Maine State House at sunset. Augusta, Maine.

Maine Legislative Preview – Second Regular Session of the 130th Legislature

December 21st, 2021, Adult-use, Cannabis Law, Medical, Public Policy, Regulatory, Retail, State

The Second Regular Session of the 130th Maine Legislature will begin on January 5, 2022.  Statutory adjournment for the Second Regular Session is April 20, 2022. This post provides an initial overview of the marijuana-related bills that were carried over from last session and that have been printed so far. The Legislative Council approved other bills that do not currently have language and we will send an update once those bills are printed.   

Adult Use Marijuana Program

As explained in an earlier post here, Maine is in the process of revising the adult use marijuana program rule adopted in 2019. While the public comment period on the proposed revision of the rule at the agency level closed last month, this is a major substantive rule. That means the Office of Marijuana Policy must provisionally adopt the rule they have updated with stakeholder feedback and then also submit it to the 130th Maine Legislature for review and consideration. There will be more opportunities for stakeholder review and feedback on the rule as it goes through the legislative process, which will include another public hearing in 2022.

LD1827 – An Act To Permit Limited Delivery of Adult Use Marijuana would allow delivery of adult use marijuana/marijuana products to customers over the age of 21, regardless of whether or not the delivery location is in a community that has voted to authorize adult use marijuana stores. However, the current text of the bill would only extend this authorization to a very limited set of operators. In order to deliver adult use marijuana/marijuana products, the licensee would need to source that marijuana exclusively from tier 1 adult use marijuana cultivation facilities. As of December 2021, there is only one tier 1 cultivation facility operating in the adult use marijuana program. Moreover, the authorization would not extend to vertically integrated operators, only to standalone retail stores. 

LD1817 – An Act To Allow the State’s Adult Use Marijuana Tracking System To Track Plants and Products by Group

This bill would allow the state’s inventory tracking system (Metrc) to track groups of plants or products.

Medical Marijuana Program

LD421 – An Act To Increase the Number of Plants a Medical Marijuana Caregiver May Cultivate carried over from the last legislative session. The bill would increase the number of mature plants from 30 to 60 and the number of immature plants from 60 to 120 that a medical marijuana caregiver may cultivate.

LD1784 – An Act To Ensure Legislative Review of Rules for Maine’s Medical Use of Marijuana Act would change the rulemaking process for major substantive rules provisionally adopted by the Department of Administrative and Financial Services, Office of Marijuana Policy relating to Maine’s medical marijuana program. The rules could not be finally adopted by the Department unless legislation authorizing final adoption of the rules is enacted into law. 

We will update this post as the text of each bill is printed and the Legislature reconvenes.