An Act To Ensure Safety, Quality and Transparency in the Medical Marijuana Market and To Ensure Sufficient Funding for Regulation and Enforcement with Respect to the Retail Marijuana Industry
Sec. 1. 7 MRSA §2442, sub-§41, as enacted by IB 2015, c. 5, §1, is amended to read:
Sec. 2. 22 MRSA §2422, sub-§5-C, ¶A, as enacted by PL 2015, c. 475, §3, is amended to read:
Sec. 3. 22 MRSA §2422, sub-§14-B is enacted to read:
Sec. 4. 22 MRSA §2423-E, sub-§9, as enacted by PL 2015, c. 475, §18, is repealed and the following enacted in its place:
If a label contains information about contaminants, the cannabinoid profile or potency of the marijuana or product containing marijuana, this information on the label must be verified by a marijuana testing facility that is not owned by the registered primary caregiver if there is a marijuana testing facility licensed, certified or approved in accordance with this chapter.
Sec. 5. 22 MRSA §2423-E, sub-§§10 to 13 are enacted to read:
All books and records must be made available at all times during business hours for the inspection and examination by the department or its duly authorized representatives.
The department may require an annual inspection by an inspector to be selected by the department and may require the registered primary caregiver to furnish such information as the department considers necessary for the proper administration of this chapter. The cost of the inspection must be set annually by the department and must be paid by the registered primary caregiver. The department may require an audit to be made of the books and records on such occasions as it may consider necessary by an auditor to be selected by the department, and the cost of the audit must be paid by the registered primary caregiver. The inspector or auditor must have access to all premises, books and records of the registered primary caregiver.
Sec. 6. 22 MRSA §2428, sub-§5, as amended by PL 2011, c. 407, Pt. B, §32, is further amended to read:
The premises, including any places of storage, where prepared marijuana or marijuana plants are stored, cultivated, sold, dispensed or tested are subject to inspection by the State or the municipality in which the premises are located and by the investigators of the State or municipality during all business hours and other times of apparent activity for the purpose of inspection or investigation. Access must be granted during business hours for examination of any inventory or books and records required to be kept by a dispensary. When any part of the premises consists of a locked area, upon demand to the dispensary this area must be made available for inspection, and, upon request by authorized representatives of the State or municipality, the dispensary shall open the area for inspection.
Sec. 7. 22 MRSA §2428, sub-§12, as enacted by PL 2015, c. 475, §24, is repealed and the following enacted in its place:
If a label contains information about contaminants, the cannabinoid profile or potency of the marijuana or product containing marijuana, this information on the label must be verified by a marijuana testing facility that is not owned by the registered dispensary if there is a marijuana testing facility licensed, certified or approved in accordance with this chapter.
Sec. 8. 22 MRSA §2428, sub-§§13 to 16 are enacted to read:
All books and records must be made available at all times during business hours for the inspection and examination by the department or its duly authorized representatives.
The department may require an annual audit by an auditor to be selected by the department and may require any registered dispensary to furnish such information as the department considers necessary for the proper administration of this chapter and may require an audit to be made of the books of account and records on such occasions as the department may consider necessary by an auditor to be selected by the department. The auditor must have access to all books and records of the registered dispensary, and the cost of the audit must be paid by the registered dispensary.
Sec. 9. 36 MRSA §1817, sub-§2, as enacted by IB 2015, c. 5, §3, is repealed and the following enacted in its place:
The bureau shall review the tax rate established under this subsection annually and report its findings and make recommendations to the Legislature as appropriate regarding adjustment to the tax rate.
Sec. 10. 36 MRSA §1817, sub-§3, as enacted by IB 2015, c. 5, §3, is amended to read:
Sec. 11. 36 MRSA §1817, sub-§7, as enacted by IB 2015, c. 5, §3, is repealed and the following enacted in its place:
Revenue may be appropriated to the Maine Criminal Justice Academy for the purpose of training law enforcement personnel on retail marijuana and retail marijuana products laws and rules. Funds appropriated to the Maine Criminal Justice Academy pursuant to this subsection may be used only for the actual costs incurred to provide the necessary education and training of law enforcement personnel.
Sec. 12. Effective date. Those sections of this Act that repeal and replace the Maine Revised Statutes, Title 36, section 1817, subsections 2 and 7 and amend Title 36, section 1817, subsection 3 take effect February 1, 2018.
SUMMARY
This bill amends the Maine Medical Use of Marijuana Act in the following ways.
1. It imposes mandatory testing, labeling and record-keeping requirements on registered dispensaries. It provides that registered dispensaries are subject to inspection by the local fire department, building inspector or code enforcement officer to confirm that no health or safety concerns are present and that local health and safety ordinances apply to registered dispensaries.
2. It imposes mandatory testing, labeling and record-keeping requirements on registered primary caregivers. It provides that registered primary caregivers are subject to inspection by the Department of Health and Human Services to ensure regulatory compliance. It provides that registered primary caregivers are subject to inspection by the local fire department, building inspector or code enforcement officer to confirm that no health or safety concerns are present and that local health and safety ordinances apply to registered primary caregivers.
3. It provides that mandatory testing of medical marijuana and medical marijuana products may be conducted by testing facilities licensed under either the Maine Medical Use of Marijuana Act or the Marijuana Legalization Act.
4. It imposes a special tax of 20% on retail marijuana and retail marijuana products sold by retail marijuana stores and retail marijuana social clubs to ensure that the tax revenue generated is sufficient to fund enforcement and regulation with respect to the retail marijuana industry. It also provides that in addition to this special tax, retail marijuana and retail marijuana products are subject to the state sales tax.