‘Sec. 1. 22 MRSA §2422, sub-§§4-D to 4-I, as enacted by PL 2017, c. 447, §1 and c. 452, §3, are repealed.
Sec. 2. 22 MRSA §2422, sub-§§4-N to 4-S are enacted to read:
Sec. 3. 22 MRSA §2422, sub-§6, as amended by PL 2017, c. 452, §3, is further amended to read:
Sec. 4. 22 MRSA §2422, sub-§14-A, as amended by PL 2017, c. 447, §3 and c. 452, §3, is repealed and the following enacted in its place:
Sec. 5. 22 MRSA §2423-A, sub-§1, ¶G, as amended by PL 2015, c. 475, §6, is further amended to read:
Sec. 6. 22 MRSA §2423-A, sub-§1, ¶H, as amended by PL 2017, c. 447, §4 and c. 452, §4, is repealed and the following enacted in its place:
Sec. 7. 22 MRSA §2423-A, sub-§1, ¶J, as enacted by PL 2017, c. 447, §6 and c. 452, §4, is repealed and the following enacted in its place:
Sec. 8. 22 MRSA §2423-A, sub-§1, ¶K, as enacted by PL 2017, c. 447, §6 and c. 452, §4, is repealed and the following enacted in its place:
Sec. 9. 22 MRSA §2423-A, sub-§2, ¶G, as repealed and replaced by PL 2017, c. 447, §7 and amended by c. 452, §4, is repealed and the following enacted in its place:
Sec. 10. 22 MRSA §2423-A, sub-§2, ¶L, as amended by PL 2017, c. 447, §8 and c. 452, §4, is repealed and the following enacted in its place:
Sec. 11. 22 MRSA §2423-A, sub-§2, ¶M, as amended by PL 2017, c. 447, §8 and c. 452, §4, is repealed and the following enacted in its place:
Sec. 12. 22 MRSA §2423-A, sub-§2, ¶N, as enacted by PL 2017, c. 447, §9 and c. 452, §4, is repealed and the following enacted in its place:
Sec. 13. 22 MRSA §2423-A, sub-§10, as amended by PL 2017, c. 447, §10 and c. 452, §4, is repealed and the following enacted in its place:
(1) Dispose of samples in a manner that prevents diversion of samples to persons not authorized to possess the samples tested by the facility;
(2) House and store samples in the facility's possession or control during the process of testing, transport or analysis in a manner to prevent diversion, theft or loss;
(3) Label samples being transported to and from the facility with the following statement: "For Testing Purposes Only";
(4) Maintain testing results as part of the facility's business books and records; and
(5) Operate in accordance with any rules adopted by the department.
(1) Marijuana testing facility officer or director qualification requirements;
(2) Required security for marijuana testing facilities; and
(3) Requirements for the licensing, certifying or other approval of marijuana testing facilities.
The failure of the department to adopt rules under this paragraph does not prevent a marijuana testing facility from engaging in activities in compliance with this chapter.
Sec. 14. 22 MRSA §2423-A, sub-§11, as amended by PL 2017, c. 447, §11 and repealed by c. 452, §4, is repealed.
Sec. 15. 22 MRSA §2423-A, sub-§12, as amended by PL 2017, c. 447, §12 and c. 452, §4, is repealed and the following enacted in its place:
Sec. 16. 22 MRSA §2423-A, sub-§14, as enacted by PL 2017, c. 447, §14, is repealed.
Sec. 17. 22 MRSA §2423-F, as enacted by PL 2017, c. 447, §15 and c. 452, §9, is repealed and the following enacted in its place:
§ 2423-F. Marijuana manufacturing facilities
A person may not manufacture marijuana products or marijuana concentrate or engage in marijuana extraction except as provided in this chapter.
(1) Certification from a professional engineer licensed in this State of the safety of the equipment used for marijuana extraction and the location of the equipment and the professional engineer's approval of the standard operating procedures for the marijuana extraction;
(2) Documentation from a professional engineer licensed in this State or a state or local official authorized to certify compliance that the equipment used for marijuana extraction and the location of the equipment comply with state law and all applicable local and state building codes, electrical codes and fire codes, including the chapters of the most recent National Fire Protection Association Fire Code relating to marijuana extraction facilities;
(3) Documentation from the manufacturer of the marijuana extraction system or a professional engineer licensed in this State showing that a professional grade, closed-loop extraction system that is capable of recovering the solvents used to produce marijuana concentrate is used by the person; and
(4) Evidence that the person has provided notice to the department of the person's intent to engage in marijuana extraction using inherently hazardous substances and the location where the marijuana extraction will occur prior to engaging in marijuana extraction using inherently hazardous substances.
A person that intends to engage in marijuana extraction using inherently hazardous substances shall notify the department of that intention prior to engaging in marijuana extraction using inherently hazardous substances. The department may deny an application of a person authorized under this paragraph to register pursuant to rules adopted under subsection 10 if the person did not notify the department in accordance with this paragraph.
Notwithstanding the authorizations established in this subsection, a person that is authorized to engage in marijuana extraction using inherently hazardous substances pursuant to subsection 3 shall comply with any rules adopted pursuant to subsection 10.
(1) The annual fee required pursuant to section 2425-A, subsection 10;
(2) The legal name of the facility or person and, if incorporated, evidence of incorporation and evidence that the corporation is in good standing with the Secretary of State;
(3) The physical address of the facility or person or the physical address where an applicant who is an individual will engage in the activities authorized under this section. If the facility or person changes its physical location, or if a person registered under this subsection changes the location at which the person engages in activities authorized under this section, the facility or person shall notify the department of the new location; and
(4) The name, address and date of birth of each officer or director of the facility or person.
(1) The name of the cardholder;
(2) The date of issuance and expiration date of the registry identification card; and
(3) A random identification number that is unique to the cardholder.
The department may not issue a registry identification card to an officer or director or assistant of a registered manufacturing facility or person authorized to engage in marijuana extraction using inherently hazardous substances who has been convicted of a disqualifying drug offense. The department shall conduct a criminal history record check of each person, officer or director or assistant subject to this subsection on an annual basis.
If the department determines not to issue a registry identification card for a person, officer or director or assistant, the department shall notify the registered manufacturing facility or person authorized to engage in marijuana extraction using inherently hazardous substances in writing of the reason for denying the registry identification card.
The failure of the department to adopt rules under this subsection does not prevent a person authorized pursuant to subsection 3, paragraph A from engaging in conduct authorized under this section.
Sec. 18. 22 MRSA §2425, as amended by PL 2017, c. 447, §§16 to 18 and repealed by c. 452, §11, is repealed.
Sec. 19. 22 MRSA §2425-A, sub-§3-A, ¶¶E and F, as enacted by PL 2017, c. 452, §12, are amended to read:
Sec. 20. 22 MRSA §2425-A, sub-§8, ¶D, as enacted by PL 2017, c. 452, §12, is amended to read:
Sec. 21. 22 MRSA §2426, sub-§1, ¶E, as amended by PL 2017, c. 452, §13, is further amended to read:
Sec. 22. 22 MRSA §2428, sub-§1-A, ¶D, as amended by PL 2017, c. 447, §19 and c. 452, §16, is repealed and the following enacted in its place:
Sec. 23. 22 MRSA §2428, sub-§1-A, ¶E, as amended by PL 2017, c. 447, §20 and c. 452, §16, is repealed and the following enacted in its place:
Sec. 24. 22 MRSA §2428, sub-§1-A, ¶F, as enacted by PL 2017, c. 447, §21 and c. 452, §16, is repealed and the following enacted in its place:
(1) Transfer marijuana plants and harvested marijuana to a qualifying patient and to a caregiver on behalf of a qualifying patient in a retail sale for reasonable compensation;
(2) Transfer marijuana plants and harvested marijuana to a qualifying patient, caregiver or dispensary for no remuneration;
(3) Acquire marijuana plants and harvested marijuana from another dispensary for no remuneration;
(4) Transfer to and accept from a registered caregiver or another dispensary marijuana plants and harvested marijuana in a wholesale transaction in accordance with this paragraph. A dispensary may transfer in wholesale transactions for reasonable compensation or for no remuneration up to 30% of the mature marijuana plants grown by the dispensary over the course of a calendar year, including any marijuana products or marijuana concentrate manufactured from that 30% of the mature marijuana plants grown by the dispensary. A dispensary may transfer to or accept from registered caregivers and dispensaries in wholesale transactions an unlimited amount of immature marijuana plants and seedlings. A dispensary that acquires mature marijuana plants, marijuana products or marijuana concentrate in a wholesale transaction under this subparagraph may not resell the mature marijuana plants, marijuana products or marijuana concentrate except to a qualifying patient or to a caregiver or dispensary to assist a qualifying patient;
(5) Transfer harvested marijuana to a manufacturing facility and accept marijuana products and marijuana concentrate from the manufacturing facility that are produced from the harvested marijuana the dispensary provided to the manufacturing facility; and
(6) Provide samples to a marijuana testing facility for testing and research purposes;
Sec. 25. 22 MRSA §2428, sub-§1-A, ¶G, as enacted by PL 2017, c. 447, §21 and c. 452, §16, is repealed and the following enacted in its place:
Sec. 26. 22 MRSA §2428, sub-§6, ¶E, as amended by PL 2017, c. 452, §16, is further amended to read:
Sec. 27. 22 MRSA §2428, sub-§9, ¶B, as amended by PL 2017, c. 452, §16, is further amended to read:
Sec. 28. 22 MRSA §2429-A, sub-§4, as enacted by PL 2017, c. 452, §18, is amended to read:
Sec. 29. 22 MRSA §2429-B, sub-§1, ¶E, as enacted by PL 2017, c. 452, §18, is amended to read:
Sec. 30. 22 MRSA §2429-C, sub-§5, as enacted by PL 2017, c. 452, §18, is amended to read:
Sec. 31. 22 MRSA §2430, sub-§5, as enacted by PL 2017, c. 452, §22, is amended to read:
Sec. 32. 22 MRSA §2430-G, sub-§1, ¶B, as enacted by PL 2017, c. 452, §24, is amended to read: