HP0066
LD 88
Session - 128th Maine Legislature
H "A" to C "A", Filing Number H-3, Sponsored by Farrin
LR 1572
Item 5
Bill Tracking, Additional Documents Chamber Status

Amend the amendment by inserting after section 1 the following:

Sec. 2. 7 MRSA §2442, sub-§9,  as enacted by IB 2015, c. 5, §1, is amended to read:

9. Department.   "Department" means the Department of Agriculture, Conservation and Forestry Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations.’

Amend the amendment by striking out all of section 6 and inserting the following:

Sec. 6. 7 MRSA §2444, first ¶,  as enacted by IB 2015, c. 5, §1, is amended to read:

For the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, testing and sale of retail marijuana and retail marijuana products in this State, the state licensing authority is the Department of Agriculture, Conservation and Forestry Director of the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services.

Sec. 7. 7 MRSA §2444, sub-§1,  as enacted by IB 2015, c. 5, §1, is amended to read:

1. Director is chief administrative officer.   The Commissioner of Agriculture, Conservation and Forestry Director of the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services is the chief administrative officer of the state licensing authority and may employ such officers and employees as may be determined to be necessary. The state licensing authority has the authority to:
A. Grant or refuse licenses for the cultivation, manufacture, distribution, sale and testing of retail marijuana and retail marijuana products as provided by this chapter;
B. Suspend, fine, restrict or revoke licenses under paragraph A upon a violation of this chapter or any rule adopted pursuant to this chapter; and
C. Impose any penalty authorized by this chapter or any rule adopted pursuant to this chapter.

Sec. 8. 7 MRSA §2444-A  is enacted to read:

§ 2444-A 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 fund in the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services. The fund is administered and used by the Director of the Bureau of Alcoholic Beverages and Lottery Operations for the purposes of adopting rules and establishing regulatory procedures as required by this chapter. To facilitate rulemaking and the establishment of a regulatory framework for the cultivation, distribution and sale of retail marijuana, the director may expend funds from the fund to enter into contracts with consultants and employ staff, as determined necessary by the director, conduct meetings with stakeholders and conduct other activities related to the operation of this chapter.

Amend the amendment on page 4 by inserting after section 15 the following:

Amend the bill by inserting after section 16 the following:

Sec. 17. 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, the State Controller shall transfer $1,600,000 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 February 15, 2017.

Sec. 18. 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
$1,600,000 $0 $0
inline graphic sline.gif inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $1,600,000 $0 $0

SUMMARY

This amendment changes the state licensing authority under the Marijuana Legalization Act from the Department of Agriculture, Conservation and Forestry to the Director of the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services. It also establishes the Retail Marijuana Regulatory Coordination Fund to be used by the director for rulemaking and other duties related to implementation of a regulatory scheme for the cultivating, distribution and sale of retail marijuana. This amendment also transfers $1,600,000 from unappropriated General Fund surplus to the fund.

The amendment also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED
(See attached)


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