An Act To Amend the Marijuana Legalization Act to Provide Licensing, Rulemaking and Regulatory and Enforcement Authority within the Department of Administrative and Financial Services; Assign Rulemaking, Regulatory and Enforcement Authority Related to Agricultural Purposes to the Department of Agriculture, Conservation and Forestry; and Allocate Funds for Implementation
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, implementing a system for the regulation and administration of the cultivation, distribution and retail sale of recreational marijuana, a controlled substance, is a complex function with significant financial costs; and
Whereas, ensuring that possession and use of recreational marijuana is limited to persons who are 21 years of age and older is necessary to protect those who have not yet reached adulthood from the potential negative effects of irresponsible use of a controlled substance; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 7 MRSA §1-C is enacted to read:
§ 1-C. Rules and regulatory and enforcement authority regarding the Marijuana Legalization Act
Sec. 2. 7 MRSA §2442, sub-§7, as enacted by IB 2015, c. 5, §1, is amended to read:
Sec. 3. 7 MRSA §2442, sub-§9, as enacted by IB 2015, c. 5, §1, is amended to read:
Sec. 4. 7 MRSA §2444, as amended by PL 2017, c. 1, §6, is further amended to read:
§ 2444. State licensing authority
For the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, testing , tracking from seed or clone to sale and sale of retail marijuana and retail marijuana products and the licensing of retail marijuana social clubs in this State, the state licensing authority is the Department of Agriculture, Conservation and Forestry department.
Sec. 5. 7 MRSA §2445, first ¶, as amended by PL 2017, c. 1, §7, is further amended to read:
Beginning February 1, 2018, the state licensing authority shall establish, within a specific time frame, a retail marijuana and retail marijuana products independent testing and certification program. This program must require licensees to test retail marijuana and retail marijuana products to ensure at a minimum that products sold for human consumption do not contain contaminants that are injurious to health and to ensure correct labeling. The Commissioner of Agriculture, Conservation and Forestry shall adopt rules regarding retail marijuana testing facilities as authorized by sections 1-C and 2444, subsection 2. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 6. 7 MRSA §2446, sub-§2, as enacted by IB 2015, c. 5, §1, is amended to read:
Sec. 7. 7 MRSA §2448, sub-§4, as enacted by IB 2015, c. 5, §1, is amended to read:
(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 state licensing authority Commissioner of Agriculture, Conservation and Forestry 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.
Sec. 8. 7 MRSA §2448, sub-§6, as enacted by IB 2015, c. 5, §1, is amended to read:
The state licensing authority Department of Agriculture, Conservation and Forestry shall adopt rules pursuant to its authority in section 2445 related to acceptable testing and research practices, including but not limited to testing, standards, quality control analysis, equipment certification and calibration, chemical identification and other practices used in bona fide research methods. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 9. 7 MRSA §2448, sub-§8, as enacted by IB 2015, c. 5, §1, is amended to read:
The licensed premises, including any places of storage, where retail marijuana or retail marijuana products are stored, cultivated, sold, dispensed or tested are subject to inspection by the State or the municipality in which the licensed premises are located and by the investigators of the State or municipality during all business hours and other times of apparent activity for the purpose of inspection or investigation. Access must be granted during business hours for examination of any inventory or books and records required to be kept by a licensee. When any part of the licensed premises consists of a locked area, upon demand to the licensee this area must be made available for inspection, and, upon request by authorized representatives of the State or municipality, the licensee shall open the area for inspection.
Each licensee shall retain all books and records necessary to show fully the business transactions of the licensee for a period comprising the current tax year and the 2 immediately preceding tax years.
Sec. 10. 7 MRSA §2455 is enacted 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 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.
Sec. 11. Transfer from General Fund unappropriated surplus; Retail Marijuana Regulatory Coordination Fund, Other Special Revenue Funds account; fiscal year 2016-17. Notwithstanding any other provision of law to the contrary, the State Controller shall transfer $1,400,000 from the General Fund unappropriated surplus to the Retail Marijuana Regulatory Coordination Fund program, Other Special Revenue Funds account within the Department of Administrative and Financial Services no later than 10 days after the effective date of this Act.
Sec. 12. Progress reports. The Department of Administrative and Financial Services shall report to the Joint Select Committee on Marijuana Legalization Implementation 60 days after the effective date of this Act and every 60 days thereafter until final adjournment of the Second Regular Session of the 128th Legislature. The report must provide information on the progress of the Department of Administrative and Financial Services, the Department of Agriculture, Conservation and Forestry and all other state departments involved with implementing the Marijuana Legalization Act.
Sec. 13. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Retail Marijuana Regulatory Coordination Fund N233
Initiative: Allocates funds to establish the Retail Marijuana Regulatory Coordination Fund.
| OTHER SPECIAL REVENUE FUNDS | 2016-17 | 2017-18 | 2018-19 |
|
All Other
|
$500 | $1,400,000 | $0 |
 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $500 | $1,400,000 | $0 |
| ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF | |||
| DEPARTMENT TOTALS | 2016-17 | 2017-18 | 2018-19 |
|
OTHER SPECIAL REVENUE FUNDS
|
$500 | $1,400,000 | $0 |
|
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $500 | $1,400,000 | $0 |
LEGISLATURE
Legislature 0081
Initiative: Appropriates funds on a one-time basis to the Legislature to provide resources for the Joint Select Committee on Marijuana Legalization Implementation for the purposes of covering the costs of consultant services and necessary travel and expenses and any other purposes determined to be appropriate by the Joint Select Committee on Marijuana Legalization Implementation to assist the committee in the performance of its duties.
| GENERAL FUND | 2016-17 | 2017-18 | 2018-19 |
|
All Other
|
$0 | $200,000 | $0 |
|
|
|
|
| GENERAL FUND TOTAL | $0 | $200,000 | $0 |
| LEGISLATURE | |||
| DEPARTMENT TOTALS | 2016-17 | 2017-18 | 2018-19 |
|
GENERAL FUND
|
$0 | $200,000 | $0 |
|
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $200,000 | $0 |
| SECTION TOTALS | 2016-17 | 2017-18 | 2018-19 |
|
GENERAL FUND
|
$0 | $200,000 | $0 |
|
OTHER SPECIAL REVENUE FUNDS
|
$500 | $1,400,000 | $0 |
|
|
|
|
| SECTION TOTAL - ALL FUNDS | $500 | $1,600,000 | $0 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.