Marijuana Legalization Implementation Committee
Schedule for the week of 5/1/17 - 5/5/17
Tuesday: 5/2/17 1:00pm Committee discussion of licensing of retail marijuana testing laboratories and health and safety issues. Committee discussion of requirements for licensees of retail cultivation facilities. Meeting to include 30-minute public comment period on the licensing of retail marijuana cultivation facilities.
Friday: 5/5/17 9:00am Continued committee discussion of licensing of retail marijuana cultivation facilities. Meeting to include 30-minute public comment period on licensing of retail marijuana cultivation facilities.
Wednesday, May 3, 2017
1:00pm State House Room #436 Public hearing for work session LD 1333
"An act to enact the drug trafficking Offender Registration and notification Act"
New Bills out ......... this week
LD 1406 "An Act To Promote Prescription Drug Price Transparency"
This bill amends the law governing profiteering in prescription drugs. The bill requires more disclosure of drug production, research and development costs, marketing and advertising costs and actual costs paid upon purchase. The bill allows investigations by the Attorney General of violations of these provisions. The bill adds a required written report from the Attorney General each year.
New Bills out last week......
LD 1491: "An Act To Provide for Safety, Quality and Transparency in the Retail Marijuana Industry"
This Bill appears to have been crafted by dispensaries and pertains to adult use. The following summarizes it's scope:
1. It transfers the state licensing authority from the Department of Agriculture, Conservation and Forestry to the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations.
2. It allows for the limited sale of marijuana for adult use while the bureau begins the rule-making process and issuing licenses for retail marijuana establishments pursuant to those rules by allowing dispensaries registered under the Maine Medical Use of on a notfor- profit basis and exempts such reorganizations from the requirement to obtain court
approval or provide notice.
6. It imposes Maine state residency requirements on all applicants. It also allows for the transfer of a retail marijuana establishment or social club license to a person or entity that does not meet the residency requirement and allows for investment in a retail marijuana establishment or social club license by a person or entity that does not meet the residency requirement once the retail marijuana establishment or social club licensee has been operational for 2 years.
7. It allows for an entity or individual with a minority ownership interest in a retail marijuana testing facility to also have an ownership interest in a retail marijuana establishment or retail marijuana social club to encourage investment in retail marijuana testing facilities. It prohibits testing facilities from testing retail marijuana and retail marijuana products from or intended to be sold at a medical dispensary, by a caregiver or at a retail marijuana establishment or social club in which the retail marijuana testing facility licensee has any financial interest.
Marijuana Act to sell limited marijuana retail products to persons 21 years of age or older in accordance with certain conditions. These early sales provisions are repealed December 31, 2018 unless the bureau has not, as of December 31, 2018, begun issuing licenses for retail marijuana establishments, in which case the dispensaries can continue to sell limited marijuana retail products until the bureau begins, through final agency action,
to issue licenses for retail marijuana establishments. It allows registered dispensaries to purchase marijuana and marijuana products from registered primary caregivers for purposes of distribution to persons 21 years of age and older. It imposes a tax of 10% of the sale price of limited marijuana retail products. It allocates 10% of the tax revenue to the municipality where the tax-paying dispensary is located, 45% of the tax revenue to the Department of Health and Human Services to fund regulatory oversight and enforcement of sales of limited marijuana retail products as well as efforts by the department to deter use of marijuana by persons under 21 years of age and the remaining
45% to the bureau to fund administration, regulatory development and enforcement of the Marijuana Legalization Act. It also imposes state sales tax on limited marijuana retail products.
3. It imposes additional financial qualifications on applicants for retail marijuana establishments and retail marijuana social clubs to ensure future regulatory compliance.
4. It imposes annual financial audit responsibilities on all license holders.
5. It removes the requirement that a dispensary under the Maine Medical Use of Marijuana Act be incorporated under the Maine Nonprofit Corporation Act and operated
LD 1499: "An Act To Better Regulate Marijuana"
Another Bill that appears to have been written by dispensary interests however pertains only to Adult Use. Here is the Summary:
This bill proposes to revise the laws regarding recreational marijuana sales and use to:
1. Change the state licensing authority from the Department of Agriculture,
Conservation and Forestry to the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations;
2. Clarify the licensing preferences for medical marijuana dispensaries and
caregivers under the Marijuana Legalization Act;
3. Establish a provisional license to allow marijuana dispensaries licensed under the Maine Medical Use of Marijuana Act to participate in the retail sale of marijuana prior to the establishment of licenses for retail marijuana establishments;
4. Expand protections for minors by modeling the laws regarding distribution,
possession and use of marijuana by persons under 21 years of age on the laws prohibiting the distribution, possession and use of alcohol by persons under 21 years of age;
5. Establish a special marijuana tax at the rate of 10% on the retail sale of marijuana by marijuana dispensaries. This tax is in addition to the sales tax currently imposed on medical marijuana and is only imposed until the retail sale of marijuana by other establishments is authorized by the bureau;
6. Modify the record-keeping, audit and other compliance requirements of a person licensed as a retail marijuana establishment or retail marijuana social club;
7. Authorize a nonprofit medical marijuana dispensary to reorganize as a for-profit entity; and
8. Increase the sales tax on retail marijuana and marijuana products from 10% to 20%.
LD 1527: "An Act To Ensure Safety, Quality and Transparency in the Medical Marijuana Market and To Ensure Sufficient Funding for Regulation and
Enforcement with Respect to the Retail Marijuana Industry"
This Bill seems to make an attempt at increasing safety in both programs and does not appear overly excessive.
This bill amends the Maine Medical Use of Marijuana Act in the following ways.
1. It imposes mandatory testing, labeling and record-keeping requirements on
registered dispensaries. It provides that registered dispensaries are subject to inspection by the local fire department, building inspector or code enforcement officer to confirm that no health or safety concerns are present and that local health and safety ordinances apply to registered dispensaries.
2. It imposes mandatory testing, labeling and record-keeping requirements on
registered primary caregivers. It provides that registered primary caregivers are subject to inspection by the Department of Health and Human Services to ensure regulatory compliance. It provides that registered primary caregivers are subject to inspection by the local fire department, building inspector or code enforcement officer to confirm that no health or safety concerns are present and that local health and safety ordinances apply to registered primary caregivers.
3. It provides that mandatory testing of medical marijuana and medical marijuana products may be conducted by testing facilities licensed under either the Maine Medical Use of Marijuana Act or the Marijuana Legalization Act.
4. It imposes a special tax of 20% on retail marijuana and retail marijuana products sold by retail marijuana stores and retail marijuana social clubs to ensure that the tax revenue generated is sufficient to fund enforcement and regulation with respect to the retail marijuana industry. It also provides that in addition to this special tax, retail marijuana and retail marijuana products are subject to the state sales tax.
Lastly, we have MMCM's Bill:
LD 1539: "An Act to Amend Maine's Medical Marijuana Laws".
1. Amends definitions to add terms and to expand upon or provide clarity for
2. Amends the qualifying condition of intractable pain to include pain that a medical provider determines is not managed effectively by prescription narcotics and allows a medical provider the discretion to issue a written certification for any medical condition that the physician believes may be alleviated by the patient's using marijuana for medical use. It also requires consultation with a minimum of 3 medical professionals, one of whom may be selected by the petitioner, prior to accepting or denying a petition to add a
debilitating medical condition as a qualifying condition;
3. Replaces the limit of 2 1/2 ounces of marijuana that may be dispensed to a
qualifying patient who is a Maine resident during a 15-day period with a limit of no more than 2 pounds in one transfer;
4. Allows a qualifying patient who is cultivating marijuana to furnish seeds and
plants to another qualifying patient;
5. Permits a qualifying patient to designate more than one primary caregiver to assist the patient; the additional primary caregivers may not cultivate marijuana for the patient;
6. Prohibits a visiting qualifying patient, who is not a resident of Maine, from
7. Permits a primary caregiver designated to cultivate marijuana to furnish seeds and plants to an authorized person;
8. Increases the number of employees that a registered cultivating primary caregiver may employ. A primary caregiver designated to cultivate can employ one person for each registry identification card the caregiver is issued;
9. Permits a primary caregiver designated to cultivate marijuana to dispose of
marijuana by transferring the marijuana to a designated primary caregiver; current law allows the transfer to a dispensary;
10. Allows for certain authorized transfers of marijuana by a primary caregiver
designated to cultivate marijuana for reasonable compensation;
11. Allows a primary caregiver who is assisting no more than 2 patients who are members of the primary caregiver's household or family to not register with the department;
12. Authorizes a primary caregiver designated to cultivate marijuana to cultivate up to 6 mature marijuana plants per registry identification card. The maximum number of plants allowed for cultivation is the same as in current law;
13. Removes the limit of 2 1/2 ounces of prepared marijuana and establishes the allowable amount of harvested marijuana to be up to 8 pounds that may be possessed by a patient or authorized person on behalf of a patient. It also establishes the allowable amount of marijuana to be up to 8 pounds per registry identification card for a designated primary caregiver required to register, no more than 8 pounds per patient, up to 2 patients, for a primary caregiver not required to register and 8 pounds per patient for a
dispensary designated by a patient;
14. Establishes tracking and reporting requirements for primary caregivers and
15. Permits the Department of Health and Human Services to inspect areas related to marijuana for medical use to assess compliance with the laws regulating marijuana;
16. Reduces the review period from 10 days to 3 business days for a 2nd physician consultation in order for a qualifying patient who is a minor to obtain a written certification when there is a list of consulting physicians and permits a physician to proceed with certification for a minor in the absence of a consulting physician list maintained by the department. It allows the Medical Use of Marijuana Fund to be used at the department's discretion to reimburse families for the cost of the required consultation by a 2nd physician;
17. Extends the immunity existing for dispensary employees, principal officers and board members to registered primary caregivers and their employees;
18. Authorizes the department, in addition to law enforcement agencies, to remove marijuana determined to be in excess of allowable limits;
19. Permits the department to establish a period of time when persons who have had authorizations denied or revoked are ineligible for reauthorization;
20. Requires a cardholder to notify the department when the information on the card issued by the department is inaccurate or changes;
21. Amends fees for various registrations;
22. Adds a sanction for a person found to be in possession of a registry identification card issued to another person; and
23. Provides for an opportunity for an informal hearing process for specified persons aggrieved by a department enforcement action.