This bill makes the following changes to the Maine Medical Use of Cannabis Act.
1. It amends the definition of "caregiver retail store" to clarify that it is a retail store with regular business hours at a location accessible to the general public where a registered caregiver sells cannabis paraphernalia, cannabis plants, harvested cannabis, related supplies or educational materials to qualifying patients without an appointment and other items to the general public. It provides that a caregiver retail store does not include an office at a location not accessible to the general public where a registered caregiver provides consultation services, cannabis paraphernalia, cannabis plants, harvested cannabis, related supplies or educational materials to qualifying patients by appointment.
2. It prohibits the Department of Administrative and Financial Services, except where explicitly authorized or directed by law, from requiring a registered caregiver, registered dispensary, cannabis testing facility or manufacturing facility to use a form issued by the department in complying with the requirements of the Act or of adopted rules and from issuing a guidance document or memorandum to such persons regarding compliance by those persons with the requirements of the Act or of adopted rules. The bill directs the department’s Office of Cannabis Policy to, as expeditiously as possible, rescind and remove from public availability any noncompliant forms and guidance documents or memoranda.
3. It repeals the provision of law that authorizes a caregiver to receive reasonable monetary compensation for costs associated with cultivating cannabis plants or assisting a qualifying patient with that patient's medical use of cannabis.
4. It provides that a caregiver is authorized to transport, sell, offer to sell or furnish cannabis plants or harvested cannabis on the property or premises owned, leased or rented by the caregiver; at trade shows, festivals or other cannabis industry-related events; or through delivery to or private arrangement with a qualifying patient, caregiver or registered dispensary.
5. It removes the process under the Act by which a person that is not a qualifying patient, registered caregiver, registered dispensary or manufacturing facility may receive authorization from the department to engage in cannabis extraction using an inherently hazardous substance and prohibits such cannabis extraction other than by qualifying patients, registered caregivers, registered dispensaries or manufacturing facilities. A qualifying patient, registered caregiver, registered dispensary or manufacturing facility that engages in cannabis extraction using an inherently hazardous substance must comply with any rules regarding that activity adopted by the department by rule but is not required to obtain additional approvals or authorizations from the department to do so.
6. It prohibits the department from posting on its publicly accessible website or otherwise making publicly available, except upon request, applications, supporting information and other nonconfidential information regarding a registered caregiver, including any address where the registered caregiver cultivates, manufactures, tests,
45 packages, stores or sells cannabis plants or harvested cannabis under this chapter. The bill
46 directs the office to, as expeditiously as possible, remove from the office's website and
47 otherwise from public availability, except upon request, any such nonconfidential
48 information regarding registered caregivers.
7. It prohibits the department from requiring a caregiver retail store, registered dispensary, cannabis testing facility or manufacturing facility to use a form provided by the department to demonstrate municipal approval or other local authorization, if such approval or authorization is required by the municipality in which the store, dispensary or facility is seeking to operate.
8. It provides that a caregiver retail store, registered dispensary, cannabis testing facility or manufacturing facility that was previously issued by the department a registration or other authorization to operate and was subsequently denied such registration or other authorization based solely on the failure of the store, dispensary or facility to obtain a completed form provided by the department to demonstrate municipal approval or other local authorization, or based solely on the failure of the municipality to adopt or amend an ordinance or approve a warrant article as required by law, is deemed in compliance with applicable municipal approval or local authorization requirements under the Act. A caregiver retail store, registered dispensary, cannabis testing facility or manufacturing facility deemed in compliance with applicable municipal approval or local authorization requirements pursuant to this provision may request and the department shall issue a registration or other authorization to renew operations, provided that: the store, dispensary or facility is to be located in the same municipality in which it was located when last issued a registration or other authorization to operate by the department; and the store, dispensary or facility satisfies all other applicable registration or authorization requirements pursuant to the Act and adopted rules, excluding any such requirements relating to municipal approval or local authorization and any such requirements that the store, dispensary or facility maintain continuous operation since it was last issued a registration or other authorization to operate by the department.
9. It provides that the Department of Administrative and Financial Services, in its annual report to the Legislature regarding the medical cannabis program, must include information regarding the gross sales of cannabis for medical use for the current and prior fiscal years.
10. It directs the Department of Administrative and Financial Services, Office of Cannabis Policy, on or before January 9, 2026, to provisionally adopt and submit for legislative review major substantive rules necessary to implement the medical cannabis research grant program in accordance with the Maine Revised Statutes, Title 22, section
2430, subsection 5.
Statutes affected: Bill Text LD 1840, SP 723: 22.2421, 22.2422, 22.2423, 22.2425, 22.2428, 22.2429, 22.2430