On its own initiative or after receiving and investigating a complaint, the department may suspend or revoke a license or impose a monetary penalty.
P.L. 2017, ch. 409 took effect on in May of 2018 enacting Title 28-B of the Maine Revised Statutes and repealed 7 M.R.S.A. Chapter 417. As stated in the preamble of P.L. 2017, ch. 409, the measure was intended to “to facilitate the timely implementation of a retail marketplace in the State for adult-use marijuana and adult-use marijuana products, the agencies charged by law with the implementation, administration, and enforcement of the Marijuana Legalization Act must adopt rules in accordance with that Act and the Legislature must review those rules in accordance with the Maine Administrative Procedure Act as soon as is practicable.”
Maine’s Department of Administrative and Financial Services handles licensing and regulations for all of the state’s marijuana businesses. DAVF is required to consult with the Department of Agriculture, Conservation and Forestry when developing regulations regarding cultivation, manufacturing, and testing. They are also required to confer with the Department of Public Safety about any rules concerning public safety or law enforcement.
Regulations specific to marijuana stores:
Only licensed marijuana stores may sell directly to consumers. Cultivation facilities and product manufacturers may also operate licensed marijuana stores. Marijuana stores may sell marijuana, marijuana products, seedlings and immature marijuana plants, marijuana paraphernalia, and non-marijuana products (such as apparel). Employees must check purchasers’ IDs to ensure they are at least 21 years old.
Main, cultivation license applicants are required to submit an operation and cultivation plan along with their application. The plans need to include the size and layout of the facility. Plans for water, electricity, wastewater and waste disposal are also required as are security plans and plans for compliance with building code and environmental laws.
On June 27, 2019, Governor Mills signed into law 129th LD 719, which became P.L. 2019, ch. 491. Among other changes to Maine’s adult-use marijuana laws, P.L. 2019, ch. 491 requires several changes to the provisionally adopted rules.
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An outdoor Tier 1 facility would cost $9 per plant or $250 for a canopy. A Tier 1 indoor or indoor-outdoor facility would cost $17 for a mature plant or $500 for a canopy.
In November 2016, Mainers voted to legalize the recreational use, retail sale and taxation of marijuana. At the time, Maine joined eight other states that had legalized recreational use.
The department is seeking a request for proposals for a tracking system from seed-to-sale. It had entered into a three-year contract with Franwell Inc. on Feb.19 for the oversight system, but canceled it only two weeks later, seeking a broader request for proposals.
The highest fee is for Tier 4 cultivation facilities that have not more than 20,000 square feet of plant canopy of mature plants. Outdoor facilities would pay $15,000, while indoor or indoor-outdoor facilities would pay $30,000.
“BOTEC is well known for its expertise in designing policies that shrink the illicit market and avoid unintended public-health consequences,” Erik Gundersen, the director of Maine’s marijuana policy office, said in a statement.