The Maine Legislature in 2023 was busy this year in reviewing approximately forty cannabis related pieces of legislation. One piece of legislation that has become law is LD 1880 - An Act to Amend the Adult Use Cannabis Laws. This piece of legislation makes changes, in fact, some significant changes to the Cannabis Legalization Act, which governs Maine's Adult Use Cannabis Program. Some of these changes include:
- Home address, phone number and email address of the applicants, its employees and those with direct and indirect financial interests in the applied for license are now confidential.
- It clarifies that Adult Use cannabis and Adult Use cannabis products may be returned by a licensee to the licensee from which the cannabis or cannabis product was received.
- A Tier 1, Tier 2, Nursery Cultivation Facility and Manufacturing Facility may sell to consumers through a limited delivery services under the delivery requirements for Adult Use cannabis retail stores. However, a nursery delivery is limited to delivering only immature cannabis plants, seedlings, cannabis seeds and agricultural or gardening supplies relating to the cultivation of cannabis.
- A municipality may not prohibit delivery of adult use cannabis and adult use cannabis products.
- A municipality may designate “safe zones” where cannabis cannot be delivered but those safe zones are governed under Title 30-A, Section 3253.
- So long as you have obtained written consent for delivery to a hotel or business from an authorized employee, delivery of cannabis can occur at that location.
- Mandatory testing will now include dangerous yeasts.
- Returns can be resold so long as they are retested.
- Replaces the current standard on advertising and marketing with a requirement that the Department of Administrative and Financial Services adopt rules that identify specific limitations on signs, advertising and marketing to minimize the appeal of Adult Use cannabis and Adult Use cannabis products to persons under 21 years of age.
- It allows advertising and marketing of the business and products with signs on the premises and on the exterior of a motor vehicle subject to existing state restrictions.
- Edible THC products can have up to 200 milligrams of THC.
A second piece of legislation that has become law is LD 202 - An Act to Clarify the Requirements for Adult Use Cannabis Stores to Transact Sales at Specified Events. LD 202 permits a licensed Adult Use cannabis retail store to sell at "specified events" upon receiving a "specified event permit" from the Office of Cannabis Policy. Licensed Adult Use cannabis retail stores will need municipal approval to operate and follow both state laws and rules, and local ordinances in order to operate at these "specified events." There are specific security requirements and municipalities may regulate what you can sell at these events.
Both pieces of legislation require the Office of Cannabis Policy to draft rules, some of which require legislative approval before adoption. It is also likely municipalities will also begin drafting their own rules - especially those who permit Adult Use cannabis retail stores in their community.
If you have any questions about these changes, it is recommended you speak with an attorney.
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John M. Burke manages the firm's Maine cannabis law practice. Mr. Burke advises and represents the firm's clients throughout Maine in both the Medical and Adult Use cannabis programs in a wide range of Maine cannabis law matters. In addition to Mr. Burke's Maine cannabis law practice, Mr. Burke advises and assists the firm's clients in a variety of industries on various intellectual property matters throughout the United States. Learn more about John Burke by clicking here.
Caseiro Burke is a boutique law firm that specializes in intellectual property law and cannabis compliance and licensing in the State of Maine. We offer clients creative, cost-effective and reliable legal solutions in all intellectual property and Maine cannabis law matters.
DISCLAIMER: No blogs produced by Caseiro Burke shall be considered legal advice.