LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
387
JULY 1, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 908 - L.D. 1242
An Act To Amend the Maine Medical Use of Marijuana Act
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Department of Administration and Financial Services' office of
marijuana policy is currently proposing rules that may go into effect before the expiration
of the 90-day period; and
Whereas, the proposed rules would significantly damage the well-being and health of
tens of thousands of citizens of the State by restricting their access to medical marijuana;
and
Whereas, the proposed rules would do irreparable economic harm to thousands of
citizens of the State through a dramatic increase in the cost of medical marijuana; and
Whereas, the proposed rules would do irreparable economic harm to thousands of
medical marijuana caregivers and to their thousands of employees; and
Whereas, the proposed rules would do irreparable harm to the economy of the State
by destroying businesses owned and domiciled in the State to the benefit of companies that
are not based in the State and will not reinvest in this State; and
Whereas, the proposed rules would impact the most vulnerable communities in this
State the hardest, including rural municipalities with aging populations; and
Whereas, the proposed rules make major changes that warrant legislative
involvement and oversight; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2422-A, sub-§2, as enacted by PL 2017, c. 409, Pt. E, §3, is
amended to read:
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 2. Rulemaking. The department, after consultation with the Department of Health
and Human Services, may adopt rules as necessary to administer and enforce this chapter
or amend rules previously adopted pursuant to this chapter. Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A,
except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. Before adopting rules
pursuant to this subsection, the department shall consult with caregivers, registered
caregivers, patients and medical providers with significant knowledge and experience
certifying patients under this chapter. The department shall develop a process to use when
hiring consultants to advise on rule changes related to this chapter and shall report any
subsequent changes to that process to the joint standing committee of the Legislature
having jurisdiction over medical use of marijuana matters.
Sec. 2. 22 MRSA §2423-A, sub-§10, ¶D, as repealed and replaced by PL 2019, c.
331, §13 and c. 354, §3, is repealed and the following enacted in its place:
D. The department shall adopt routine technical rules as defined in Title 5, chapter
375, subchapter 2‑A, except that, beginning July 1, 2021, rules adopted pursuant to this
paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter
2-A, governing marijuana testing facilities, including but not limited to:
(1) Marijuana testing facility officer or director qualification requirements;
(2) Required security for marijuana testing facilities; and
(3) Requirements for the registration, certification or other approval of marijuana
testing facilities.
The failure of the department to adopt rules under this paragraph does not prevent a
marijuana testing facility from engaging in activities in compliance with this chapter.
Sec. 3. 22 MRSA §2423-A, sub-§10, ¶D-1, as enacted by PL 2019, c. 354, §4, is
amended to read:
D-1. Upon the adoption of rules pursuant to paragraph D and this paragraph, a
marijuana testing facility must be certified by the certification program established
pursuant to section 569 as meeting all operational and technical requirements in
accordance with rules adopted by the department after consultation with the Maine
Center for Disease Control and Prevention. Rules adopted pursuant to this paragraph
are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A, except
that, beginning July 1, 2021, rules adopted pursuant to this paragraph are major
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. A marijuana
testing facility operating in compliance with this chapter on the date of the adoption of
rules pursuant to this paragraph and paragraph D may continue to operate pending
completion of certification under this paragraph. The failure of the department to adopt
rules under this paragraph does not prevent a marijuana testing facility from engaging
in activities in compliance with this chapter.
Sec. 4. 22 MRSA §2423-B, sub-§2-A, ¶D, as enacted by PL 2017, c. 452, §5, is
amended by amending the last blocked paragraph to read:
The department shall adopt routine technical rules as defined in Title 5, chapter 375,
subchapter 2‑A to implement the reimbursement request under this paragraph, except
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 that, beginning July 1, 2021, rules adopted pursuant to this paragraph are major
substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5. 22 MRSA §2423-F, sub-§10, as repealed and replaced by PL 2019, c. 331,
§17, is amended to read:
10. Rulemaking. The department shall adopt routine technical rules as defined in
Title 5, chapter 375, subchapter 2-A, except that, beginning July 1, 2021, rules adopted
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375,
subchapter 2‑A, governing manufacturing facilities, including but not limited to:
A. Requirements for the registration of a manufacturing facility and an officer or
director or assistant of a registered manufacturing facility;
B. Requirements for engaging in marijuana extraction using inherently hazardous
substances;
C. Manufacturing facility officer or director qualification requirements;
D. Required security for manufacturing facilities;
E. Requirements of a disposal plan for harvested marijuana used in the manufacturing
process; and
F. Minimum record-keeping requirements, including an annual audit requirement.
The failure of the department to adopt rules under this subsection does not prevent a person
authorized pursuant to subsection 3, paragraph A from engaging in conduct authorized
under this section.
Sec. 6. 22 MRSA §2424, sub-§1-A, as enacted by PL 2017, c. 452, §10, is amended
to read:
1-A. Rulemaking. The department may adopt rules to carry out the purposes of this
chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in
Title 5, chapter 375, subchapter 2-A, except that, beginning July 1, 2021, rules adopted
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375,
subchapter 2-A.
Sec. 7. 22 MRSA §2424, sub-§4, as amended by PL 2019, c. 217, §4, is further
amended to read:
4. Enforcement and compliance. The department shall adopt routine technical rules
as defined in Title 5, chapter 375, subchapter 2-A, except that, beginning July 1, 2021, the
department shall adopt major substantive rules as defined in Title 5, chapter 375,
subchapter 2‑A, regarding enforcement and compliance of authorized conduct under this
chapter, including rules governing:
A. Minimum oversight requirements for dispensaries and registered caregivers and the
one permitted additional location at which a dispensary cultivates marijuana plants for
medical use by qualifying patients; and
B. Minimum security requirements for registered caregivers operating caregiver retail
stores pursuant to section 2423‑A, subsection 2, paragraph P and registered
dispensaries and any additional location at which a dispensary cultivates marijuana
plants for medical use by qualifying patients.
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 Sec. 8. 22 MRSA §2425-A, sub-§3-A, as amended by PL 2019, c. 331, §19, is
further amended by amending the 2nd blocked paragraph to read:
The department, with the Department of Public Safety, Bureau of State Police, State Bureau
of Identification, shall adopt rules to implement this subsection. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter
2-A, except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major
substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 9. 22 MRSA §2425-A, sub-§10, as enacted by PL 2017, c. 452, §12, is
amended to read:
10. Fees. The department shall adopt rules to establish fees in accordance with this
subsection. The fees must be credited to the Medical Use of Marijuana Fund pursuant to
section 2430. Rules adopted pursuant to this subsection are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A, except that, beginning July 1, 2021, rules
adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter
375, subchapter 2-A.
A. There is no annual registration fee for a qualifying patient or visiting qualifying
patient or a caregiver who is not required to register pursuant to section 2423‑A,
subsection 3, paragraph C. There is no annual registration fee for a caregiver who does
not cultivate marijuana plants for a qualifying patient.
B. There is an annual registration fee for a caregiver who cultivates marijuana plants
on behalf of a qualifying patient pursuant to section 2423‑A, subsection 2, paragraph
B. The fee may not be less than $50 or more than $240 for each group of up to 6 mature
marijuana plants cultivated by the caregiver. The caregiver shall notify the department
of the number of marijuana plants the caregiver cultivates.
C. There is an annual registration fee for a dispensary, which may not be less than
$5,000 or more than $12,000. There is a fee to change the location of a registered
dispensary or the location at which a registered dispensary cultivates marijuana plants,
which may not be less than $3,000 or more than $4,000.
D. There is an annual registration fee for a tier 1 manufacturing facility, which may
not be less than $50 or more than $150.
E. There is an annual registration fee for a tier 2 manufacturing facility, which may
not be less than $150 or more than $250.
F. There is an annual registration fee to engage in marijuana extraction under section
2423‑F, subsection 3, which may not be less than $250 or more than $350.
G. There is an annual registration fee for a marijuana testing facility, which may not
be less than $250 or more than $1,000, except that there is no fee if the testing facility
is licensed in accordance with Title 28‑B, chapter 1.
H. There is an annual registration fee for an officer or director or assistant of a
registered caregiver or registered dispensary, which may not be less than $20 or more
than $50.
I. There is a fee to replace a registry identification card that has been lost, stolen or
destroyed or a card that contains information that is no longer accurate, which may not
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 be less than $10 or more than $20. Replacement of a registry identification card does
not extend the expiration date.
J. There is an annual fee for a criminal history record check for a caregiver or an officer
or director or assistant of a registered dispensary, marijuana testing facility or
manufacturing facility, which may not be less than $31 or more than $60. The fee must
be paid by the caregiver or by the registered dispensary, marijuana testing facility or
manufacturing facility for an officer or director or assistant of the registered dispensary,
marijuana testing facility or manufacturing facility.
Sec. 10. 22 MRSA §2425-A, sub-§13, ¶A, as enacted by PL 2017, c. 452, §12, is
amended to read:
A. A registered caregiver or a dispensary shall submit annually a report of the number
of qualifying patients and visiting qualifying patients assisted by the caregiver or
dispensary. A report may not directly or indirectly disclose patient identity. The
department shall adopt rules to implement this paragraph. Rules adopted pursuant to
this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter
2-A, except that, beginning July 1, 2021, rules adopted pursuant to this paragraph are
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 11. 22 MRSA §2430, sub-§5, as amended by PL 2019, c. 331, §31, is further
amended to read:
5. Medical marijuana research grant program established. The medical marijuana
research grant program, referred to in this subsection as "the program," is established within
the department to provide grant money to support objective scientific research, including
observational and clinical trials and existing research, on the efficacy of harvested
marijuana as part of medical treatment and the health effects of harvested marijuana used
as part of medical treatment. The program must be funded from the fund. The department
shall adopt rules necessary to implement the program, including, but not limited to,
required qualifications of persons conducting the research; determining the scientific merit
and objectivity of a research proposal; criteria for determining the amount of program funds
distributed; criteria for determining the duration of the research; procedures for soliciting
research participants, including outreach to patients, and for obtaining the informed consent
of participants; and reporting requirements for the results of the research and evaluation of
the research results. Rules adopted pursuant to this subsection are routine technical rules
as defined in Title 5, chapter 375, subchapter 2-A, except that, beginning July 1, 2021, rules
adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter
375, subchapter 2-A.
Sec. 12. 22 MRSA §2430-E, sub-§2, as enacted by PL 2017, c. 452, §24, is
amended to read:
2. Repeat forfeiture. If a cardholder has previously forfeited excess marijuana
pursuant to subsection 1 and a subsequent forfeiture occurs, the department shall revoke
the registry identification card of the cardholder and the entire amount of marijuana plants
or harvested marijuana possessed by that cardholder must be forfeited to a law enforcement
officer. The department shall adopt rules to implement this subsection. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A, except that, beginning July 1, 2021, rules adopted pursuant to this
subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
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 Sec. 13. 22 MRSA §2430-F, sub-§1, as enacted by PL 2017, c. 452, §24, is
amended to read:
1. Department suspension or revocation. The department may suspend or revoke a
registry identification card for violation of this chapter and the rules adopted under this
chapter. Revocation in accordance with section 2430-E, subsection 2 is considered a final
agency action, subject to judicial review under Title 5, chapter 375, subchapter 7. Unless
otherwise specified as final agency action, a person who has had authorization for conduct
under this chapter revoked due to failure to comply with this chapter and rules adopted by
the department may request an informal hearing. The department shall adopt rules to
specify the period of time, which may not exceed one year, that the person whose registry
identification card was revoked is ineligible for reauthorization under this chapter. Rules
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter
375, subchapter 2-A, except that, beginning July 1, 2021, rules adopted pursuant to this
subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
The department shall immediately revoke the registry identification card of an officer or
director or assistant of a dispensary who is found to have violated section 2428, subsection
9, paragraph B, and that person is disqualified from serving as an officer or director or
assistant of a dispensary.
Sec. 14. 22 MRSA §2430-G, sub-§1, ¶A, as enacted by PL 2017, c. 452, §24, is
amended by amending subparagraph (2) to read:
(2) Keep the books and records maintained by the registered caregiver, registered
dispensary, marijuana testing facility or manufacturing facility for a period of 7
years; and
Sec. 15. 22 MRSA §2430-G, sub-§1, ¶A, as enacted by PL 2017, c. 452, §24, is
amended by repealing subparagraph (3).
Sec. 16. 22 MRSA §2430-G, sub-§1, as amended by PL 2019, c. 331, §32, is
further amended by amending the blocked paragraph to read:
The department may adopt rules to implement this subsection. Rules adopted pursuant to
this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter
2-A.
Sec. 17. Rules governing medical us