130th MAINE LEGISLATURE
FIRST SPECIAL SESSION-2021
Legislative Document No. 1582
S.P. 496 In Senate, April 27, 2021
An Act To Enact the Maine Psilocybin Services Act
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 5 MRSA §12004-I, sub-§47-J is enacted to read:
3 47-J.
4 Human Maine Psilocybin Advisory Board Expenses/ 28-B MRSA
5 Services Legislative Per §2142
6 Diem
74 Sec. 2. 17-A MRSA §1111-A, sub-§1, as amended by PL 2017, c. 409, Pt. B, §6,
85 is further amended to read:
9 1. As used in this section the term "drug paraphernalia" means all equipment, products
10 and materials of any kind that are used or intended for use in planting, propagating,
11 cultivating, growing, harvesting, manufacturing, compounding, converting, producing,
12 processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
13 concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a
14 scheduled drug in violation of this chapter or Title 22, section 2383, except that this section
15 does not apply to a person who is authorized to possess marijuana for medical use pursuant
16 to Title 22, chapter 558‑C, to the extent the drug paraphernalia is used for that person's
17 medical use of marijuana; to a person who is authorized to possess marijuana pursuant to
18 Title 28‑B, to the extent the drug paraphernalia is used for that person's adult use of
19 marijuana; or to a marijuana store licensed pursuant to Title 28‑B, to the extent that the
20 drug paraphernalia relates to the sale or offering for sale of marijuana by the marijuana
21 store; or to a licensee pursuant to Title 28-B, to the extent the licensee is authorized to
22 possess psilocybin. It includes, but is not limited to:
23 A. Kits used or intended for use in planting, propagating, cultivating, growing or
24 harvesting of any species of plant which is a scheduled drug or from which a scheduled
25 drug can be derived;
26 B. Kits used or intended for use in manufacturing, compounding, converting,
27 producing, processing or preparing scheduled drugs;
28 C. Isomerization devices used or intended for use in increasing the potency of any
29 species of plant that is a scheduled drug;
30 D. Testing equipment used or intended for use in identifying or in analyzing the
31 strength, effectiveness or purity of scheduled drugs;
32 E. Scales and balances used or intended for use in weighing or measuring scheduled
33 drugs;
34 F. Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite,
35 dextrose and lactose, used or intended for use in cutting scheduled drugs;
36 G. Separation gins and sifters, used or intended for use in removing twigs and seeds
37 from, or in otherwise cleaning or refining, marijuana;
38 H. Blenders, bowls, containers, spoons and mixing devices used or intended for use in
39 compounding scheduled drugs;
40 I. Capsules, balloons, envelopes and other containers used or intended for use in
41 packaging small quantities of scheduled drugs;
Page 1 - 130LR0211(01)
 1 J. Containers and other objects used or intended for use in storing or concealing
2 scheduled drugs; and
3 K. Objects used or intended for use in ingesting, inhaling or otherwise introducing
4 marijuana, cocaine, hashish or hashish oil into the human body, such as:
5 (1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without
6 screens, permanent screens, hashish heads or punctured metal bowls;
7 (2) Water pipes;
8 (3) Carburetion tubes and devices;
9 (4) Smoking and carburetion masks;
10 (5) Roach clips, meaning objects used to hold burning material, such as a
11 marijuana cigarette that has become too small or too short to be held in the hand;
12 (6) Miniature cocaine spoons and cocaine vials;
13 (7) Chamber pipes;
14 (8) Carburetor pipes;
15 (9) Electric pipes;
16 (10) Air-driven pipes;
17 (11) Chillums;
18 (12) Bongs; or
19 (13) Ice pipes or chillers.
20 Sec. 3. 25 MRSA §1542-A, sub-§1, ¶R, as amended by PL 2019, c. 343, Pt. G,
21 §5; c. 399, §3; c. 402, §3; and c. 416, §3, is repealed and the following enacted in its place:
22 R. Who is required to have a criminal background check under Title 22, section
23 8302-A or 8302-B.
24 Sec. 4. 25 MRSA §1542-A, sub-§1, ¶S, as enacted by PL 2019, c. 399, §4 and c.
25 402, §4 and reallocated by c. 343, Pt. G, §4 and c. 416, §2, is repealed and the following
26 enacted in its place:
27 S. Who is required to have a criminal history record check under Title 22, section
28 2425‑A, subsection 3‑A.
29 Sec. 5. 25 MRSA §1542-A, sub-§1, ¶T, as enacted by PL 2019, c. 399, §4; c. 402,
30 §4; and c. 416, §4, is repealed and the following enacted in its place:
31 T. Who is required to have a criminal history record check under Title 22, section
32 8110.
33 Sec. 6. 25 MRSA §1542-A, sub-§1, ¶U, as enacted by PL 2019, c. 616, Pt. S, §2,
34 is reallocated to 25 MRSA §1542-A, sub-§1, ¶X.
35 Sec. 7. 25 MRSA §1542-A, sub-§1, ¶V is enacted to read:
36 V. Who is employed or may be offered employment by the Office of the State Auditor
37 as required under Title 5, section 247.
38 Sec. 8. 25 MRSA §1542-A, sub-§1, ¶W is enacted to read:
Page 2 - 130LR0211(01)
 1 W. Who is required to have a criminal history record check under Title 19-A, section
2 2111.
3 Sec. 9. 25 MRSA §1542-A, sub-§1, ¶Y is enacted to read:
4 Y. Who is required to submit to a criminal history record check pursuant to Title 28-B,
5 Part 2.
6 Sec. 10. 25 MRSA §1542-A, sub-§3, ¶O, as repealed by PL 2019, c. 343, Pt. G,
7 §8 and c. 416, §5 and repealed and replaced by c. 399, §5 and c. 402, §5, is repealed and
8 the following enacted in its place:
9 O. The State Police shall take or cause to be taken the fingerprints of the person named
10 in subsection 1, paragraph P at the request of that person and upon payment of the
11 expenses by that person as required by Title 32, section 2571‑A.
12 Sec. 11. 25 MRSA §1542-A, sub-§3, ¶S, as enacted by PL 2019, c. 399, §6; c.
13 402, §6; and c. 416, §7, is repealed and the following enacted in its place:
14 S. The State Police shall take or cause to be taken the fingerprints of the person named
15 in subsection 1, paragraph T at the request of that person or the Department of Health
16 and Human Services pursuant to Title 22, section 8110.
17 Sec. 12. 25 MRSA §1542-A, sub-§3, ¶T, as enacted by PL 2019, c. 616, Pt. S, §3
18 and c. 644, §2, is repealed and the following enacted in its place:
19 T. The State Police shall take or cause to be taken the fingerprints of the person named
20 in subsection 1, paragraph U at the request of that person and upon payment of the
21 expenses by the Department of Labor, Bureau of Unemployment Compensation as
22 specified under Title 26, section 1085, subsection 3.
23 Sec. 13. 25 MRSA §1542-A, sub-§3, ¶U is enacted to read:
24 U. The State Police shall take or cause to be taken the fingerprints of the person named
25 in subsection 1, paragraph V at the request of that person or the Office of the State
26 Auditor and upon payment by the Office of the State Auditor of the fee established in
27 Title 5, section 247, subsection 3.
28 Sec. 14. 25 MRSA §1542-A, sub-§3, ¶V is enacted to read:
29 V. The State Police shall take or cause to be taken the fingerprints of the person named
30 in subsection 1, paragraph W at the request of that person or the Department of Health
31 and Human Services pursuant to Title 19-A, section 2111.
32 Sec. 15. 25 MRSA §1542-A, sub-§3, ¶W is enacted to read:
33 W. The State Police shall take or cause to be taken the fingerprints of the person named
34 in subsection 1, paragraph X at the request of that person or the Department of
35 Administrative and Financial Services, Office of Information Technology, and upon
36 payment of the fee as provided under Title 5, section 1986.
37 Sec. 16. 25 MRSA §1542-A, sub-§3, ¶X is enacted to read:
38 X. The State Police shall take or cause to be taken the fingerprints of the person named
39 in subsection 1, paragraph Y at the request of that person and upon payment of the
40 expenses by that person.
Page 3 - 130LR0211(01)
 1 Sec. 17. 25 MRSA §1542-A, sub-§4, as repealed and replaced by PL 2019, c. 343,
2 Pt. G, §10; c. 399, §7; c. 402, §7; and c. 416, §8, is repealed and the following enacted in
3 its place:
4 4. Duty to submit to State Bureau of Identification. It is the duty of the law
5 enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B
6 and G to transmit immediately to the State Bureau of Identification the criminal fingerprint
7 record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or pursuant to
8 subsection 5 may not be submitted to the State Bureau of Identification unless an express
9 request is made by the commanding officer of the State Bureau of Identification.
10 Fingerprints taken pursuant to subsection 1, paragraph G must be transmitted immediately
11 to the State Bureau of Identification to enable the bureau to conduct state and national
12 criminal history record checks for the Department of Education. The bureau may not use
13 the fingerprints for any purpose other than that provided for under Title 20‑A, section 6103.
14 The bureau shall retain the fingerprints, except as provided under Title 20‑A, section 6103,
15 subsection 9. Fingerprints taken pursuant to subsection 1, paragraph I and subsection 3,
16 paragraph I must be transmitted immediately to the State Bureau of Identification to enable
17 the bureau to conduct state and national criminal history record checks for the court and
18 the Department of Public Safety, Gambling Control Board, respectively. Fingerprints
19 taken pursuant to subsection 1, paragraph J or S must be transmitted immediately to the
20 State Bureau of Identification to enable the bureau to conduct state and national criminal
21 history record checks for the Department of Administrative and Financial Services.
22 Fingerprints taken pursuant to subsection 1, paragraph P must be transmitted immediately
23 to the State Bureau of Identification to enable the bureau to conduct state and national
24 criminal history record checks for the Board of Osteopathic Licensure, established in Title
25 32, chapter 36. Fingerprints taken pursuant to subsection 1, paragraph N must be
26 transmitted immediately to the State Bureau of Identification to enable the bureau to
27 conduct state and national criminal history record checks for the Board of Licensure in
28 Medicine, established in Title 32, chapter 48. Fingerprints taken pursuant to subsection 1,
29 paragraph Q must be transmitted immediately to the State Bureau of Identification to enable
30 the bureau to conduct state and national criminal history record checks for the State Board
31 of Nursing, established in Title 32, chapter 31. Fingerprints taken pursuant to subsection
32 1, paragraph O must be transmitted immediately to the State Bureau of Identification to
33 enable the bureau to conduct state and national criminal history record checks under Title
34 28-B, section 204. Fingerprints taken pursuant to subsection 1, paragraph R, T or W must
35 be transmitted immediately to the State Bureau of Identification to enable the bureau to
36 conduct state and national criminal history record checks for the Department of Health and
37 Human Services. Fingerprints taken pursuant to subsection 1, paragraph V must be
38 transmitted immediately to the State Bureau of Identification to enable the bureau to
39 conduct state and national criminal history record checks for the Office of the State Auditor.
40 Sec. 18. 28-B MRSA, headnote is amended to read:
41 TITLE 28-B
42 ADULT USE MARIJUANA AND PSILOCYBIN
Page 4 - 130LR0211(01)
 1 Sec. 19. 28-B MRSA Pt. 1 is enacted by adding before chapter 1 the following to
2 read:
3 PART 1
4 ADULT USE MARIJUANA
5 Sec. 20. 28-B MRSA Pt. 2 is enacted to read:
6 PART 2
7 PSILOCYBIN
8 CHAPTER 5
9 MAINE PSILOCYBIN SERVICES ACT
10 SUBCHAPTER 1
11 GENERAL PROVISIONS
12 §2001. Short title
13 This chapter may be known and cited as "the Maine Psilocybin Services Act."
14 §2002. Definitions
15 As used in this chapter, unless the context otherwise indicates, the following terms
16 have the following meanings.
17 1. Administration session. "Administration session" means a session held at a
18 psilocybin service center at which a client purchases, consumes and experiences the effects
19 of a psilocybin product under the supervision of a psilocybin service facilitator.
20 2. Board. "Board" means the Maine Psilocybin Advisory Board under section 2142.
21 3. Business entity. "Business entity" means a corporation, limited liability company,
22 limited partnership or other legal entity that is registered with the office of the Secretary of
23 State.
24 4. Client. "Client" means an individual who is provided psilocybin services in this
25 State.
26 5. Client information form. "Client information form" means the form required to be
27 completed by a client under subchapter 8.
28 6. Department. "Department" means the Department of Health and Human Services.
29 7. Integration session. "Integration session" means a meeting between a client and a
30 psilocybin service facilitator that may occur after the client completes an administration
31 session.
Page 5 - 130LR0211(01)
 1 8. Licensee. "Licensee" means a person holding a current, valid license issued under
2 this chapter.
3 9. Licensee representative. "Licensee representative" means an owner, director,
4 officer, manager, employee, agent or other representative of a licensee to the extent that
5 person acts in a representative capacity.
6 10. Manufacture. "Manufacture" means the cultivation, harvesting, production,
7 preparation, propagation, compounding, conversion or processing of a psilocybin product
8 by extraction from substances of natural origin or by means of chemical synthesis, or by a
9 combination of extraction and chemical synthesis, and includes any packaging of the
10 psilocybin product or labeling of its container.
11 11. Premises. "Premises" means all public and private enclosed areas as well as areas
12 outside of a building at a location, other than a person's primary residence, that are used for
13 activities licensed under this chapter, including manufacturing psilocybin products,
14 operating a psilocybin service center or providing psilocybin services to clients, and
15 includes but is not limited to offices, kitchens, rest rooms and storerooms.
16 12. Preparation session. "Preparation session" means a meeting between a client and
17 a psilocybin service facilitator that must occur before the client participates in an
18 administration session.
19 13. Psilocybin. "Psilocybin" means the naturally occurring compound produced by
20 various species of fungi as well as psilocin, the substance into which psilocybin is
21 converted in the human body.
22 14. Psilocybin Control and Regulation Fund. "Psilocybin Control and Regulation
23 Fund" means the fund established under subchapter 13.
24 15. Psilocybin manufacturing facility. "Psilocybin manufacturing facility" means a
25 facility licensed under subchapter 4.
26 16. Psilocybin product. "Psilocybin product" means psilocybin-producing fungi or
27 mixtures or substances containing a detectable amount of psilocybin. "Psilocybin product"
28 does not include psilocybin services.
29 17. Psilocybin service center. "Psilocybin service center" means a place where the
30 activities licensed under subchapter 5 may be conducted.
31 18. Psilocybin service center operator. "Psilocybin service center operator" means a
32 person or entity that operates a psilocybin service center.
33 19. Psilocybin service facilitator. "Psilocybin service facilitator" means a person or
34 entity licensed in accordance with subchapter 6.
35 20. Psilocybin services. "Psilocybin services" means services provided to a client
36 before, during and after the client's consumption of a psilocybin product, including a
37 preparation session, administration session and integration session.
38 21. Testing facility. "Testing facility" means a facility licensed under subchapter 7.
39 §2003. Scope
40 1. Limitations. A person may not use, possess or manufacture psilocy