HP1199, LD 1719, item 3, ‘An Act To Protect Liberty and Administer Justice in the Implementation and Enforcement of the Marijuana Legalization Act and To Replace the Term "Marijuana" with the Term "Cannabis" in the Maine Revised Statutes’

Amend the bill by striking out the title and substituting the following:

‘An Act To Protect Liberty and Administer Justice in the Implementation and Enforcement of the Marijuana Legalization Act and To Replace the Term "Marijuana" with the Term "Cannabis" in the Maine Revised Statutes’

Amend the bill by striking out everything after the enacting clause and before the emergency clause and inserting the following:

PART A

‘

Sec. A-1. 5 MRSA §12004-I, sub-§§52-C and 52-D are enacted to read:

52-C.

Judiciary: Marijuana

Marijuana Advisory Commission

Expenses Only

7 MRSA §2460

52-D.

Judiciary: Marijuana

Special Commission on Impaired Driving

Expenses Only

7 MRSA §2459

Sec. A-2. 7 MRSA §2442, sub-§23-B is enacted to read:

23-B. Mature marijuana plant. "Mature marijuana plant" means a marijuana plant that is flowering.

Sec. A-3. 7 MRSA §2442, sub-§24-A is enacted to read:

24-A. Municipality. "Municipality" means a city, town or plantation that is not located within the unorganized and deorganized areas; a town or plantation that is located within the unorganized and deorganized areas; or in the case of a township that is located within the unorganized and deorganized areas, the county commissioners of the county in which the township is located.

Sec. A-4. 7 MRSA §2442, sub-§29, as enacted by IB 2015, c. 5, §1, is amended to read:

29. Plant canopy. "Plant canopy" means the area upon the licensed premises dedicated to live plant cultivation, such as maintaining mother plants, propagating plants from seed to plant tissue, cloning and maintaining a vegetative or flowering area. "Plant canopy" does not include areas such as space for storage of fertilizers, pesticides or other products, quarantine areas, office space, walkways, work areas and other similar areas total surface area within the licensed premises of a retail marijuana cultivation facility that is authorized by the state licensing authority for use at any time by the retail marijuana cultivation facility licensee to cultivate mature marijuana plants. The surface area of the 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 plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used by the retail marijuana cultivation facility licensee, the surface area of each tier or shelf must be included in calculating the area of the plant canopy.

Sec. A-5. 7 MRSA §2442, sub-§41-A is enacted to read:

41-A. Sale or sell. "Sale" or "sell" means a transfer or delivery of marijuana or marijuana products for consideration.

Sec. A-6. 7 MRSA §2442, sub-§46-A is enacted to read:

46-A. Unorganized and deorganized areas. "Unorganized and deorganized areas" has the same meaning as in Title 12, section 682, subsection 1.

Sec. A-7. 7 MRSA §2443-A is enacted to read:

§ 2443-A. Unauthorized conduct

Except as otherwise provided in this chapter, in the rules adopted pursuant to this chapter or in the Maine Medical Use of Marijuana Act, or as specifically authorized pursuant to a license issued under this chapter, a person may not:

1. Cultivate, manufacture or test. Cultivate, manufacture or test marijuana or marijuana products;

2. Sell or offer for sale. Sell or offer for sale marijuana or marijuana products; or

3. Use, possess, transport, transfer, furnish or purchase. Use, possess, transport, transfer, furnish or purchase marijuana or marijuana products.

Sec. A-8. 7 MRSA §2444, sub-§2, as amended by PL 2017, c. 278, §4, is further amended to read:

2. Adoption of rules by state licensing authority. The state licensing authority shall adopt rules for the proper regulation and control of the distribution, tracking and sale by retail marijuana stores of retail marijuana and retail marijuana products; for the licensing and operation of retail marijuana social clubs; and for the enforcement of this chapter and shall amend rules as necessary. For the purpose of adopting and amending rules pursuant to this subsection, the commissioner may delegate rule-making authority granted under this section to consult with the Commissioner of Agriculture, Conservation and Forestry, the Commissioner of Labor or the Commissioner of Public Safety if the commissioner determines that the expertise and resources of those other departments would be beneficial in the development of the rules and the enforcement of those rules. These Unless specified otherwise in this chapter, these rules are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. Rules must address but are not limited to the following issues:

A. The appeal of the denial of a license issued pursuant to this chapter at a public hearing, employing full due process, including the subpoena power, the taking of oaths, the calling of witnesses and the maintaining of the confidentiality of customer records. Provision must be made for the conduct of appeal hearings following license actions, including, but not limited to, the denial of a license renewal or of an initial license and license revocation and suspension, and hearings contesting the imposition of a fine;

B. The development of such forms, licenses, identification cards and applications as necessary for the administration of this chapter or of any of the rules adopted under this chapter;

C. The preparation and transmission annually, in the form and manner prescribed by this chapter, of a report to the Legislature accounting for the efficient discharge of all responsibilities assigned by law or rules to the state licensing authority;

D. Procedures consistent with this chapter for the issuance, renewal, suspension and revocation of licenses to operate retail marijuana establishments and retail marijuana social clubs;

F. Qualifications for licensure including, but not limited to, the requirement for a fingerprint-based criminal history record check for all owners, officers, managers, employees and other support staff of entities licensed pursuant to this chapter; and

G. Security requirements for any premises licensed as retail marijuana stores, retail marijuana testing facilities and retail marijuana social clubs under this chapter including, at a minimum, lighting, physical security, alarm requirements and other minimum procedures for internal control as determined necessary by the state licensing authority to properly administer and enforce the provisions of this chapter, including reporting requirements for changes, alterations or modifications to the licensed premises. Security requirements may not be unreasonably impracticable.

Sec. A-9. 7 MRSA §2444, sub-§3, as enacted by PL 2017, c. 278, §4, is amended to read:

3. Adoption of rules after consultation with Commissioner of Agriculture, Conservation and Forestry. The state licensing authority shall consult with the Commissioner of Agriculture, Conservation and Forestry shall and adopt rules for the proper regulation and control of the cultivation, manufacture and testing of retail marijuana and retail marijuana products and shall amend rules as necessary. For the purpose of adopting and amending rules pursuant to this subsection, the Commissioner of Agriculture, Conservation and Forestry may delegate rule-making authority granted under this section to the Commissioner of Administrative and Financial Services, state licensing authority may also consult with the Commissioner of Labor or the Commissioner of Public Safety if the Commissioner of Agriculture, Conservation and Forestry commissioner determines that the expertise and resources of those other departments would be beneficial in the development of the rules and the enforcement of those rules. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. Rules must address but are not limited to the following issues:

B. The development of any forms, licenses, identification cards and applications that are necessary for the administration of this chapter or of any of the rules adopted under this chapter;

D. Procedures consistent with this chapter for the issuance, renewal, suspension and revocation of licenses to operate retail marijuana cultivation facilities, retail marijuana production facilities and retail marijuana testing facilities;

E. Limits on the concentration of THC and other cannabinoids per serving in any retail marijuana product;

F. Security requirements for any premises licensed as a retail marijuana cultivation facility, retail marijuana products manufacturing facility or retail marijuana testing facility under this chapter including, at a minimum, lighting, physical security, alarm requirements and other minimum procedures for internal control as determined necessary by the state licensing authority to properly administer and enforce the provisions of this chapter, including reporting requirements for changes, alterations or modifications to the licensed premises. Security requirements may not be unreasonably impracticable; and

G. Securing and recording permission for a local fire department or the State Fire Marshal to conduct an annual fire inspection of a retail marijuana cultivation facility.

Sec. A-10. 7 MRSA §2445, first ¶, as amended by PL 2017, c. 309, §6, is further amended to read:

Beginning February 1, 2018, the The state licensing authority shall establish an independent testing and certification program for retail marijuana and retail marijuana products. Except as otherwise provided in this section, the program must require a retail marijuana licensee, prior to selling or furnishing retail marijuana or a retail marijuana product to a consumer or to another licensee, to submit the marijuana or marijuana product to a retail marijuana testing facility for testing pursuant to this section to ensure that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required and to ensure correct labeling. The state licensing authority, after consultation with the Commissioner of Agriculture, Conservation and Forestry , shall adopt rules identifying the types of contaminants that are injurious to health for which marijuana and marijuana products must be tested under this section and the maximum level of allowable contamination for each contaminant.

Sec. A-11. 7 MRSA §2445, sub-§§1 and 2, as amended by PL 2017, c. 309, §6, are further amended to read:

1. Mandatory testing. A retail marijuana licensee may not sell or furnish retail marijuana or a retail marijuana product to a consumer or to another licensee under this chapter unless the marijuana or marijuana product has been tested pursuant to this section and rules adopted pursuant to this section and that mandatory testing has demonstrated that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required. Mandatory testing of retail marijuana and retail marijuana products under this section must include, but is not limited to, testing for residual solvents, poisons and toxins; harmful chemicals; dangerous molds and mildew; harmful microbes, including, but not limited to, Escherichia coli and salmonella; pesticides, fungicides and insecticides; and THC potency, homogeneity and cannabinoid profiles for correct labeling. The Commissioner of Agriculture, Conservation and Forestry state licensing authority shall establish by rule processes, protocols and standards for mandatory and other testing of marijuana and marijuana products that conform with the best practices generally used within the marijuana testing industry.

2. Notification requirements. If the results of a mandatory test required under subsection 1 indicate that the tested marijuana or marijuana product exceeds the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required, the testing facility shall immediately quarantine, document and properly destroy the marijuana or marijuana product, except when the owner of the tested marijuana or marijuana product has successfully undertaken remediation and retesting. If the results of a mandatory test indicate that the tested marijuana or marijuana product exceeds the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required, the testing facility shall within 30 days of completing the test notify the Department of Agriculture, Conservation and Forestry state licensing authority of the test results. A testing facility is not required to notify the Department of Agriculture, Conservation and Forestry state licensing authority of the results of any test:

A. Conducted on marijuana or a marijuana product at the direction of a retail marijuana licensee pursuant to subsection 1 that demonstrates that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required;

B. Conducted on marijuana or a marijuana product at the direction of a retail marijuana licensee for research and development purposes only, as long as the licensee notifies the testing facility prior to the performance of the test that the testing is for research and development purposes only;

C. Conducted on a substance that is not marijuana or a marijuana product at the direction of any person; or

D. Conducted on marijuana or a marijuana product at the direction of any person who is not a retail marijuana licensee.

Sec. A-12. 7 MRSA §2446, sub-§2, as amended by PL 2017, c. 278, §6, is further amended to read:

2. Health and safety rules. The state licensing authority and the Department of Agriculture, Conservation and Forestry, as provided in , in accordance with section 2444, subsections 2 and 3, shall adopt health and safety rules, which are major substantive routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, and standards for the manufacture of retail marijuana products, the sale of retail marijuana by a retail marijuana store and the cultivation of retail marijuana, which must include:

A. Limitations on the display of retail marijuana and retail marijuana products;

B. Regulation of the storage of, warehouses for and transportation of retail marijuana and retail marijuana products; and

C. Sanitary requirements for retail marijuana establishments, including but not limited to sanitary requirements for the preparation of retail marijuana products.

Sec. A-13. 7 MRSA §2446, sub-§3, as enacted by IB 2015, c. 5, §1, is amended to read:

3. Training for local jurisdictions and law enforcement officers. The state licensing authority shall adopt rules, which are major substantive routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, and processes for training local jurisdictions and law enforcement officers in the law, including the requirements for inspections, investigations, searches, seizures, forfeitures restorative justice, jail diversion, marijuana industry-specific technical assistance, mentoring programs for economically disadvantaged persons in communities disproportionately affected by high rates of arrest and incarceration for marijuana-related offenses and such additional activities as may become necessary from time to time.

Sec. A-14. 7 MRSA §2446, sub-§5, as enacted by PL 2017, c. 1, §8, is repealed.

Sec. A-15. 7 MRSA §2447, first ¶, as amended by PL 2017, c. 1, §9, is further amended to read:

Beginning February 1, 2018, an An application for a license under the provisions of this chapter must be made to the state licensing authority on forms prepared and furnished by the state licensing authority and must set forth such information as the state licensing authority may require to enable the state licensing authority to determine whether a license should be granted. The information must include the name and address of the applicant and the names and addresses of the applicant's officers, directors or managers. Each application must be verified by the oath or affirmation of such person or persons as the state licensing authority may prescribe. The state licensing authority may issue a license to an applicant pursuant to this section upon completion of the applicable criminal history record check associated with the application. The license is conditioned upon municipal approval. An applicant is prohibited from operating a retail marijuana establishment or retail marijuana social club without state licensing authority and municipal approval. If the applicant does not receive municipal approval within one year from the date of state licensing authority approval, the license expires and may not be renewed. If an application is not approved by the municipality, the state licensing authority shall revoke the license.

Sec. A-16. 7 MRSA §2447, sub-§1, ¶H, as enacted by IB 2015, c. 5, §1, is amended to read:

H. The state licensing authority shall adopt rules, which are major substantive routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, for a streamlined application process for registered caregivers and principal officers or board members of dispensaries registered with the Department of Health and Human Services pursuant to the Maine Medical Use of Marijuana Act, which must include an initial site inspection confirming compliance with this chapter.

Sec. A-17. 7 MRSA §2447, sub-§§5 and 6, as enacted by IB 2015, c. 5, §1, are repealed.

Sec. A-18. 7 MRSA §2448, as amended by PL 2017, c. 309, §§7 to 9, is further amended to read:

§ 2448. Classes of licenses; license provisions

1. State licensing authority may issue license. For the purpose of regulating the cultivation, manufacture, distribution, sale and testing of retail marijuana and retail marijuana products, the state licensing authority, in its discretion, upon receipt of an application in the prescribed form, may issue and grant to the applicant a license from one or more of the following classes, subject to the provisions and restrictions provided by this chapter:

A. Retail marijuana store license;

B. Retail marijuana cultivation facility license;

C. Retail marijuana products manufacturing facility license;

D. Retail marijuana testing facility license;

E. Retail marijuana social club license; and

F. Occupational licenses and registrations for owners, managers, operators, employees, contractors and other support staff employed at, working in or having access to restricted access areas of the licensed premises, as determined by the state licensing authority . ;

G. Retail marijuana and retail marijuana products delivery and storage service licenses;

H. Transportation licenses for distribution between retail marijuana licensees;

I. Special event licenses permitting the consumption of marijuana and marijuana products on the premises of the event location; and

J. Research cultivation and research product manufacturing licenses.

For license classes authorized under this subsection, the state licensing authority shall ensure that the license privileges encourage competition with the unregulated recreational marijuana market and allow for small-scale cultivators or products manufacturers to have a streamlined application process for licenses that authorize retail sales directly to consumers. The state licensing authority shall adopt rules to facilitate Internet-based transactions by licensees under this chapter. The state licensing authority shall adopt rules to facilitate the provisions of this subsection. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

2. Licensee to collect tax. A retail marijuana store licensee or retail marijuana social club licensee shall collect sales tax on all retail sales made at a the retail marijuana store or retail marijuana social club, respectively.

3. Retail marijuana store license. The following provisions govern a retail marijuana store.

A. A licensed retail marijuana store may sell only retail marijuana, retail marijuana products, marijuana accessories, nonconsumable products such as apparel and marijuana-related products such as child-resistant containers, but is prohibited from selling or giving away any consumable product, including but not limited to cigarettes, alcohol and edible products that do not contain marijuana, including but not limited to sodas, candies and baked goods. Automatic dispensing machines that contain retail marijuana and retail marijuana products are prohibited.

A-1. Except as provided in paragraph A-2, a person may not consume retail marijuana or retail marijuana products on the licensed premises of a retail marijuana store and a retail marijuana store licensee may not allow a person to consume retail marijuana or retail marijuana products on its licensed premises.

A-2. The state licensing authority may issue to a retail marijuana store licensee a temporary on-premises consumption license that authorizes the licensee to allow the consumption of retail marijuana and retail marijuana products on its licensed premises during a specified event or for a limited period of time. The state licensing authority, as part of a pilot program developed by the state licensing authority by rule, may issue to a retail marijuana store licensee a permanent on-premises consumption license that generally authorizes the licensee to allow the consumption of retail marijuana and retail marijuana products on its licensed premises. The state licensing authority 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.

B. A retail marijuana store licensee shall track all of its retail marijuana and retail marijuana products from the point at which they are transferred from a retail marijuana cultivation facility or retail marijuana products manufacturing facility to the point of sale.

All retail marijuana and retail marijuana products sold at a licensed retail marijuana store must be packaged and labeled as required by rules of the state licensing authority and pursuant to section 2446, subsection 1. Notwithstanding the provisions of this section, a retail marijuana store licensee may also sell retail marijuana products that are prepackaged and labeled as required by rules of the state licensing authority and pursuant to section 2446, subsection 1.

C. A person must be 21 years of age or older to make a purchase in a retail marijuana store.

(1) Prior to initiating a sale, the employee of the retail marijuana store making the sale shall verify that the purchaser has a valid government-issued identification card, or other acceptable identification, showing that the purchaser is 21 years of age or older. If a person under 21 years of age presents a fraudulent proof of age, any action relying on the fraudulent proof of age may not be grounds for the revocation or suspension of any license issued under this chapter.

(2) The state licensing authority shall adopt rules, which are routine technical rules as described in Title 5, chapter 375, subchapter 2-A, to prohibit certain signs, marketing and advertising, including but not limited to a prohibition on mass-market campaigns that have a high likelihood of reaching persons under 21 years of age.

These rules may include:

(a) A prohibition on health or physical benefit claims in advertising, merchandising and packaging;

(b) A prohibition on unsolicited advertising on the Internet;

(d) A prohibition on marketing directed toward location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature.

(3) A magazine whose primary focus is marijuana or marijuana businesses may be sold only in a retail marijuana store or behind the counter in an establishment where persons under 21 years of age are present.

(4) A retail marijuana product may not contain an additive designed to make the product more appealing to children.

(5) Notwithstanding any other provision of state law, sales of retail marijuana and retail marijuana products are not exempt from state sales tax.

(6) Nothing in this chapter may be construed to limit a law enforcement agency's ability to investigate unlawful suspected criminal activity in relation to a retail marijuana establishment or retail marijuana social club. A law enforcement agency may run a Maine criminal history record check of a licensee, or employee of a licensee, during an investigation of unlawful suspected criminal activity related to retail marijuana and retail marijuana products.

D. Retail marijuana and retail marijuana products may be transported between a licensed retail marijuana store and retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, retail marijuana social clubs and retail marijuana testing facilities. Upon encountering the representative of a retail marijuana store licensee who is transporting marijuana and marijuana products on behalf of the licensee, a law enforcement officer shall presume that the transportation of marijuana and marijuana products by the representative is legal and in compliance with this chapter.

4. Retail marijuana cultivation facility license. The state licensing authority shall create a statewide licensure class system for retail marijuana cultivation facilities. The state licensing authority shall consult with the Commissioner of Agriculture, Conservation and Forestry shall to adopt rules to implement the statewide licensure class system. The licensure class system must establish license tiers and associated fees, including a nursery cultivation facility license allowing for the sale of marijuana seeds and immature marijuana plants, that is designed to encourage participation by farmers and businesses of all sizes. The maximum plant canopy size for a retail marijuana cultivation facility license is 15,000 square feet. For the lowest retail marijuana cultivation facility license tier, an application fee may not exceed $100 and the license fee may not exceed $500. For the highest retail marijuana cultivation facility license tier, the application fee may not exceed $500 and the license fee may not exceed $15,000. The licensure class system must also provide for licenses authorizing the operation of small cultivator cooperatives, and the state licensing authority shall also consider any recommendations made as part of the report described under section 2458. For the first year of implementation of the licensure class system, no more than 40% of the marijuana cultivation facility licenses issued may authorize more than 3,000 square feet of plant canopy. The state licensing authority may not license multiple retail marijuana cultivation facilities on a single parcel or tract of land that would allow more than a total of 15,000 square feet of plant canopy among all licensees operating on that single parcel or tract of land. Rules adopted pursuant to this subsection are major substantive routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

A. The following provisions govern retail marijuana cultivation facilities.

(1) A retail marijuana cultivation facility licensee is permitted to cultivate retail marijuana for sale and distribution only to licensed retail marijuana stores, retail marijuana products manufacturing facilities, other retail marijuana cultivation facilities or retail marijuana social clubs.

(2) A retail marijuana cultivation facility may have a retail marijuana store if it is located on the same licensed premises as the retail marijuana cultivation facility. If the retail marijuana cultivation facility chooses the option to have a retail marijuana store, it must meet all requirements set by the state licensing authority , the Department of Agriculture, Conservation and Forestry and the municipality in which it is located. A retail marijuana store located on the licensed premises of a retail marijuana cultivation facility does not count against any municipal limits on the number of retail marijuana stores.

(3) A retail marijuana cultivation facility shall track the marijuana it cultivates from seed, clone or immature plant to wholesale purchase. The Commissioner of Agriculture, Conservation and Forestry state licensing authority may not make rules that are unreasonably impracticable concerning the tracking of marijuana from seed, clone or immature plant to wholesale purchase.

(4) A retail marijuana cultivation facility may provide, except as required by subsection 6, a sample of its products to a retail marijuana testing facility for testing and research purposes. A retail marijuana cultivation facility shall maintain a record of what was provided to the retail marijuana testing facility, the identity of the retail marijuana testing facility and the testing results.

B. Retail marijuana may be transported between a licensed retail marijuana cultivation facility and retail marijuana stores, other retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, retail marijuana social clubs and retail marijuana testing facilities. Upon encountering the representative of a retail marijuana cultivation facility licensee who is transporting marijuana and marijuana products on behalf of the licensee, a law enforcement officer shall presume that the transportation of marijuana and marijuana products by the representative is legal and in compliance with this chapter.

5. Retail marijuana products manufacturing facility license. The following provisions govern retail marijuana products manufacturing facilities and the preparation of retail marijuana products.

A. The following provisions govern retail marijuana products manufacturing facilities.

(1) A retail marijuana products manufacturing facility licensee is permitted to manufacture retail marijuana products pursuant to the terms and conditions of this chapter.

(2) A retail marijuana products manufacturing facility may cultivate its own retail marijuana if it obtains a retail marijuana cultivation facility license, or it may purchase retail marijuana from a licensed retail marijuana cultivation facility. A retail marijuana products manufacturing facility licensee shall track all of its retail marijuana from the point it is either transferred from its retail marijuana cultivation facility or the point when it is delivered to the retail marijuana products manufacturing facility from a licensed retail marijuana cultivation facility to the point of transfer to a licensed retail marijuana store, retail marijuana social club or retail marijuana testing facility.

B. A retail marijuana products manufacturing facility licensee may not:

(1) Add any marijuana to a food product if the manufacturer of the food product holds a trademark to the food product's name, except that a retail marijuana products manufacturing facility licensee may use a trademarked food product if the licensee uses the product as a component or as part of a recipe and if the licensee does not state or advertise to the consumer that the final retail marijuana product contains a trademarked food product;

(2) Intentionally or knowingly label or package a retail marijuana product in a manner that would cause a reasonable consumer confusion as to whether the retail marijuana product was a trademarked food product;

(3) Label or package a product in a manner that violates any federal trademark law or regulation; or

(4) Include harmful additives in any retail marijuana product, including, but not limited to, those that are toxic, designed to make the product more addictive and designed to make the product more appealing to children or misleading to consumers, but not including common baking and cooking items.

C. The following provisions govern the preparation of retail marijuana products.

(1) Retail marijuana products must be prepared on licensed premises that are used exclusively for the manufacture and preparation of retail marijuana or retail marijuana products and prepared using equipment that is used exclusively for the manufacture and preparation of retail marijuana and retail marijuana products.

(2) All licensed premises in which retail marijuana products are manufactured must meet the sanitary standards for retail marijuana product preparation adopted pursuant to section 2446, subsection 2 and must be licensed as commercial kitchens by the Department of Health and Human Services.

(3) Retail marijuana products must be packaged, sealed and conspicuously labeled in compliance with this chapter and any rules adopted pursuant to this chapter.

(4) A retail marijuana products manufacturing facility licensee may provide a sample of the licensee's products to a licensed retail marijuana testing facility pursuant to subsection 6 for testing and research purposes. A retail marijuana products manufacturing facility licensee shall maintain a record of what was provided to the retail marijuana testing facility, the identity of the testing facility and the results of the testing.

(5) A retail marijuana products manufacturing facility licensee may list ingredients and compatibility with dietary practices on an edible retail marijuana product.

(6) All retail marijuana products that require refrigeration to prevent spoilage must be stored and transported in a refrigerated environment.

D. Nothing in this chapter may be construed to limit a law enforcement agency's ability to investigate unlawful suspected criminal activity in relation to a retail marijuana establishment. A law enforcement agency may run a Maine criminal history record check of a licensee, or employee of a licensee, during an investigation of unlawful suspected criminal activity related to retail marijuana and retail marijuana products.

E. Retail marijuana products may be transported between a licensed retail marijuana products manufacturing facility and retail marijuana stores, other retail marijuana products manufacturing facilities, retail marijuana social clubs and retail marijuana testing facilities. Upon encountering the representative of a retail marijuana products manufacturing facility licensee who is transporting marijuana and marijuana products on behalf of the licensee, a law enforcement officer shall presume that the transportation of marijuana and marijuana products by the representative is legal and in compliance with this chapter.

6. Retail marijuana testing facility license. The state licensing authority may issue a full or a provisional retail marijuana testing facility license in accordance with this chapter to a person to operate a retail marijuana testing facility for the purposes of developing, researching and testing marijuana, marijuana products and other substances.

A. A person with an interest in a retail marijuana testing facility licensed under this chapter may not be a registered caregiver or have an interest in a registered dispensary or in a retail marijuana store, a retail marijuana social club, a retail marijuana cultivation facility or a retail marijuana products manufacturing facility licensed under this chapter. A person who is a registered caregiver or who has an interest in a registered dispensary or in a retail marijuana store, a retail marijuana social club, a retail marijuana cultivation facility or a retail marijuana products manufacturing facility licensed under this chapter may not have an interest in a retail marijuana testing facility licensed under this chapter. For purposes of this paragraph, "interest" means an ownership interest or partial ownership interest or any other type of financial interest, including, but not limited to, being an investor or serving in a management position.

B. Retail marijuana and retail marijuana products may be transported between a retail marijuana testing facility and a retail marijuana cultivation facility, a retail marijuana products manufacturing facility, a retail marijuana store and a retail marijuana social club. Upon encountering the representative of a retail marijuana testing facility licensee who is transporting marijuana and marijuana products on behalf of the licensee, a law enforcement officer shall presume that the transportation of marijuana and marijuana products by the representative is legal and in compliance with this chapter.

C. A licensed retail marijuana testing facility may not commence or continue operation unless the facility:

(1) Is certified for operation by the Department of Health and Human Services, Maine Center for Disease Control and Prevention in accordance with rules adopted by the state licensing authority in consultation with the Commissioner of Agriculture, Conservation and Forestry in consultation with and the Department of Health and Human Services, Maine Center for Disease Control and Prevention;

(2) Except as otherwise provided in this subparagraph, is 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 Commissioner of Agriculture, Conservation and Forestry state licensing authority. The Commissioner of Agriculture, Conservation and Forestry state licensing authority shall adopt rules regarding the scope of certification, registration or accreditation required for licensure as a retail marijuana testing facility.

The state licensing authority may issue a full retail marijuana testing facility license to a person who meets all applicable requirements of this chapter and rules adopted under this chapter and who has obtained accreditation pursuant to standard ISO/IEC 17025 of the International Organization for Standardization from a 3rd-party accrediting body or who is certified, registered or accredited by an approved organization.

The state licensing authority may issue a provisional retail marijuana testing facility license to a person who otherwise meets all applicable requirements of this chapter and rules adopted under this chapter and who has applied for but not yet obtained accreditation from a 3rd-party accrediting body or who has applied for but not yet obtained certification, registration or accreditation from an approved organization. The state licensing authority may not renew a provisional retail marijuana testing facility license more than once;

(3) Is determined by the Department of Agriculture, Conservation and Forestry state licensing authority to meet all operational and technical requirements for retail marijuana testing facilities under this chapter and applicable rules adopted under this chapter; and

(4) Is approved or licensed by the municipality in which the facility is physically located and notice of approval or licensure has been provided by the municipality to the state licensing authority.

D. A retail marijuana testing facility shall follow all testing protocols, standards and criteria adopted by rule by the Commissioner of Agriculture, Conservation and Forestry state licensing authority for the testing of different forms of marijuana and marijuana products; determining batch size; sampling; testing validity; and approval and disapproval of tested marijuana and marijuana products.

E. If a retail marijuana testing facility determines that a sample of marijuana or a marijuana product has failed testing, the facility shall offer to the owner of the sample that failed testing an opportunity for remediation and retesting in accordance with rules adopted by the Commissioner of Agriculture, Conservation and Forestry state licensing authority in accordance with this chapter.

F. A retail marijuana testing facility shall maintain records of all business transactions and testing results in accordance with the record-keeping requirements of subsection 8-A and in accordance with applicable standards for licensing and accreditation under paragraph C and testing protocols, standards and criteria adopted by the Commissioner of Agriculture, Conservation and Forestry state licensing authority under paragraph D.

G. A retail marijuana testing facility shall dispose of used, unused and waste marijuana and marijuana products in accordance with rules adopted by the Commissioner of Agriculture, Conservation and Forestry state licensing authority in accordance with this chapter.

H. A retail marijuana testing facility shall notify the Department of Agriculture, Conservation and Forestry state licensing authority of test results in accordance with section 2445, subsection 2.

I. A retail marijuana testing facility may develop, research and test marijuana and marijuana products for that facility; for another retail marijuana establishment or a retail marijuana social club; for a person who intends to use the marijuana or marijuana product for personal use as allowed under this chapter; or for a qualifying patient, a registered caregiver or a registered dispensary. A retail marijuana testing facility may develop, research and test other substances that are not marijuana or marijuana products for that facility or for any other person.

The state licensing authority, after consultation with the Commissioner of Agriculture, Conservation and Forestry , shall adopt rules regarding the testing of marijuana and marijuana products by retail marijuana testing facilities pursuant to this chapter, including, but not limited to, rules establishing acceptable testing and research practices for retail marijuana testing facilities, including, but not limited to, provisions relating to testing practices, methods and standards; remediation and retesting procedures; quality control analysis; equipment certification and calibration; chemical identification; testing facility record-keeping, documentation and business practices; disposal of used, unused and waste marijuana and marijuana products; and reporting of test results; rules establishing an independent testing and certification program pursuant to section 2445; and rules governing sampling and testing of retail marijuana and retail marijuana products pursuant to section 2448, subsection 8-A. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

7. Retail marijuana social club license. The following provisions govern retail marijuana social clubs.

A. A licensed retail marijuana social club may sell only retail marijuana, retail marijuana products, marijuana accessories, nonconsumable products such as apparel, marijuana-related products and edible products that do not contain marijuana, including but not limited to sodas, candies and baked goods, but may not sell or give away cigarettes or alcohol. All retail marijuana and retail marijuana products purchased at a licensed retail marijuana social club must be consumed or disposed of on and may not be taken off the licensed premises.

B. A retail marijuana social club shall track all of its retail marijuana and retail marijuana products from the point at which they are transferred from a retail marijuana cultivation facility, retail marijuana store or retail marijuana products manufacturing facility to the point of sale.

C. The following provisions govern procedures for preventing sales to persons under 21 years of age.

(1) Prior to allowing a person onto the retail marijuana social club's licensed premises, an employee of the retail marijuana social club shall verify that the person has a valid government-issued identification card, or other acceptable identification, showing that the person is 21 years of age or older. If a person under 21 years of age presents a fraudulent proof of age, any action relying on the fraudulent proof of age may not be grounds for the revocation or suspension of any license issued under this chapter.

These rules may include:

(a) A prohibition on health or physical benefit claims in advertising, merchandising and packaging;

(b) A prohibition on unsolicited advertising on the Internet;

(3) Notwithstanding any other provision of state law, sales of retail marijuana and retail marijuana products are not exempt from state sales tax.

(4) Nothing in this chapter may be construed to limit a law enforcement agency's ability to investigate unlawful suspected criminal activity in relation to a retail marijuana establishment. A law enforcement agency may run a Maine criminal history record check of a licensee, or employee of a licensee, during an investigation of unlawful suspected criminal activity related to retail marijuana and retail marijuana products.

D. Retail marijuana and retail marijuana products may be transported between a licensed retail marijuana social club and other retail marijuana social clubs or retail marijuana testing facilities. Upon encountering the representative of a retail marijuana social club licensee who is transporting marijuana and marijuana products on behalf of the licensee, a law enforcement officer shall presume that the transportation of marijuana and marijuana products by the representative is legal and in compliance with this chapter.

8-A. Inspections; record-keeping requirements; audit requirements; testing and sampling for product quality control. A retail marijuana licensee shall submit to inspections and maintain business records in accordance with this subsection.

A. A licensee shall maintain a complete set of all records of the licensee's business transactions, which must be open to inspection and examination by the state licensing authority or the Department of Agriculture, Conservation and Forestry upon demand and without notice during all business hours. Records must be maintained by a licensee for a period comprising the current tax year and the 2 immediately preceding tax years.

B. The state licensing authority or the Department of Agriculture, Conservation and Forestry may require a licensee to furnish any additional information necessary for the proper administration of this chapter and the state licensing authority may require a licensee to submit to an audit of the licensee's business records. If the state licensing authority requires a licensee to submit to an audit, the licensee shall provide the auditor selected by the state licensing authority with access to all business records of the licensee and the cost of the audit must be paid by the licensee.

C. A licensee shall submit to an inspection of the licensed premises, including any places of storage, upon demand and without notice during all business hours and other times of apparent activity by the state licensing authority , the Department of Agriculture, Conservation and Forestry, a law enforcement agency or an official authorized by the municipality in which the licensed premises are located. If any part of the licensed premises consists of a locked area, a licensee shall, upon demand of the state licensing authority , the Department of Agriculture, Conservation and Forestry, a law enforcement agency or the official authorized by the municipality, open the locked area for inspection.

D. A licensee shall submit to the sampling and testing of retail marijuana or retail marijuana products upon demand and without notice during all business hours by the Department of Agriculture, Conservation and Forestry state licensing authority for the purposes of product quality control. Sampling and testing by the Department of Agriculture, Conservation and Forestry pursuant to this paragraph must be conducted in accordance with the requirements of section 2445 and rules adopted pursuant to section 2448, subsection 6.

9. Product pricing. Nothing in this chapter may be construed as granting to the state licensing authority the power to fix prices for retail marijuana or retail marijuana products.

10. License fees. The state licensing authority shall determine the revenue needed to set up the licensing and enforcement operations of the department and set the fees applicable to the categories as outlined in subsection 1 within the ranges specified in the following schedule and subsection 4:

A. Retail marijuana store license, $250 to $2,500, with a $10 to $250 nonrefundable application fee;

B. Retail marijuana cultivation facility license, $10 to $100 per unit block, with a $10 to $250 nonrefundable application fee;

C. Retail marijuana products manufacturing facility license, $100 to $1,000, with a $10 to $250 nonrefundable application fee;

D. Retail marijuana testing facility license, $500, with a $10 to $250 nonrefundable application fee;

E. Retail marijuana social club license, $250 to $2,500, with a $10 to $250 nonrefundable application fee; and

E-1. Transportation, storage, delivery, research and special event licenses, $100 to $2,500, with a $10 to $250 nonrefundable application fee; and

License fees collected by the state licensing authority must be deposited into the Retail Marijuana Regulatory Coordination Fund under section 2455.

11. License terms. All licenses under this chapter are effective for one year from the date of issuance.

12. License renewal. The following provisions govern license renewals.

A. Ninety days prior to the expiration date of an existing license, the state licensing authority shall notify the licensee of the expiration date by first class mail at the licensee's address of record with the state licensing authority. A licensee may apply for the renewal of an existing license to the state licensing authority not less than 30 days prior to the date of expiration. Upon receipt of an application for renewal of an existing license and any applicable fees, the state licensing authority shall, within 7 days, submit a copy of the application to the appropriate municipality to determine whether the application complies with all local restrictions on renewal of licenses.

B. The state licensing authority may not accept an application for renewal of a license after the date of expiration, except that the state licensing authority may extend the expiration date of the license and accept a late application for renewal of a license as long as the applicant has filed a timely renewal application with the municipality. The state licensing authority or the municipality, in its discretion, subject to the requirements of section 2447 and based upon reasonable grounds, may waive the 30-day time requirements set forth in this subsection.

C. Notwithstanding the provisions of paragraph A, a licensee whose license has been expired for not more than 90 days may file a late renewal application upon the payment of a nonrefundable late application fee of $250 to the state licensing authority. A licensee who files a late renewal application and pays the requisite fees may continue to operate until the state licensing authority takes final action to approve or deny the licensee's late renewal application unless the state licensing authority summarily suspends the license pursuant to subsection 16, this chapter and rules adopted pursuant to this chapter.

D. The state licensing authority may administratively extend the expiration date of a license and accept a later application for renewal of a license at the discretion of the state licensing authority.

E. The state licensing authority may, for good cause, elect to not renew a license.

13. Inactive licenses. The state licensing authority, in its discretion, may revoke or elect not to renew any license if it determines that the licensed premises have been inactive, without good cause, for at least one year.

14. Unlawful financial assistance. The state licensing authority shall require a complete disclosure of all persons having a direct or indirect financial interest, and the extent of such interest, in each license issued under this chapter. This subsection is intended to prohibit and prevent the control of a retail marijuana store, retail marijuana cultivation facility, retail marijuana products manufacturing facility or retail marijuana social club by a person or party other than the persons licensed pursuant to the provisions of this chapter.

15. Denial of license. The state licensing authority may, for good cause, deny approval of a license application. Upon denial of a license application, the state licensing authority shall inform the applicant of the basis for denial and the right to appeal the denial in a hearing.

16. Disciplinary actions. In addition to any other sanctions prescribed by this chapter, or rules adopted pursuant to this chapter, the state licensing authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee must be afforded an opportunity to be heard, to fine a licensee or to suspend or revoke a license issued by the state licensing authority for a violation by the licensee, or by any of the agents or employees of the licensee, of the provisions of this chapter or any of the rules adopted pursuant to this chapter or of any of the terms, conditions or provisions of the license issued by the state licensing authority. The state licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary for a hearing that the state licensing authority is authorized to conduct.

The state licensing authority shall provide notice of suspension, revocation, fine or other sanction, as well as the required notice of the hearing required by this subsection, by mailing the same in writing to the licensee at the address contained in the license and, if different, at the last address furnished to the state licensing authority by the licensee. Except in the case of a summary suspension, a suspension may not be for a period longer than 6 months. If a license is suspended or revoked, a part of the fees paid must be retained by the state licensing authority.

Whenever a decision of the state licensing authority suspending a license for 14 days or less becomes final, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon the receipt of the petition, the state licensing authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made that it considers desirable and may, in its sole discretion, grant the petition if the state licensing authority is satisfied that:

A. The public welfare would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; and

B. The books and records of the licensee are kept in such a manner that the loss of sales that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy.

The fine imposed may not be less than $500 nor more than $10,000. Payment of a fine pursuant to the provisions of this subsection must be in the form of cash or in the form of a certified check or cashier's check made payable to the state licensing authority.

Upon payment of the fine pursuant to this subsection, the state licensing authority shall enter its order permanently staying the imposition of the suspension. Fines paid to the state licensing authority pursuant to this subsection must be transmitted to the Treasurer of State.

In connection with a petition pursuant to this subsection, the authority of the state licensing authority is limited to the granting of such stays as are necessary for the state licensing authority to complete its investigation and make its findings and, if the state licensing authority makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.

If the state licensing authority does not make the findings required in this subsection and does not order the suspension permanently stayed, the suspension goes into effect on the operative date finally set by the state licensing authority.

No later than January 15th of each year, the state licensing authority shall compile a report of the preceding year's actions in which fines, suspensions or revocations were imposed by the state licensing authority. The state licensing authority shall include this information in its annual report to the Legislature.

17. Disposition of unauthorized retail marijuana or retail marijuana products and related materials. The following provisions apply to the disposition of unauthorized retail marijuana or retail marijuana products and related materials.

A. The provisions of this subsection apply in addition to any criminal, civil or administrative penalties and in addition to any other penalties prescribed by this chapter or any rules adopted pursuant to this chapter. Every licensee is deemed, by virtue of applying for, holding or renewing that licensee's license, to have expressly consented to the procedures set forth in this subsection.

B. If the state licensing authority issues a final agency order imposing a disciplinary action against a licensee pursuant to subsection 16, then, in addition to any other remedies, the state licensing authority's final agency order may specify that some or all of the licensee's marijuana or marijuana products is not retail marijuana or a retail marijuana product and is an illegal controlled substance. The order may further specify that the licensee loses any ownership interest in any of the marijuana or marijuana products even if the marijuana or marijuana products previously qualified as retail marijuana or a retail marijuana product. The final agency order may direct the destruction of any such marijuana and marijuana products. The authorized destruction may include the incidental destruction of any containers, equipment, supplies and other property associated with the marijuana or marijuana products.

C. A district attorney, or an assistant attorney general, shall notify the state licensing authority if an investigation of a retail marijuana establishment or retail marijuana social club is commenced. If the state licensing authority has received notification from a district attorney, or an assistant attorney general, that an investigation is being conducted, the state licensing authority may not destroy any marijuana or marijuana products from the retail marijuana establishment or retail marijuana social club until the destruction is approved by the district attorney or assistant attorney general.

D. A state or local agency may not be required to cultivate or care for any retail marijuana or retail marijuana products belonging to or seized from a licensee. A state or local agency is not authorized to sell marijuana, retail or otherwise.

18. Judicial review. Final agency actions by the state licensing authority are subject to judicial review pursuant to Title 5, section 11001, et seq.

19. Effective date. This section takes effect February 1, 2018.

20. Restriction on transfer of information. In issuing a license to a retail marijuana establishment or retail marijuana social club, the state licensing authority shall include in the license a prohibition on the transfer of information by the licensee to an official or agent of the Federal Government regarding any person who transacts business with the licensee, except when the official or agent presents to the licensee a valid court order or search warrant that entitles the official or agent to the receipt of that information.

Sec. A-19. 7 MRSA §2449, sub-§4, as enacted by IB 2015, c. 5, §1, is amended to read:

4. Municipality may impose licensing requirement. A municipality may impose a separate local licensing requirement , which may include, without limitation, the imposition of a municipal licensing fee schedule pursuant to Title 30-A, section 3702 and the imposition of a public health and safety impact fee pursuant to subsection 4-A, as a part of its restrictions on time, place, manner and the number of marijuana businesses. A municipality may decline to impose any local licensing requirements, but a municipality shall notify the state licensing authority that it either approves or denies each application forwarded to it within 14 business days.

Sec. A-20. 7 MRSA §2449, sub-§§4-A and 5-A are enacted to read:

4-A. Municipality may impose public health and safety impact fee. Pursuant to the home rule authority granted under the Constitution of Maine, Article VIII, Part Second and Title 30-A, section 3001, and pursuant to the requirements and limitations of this subsection, and in addition to any license fees imposed pursuant to subsection 4, a municipality may adopt an ordinance requiring the payment by a retail marijuana licensee of an annual public health and safety impact fee that is designed to compensate the municipality for the additional costs expected to be incurred by the municipality as a result of the operation of a retail marijuana establishment within the municipality.

A. A municipal public health and safety impact fee imposed pursuant to this subsection may include additional costs to the municipality relating to the operation of retail marijuana establishments within the municipality, including, but not limited to, administrative costs, law enforcement costs, health and welfare costs, water and sewer costs, legal costs and compliance and safety inspection costs.

B. A municipal ordinance imposing an annual public health and safety impact fee pursuant to this subsection must meet the following requirements:

(1) The ordinance must identify the use or purpose of the impact fee;

(2) The amount of the impact fee must be reasonably related to the applicant's share of the additional municipal public health and safety costs relating to the operation of a retail marijuana establishment within the municipality;

(3) Impact fee revenues received by a municipality must be segregated from the general revenues of the municipality and impact fee revenues may be expended by the municipality only to cover the municipality's additional costs relating to the operation of a retail marijuana establishment within the municipality; and

(4) The ordinance must establish a reasonable schedule under which the municipality is required to expend impact fee revenues to cover the municipality's additional costs relating to the operation of a retail marijuana establishment within the municipality.

C. A municipal ordinance adopted pursuant to this subsection may be enforced pursuant to Title 30-A, section 4452. A municipal ordinance adopted pursuant to this subsection is exempt from the application of Title 30-A, section 4314.

5-A. Authority of Maine Land Use Planning Commission. This chapter or the rules adopted pursuant to this chapter may not be construed to limit the authority of the Maine Land Use Planning Commission to regulate land use planning and development activities within the unorganized and deorganized areas of the State pursuant to Title 12, chapter 206-A.

Sec. A-21. 7 MRSA §2449, sub-§6, as enacted by PL 2017, c. 1, §11, is repealed.

Sec. A-22. 7 MRSA §2452, sub-§6, as enacted by PL 2017, c. 1, §16, is amended to read:

6. Personal use. The following provisions apply to the personal consumption of marijuana and marijuana concentrate.

A. A person 21 years of age or older may consume marijuana or marijuana concentrate only if that person is:

(1) In a private residence, including curtilage; or

(2) On private property, not generally accessible by the public, and the person is explicitly permitted to consume marijuana or marijuana concentrate on the property by the owner of the property.

B. The operator of a vehicle on a public way or a passenger in the vehicle may not consume marijuana or marijuana concentrate. As used in this paragraph, "vehicle" has the same meaning as in Title 29-A, section 101, subsection 91.

C. A person may not consume marijuana or marijuana concentrate in a private residence or on private property used as a day care or baby-sitting service during the hours in which the residence or property is being operated as a day care or baby-sitting service.

D. A person may not consume marijuana or marijuana concentrate in a designated smoking area as provided under the Workplace Smoking Act of 1985.

A person who violates this subsection commits a civil violation for which a fine of not more than $100 may be adjudged. This subsection may not be construed to shield any person from federal prosecution. This subsection may not be construed to allow any person to possess or consume marijuana on federal property.

Sec. A-23. 7 MRSA §2452, sub-§§6-A and 8 are enacted to read:

6-A. Transportation, cultivation and possession by person 21 years of age or older. Upon encountering a person 21 years of age or older who is transporting or cultivating or possesses marijuana and marijuana products, a law enforcement officer shall presume that the transportation, cultivation or possession of marijuana and marijuana products is legal and in compliance with this chapter.

8. Limitations. This chapter or rules adopted pursuant to this chapter may not be construed as:

A. Altering existing penalties under the laws of this State relating to the operation, navigation or other physical control of a motor vehicle, train, aircraft, motorboat or other motorized form of transport or machinery while impaired by marijuana or marijuana products or for consuming marijuana or marijuana products while operating, navigating or having other physical control of a motor vehicle, train, aircraft, motorboat or other motorized form of transport or machinery;

B. Authorizing a person to knowingly transfer or furnish, with or without remuneration, to a person under 21 years of age marijuana, marijuana products or marijuana paraphernalia;

C. Authorizing a person under 21 years of age to possess, use, purchase, obtain, cultivate, process, manufacture, deliver or sell or otherwise transfer or furnish marijuana, marijuana products or marijuana paraphernalia;

D. Except as allowed pursuant to a retail marijuana products manufacturing facility license issued under this chapter, authorizing a person to manufacture marijuana concentrate or marijuana products by means of any liquid or gas, excluding alcohol, that has a flashpoint below 100 degrees Fahrenheit;

E. Preventing a person from prohibiting or otherwise regulating the consumption, display, production, processing, manufacture or sale of marijuana, marijuana products and marijuana paraphernalia on or in property that the person owns, occupies or manages, except that a lease agreement may not prohibit a tenant from consuming marijuana by means other than smoking on or in property in which the tenant resides, unless failing to do so would cause the landlord to violate a federal law or regulation;

F. Preventing a state, county or local agency or department from prohibiting or otherwise regulating the possession or consumption of marijuana, marijuana products and marijuana paraphernalia within a building owned, leased or occupied by the State, a county or a locality;

G. Authorizing a person to possess or consume marijuana, marijuana products or marijuana paraphernalia on the grounds of or within a public or private school where children attend classes in preschool programs, kindergarten programs or grades 1 to 12; on a school bus; in a youth center; or on the grounds of or within a correctional facility, county jail or detoxification facility;

H. Altering existing civil, criminal or other penalties for conduct involving the performance by a person of any task while impaired by marijuana or marijuana products that constitutes negligence or professional malpractice; or

I. Exempting marijuana and marijuana products from the application of the laws and rules of this State governing the adulteration and misbranding of food, drugs and other items intended for human consumption, except that marijuana that is included as an ingredient in a marijuana product that is manufactured pursuant to a retail marijuana products manufacturing facility license issued under this chapter is not considered an adulterant.

Sec. A-24. 7 MRSA §2453, sub-§4, as enacted by PL 2017, c. 1, §17, is repealed.

Sec. A-25. 7 MRSA §2454, as amended by PL 2017, c. 1, §18, is further amended to read:

§ 2454. Civil liberties

1. Relation to the Maine Medical Use of Marijuana Act. This chapter may not be construed to limit any privileges or rights of a qualifying patient, primary caregiver, registered or otherwise, or registered dispensary under the Maine Medical Use of Marijuana Act.

2. Employment policies. This chapter may not be construed to require an employer to permit or accommodate the use, consumption, possession, trade, display, transportation, sale or growing of cannabis in the workplace. This chapter does not affect the ability of employers to enact and enforce workplace policies restricting the use of marijuana by employees or to discipline employees who are under the influence of marijuana in the workplace.

3. School, employer or landlord may not discriminate. A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 21 years of age or older solely for that person's consuming marijuana outside of the school's, employer's or landlord's property.

4. Person may not be denied parental rights and responsibilities or contact with a minor child. A person may not be denied parental rights and responsibilities with respect to or contact with a minor child as a result of acting in accordance with this chapter, unless there is clear, convincing and articulable evidence that the person's conduct creates an unreasonable danger to the safety of the minor child or is contrary to the best interest of the minor child as set out in Title 19-A, section 1653, subsection 3. Neither the presence of cannabinoid components or metabolites in the person's body fluids nor the engaging in of conduct permitted under this chapter by a person responsible for the well-being of a minor child may form the sole or primary basis for substantiation of child abuse or neglect, a child welfare service plan, removal of a minor child from the custody of the person or termination or denial of parental responsibilities of any type.

5. Effective date. This section takes effect February 1, 2018.

6. Protection for owners of real property. An owner of real property may not be arrested or charged with a violation of law, denied a benefit by the municipality in which the real property is located or by the State or be subjected to any seizure of the owner's personal property as a result of allowing another person to use that real property for any purpose authorized under this chapter or for employing a person to use that real property on the owner's behalf for any purpose authorized under this chapter.

7. Profiling prohibited. In enforcing the provisions of this chapter, a law enforcement officer may not engage in the practice of profiling or undertake any act that results from profiling.

For the purposes of this subsection, "profiling" means the targeting by a law enforcement officer of an individual on suspicion that the individual has committed a crime based solely on the race, ethnicity, religion, socioeconomic status or national origin of the individual and in reliance on a group of characteristics regarding the race, ethnicity, religion, socioeconomic status or national origin of the individual that the law enforcement officer believes to be generally associated with the commission of crimes.

Sec. A-26. 7 MRSA §2455, as enacted by PL 2017, c. 278, §10, is amended to read:

§ 2455. Retail Marijuana Regulatory Coordination Fund

The Retail Marijuana Regulatory Coordination Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds account in the department. The fund is administered and used by the commissioner for the purposes of described in this section and to facilitate adopting rules as required by this chapter by the department and by any other department of State Government that is authorized to adopt rules under this chapter. The commissioner may expend funds to enter into contracts with consultants and employ staff, as determined necessary by the commissioner, conduct meetings with stakeholders and conduct other activities related to the operation of this chapter. The fund also must be used to establish or support efforts related to the programs and organizations as described in subsections 1 and 2.

1. Substance abuse prevention and treatment. The fund must be used to support public and behavioral health programs and services, including, but not limited to, evidence-based substance use prevention and treatment programs, early intervention services and grants for schools or community-based organizations that provide programs for youth substance use education and prevention as described under Title 5, chapter 521.

2. Municipal police training and negative social impact mitigation. The fund must be used to provide municipal police training and programming in restorative justice, jail diversion, marijuana industry-specific technical assistance and mentoring programs for economically disadvantaged persons in communities disproportionately affected by high rates of arrest and incarceration for marijuana-related offenses.

Sec. A-27. 7 MRSA §§2456 to 2460 are enacted to read:

§ 2456. Energy and environmental standards; working group

1. Working group established; recommendations. The commissioner shall establish a retail marijuana energy and environmental standards working group that includes, but is not limited to, the following members: the Commissioner of Environmental Protection or the commissioner's designee; the Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee; the director of the Governor's Energy Office or the director's designee; and the chair of the Public Utilities Commission or the chair's designee. The working group shall meet to discuss and provide to the department recommendations on the following matters:

A. Strategies for reducing energy and water usage in the retail marijuana and medical marijuana industries in the State;

B. Strategies for mitigating other environmental impacts of the retail marijuana and medical marijuana industries in the State;

C. Requirements for annual energy audits, energy efficiency measures, energy conservation measures and energy conservation projects applicable to participants in the retail marijuana and medical marijuana industries in the State; and

D. The development of energy and environmental standards as described in subsection 2 and additional best practices to ensure compliance with those standards.

2. Standards. The department, after receiving the recommendations submitted by the working group established under subsection 1, shall establish energy and environmental standards that require, at a minimum, that any retail marijuana licensee that has been issued a retail marijuana cultivation facility license or a retail marijuana products manufacturing facility license by the department demonstrate compliance with such standards as a condition of licensure and for license renewal.

3. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.

§ 2457. Marijuana research agenda

The department, after consultation with appropriate state agencies and the Marijuana Advisory Commission under section 2460, shall develop a research agenda designed to facilitate understanding of the social and economic trends relating to marijuana in the State, to inform future decisions of the State aimed at closing the unregulated marijuana marketplace and to inform the department on the public health impacts of marijuana in the State.

1. Research agenda. The research agenda to be developed under this section must include, but is not limited to:

A. Information on patterns of marijuana use, methods of marijuana consumption, sources of purchase of marijuana and general perceptions of marijuana among minors, college and university students and adults;

B. Information on impaired driving incidents, hospitalizations and use of other health care services relating to the use of marijuana, including, but not limited to, a report on the science of identifying a quantifiable level of marijuana-induced impairment for motor vehicle operation and a report on the financial impacts on the state health care system of hospitalizations related to the use of marijuana;

C. Economic and fiscal impacts for state and local governments including the impact of the legalization of marijuana on the production and distribution of marijuana in the unregulated marijuana marketplace and the costs and benefits to state and local revenues;

D. Information on ownership and employment trends of licensed retail marijuana establishments and retail marijuana social clubs, examining participation by racial, ethnic and socioeconomic subgroups, including, but not limited to, identification of barriers to participation in the marijuana industry;

E. Market analyses examining the expansion or contraction of the unregulated marijuana marketplace and the expansion or contraction of the regulated marijuana marketplace, including, but not limited to, estimates and comparisons of pricing and product availability in each marketplace;

F. A compilation of data on the number of incidents of discipline in schools, including suspensions or expulsions, resulting from marijuana use or possession of marijuana or marijuana products; and

G. A compilation of data on the number of civil penalties, arrests, prosecutions, incarcerations and sanctions imposed for violations of the provisions of Title 17-A relating to the possession, distribution and trafficking of marijuana and marijuana products, including, but not limited to, information on the age, race, gender, country of origin and state geographic region of and average sanctions imposed on the persons charged.

2. Incorporation of available data. The department shall incorporate into the research agenda developed under this section any available relevant data, including, but not limited to, any baseline studies that may have been conducted, and in developing the research agenda shall coordinate and partner with the Department of Health and Human Services, the Department of Education, the Department of Public Safety, the Department of Labor, the University of Maine System, the Maine Community College System and other appropriate public or private entities.

3. Annual report. The department shall annually report to the joint standing committee of the Legislature having jurisdiction over retail marijuana matters the results of its research agenda and, when appropriate, make recommendations for further research or policy changes. The department shall post the annual report required under this subsection on its publicly accessible website.

§ 2458. Maine craft marijuana report

As provided in this section, the department, after consultation with the Department of Agriculture, Conservation and Forestry, shall report to the joint standing committees of the Legislature having jurisdiction over retail marijuana matters; agriculture, conservation and forestry matters; and economic and community development matters regarding the participation of farmers and businesses of all sizes as retail marijuana licensees under this chapter.

1. First report. No later than 12 months after the effective date of this section, the department shall submit a report providing recommendations, including any proposed legislation, designed to ensure access to retail marijuana licenses by farmers in the State and to allow for the growth, cultivation, production and harvest of marijuana on farm or agricultural lands in the State.

2. Second report. No later than December 31, 2020, the department shall submit a report providing information on the progress being made on the recommendations contained in the report submitted under subsection 1 and any recommendations, including any proposed legislation, necessary to further that progress and to otherwise promote and encourage the full participation of farmers and businesses of all sizes in the State as retail marijuana licensees.

3. Repeal. This section is repealed January 1, 2021.

§ 2459. Special Commission on Impaired Driving

The Special Commission on Impaired Driving, established by Title 5, section 12004-I, subsection 52-D and referred to in this section as "the special commission," is created for the purpose of conducting a continuing study of the laws relating to impaired driving and reporting to the Legislature its findings and recommendations on an annual basis.

1. Membership. The special commission consists of the following 10 members:

A. Two members of the Senate, including members from each of the 2 parties holding the largest number of seats in the Legislature, appointed by the President of the Senate;

B. Two members of the House of Representatives, including members from each of the 2 parties holding the largest number of seats in the Legislature, appointed by the Speaker of the House of Representatives;

C. The Commissioner of Administrative and Financial Services or the commissioner's designee;

D. The Commissioner of Public Safety or the commissioner's designee;

E. The Secretary of State or the secretary's designee; and

F. The following 3 members, appointed by the Governor:

(1) A representative of a statewide association representing prosecutors;

(2) A representative of a statewide association of criminal defense attorneys; and

(3) A member of the public.

2. Duties; chairs. The special commission shall compile and assess existing primary research on impaired driving and the incidence and significance of the use of marijuana by drivers in the State. The special commission shall evaluate marijuana use alone or in combination with other substances that may cause impairment and whether marijuana legalization is associated with an increased risk of motor vehicle crashes and fatalities. The special commission shall compile and review data and reports on impaired driving related to marijuana use and scientific reports on THC levels and impairment. The first-named Senate member is the Senate chair and the first-named House member is the House chair of the special commission.

3. Report. Beginning January 15, 2020, and annually thereafter, the special commission shall submit a report regarding its findings and recommendations, including any proposed legislation, to the joint standing committees of the Legislature having jurisdiction over medical marijuana matters, retail marijuana matters, criminal justice and public safety matters, and transportation matters, which are authorized to report out legislation regarding the report.

4. Staffing; reimbursement. The Legislative Council shall provide staff support for the operation of the special commission, except that Legislative Council staff support is not authorized when the Legislature is in regular or special session. In addition, the special commission may contract for administrative, professional and clerical services if funding permits. Members of the special commission serve on a voluntary basis, are entitled to reimbursement for expenses as set forth in Title 5, section 12004-I, subsection 52-D and are not entitled to per diem reimbursement.

§ 2460. Marijuana Advisory Commission

The Marijuana Advisory Commission, established by Title 5, section 12004-I, subsection 52-C and referred to in this section as "the commission," is created for the purpose of conducting a continuing study of the laws relating to marijuana and reporting to the Legislature its findings and recommendations on an annual basis.

1. Membership. The commission consists of the following 17 voting members and additional nonvoting members as described in this subsection:

A. Two members of the Senate, including members from each of the 2 parties holding the largest number of seats in the Legislature, appointed by the President of the Senate;

C. The Commissioner of Administrative and Financial Services or the commissioner's designee, who is a nonvoting member;

D. The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee, who is a nonvoting member;

E. The Commissioner of Health and Human Services or the commissioner's designee, who is a nonvoting member;

F. The Commissioner of Labor or the commissioner's designee, who is a nonvoting member;

G. The Commissioner of Public Safety or the commissioner's designee, who is a nonvoting member;

H. The Attorney General or the Attorney General's designee, who is a nonvoting member;

I. The following 3 members, appointed by the Governor:

(1) A representative of a statewide municipal association;

(2) A representative of a statewide association representing the medical marijuana industry; and

(3) A member representing the retail marijuana industry;

J. The following 3 members, appointed by the Attorney General:

(1) A representative of a statewide association representing prosecutors;

(2) A representative of a statewide association representing defense attorneys; and

(3) A representative of a statewide association representing law enforcement;

K. The following 4 members, appointed by the President of the Senate:

(1) The Executive Director of the Maine Human Rights Commission, or a designee;

(2) An expert in marijuana cultivation;

(3) A member representing marijuana business incubators; and

(4) A member representing registered caregivers; and

L. The following 3 members, appointed by the Speaker of the House of Representatives:

(1) A member of a federally recognized Indian tribe in this State;

(2) A representative of the Maine chapter of a national civil liberties organization; and

(3) A representative of a national association ensuring equality of rights of all persons.

2. Chairs. The first-named Senate member is the Senate chair and the first-named House member is the House chair of the commission.

3. Terms. Members of the commission who are Legislators serve during the term of office for which they were elected. Other members of the commission serve for terms of 2 years and may be reappointed.

4. Vacancies. In the event of a vacancy on the commission, the member's unexpired term must be filled through an appointment by the appointing authority for the vacant seat.

5. Quorum. A quorum of the commission consists of 8 members.

6. Subcommittees. The chairs shall appoint subcommittees of the commission to expedite the work of the commission. Subcommittees must be formed on issues related to public health, public safety, operation of marijuana industries and agricultural operations and market participation by veterans, minority populations and women.

7. Review of laws and rules. The commission shall review laws and rules pertaining to the retail marijuana and medical marijuana industries in this State and any other provision of law or rule pertaining to marijuana, including, but not limited to, laws and rules regarding public health, public safety, juvenile and adult criminal and civil offenses, workplace drug testing, workplace safety, motor vehicle safety, landlords and tenants, the personal use of marijuana, the practice by law enforcement officers of profiling as defined and prohibited in section 2454, subsection 7 and taxes and fees paid to the State by applicants and registered primary caregivers and registered dispensaries under the Maine Medical Use of Marijuana Act and applicants and licensees under this Act.

8. Solicitation of public comment regarding law enforcement contacts with citizens. The commission, on an annual basis, shall solicit public comment regarding contacts between law enforcement officers and citizens following the initiation of a retail marijuana market in the State that involve the personal use of marijuana and marijuana products and home cultivation of marijuana and the prevalence or absence of the practice of profiling as defined and prohibited in section 2454, subsection 7. The public comments solicited under this subsection and any findings or recommendations by the commission relating to those solicited comments must be included in the annual report under subsection 11.

9. Submission of recommendations to Legislature. The commission shall submit to the Legislature such recommended changes to the laws as it considers appropriate to:

A. Preserve the public health and safety and the well-being of the citizens of the State;

B. Preserve the intent of the citizens as expressed in passage of the Marijuana Legalization Act at the referendum election held in November 2016; and

C. Standardize, coordinate or integrate the retail marijuana and medical marijuana laws, rules and programs in the State, including, but not limited to, recommended changes regarding the standardization, coordination or integration of the laws and rules relating to the testing, labeling and packaging of retail marijuana and retail marijuana products and marijuana and marijuana products for medical use.

10. Public hearings. The commission may hold public hearings at such times and at such places as the commission considers appropriate in order to take testimony concerning the use, possession and distribution of marijuana, police contacts with citizens as described in subsection 8, the alignment of this Act with other provisions of law and any other matter relating to the duties of the commission.

11. Report to Legislature. Beginning January 15, 2020, and annually thereafter, the commission shall submit a report containing its findings and recommendations, together with any suggested legislation, to the joint standing committees of the Legislature having jurisdiction over health and human services matters and retail marijuana matters, which may report out legislation based on the report.

12. Additional consideration regarding review of laws and rules. In reviewing laws and rules under subsection 7, the commission shall review and consider the materials reviewed and developed by any committee of the 128th Legislature having jurisdiction over retail marijuana matters. This subsection is repealed February 1, 2020.

13. Staffing; reimbursement. The Legislative Council shall provide staff support for the operation of the commission, except that Legislative Council staff support is not authorized when the Legislature is in regular or special session. In addition, the commission may contract for administrative, professional and clerical services if funding permits. Members of the commission serve on a voluntary basis, are entitled to reimbursement for expenses as set forth in Title 5, section 12004-I, subsection 52-C and are not entitled to per diem reimbursement.

Sec. A-28. 36 MRSA §1817, sub-§§1 and 2, as enacted by IB 2015, c. 5, §3, are amended to read:

1. Definitions. As used in this section and in section 1818, unless the context otherwise indicates, the following terms have the following meanings.

A. "Retail marijuana" has the same meaning as in Title 7, section 2442, subsection 34.

B. "Retail marijuana product" has the same meaning as in Title 7, section 2442, subsection 37.

C. "Retail marijuana social club" has the same meaning as in Title 7, section 2442, subsection 39.

D. "Retail marijuana store" has the same meaning as in Title 7, section 2442, subsection 40.

E. "State licensing authority" has the same meaning as in Title 7, section 2442, subsection 44.

F. "Participating municipality" means a municipality that has imposed a local option sales tax on the sale of retail marijuana and retail marijuana products pursuant to section 1818.

2. Sales tax on retail marijuana and retail marijuana products. The sales tax on retail marijuana and retail marijuana products is 10% 17.5% and , except as provided in section 1818, is the only tax charged on the sale of retail marijuana and retail marijuana products at the point of final sale at a retail marijuana store or retail marijuana social club.

Sec. A-29. 36 MRSA §1817, sub-§8, as enacted by PL 2017, c. 1, §21, is repealed.

Sec. A-30. 36 MRSA §1818 is enacted to read:

§ 1818. Municipal local option sales tax on retail marijuana and retail marijuana products

1. Authorization to impose local option sales tax. A municipality by referendum conducted pursuant to subsection 7 may impose a local option sales tax of no more than 3.5% on retail marijuana and retail marijuana products sold by retail marijuana stores and retail marijuana social clubs within the municipality.

2. Notification to State Tax Assessor. A municipality that imposes a local option sales tax on retail marijuana and retail marijuana products under this section shall notify the State Tax Assessor at least 90 days before the local option sales tax is effective.

3. Administration. Retail marijuana stores and retail marijuana social clubs in a participating municipality shall transfer the revenue from a local option sales tax imposed under this section at the time and in the manner provided in section 1951-A for the transfer of state sales tax revenue. The tax is subject to the same enforcement provisions, interest, penalties and administrative actions as other taxes assessed under this Part.

4. Distribution of revenue. Each month, the State Tax Assessor shall identify the amount of revenue attributable to each participating municipality under this section and certify the net amount for that municipality to the Treasurer of State, who shall each month distribute that net amount to the municipality.

5. Use of revenue by participating municipality. The revenue raised by the imposition of a local option sales tax on retail marijuana and retail marijuana products under this section must be held by the participating municipality in a special revenue account established for that purpose. Revenue from that account may be expended only if specifically authorized by an appropriation of the local legislative body.

6. Effect on revenue sharing and other state aid programs. Revenue received pursuant to subsection 4 may not be used to reduce or eliminate any funding otherwise due the participating municipality under any provision of law providing aid to the participating municipality, including, but not limited to, aid for schools, roads, public assistance or jails.

7. Referendum. The question of whether to impose a local option sales tax on retail marijuana and retail marijuana products must be submitted to the legal voters of a municipality that seeks to impose the local option sales tax.

The petition process and voting must be held and conducted in accordance with Title 30-A, sections 2528, 2529 and 2532 even if the municipality has not accepted the provisions of Title 30-A, section 2528. The voting at elections must be held and conducted in accordance with Title 21-A. The municipal clerk shall prepare the required ballots, which must contain substantially the following question:

"Do you favor a local option sales tax of up to 3.5% to be imposed by [insert name of municipality] on retail marijuana and retail marijuana products sold by retail marijuana stores and retail marijuana social clubs within [insert name of municipality]?"

The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion of the same. The municipal clerk shall make a return of the results, certify the results and send them to the Secretary of State. The Secretary of State shall forward the results to the assessor.

A local option sales tax imposed by a participating municipality on retail marijuana and retail marijuana products under this section may be discontinued by referendum conducted in the same manner as the referendum adopting the local option sales tax under this subsection.

8. Effective date of tax; acceptance by voters. A local option sales tax on retail marijuana and retail marijuana products authorized by this section takes effect 120 days after the municipal referendum vote under subsection 7 if it is accepted by a majority of the legal voters voting at the election and the total number of votes cast equals or exceeds 20% of the total number of votes cast by that municipality in the most recent gubernatorial election.

PART B

Sec. B-1. 15 MRSA §5821, first ¶, as amended by IB 1999, c. 1, §2, is further amended to read:

Except as provided in section sections 5821-A and 5821-B, the following are subject to forfeiture to the State and no property right may exist exists in them:

Sec. B-2. 15 MRSA §5821-B is enacted to read:

§ 5821-B. Property not subject to forfeiture based on adult use of marijuana

Property is not subject to forfeiture under this chapter if the activity that subjects the person's property to forfeiture is the cultivation, testing, products manufacturing or sale of retail marijuana pursuant to a license issued under Title 7, chapter 417 or is related to the personal possession, use or home cultivation of marijuana pursuant to Title 7, chapter 417 and the person meets all applicable requirements imposed by and is in compliance with Title 7, chapter 417.

Sec. B-3. 17-A MRSA §1103, sub-§1-A, ¶¶E and F, as enacted by PL 2001, c. 383, §115 and affected by §156, are amended to read:

E. Marijuana in a quantity of more than one pound and the person to whom the marijuana is trafficked is in fact under 21 years of age. Violation of this paragraph is a Class C crime;

F. Marijuana and the person grows or cultivates 100 or more plants. Violation of this paragraph is a Class C crime;

Sec. B-4. 17-A MRSA §1103, sub-§1-B, as enacted by PL 2001, c. 383, §115 and affected by §156, is amended to read:

1-B. A person is not guilty of unlawful trafficking in a scheduled drug if the conduct that constitutes the trafficking is either:

A. Expressly authorized by Title 7, chapter 417, Title 22 or Title 32; or

B. Expressly made a civil violation by Title 7, chapter 417 or Title 22.

Sec. B-5. 17-A MRSA §1105-D, sub-§1, ¶B-1, as enacted by PL 2001, c. 667, Pt. D, §30 and affected by §36, is amended to read:

B-1. At the time of the offense, the person possesses a firearm in the furtherance of the offense, uses a firearm, carries a firearm or is armed with a firearm, and the person grows or cultivates:

(1) Five hundred or more marijuana plants. Violation of this subparagraph is a Class A crime;

(2) One hundred or more but fewer than 500 marijuana plants. Violation of this subparagraph is a Class B crime;

(3) More than 5 but fewer than 100 marijuana plants. Violation of this subparagraph is a Class C crime; or

(4) Five or fewer marijuana plants. Violation of this subparagraph is a Class D crime;

Sec. B-6. 17-A MRSA §1106, sub-§1-B, as enacted by PL 2001, c. 383, §121 and affected by §156, is amended to read:

1-B. A person is not guilty of unlawful furnishing of a scheduled drug if the conduct that constitutes the furnishing is expressly:

A. Authorized by Title 7, chapter 417, Title 22 or Title 32; or

B. Made a civil violation by Title 7, chapter 417 or Title 22.

Sec. B-7. 17-A MRSA §1106, sub-§3, ¶A, as amended by PL 2009, c. 67, §1, is repealed.

Sec. B-8. 17-A MRSA §1107-A, sub-§1, ¶F, as amended by PL 2009, c. 67, §2, is further amended to read:

F. A schedule Z drug. Violation of this paragraph is a Class E crime unless the drug is marijuana, in which case a violation of this paragraph is:

(1) For possession of over 2 1/2 ounces to 8 ounces of marijuana, a Class E crime;

(2) For possession of over 8 ounces to 16 ounces of marijuana, a Class D crime;

(3) For possession of over one pound to 20 pounds of marijuana, a Class C crime; and

(4) For possession of over 20 pounds of marijuana, a Class B crime.

Sec. B-9. 17-A MRSA §1107-A, sub-§2, as enacted by PL 2001, c. 383, §127 and affected by §156, is amended to read:

2. A person is not guilty of unlawful possession of a scheduled drug if the conduct that constitutes the possession is expressly:

A. Authorized by Title 7, chapter 417, Title 22 or Title 32; or

B. Made a civil violation by Title 7, chapter 417 or Title 22.

Sec. B-10. 17-A MRSA §1107-A, sub-§4, as amended by PL 2015, c. 496, §9, is further amended to read:

4. It is an affirmative defense to prosecution under subsection 1, paragraph B, subparagraphs (4) to (6); subsection 1, paragraph B-1, subparagraphs (4) to (6); and subsection 1, paragraphs C to F E that the person possessed a valid prescription for the scheduled drug or controlled substance that is the basis for the charge and that, at all times, the person intended the drug to be used only for legitimate medical use in conformity with the instructions provided by the prescriber and dispenser.

Sec. B-11. 17-A MRSA §1111-A, sub-§1, as corrected by RR 2015, c. 1, §11, is amended to read:

1. As used in this section the term "drug paraphernalia" means all equipment, products and materials of any kind that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a scheduled drug in violation of this chapter or Title 22, section 2383, except that this section does not apply to a person who is authorized to possess marijuana for medical use pursuant to Title 22, chapter 558-C, to the extent the drug paraphernalia is used for that person's medical use of marijuana ; to a person who is authorized to possess marijuana pursuant to Title 7, chapter 417, to the extent the drug paraphernalia is used for that person's use of marijuana; or to a retail marijuana store or retail marijuana social club licensed pursuant to Title 7, chapter 417, to the extent that the drug paraphernalia relates to the sale or offering for sale of marijuana by the retail marijuana store or retail marijuana social club. It includes, but is not limited to:

A. Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a scheduled drug or from which a scheduled drug can be derived;

B. Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing scheduled drugs;

C. Isomerization devices used or intended for use in increasing the potency of any species of plant that is a scheduled drug;

D. Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of scheduled drugs;

E. Scales and balances used or intended for use in weighing or measuring scheduled drugs;

F. Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting scheduled drugs;

G. Separation gins and sifters, used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

H. Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding scheduled drugs;

I. Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of scheduled drugs;

J. Containers and other objects used or intended for use in storing or concealing scheduled drugs; and

K. Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(2) Water pipes;

(3) Carburetion tubes and devices;

(4) Smoking and carburetion masks;

(5) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

(6) Miniature cocaine spoons and cocaine vials;

(7) Chamber pipes;

(8) Carburetor pipes;

(9) Electric pipes;

(10) Air-driven pipes;

(11) Chillums;

(12) Bongs; or

(13) Ice pipes or chillers.

Sec. B-12. 17-A MRSA §1111-A, sub-§§4-A and 4-B, as enacted by PL 2011, c. 464, §20, are amended to read:

4-A. Except as provided in Title 7, chapter 417 or Title 22, chapter 558-C, a person is guilty of use of drug paraphernalia if:

A. The person trafficks in or furnishes drug paraphernalia knowing, or under circumstances when that person reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a scheduled drug in violation of this chapter or Title 22, section 2383, and the person to whom that person is trafficking or furnishing drug paraphernalia is:

(1) At least 16 years of age. Violation of this subparagraph is a Class E crime; or

(2) Less than 16 years of age. Violation of this subparagraph is a Class D crime; or

B. The person places in a newspaper, magazine, handbill or other publication an advertisement knowing, or under circumstances when that person reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects intended for use as drug paraphernalia. Violation of this paragraph is a Class E crime.

4-B. Except as provided in Title 7, chapter 417 or Title 22, chapter 558-C, a person commits a civil violation if:

A. The person in fact uses drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a scheduled drug in violation of this chapter or Title 22, section 2383. Violation of this paragraph is a civil violation for which a fine of $300 must be adjudged, none of which may be suspended; or

B. The person possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a scheduled drug in violation of this chapter or Title 22, section 2383. Violation of this paragraph is a civil violation for which a fine of $300 must be adjudged, none of which may be suspended.

Sec. B-13. 17-A MRSA §1114, as enacted by PL 1975, c. 499, §1, is amended to read:

§ 1114. Schedule Z drugs; contraband subject to seizure

All scheduled Z drugs, the unauthorized possession of which constitutes a civil violation under Title 7, chapter 417 or Title 22, are hereby declared contraband, and may be seized and confiscated by the State.

Sec. B-14. 17-A MRSA §1115, as enacted by PL 1975, c. 499, §1 and amended by c. 740, §106-A, is further amended to read:

§ 1115. Notice of conviction

On the conviction of any person of the violation of any provision of this chapter, or on his the person's being found liable for a civil violation under Title 7, chapter 417 or Title 22, a copy of the judgment or sentence and of the opinion of the court or judge, if any opinion be filed, shall must be sent by the clerk of court or by the judge to the board or officer, if any, by whom the person has been licensed or registered to practice his the person's profession or to carry on his the person's business if the court finds that such conviction or liability renders such person unfit to engage in such profession or business. The court may, in its discretion, suspend or revoke the license or registration of the person to practice his the person's profession or to carry on his the person's business if the court finds that such conviction or liability renders such person unfit to engage in such profession or business. On the application of any person whose license or registration has been suspended or revoked and upon proper showing and for good cause, said board or officer may reinstate such license or registration.

Sec. B-15. 17-A MRSA §1117, sub-§4, as enacted by PL 2009, c. 631, §3 and affected by §51, is amended to read:

4. A person is not guilty of cultivating marijuana if the conduct is expressly authorized by Title 7, chapter 417 or Title 22, chapter 558-C.

PART C

Sec. C-1. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the word "marijuana" appears, it is amended to read "cannabis" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. C-2. Rulemaking. The state licensing authority pursuant to the Marijuana Legalization Act shall provisionally adopt all rules required by the Marijuana Legalization Act no later than December 1, 2018 and when drafting rules shall review and consider proposals considered for amendments to the Marijuana Legalization Act by the Joint Select Committee on Marijuana Legalization Implementation established pursuant to Joint Order 2017, House Paper 96.

Sec. C-3. Department of Public Safety; sealing of marijuana conviction records. Notwithstanding any provision of law to the contrary and no later than January 15, 2020, the Department of Public Safety, Bureau of State Police, State Bureau of Identification shall ensure that all criminal conviction records within the possession of the department that relate to an eligible marijuana conviction are made confidential and that the dissemination of such records by the department is prohibited.

1. For the purposes of this section, "eligible marijuana conviction" means a conviction for a current or former crime that consisted of conduct that is authorized under the Maine Revised Statutes, Title 7, section 2452.

2. No later than January 15, 2019, the Department of Public Safety shall submit to the joint standing committees of the Legislature having jurisdiction over retail marijuana matters, criminal justice and public safety matters and judicial matters a report regarding the progress made by the department in meeting the requirements of this section. The report must include any proposed legislation necessary for the department to meet the requirements of this section by January 15, 2020. After reviewing the report, the joint standing committee of the Legislature having jurisdiction over retail marijuana matters may report out legislation relating to the report to the First Regular Session of the 129th Legislature. The joint standing committees of the Legislature having jurisdiction over criminal justice and public safety matters and judicial matters may make recommendations to the joint standing committee of the Legislature having jurisdiction over retail marijuana matters regarding that legislation.

PART D

Sec. D-1. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF