Maine: All the Latest Updates & Recent Guidance

Overview of Enacted Cannabis-related Legislation – Second Regular Session of the 131st Legislature (Medical & Adult Use)
This guidance aims to make program participants aware of recent changes to the laws governing Maine’s medical and adult use cannabis programs as a result of the second regular session of the 131st Legislature. Read more.

Other News & Updates

Call for Applicants: Cannabis Hospitality Task Force (Adult Use)
The Office of Cannabis Policy (OCP) is currently seeking qualified applicants to fill seats on its newly created Cannabis Hospitality Task Force. The task force will meet this summer to review how other states regulate cannabis hospitality establishments and draft policy recommendations for regulating such establishments in Maine. Apply today!

OCP Statement on the Reclassification of Cannabis from Schedule I to Schedule III (Medical & Adult Use)
With the move to reclassify cannabis from Schedule I to Schedule III, OCP issued a statement stating that it anticipates no changes to how Maine’s medical and adult use cannabis programs currently operate. Read more.

Lessons from Licensing

When submitting operating agreements or business ownership documents to OCP, business entities should be sure to submit the appropriate documents. As applicable, that includes the following:

  • If the business entity is a corporation, a copy of its bylaws and/or operating agreement and stock ledger.
  • If the business entity is a limited liability company, a copy of its limited liability company agreement and/or operating agreement.
  • If the business is any type of partnership, a copy of the partnership agreement.

Compliance Corner

Adult use licensees are reminded that per the Adult Use Cannabis Program Rule,18-691 C.M.R. Chapter 1, “Total THC” means the sum of THC and THCA. Total THC is calculated by a cannabis testing facility using the following equation: Total THC = delta-9 THC + (THCA*0.877)
Packaging for all cannabis and cannabis products must clearly display on the marketing layer the potency results for total THC and total CBD reported by a testing facility on the certificate of analysis.

Legislative Changes FAQ

Q: Did recent legislative changes in P.L. 2023, ch. 679 (L.D. 40) affect the longstanding prohibition against the use of a shared facility for medical and adult use cannabis retail sales?
A: No. Recent legislation did not change 28-B MRS § 504(5), the subsection prohibiting co-located medical and adult use retail stores. That subsection prohibits “A cannabis store licensee that is also a registered caregiver or a registered dispensary…” from “…sell[ing] or offer[ing] for sale to consumers adult use cannabis and adult use cannabis products … within the same facility or building in which the licensee also sells or offers for sale to qualifying patients cannabis and cannabis products for medical use pursuant to the Maine Medical Use of Cannabis Act.”

The change referenced in OCP’s recent guidance on enacted cannabis-related legislation is codification in the law of the interpretation of the ownership requirements for adult use cultivation or products manufacturing facilities that are co-located with registered caregivers. That “common” ownership interpretation was also extended to adult use cultivation or products manufacturing facilities that are co-located with registered dispensaries.

Upcoming Events

2024 Enacted Cannabis-related Legislation Webinar
Thursday, May 30, 2024 | 11:00 a.m. – 12:00 p.m.
Join OCP for a webinar covering recent changes to the laws governing Maine’s medical and adult use cannabis programs as a result of the most recent legislative session. This webinar will also include a brief discussion on the current status of federal efforts to reclassify cannabis from Schedule I to Schedule III. Register here.

Cannabis Hospitality Task Force Meetings
Save the dates! The forthcoming Cannabis Hospitality Task Force will have at least four hybrid meetings to discuss options and recommendations for cannabis hospitality establishments in Maine. Meetings will be held on Wednesdays, July 10, July 24, August 14, and August 28 from 1:00 – 4:00 p.m. and livestreamed for public viewing on OCP’s YouTube channel.

Plus, stay tuned for information about OCP’s 2024 Community Listening Tour with events in Oxford, Waldo, and Knox counties!

Municipal Reminders

OCP’s Municipal Reimbursement Program helps reimburse municipalities for qualifying expenses associated with opting to permit adult use cannabis establishments. This includes legal fees, staff time, and more!
Click to learn more about municipal reimbursement

Team OCP – Job Opening

OCP is currently hiring a Director of Data Analytics! This position is responsible for developing, implementing, and directing comprehensive and effective data strategies and initiatives to support all aspects of OCP’s work. Learn more and apply by June 5, 2024.

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