LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
679
MAY 1, 2024 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 32 - L.D. 40
An Act to Protect Liberty and Advance Justice in the Administration and
Enforcement of the Cannabis Legalization Act and the Maine Medical Use of
Cannabis Act
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 3 MRSA §959, sub-§1, ¶J, as amended by PL 2021, c. 617, §1, is further
amended to read:
J. The joint standing committee of the Legislature having jurisdiction over veterans
and legal affairs shall use the following list as a guideline for scheduling reviews:
(2) State Liquor and Lottery Commission in 2023;
(3) The Department of Administrative and Financial Services, Bureau of
Alcoholic Beverages and Lottery Operations with regard to the enforcement of the
law relating to the manufacture, importation, storage, transportation and sale of all
liquor and the laws relating to licensing and the collection of taxes on malt liquor
and wine in 2023; and
(4) Department of Defense, Veterans and Emergency Management in 2027, except
for the Maine Emergency Management Agency within the department.; and
(5) Department of Administrative and Financial Services, Office of Cannabis
Policy with regard to the administration and enforcement of the laws relating to the
Cannabis Legalization Act and the Maine Medical Use of Cannabis Act in 2031.
Sec. A-2. 3 MRSA §959, sub-§1, ¶S, as enacted by PL 2021, c. 617, §1 and
amended by c. 669, §5, is repealed.
Sec. A-3. 22 MRSA §2421-A is enacted to read:
§2421-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
Page 1 - 131LR0543(05)
 1. Assistant. "Assistant" means an individual who is paid to perform a service for a
registrant, whether as an employee or independent contractor, in accordance with this
chapter.
2. Cannabis concentrate. "Cannabis concentrate" means the resin extracted from
any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or
preparation from such resin, including, but not limited to, hashish. "Cannabis concentrate"
does not include resin extracted from hemp as defined in Title 7, section 2231, subsection
1‑A, paragraph D.
3. Cannabis extraction. "Cannabis extraction" means the process of extracting
cannabis concentrate from harvested cannabis using water, lipids, gases, solvents or other
chemicals or chemical processes. "Cannabis extraction" does not include the process of
extracting concentrate from hemp as defined in Title 7, section 2231, subsection 1-A,
paragraph D.
4. Cannabis Legalization Act. "Cannabis Legalization Act" means the laws
governing adult use of cannabis under Title 28-B, chapter 1.
5. Cannabis paraphernalia. "Cannabis paraphernalia" means equipment, products,
devices and materials that are used for planting, propagating, cultivating, harvesting,
processing, preparing, testing, packaging or storing cannabis for medical use or used for
ingesting, inhaling or otherwise consuming cannabis for medical use. "Cannabis
paraphernalia" includes, but is not limited to:
A. Kits used for planting, propagating, cultivating or harvesting a cannabis plant;
B. Isomerization devices used for adjusting the potency of a cannabis plant;
C. Testing equipment used for identifying or analyzing the potency, effectiveness or
purity of a cannabis plant or harvested cannabis;
D. Scales and balances used for weighing or measuring harvested cannabis;
E. Separation gins and sifters used for removing twigs and seeds from, or in otherwise
cleaning or refining, harvested cannabis;
F. Envelopes and other containers used for packaging small quantities of harvested
cannabis for medical use;
G. Containers and other objects used for storing harvested cannabis;
H. Rolling papers, cigarette papers or wraps used for rolling harvested cannabis for
smoking;
I. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without
screens, chillums or punctured metal bowls used for smoking harvested cannabis; and
J. Electronic smoking devices used for simulating the smoking of harvested cannabis
or cannabis products through the inhalation of vapor or aerosol from the device.
6. Cannabis plant. "Cannabis plant" means a plant of the genus Cannabis sativa L.
"Cannabis plant" does not include hemp as defined in Title 7, section 2231, subsection 1-A,
paragraph D.
7. Cannabis product. "Cannabis product" means a product composed of harvested
cannabis and other ingredients that is intended for medical use. "Cannabis product"
Page 2 - 131LR0543(05)
includes, but is not limited to, an edible cannabis product, a cannabis ointment and a
cannabis tincture. "Cannabis product" does not include cannabis concentrate or a product
containing hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
8. Cannabis testing facility. "Cannabis testing facility" means a public or private
laboratory that is:
A. Authorized in accordance with section 2423-A, subsection 10 to analyze
contaminants in and the potency and cannabinoid profile of samples; and
B. Accredited pursuant to standard ISO/IEC 17025 of the International Organization
for Standardization by a 3rd-party accrediting body or is certified, registered or
accredited by an organization approved by the office.
9. Cannabis tincture. "Cannabis tincture" means a solution that is intended to be
consumed orally and is prepared from harvested cannabis blended with an edible solvent.
10. Cardholder. "Cardholder" means an individual who has been issued and
possesses a valid registry identification card.
11. Caregiver. "Caregiver" means an individual who provides care for a qualifying
patient in accordance with this chapter.
12. Caregiver retail store. "Caregiver retail store" means a store authorized in
accordance with this chapter and used by a registered caregiver to sell cannabis
paraphernalia, cannabis plants, harvested cannabis, related supplies or educational
materials to qualifying patients and other items to the general public at a fixed location.
13. Certified nurse practitioner. "Certified nurse practitioner" means a registered
professional nurse licensed under Title 32, chapter 31 who has received postgraduate
education designed to prepare the nurse for advanced practice registered nursing in a
clinical specialty in nursing that has a defined scope of practice and who has been certified
in the clinical specialty by a national certifying organization acceptable to the State Board
of Nursing.
14. Child-resistant. "Child-resistant" means, with respect to packaging or a container:
A. Specially designed or constructed to be significantly difficult for a typical child
under 5-years of age to open and not to be significantly difficult for a typical adult to
open and reseal; and
B. With respect to any product intended for more than a single use or that contains
multiple servings, resealable.
15. Commissioner. "Commissioner" means the Commissioner of Administrative and
Financial Services.
16. Complete application. "Complete application" means, with respect to an
application for a registry identification card or a registration certificate, that:
A. The applicant has completed and submitted to the office all application forms
required and provided by the office;
B. If required by the office pursuant to this chapter, the applicant has submitted to a
criminal history record check;
Page 3 - 131LR0543(05)
 C. If applying for a registry identification card for a caregiver or a registration
certificate for a dispensary, the applicant has registered with the State Tax Assessor
pursuant to Title 36, section 1754-B to collect and remit the sales tax on the sale of
harvested cannabis imposed under Title 36, section 1811 and has provided to the office
documentation of the registration; and
D. If applying for a registration certificate for a dispensary, the applicant has submitted
to the office documentation sufficient to show that the applicant has fulfilled any
applicable municipal authorization requirements for the municipality in which the
applicant intends to operate the dispensary.
17. Cultivation area. "Cultivation area" means an indoor or outdoor area used for
cultivation of mature cannabis plants, immature cannabis plants or seedlings in accordance
with this chapter. A cultivation area may include multiple indoor or outdoor areas, whether
contiguous or noncontiguous, on the same parcel or tract of land.
18. Department. "Department" means the Department of Administrative and
Financial Services.
19. Disqualifying drug offense. "Disqualifying drug offense" means a conviction for
a violation of a state or federal controlled substance law that is a crime punishable by
imprisonment for one year or more. It does not include:
A. An offense for which the sentence, including any term of probation, incarceration
or supervised release, was completed 5 or more years earlier;
B. An offense that consisted of conduct that would have been permitted under this
chapter; or
C. An offense that consisted of conduct that would be authorized under Title 28-B or
that, if the person convicted of the offense had been acting under the authority of a
license pursuant to Title 28-B, would have been authorized under Title 28-B.
20. Edible cannabis product. "Edible cannabis product" means a cannabis product
intended to be consumed orally, including, but not limited to, any type of food, drink or pill
containing harvested cannabis. "Edible cannabis product" does not include an edible
product containing hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
21. Harvested cannabis. "Harvested cannabis" means the plant material harvested
from a mature cannabis plant, except the stalks, leaves and roots of the plant that are not
used for a qualifying patient's medical use. "Harvested cannabis" includes cannabis
concentrate and cannabis products. "Harvested cannabis" does not include plant material
harvested from hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
22. Immature cannabis plant. "Immature cannabis plant" means a cannabis plant
that is not a mature cannabis plant or seedling. "Immature cannabis plant" does not include
hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
23. Immature plant canopy. "Immature plant canopy" means the total surface area
within a cultivation area where immature cannabis plants are growing. The surface area of
the immature plant canopy must be calculated in square feet and measured using the outside
boundaries of the area and must include all of the area within the boundaries. If the surface
area of the immature plant canopy consists of noncontiguous areas, each component area
must be separated by identifiable boundaries. If a tiered or shelving system is used in the
Page 4 - 131LR0543(05)
cultivation area, the surface area of each tier or shelf must be included in calculating the
area of the immature plant canopy. Calculation of the surface area of the immature plant
canopy may not include the areas within the cultivation area that are not used at any time
to cultivate immature cannabis plants.
24. Inherently hazardous substance. "Inherently hazardous substance" means a
liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a flash
point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, propane
and diethyl ether. "Inherently hazardous substance" does not include any form of alcohol
or ethanol.
25. Long-term care facility. "Long-term care facility" means a hospice provider
facility licensed under chapter 1681; a nursing facility licensed under chapter 405; an
assisted living facility licensed under chapter 1663 or 1664; or a facility or program
licensed under chapter 1663 that provides care for a qualifying patient in accordance with
this chapter.
26. Manufacture or manufacturing. "Manufacture" or "manufacturing" means the
production, blending, infusing, compounding or other preparation of cannabis concentrate
and cannabis products, including, but not limited to, cannabis extraction or preparation by
means of chemical synthesis.
27. Manufacturing facility. "Manufacturing facility" means a registered tier 1 or tier
2 manufacturing facility or a person authorized to engage in cannabis extraction in
accordance with this chapter.
28. Mature cannabis plant. "Mature cannabis plant" means a flowering female
cannabis plant. "Mature cannabis plant" does not include hemp as defined in Title 7,
section 2231, subsection 1-A, paragraph D.
29. Mature plant canopy. "Mature plant canopy" means the total surface area within
a cultivation area where mature cannabis plants are growing. The surface area of the mature
plant canopy must be calculated in square feet and measured using the outside boundaries
of the area and must include all of the area within the boundaries. If the surface area of the
mature plant canopy consists of noncontiguous areas, each component area must be
separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation
area, the surface area of each tier or shelf must be included in calculating the area of the
mature plant canopy. Calculation of the surface area of the mature plant canopy may not
include the areas within the cultivation area that are not used at any time to cultivate mature
cannabis plants.
30. Medical provider. "Medical provider" means a physician, a certified nurse
practitioner or a physician assistant.
31. Medical use. "Medical use" means the acquisition, possession, cultivation,
manufacture, use, delivery, transfer or transportation of cannabis or cannabis paraphernalia
relating to the administration of cannabis to treat or alleviate a qualifying patient's medical
diagnosis or symptoms for which a medical provider has provided the qualifying patient a
written certification under this chapter.
32. Member of the family. "Member of the family" means an individual who is a
resident of the State and who is a spouse, domestic partner, child, sibling, sibling of a
Page 5 - 131LR0543(05)
parent, child of a sibling, parent, stepparent, grandparent or grandchild of another
individual.
33. Members of the same household. "Members of the same household" means 2 or
more individuals who are residents of the State and who reside in a shared dwelling unit.
34. Minor. "Minor" means a person who has not attained 21 years of age.
35. Office. "Office" means the Office of Cannabis Policy established in Title 28-B,
section 104-A within the department.
36. Officer or director. "Officer or director" means, when used with respect to any
nonprofit, for-profit or other organization governed by this chapter, a director, manager,
shareholder, board member, partner or other individual holding a management position or
ownership interest in the organization.
37. Physician. "Physician" means an individual licensed as an osteopathic physician
by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or an individual
licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant to Title
32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement
Administration license to prescribe drugs.
38. Physician assistant. "Physician assistant" means an individual licensed as a
physician assistant by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36
or an individual licensed as a physician assistant by the Board of Licensure in Medicine
pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug
Enforcement Administration license to prescribe drugs.
39. Qualifying patient. "Qualifying patient" means an individual who has been a
resident of the State for at least 30 days and who possesses a valid written certification
regarding medical use of cannabis in accordance with this chapter.
40. Registered caregiver. "Registered caregiver" means a caregiver who is registered
by the office pursuant to this chapter.
41. Registered dispensary. "Registered dispensary" means an entity registered in
accordance with this chapter that acquires, possesses, cultivates, manufactures, delivers,
transfers, transports, sells, supplies or dispenses cannabis paraphernalia, cannabis plants,
harvested cannabis, related supplies or educational materials to qualifying patients and the
caregivers of those patients.
42. Registrant. "Registrant" means a registered caregiver, dispensary, cannabis testing
facility, manufacturing facility or person authorized to engage in cannabis extraction using
inherently hazardous substances under this chapter.
43. Registrant agent. “Registrant agent" means an assistant, employee, officer,
director or other authorized agent of a registered caregiver, dispensary, cannabis testing
facility, manufacturing facility or person authorized to engage in cannabis extraction using
inherently hazardous substances under this chapter.
44. Registration certificate. "Registration certificate" means a document issued by
the office that identifies a person who has registered with the office