cannabis Policy, referred to in this chapter as "the director," may employ personnel as necessary to implement, administer and enforce this chapter and the rules adopted pursuant to this chapter and the Maine Medical Use of Cannabis Act and the rules…

The office may adopt rules necessary to implement, administer and enforce this chapter. Except as otherwise provided in this chapter, all rules adopted pursuant to this chapter are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A. Notwithstanding Title 5…

The office shall implement and administer a system, referred to in this section as "the tracking system," for the tracking of cannabis plants, adult use cannabis and adult use cannabis products from immature cannabis plant to the point of retail sale, return, disposal or destruct…

The office shall issue individual identification cards to natural persons licensed under this chapter and, upon the request of a licensee, shall issue individual identification cards to principals, contractors, employees or other support staff of the licensee who meet the require…

The office shall develop programs or initiatives to facilitate the collection and analysis of data regarding the effects of the use of cannabis in the State, including, but not limited to, youth and adult cannabis use; school suspension and discipline relating to the use of canna…

The office shall develop and implement or facilitate the development and implementation by a public or private entity of: programs, initiatives and campaigns focused on increasing the awareness and education of the public on health and safety matters and focused on addressing pub…

The office shall develop and implement or facilitate the development and implementation by a public or private entity of programs or initiatives providing enhanced training for criminal justice agencies and municipal officers and employees in the requirements and enforcement of t…

A criminal justice agency may investigate unlawful activity in relation to a cannabis establishment and may conduct a criminal history record check of a licensee or its employees during an investigation of unlawful activity in relation to a cannabis establishment.

The Adult Use Cannabis Public Health and Safety and Municipal Opt-in Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund within the office for the purposes specified in this section. [PL 2023, c. 679, Pt. B, §138 (AMD).] 1. Sources of f…

The Adult Use Cannabis Regulatory Coordination Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds account in the office. The fund is administered and used by the director for the purposes of adopting rules under …

A state, county or local agency or department, including, but not limited to, the office and a criminal justice agency, may not: [PL 2023, c. 679, Pt. B, §18 (AMD).] 1. Cultivation or care of cannabis or cannabis products prohibited. Cultivate or otherwise care for or be required…

Except as otherwise provided in the Maine Medical Use of Cannabis Act, an employer: [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] 1. Cannabis in workplace. Is not required to permit or accommodate the use, consumption, possession, trade, display, transportation, …

1. Report required. By February 15, 2025, and annually thereafter, the office shall submit a report to the joint standing committee of the Legislature having jurisdiction over adult use cannabis matters as provided in this section. 2. Report contents. The report required under su…

The home address, telephone number and e-mail address of the applicant, employees of the applicant and all natural persons having a direct or indirect financial interest in the applied-for license are confidential.

The office, upon receipt of an application in the prescribed form that meets all applicable requirements for licensure under this chapter and the rules adopted pursuant to this chapter, shall issue to the applicant a conditional license to operate one or more of the following typ…

An applicant for a license to operate a cannabis establishment must meet each of the following requirements, if applicable. Except as otherwise provided in this section, if the applicant is a business entity, every principal of the business entity must meet each of the requiremen…

An applicant for a license to operate a cannabis establishment shall submit, and the office shall consider in determining whether to grant the license, the following additional information. If the applicant is a business entity, the applicant must submit the information required …

The office shall request a criminal history record check for each applicant for an initial license under this chapter and for each licensee every 2 years thereafter. If the applicant or licensee is a business entity, every principal of the business entity is required to submit to…

1. Forms; payment of fees. An applicant shall file an application on forms prepared and furnished by the office for the type of license sought along with the appropriate application fee as determined by the office pursuant to section 207. The office may implement and maintain an …

1. Denial for good cause. The office, for good cause, may deny an application for an initial license, a license renewal, a transfer of ownership interests or a relocation of licensed premises. Denial of an application by the office pursuant to this section constitutes a final age…

The office, in accordance with the provisions of this section, shall adopt by rule a licensing fee schedule establishing fees that are designed to meet, but not to exceed, the estimated licensing, enforcement and administrative costs of the office under this chapter. [PL 2023, c.…

An active license issued by the office pursuant to section 205, subsection 4 is effective for a period of one year from the date of issuance and may be renewed pursuant to section 209.

1. Notification of expiration date. Ninety days prior to the expiration of an existing license issued under section 205, subsection 4, the office shall notify the licensee of the expiration date and the opportunity for renewal. Except as otherwise provided in this section, a lice…

1. Transfer application. A licensee may apply to the office, on forms prepared and furnished by the office, for approval to transfer ownership interests in the license, including, but not limited to, a transfer of only a portion of the ownership interests in the license. 1-A. Pri…

1. Relocation application. A licensee may apply to the office, on forms prepared and furnished by the office, for approval to relocate the licensed premises of the cannabis establishment that the licensee is licensed to operate. 2. Local authorization required. The office shall, …

1. Notification of abandonment or cessation required. A licensee that voluntarily abandons the licensed premises or otherwise permanently ceases all activities relating to the operation of a cannabis establishment under its license shall notify the office and the municipality in …

Before any proposed new principal may own, manage, work for or otherwise associate with a licensee, the licensee shall notify the office in writing of the name, address and date of birth of the proposed new principal. The proposed new principal shall submit to a criminal history …

The office may revoke or refuse to renew any license if it determines that the licensed premises have been inactive without reasonable justification for a period of one year or more.

The office shall notify a municipality within 14 days of the date the office approves, renews, denies, suspends or revokes the license of a licensee whose licensed premises are located or proposed to be located in the municipality; imposes a monetary penalty on a licensee located…

Subject to the requirements and restrictions of this subchapter and the requirements of subchapter 2, the office may issue to an applicant any of the following types of cultivation facility licenses: [PL 2023, c. 679, Pt. B, §48 (AMD).] 1. Tier 1 cultivation facility license. A t…

In addition to the information required to be submitted to the office pursuant to subchapter 2 and the rules relating to licensure of a cultivation facility adopted pursuant to this chapter, an applicant for a cultivation facility license shall submit to the office the following …

A licensee seeking renewal of a cultivation facility license may, if applicable and in accordance with this section, apply for a tier of cultivation facility license with a greater area of authorized plant canopy than is authorized under the licensee's current cultivation facilit…

In accordance with the requirements of this section, not more than once every 2 years, a licensee seeking renewal of a tier 4 cultivation facility license may apply to increase by 7,000 square feet the maximum area of plant canopy authorized under its current tier 4 cultivation f…

In accordance with the applicable provisions of this subchapter and 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 cannabis establishments within the municipality, in…

1. Request for local authorization to operate cannabis establishment in municipality prohibited unless authorized by municipal ordinance or warrant article. A person seeking to operate a cannabis establishment within a municipality may not request local authorization to operate t…

1. Request for local authorization to operate cannabis establishment in town, plantation or township in unorganized and deorganized areas prohibited unless generally allowed by town or plantation or by county commissioners on behalf of township. A person seeking to operate a cann…

This chapter or rules adopted pursuant to this chapter may not be construed to limit the authority of the Maine Land Use Planning Commission to regulate land use planning and development activities within the unorganized and deorganized areas of the State pursuant to Title 12, ch…

A municipality may request that the office provide any information obtained by the office pursuant to the provisions of subchapter 2 or 3 that the municipality determines necessary for the administration of its local authorization process for cannabis establishments under this su…

A municipality shall notify the department within 14 days of the date the municipality authorizes the operation of a cannabis establishment within the municipality; issues or renews a license for the operation of a cannabis establishment within the municipality; withdraws authori…

A cultivation facility must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).] 1. Cultivation of adult use cannabis only for sale and distribution to other licensees. Except as otherwis…

A products manufacturing facility must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).] 1. Manufacture only for sale or distribution to other licensees. Except as otherwise provided i…

A testing facility must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).] 1. Development, research and testing of cannabis, cannabis products and other substances. A testing facility m…

A sample collector shall operate in accordance with the provisions of this section and the rules adopted pursuant to this chapter. [PL 2019, c. 676, §13 (NEW).] 1. Authorized operation. A sample collector is authorized to collect samples of cannabis and cannabis products from a c…

A cannabis store must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] 1. Products authorized for sale. Except as provided in subsection 2, a cannabis store…

Notwithstanding any provision of law to the contrary, the office shall issue a specified event permit to a cannabis store to sell adult use cannabis and adult use cannabis products on the permitted premises for a specified event in accordance with the requirements of this section…

A licensee and its employees may transport adult use cannabis and adult use cannabis products between the licensed premises of the licensee and: [PL 2023, c. 408, §16 (NEW).] 1. Other licensed premises. The licensed premises of any other cannabis establishment; 2. Delivery locati…