Ch. 1: Adult Use Cannabis Program Rule

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Code of Maine Rules › 18-691 Office of Cannabis Policy › Ch. 1

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Section 1 - Adult Use Cannabis Program

1.1 - Statutory Authority

The Department of Administrative and Financial Services (referred heretofore as the Department), acting through its Office of Cannabis Policy, has developed the following rule in accordance with the statutory authority provided in Title 28-B, §104 for the purpose of implementing, administering and enforcing the provisions of 28-B MRS, chapter 1.

1.2 - Department Authority

The Department may enforce this rule and any relevant provisions of 4 MRS, 5 MRS, 28-B MRS and other general statutes, laws, executive orders or subsequently passed legislation. The Department shall set licensing fees in accordance with 28-B MRS §207. As applicable, the Department may delegate authority to appropriate state and local agencies. The Department, or an agent thereof, shall have the authority to inspect, during business hours, times of apparent activity or other reasonable time, any cannabis establishment, vehicles used to transport cannabis or cannabis products or business records.

1.3 - Communication with Department

1.3.1 Written Communications. If an applicant or licensee is required to or elects to submit anything in writing to the Department, unless otherwise prescribed by the Department, the applicant or licensee may submit the writing to the Department via:

Mail;

In-person delivery;

Facsimile; or

E-mail.

1.3.2 Submission Deadline. If a written notification must be submitted by a deadline it must be received by the Department, regardless of the method used to submit the writing, by 5:00 p.m. Eastern Time.

1.4 - Definitions

Action level: “Action level” means the threshold value for determining whether a sample passes or fails an analytical test.

Active license: “Active license” means a license issued by the Department that authorizes cultivation, sample collection, testing, manufacture or sale of cannabis or cannabis products in accordance with 28-B MRS and this rule, including a provisional active license to operate a cannabis testing facility

means the threshold value for determining whether a sample passes or fails an analytical test.

Adult use cannabis: “Adult use cannabis” means cannabis cultivated, manufactured, tested, distributed or sold by a cannabis establishment.

Adult use cannabis product: “Adult use cannabis product” means a cannabis product that is manufactured, distributed or sold by a cannabis establishment.

Analyst: “Analyst” means the designated individual who tests the samples by performing the “hands-on” analytical methods and associated techniques. The analyst is responsible for applying required testing facility practices and other pertinent quality controls to meet the required level of quality.

Analyte: “Analyte” means a chemical, compound, element, bacteria, yeast, fungus or toxin that is identified or measured.

Another jurisdiction: "Another jurisdiction" means the Federal Government, the United States military, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa and each of the several states of the United States except Maine.

Apparent activity: “Apparent activity” is any sights, sounds, smells or other indications that persons are present at a cannabis establishment.

Applicant: "Applicant" means a person who submits an application for a license under this rule to the Department for review that the Department has not yet approved or denied.

Batch: “Batch” means:

A harvest batch; or

A production batch

tates except Maine.

Apparent activity: “Apparent activity” is any sights, sounds, smells or other indications that persons are present at a cannabis establishment.

Applicant: "Applicant" means a person who submits an application for a license under this rule to the Department for review that the Department has not yet approved or denied.

Batch: “Batch” means:

A harvest batch; or

A production batch.

Batch number: "Batch number" means a distinct group of numbers, letters or symbols, or any combination thereof, assigned to a specific batch of adult use cannabis by a cultivation facility, sample collector, testing facility, or a cannabis store or to a specific batch of adult use cannabis or adult use cannabis products by a products manufacturing facility, sample collector, testing facility or a cannabis store.

Best Practices Guide: “Best Practices Guide” means the Best Practices for the Sampling of Adult Use Cannabis, Version 3.1, dated September 11, 2020, published by the Department available at: https://www.maine.gov/dafs/ocp/sites/maine.gov.dafs.ocp/files/inline-files/AUMP_Mandatory_Testing-Best_Practice_Guide_Sample_Collection.pdf which is incorporated herein by reference. All licensees and any employee of a licensee collecting samples of cannabis, cannabis concentrate, or cannabis products for mandatory testing must collect samples in accordance with the best practices described in the guide.

Business entity: "Business entity" means a partnership, association, company, corporation, limited liability company or other entity incorporated or otherwise formed or organized by law. "Business entity" does not include a federal, state or municipal government organization.

Business hours: “Business hours” means 9 A.M. to 5 P.M. Monday through Friday.

Cannabinoid: “Cannabinoid” means a chemical compound that is unique to, and derived from, cannabis.

Cannabis: “Cannabis” means the leaves, stems, flowers and seeds of a cannabis plant, whether growing or not

ed or organized by law. "Business entity" does not include a federal, state or municipal government organization.

Business hours: “Business hours” means 9 A.M. to 5 P.M. Monday through Friday.

Cannabinoid: “Cannabinoid” means a chemical compound that is unique to, and derived from, cannabis.

Cannabis: “Cannabis” means the leaves, stems, flowers and seeds of a cannabis plant, whether growing or not. “Cannabis” includes cannabis concentrate, except where context indicates otherwise, but does not include hemp as defined in 7 MRS §2231, or a cannabis product.

Cannabis concentrate: "Cannabis concentrate" means the resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. In determining the weight of cannabis concentrate in a cannabis product, the weight of any other ingredient combined with cannabis or cannabis concentrate to prepare the cannabis product may not be included.

Cannabis drink: “Cannabis drink” means a liquid edible cannabis product with a concentration of less than 1 mg of THC per ounce of liquid

Cannabis establishment: “Cannabis establishment” means a cultivation facility, a products manufacturing facility, a testing facility, a sample collector or a cannabis store licensed under 28-B MRS and this rule.

Cannabis extraction: "Cannabis extraction" means the process of extracting cannabis concentrate from cannabis using water, lipids, gases, solvents or other chemicals or chemical processes.

Cannabis flower: "Cannabis flower" means the pistillate reproductive organs of a mature cannabis plant, whether processed or unprocessed, including the flowers and buds of the plant. "Cannabis flower" does not include cannabis trim or whole mature cannabis plants, but does include kief

cannabis concentrate from cannabis using water, lipids, gases, solvents or other chemicals or chemical processes.

Cannabis plant: “Cannabis plant” means all species of the plant genus cannabis, including, but not limited to, a mother plant, a mature cannabis plant, an immature cannabis plant or a seedling but it does not include a cannabis product or “hemp” as defined in 7 MRS §2231.

Cannabis product: “Cannabis product” means a product composed of cannabis or cannabis concentrate and other ingredients that is intended for use or consumption. “Cannabis product” includes, but is not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture. “Cannabis product” does not include cannabis concentrate.

Cannabis store: "Cannabis store" means a facility licensed under this rule to purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation facility, to purchase adult use cannabis and adult use cannabis products from a products manufacturing facility, to collect and transport samples of cannabis, cannabis concentrate and cannabis products in that cannabis store’s possession for mandatory testing, and to sell adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings to consumers.

Cannabis Testing Facility or Testing Facility: “Cannabis testing facility” or “testing facility” means an entity licensed according to 28-B MRS §503, including those also registered as cannabis testing facilities in accordance with 22 MRS §2423-A, to test cannabis, cannabis products and other substances for research and development and to analyze contaminants in and the potency and cannabinoid profile of samples in an approved location

cility: “Cannabis testing facility” or “testing facility” means an entity licensed according to 28-B MRS §503, including those also registered as cannabis testing facilities in accordance with 22 MRS §2423-A, to test cannabis, cannabis products and other substances for research and development and to analyze contaminants in and the potency and cannabinoid profile of samples in an approved location. A cannabis testing facility is authorized to collect samples of cannabis, cannabis concentrate and cannabis products without a separate sample collector license in accordance with Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch. 5.

Cannabis trim: "Cannabis trim" means any part of a cannabis plant, whether processed or unprocessed, that is not cannabis flower or a cannabis seed, except that “cannabis trim” does not include the stalks or roots of the cannabis plant.

Cannabis waste “Cannabis waste” means cannabis, cannabis plants or cannabis products that are unfit for retail sale for reasons including, without limitation, failed mandatory testing, expired products or crop failure.

Caregiver: "Caregiver" has the same meaning as in 22 MRS §2422(8-A).

Certificate of analysis: “Certificate of analysis” means the report prepared for the party requesting testing and the Department about the analytical testing performed and results obtained by the cannabis testing facility.

Certification: “Certification” means the process by which an agency or organization evaluates and recognizes a cannabis testing facility as meeting certain predetermined qualifications or standards, thereby certifying the cannabis testing facility. The Department of Health and Human Services (DHHS), Center for Disease Control and Prevention (CDC), is responsible for certification of all cannabis testing facilities

ertification” means the process by which an agency or organization evaluates and recognizes a cannabis testing facility as meeting certain predetermined qualifications or standards, thereby certifying the cannabis testing facility. The Department of Health and Human Services (DHHS), Center for Disease Control and Prevention (CDC), is responsible for certification of all cannabis testing facilities.

Chain of custody form: “Chain of custody form” means a record, either paper-based or electronic, that documents the possession of the samples at the time of receipt by the cannabis testing facility, in accordance with chain of custody protocol prescribed by the cannabis testing facility. This record, at a minimum, must include the sample location, the number and types of containers, the mode of collection, the authorized individual who collected the sample, the date and time of collection, preservation and requested analyses.

Chain of custody protocols: “Chain of custody protocols” means the procedures developed and employed by the cannabis testing facility to record the possession of samples from the time of sampling through the retention time specified by the client or program. These procedures are performed at the special request of the client and include the use of a chain of custody form that documents the collection, transport and receipt of compliance samples by the cannabis testing facility. In addition, these protocols document all handling of the samples within the cannabis testing facility and, if applicable, by the sample collector or self-sampler.

CBD: “CBD” means cannabidiol.

Child-resistant: "Child-resistant" means, with respect to packaging or a container:

Specially designed or constructed to be significantly difficult for a typical child under 5 years of age to open and not to be significantly difficult for a typical adult to open and reseal; and

With respect to any product intended for more than a single use or that contains multiple servings, resealable

nnabidiol.

Child-resistant: "Child-resistant" means, with respect to packaging or a container:

Specially designed or constructed to be significantly difficult for a typical child under 5 years of age to open and not to be significantly difficult for a typical adult to open and reseal; and

With respect to any product intended for more than a single use or that contains multiple servings, resealable.

Co-location: “Co-location” means the siting of multiple adult use licensees or an adult use licensee with a registered caregiver or registered dispensary within a licensed premises. Co-located licensees must share identical ownership with the co-located entity. A licensee that is also a registered caregiver or a registered dispensary may co-locate its operations with that same registered caregiver or registered dispensary.

Conditional license: “Conditional license” is a license issued by the Department that authorizes the licensee to seek local authorization to operate a cultivation facility, testing facility, products manufacturing facility or cannabis store. The conditional license does not authorize possession, transfer, cultivation, testing, manufacture or sale of cannabis or cannabis products.

Contaminant: “Contaminant” means an unacceptable level of an unwanted or objectionable substance, toxin, pollution or foreign material that causes impurity in a product. Contaminants include, but are not limited to, pesticides, microbiology, filth, heavy metals and residual chemical solvents.

Container: "Container" means a sealed package in which adult use cannabis or an adult use cannabis product is placed that meets all applicable packaging, labeling and health and safety requirements of this rule

pollution or foreign material that causes impurity in a product. Contaminants include, but are not limited to, pesticides, microbiology, filth, heavy metals and residual chemical solvents.

Controlled entry area: “Controlled entry area” means an indoor entry area directly inside the licensed premises of a cannabis store, containing the door leading to a public right of way that is used for the purpose of verifying the identification and age of an adult use consumer prior to the consumer’s entry to the sales area of the cannabis store. The controlled entry area shall be conspicuous and make it apparent to consumers that entry to the retail sales area is not permitted until identification is verified.

Criminal justice agency: “Criminal justice agency" has the same meaning as in 16 MRS §803(4).

Cultivation: "Cultivation" or "cultivate" means the planting, propagation, growing, harvesting, drying, curing, grading, trimming or other processing of cannabis for use or sale. "Cultivation" or "cultivate" does not include manufacturing, testing or cannabis extraction.

Cultivation facility: "Cultivation facility" means a facility licensed under this rule to purchase cannabis plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use cannabis; to collect and transport samples of cannabis cultivated by that facility for mandatory testing; to sell adult use cannabis to products manufacturing facilities, to cannabis stores and to other cultivation facilities; and to sell cannabis plants and seeds to other cultivation facilities and immature cannabis plants and seedlings to cannabis stores. A cultivation facility includes a nursery cultivation facility

nd transport samples of cannabis cultivated by that facility for mandatory testing; to sell adult use cannabis to products manufacturing facilities, to cannabis stores and to other cultivation facilities; and to sell cannabis plants and seeds to other cultivation facilities and immature cannabis plants and seedlings to cannabis stores. A cultivation facility includes a nursery cultivation facility. Licensees that cultivate cannabis in a nursery cultivation facility may sell an unlimited number of cannabis seeds and a sum total of 12 seedlings and immature plants to a consumer 21 years of age or older.

Cultivation plan: “Cultivation plan” means the information regarding an applicant’s cultivation activities listed in a conditional application for a license to operate a cultivation facility and facility plan required for an active license to operate a cultivation facility, including a nursery cultivation facility.

Curbside pickup: “Curbside pickup” means retrieval of a sales order containing adult use cannabis and/or adult use cannabis products at an outdoor area, included within the licensed premises of a cannabis store or immediately adjacent to the primary public ingress and egress of the cannabis store, designated for curbside pickup by a consumer 21 years of age or older.

Delivery: “Delivery” means the transportation by a cannabis store licensee, from the licensed premises of the cannabis store to private residences, of sales orders of adult use cannabis and cannabis products to consumers 21 years of age or older who request such sales orders through a telephonic or internet-based platform.

Department: “Department” means the Department of Administrative and Financial Services.

Department of Health and Human Services (DHHS): “Department of Health and Human Services (DHHS)” means the Maine Department of Health and Human Services

f adult use cannabis and cannabis products to consumers 21 years of age or older who request such sales orders through a telephonic or internet-based platform.

Department: “Department” means the Department of Administrative and Financial Services.

Department of Health and Human Services (DHHS): “Department of Health and Human Services (DHHS)” means the Maine Department of Health and Human Services. DHHS includes the Maine Center for Disease Control and Prevention (CDC), which certifies, through its Maine Cannabis Testing Facility Certification Program, the technology and testing methods used by cannabis testing facilities under this rule.

Direct or Indirect Financial Interest: “Direct or Indirect Financial Interest” means any interest in a sole proprietorship or business entity that is applying for or holds a cannabis establishment license, including without limitation:

Equity Owners. Proprietors, partners, shareholders, persons with membership interests, and persons with any other equity ownership interests such as purchase warrants or options, whether whole or partial.

Other Equity Ownership. Any employee, independent contractor, professional, or other person who/which has an agreement with the licensee that provides for their attaining any form of equity ownership. Except that employee equity ownership vested pursuant to an employee stock ownership program is governed by paragraph i.

Royalty License Partners. All person(s) who/which expect to receive financial payment, including without limitation, royalty payments, profit share or revenue share, in return for the licensing of an intellectual property asset or proprietary property, whether or not such assets or property be trademarked or patented, including without limitation, standard operating procedures, brand names, products, packaging, marketing materials, business plans or financial projections.

Contractor and Other Profit Sharing Arrangements

payments, profit share or revenue share, in return for the licensing of an intellectual property asset or proprietary property, whether or not such assets or property be trademarked or patented, including without limitation, standard operating procedures, brand names, products, packaging, marketing materials, business plans or financial projections.

Contractor and Other Profit Sharing Arrangements. Any independent contractor, professional, or other person, except a natural person who is an employee of the licensee, who/which has an agreement with the licensee that provides for their attaining or receiving any form of profit sharing, commissions or the like.

Capital Investors and Lenders. All persons that invest in or lend money to a licensee with the expectation of receiving repayment, with or without additional interest and/or other financial payments or benefits as a condition of investing or lending. Lenders include persons that are holders of any negotiable instruments the licensee is indebted to. Except that state- or federally-chartered banks, credit unions or savings/loan institutions whose only financial interest constitutes a loan, need only provide a copy of the financial instrument recording the terms of the loan.

Management Contractors and Consultants. Persons that exert significant influence or decision-making authority over the licensee’s business plan, marketing strategy, operations or that otherwise control the business; and including any third-party contracted persons or other entities which provide ongoing management and/or consulting services to a licensee for a period longer than 6 months.

Officers, Directors, Managers, and General Partners. Any persons in these positions.

Business Entities. If any of the persons above are business entities, they shall list all persons which have the interests listed in (a), (b) and (g) in the business entity, until only individuals remain, excepting only individuals who own less than 5% of the total shares in a publicly traded company

han 6 months.

Officers, Directors, Managers, and General Partners. Any persons in these positions.

Employee Stock Ownership Program (ESOP). Any shares designated solely for inclusion in a portion of shares reserved for employees of the licensee for the purpose of vesting an equity ownership interest in an employee or employees of the licensee. A licensee offering an ESOP must designate a percentage of equity ownership interests for the ESOP and must report annually the identity of any person holding an equity interest in the licensee through the ESOP.

Disqualifying drug offense: “Disqualifying drug offense" means a conviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year or more, except that "disqualifying drug offense" does not include:

An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed 10 or more years prior to the submission of an application for a license under this rule; or

An offense that consisted of conduct that is authorized under 28-B MRS, chapter 3.

Edible cannabis product: "Edible cannabis product" means a cannabis product intended to be consumed orally, including, but not limited to, any type of food, drink or pill containing cannabis or cannabis concentrate.

Exit packaging: “Exit packaging” means an opaque bag, pouch or other container that cannabis and/or cannabis products are placed in by a licensee after a retail sale to a consumer and before the purchased items leave the licensed premise

ans a cannabis product intended to be consumed orally, including, but not limited to, any type of food, drink or pill containing cannabis or cannabis concentrate.

Facility director: “Facility director” means the individual who is legally authorized to direct the activities of a cannabis testing facility and who commits the appropriate resources to comply with this rule.

Facility plan: “Facility plan” means the comprehensive plan submitted by an applicant for an active cannabis establishment, and amendments thereto submitted after licensure, that includes all information regarding the physical location where the cannabis establishment is located, the operation of the cannabis establishment, the security measures utilized by the cannabis establishment, and as applicable, the cultivation activities of the cannabis establishment. A facility plan includes, as applicable, the operating, cultivation, and security plans of a licensee.

Final form: “Final form” means for the purpose of mandatory testing, adult use cannabis or an adult use cannabis product that is in the form that will be sold to an adult use cannabis consumer; except that the adult use cannabis or adult use cannabis product need not be prepackaged into individual retail units to be considered in its “final form”.

Flowering: "Flowering" means, with respect to a cannabis plant, the gametophytic or reproductive state of a female cannabis plant during which the plant is in a light cycle intended to produce flowers, trichomes and cannabinoids characteristic of cannabis

the adult use cannabis or adult use cannabis product need not be prepackaged into individual retail units to be considered in its “final form”.

Full active license: “Full active license” means a license issued by the Department to a cannabis testing facility that has received full certification from the CDC and ISO/IEC 17025:2017 accreditation for at least one technology and analyte, that authorizes testing of cannabis or cannabis products in accordance with 28-B MRS, Chapter 1, subchapters 2 and 6 and this rule.

Full certification: “Full certification” means certification granted by the CDC pursuant to Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch. 5, to a cannabis testing facility that has received ISO/IEC 17025:2017 accreditation for at least one technology and analyte and meets all other requirements of this rule. Full certification is a prerequisite for the issuance of a full active license by the Department pursuant to this rule.

Harvest batch: “Harvest batch” means a specific quantity of adult use cannabis harvested from adult use cannabis plants of the same strain, grown under the same conditions, and harvested during a specified period of time from a specified cultivation area within a cultivation facility.

Homogeneity: “Homogeneity” means the amount of cannabis or cannabis concentrate and cannabinoids within the product being consistent and reasonably equally dispersed throughout the product or each portion of the product or concentrate, or a representative sample.

Identity statement: "Identity statement" means the name of a business entity as it is commonly known and used in any advertising or marketing by the business entity

eans the amount of cannabis or cannabis concentrate and cannabinoids within the product being consistent and reasonably equally dispersed throughout the product or each portion of the product or concentrate, or a representative sample.

Identity statement: "Identity statement" means the name of a business entity as it is commonly known and used in any advertising or marketing by the business entity.

Immature cannabis plant: “Immature cannabis plant” means a cannabis plant that is not a mature cannabis plant or a seedling.

Infused cannabis product: “Infused cannabis product” means a product or compound that includes one or more cannabis concentrate along with other materials or ingredients, including without limitation, edible cannabis products and topical cannabis products.

Inhaled cannabis product: “Inhaled cannabis product” means cannabis, cannabis concentrate or cannabis products that are intended to be consumed by inhalation, including, without limitation: cannabis flower or trim, pre-rolled cannabis cigarettes, vaporizer cartridges and vaporizer pens.

Inherently hazardous substance: “Inherently hazardous substance” means a liquid chemical, compressed gas or commercial product that has a flash point at or lower than 38 degrees Celsius or 100 degrees Fahrenheit, including, but not limited to, butane, propane and diethyl ether. “Inherently hazardous substance” does not include any form of alcohol or ethanol.

Intermediate packaging: “Intermediate packaging” means packaging materials that are not part of the marketing layer or container, but are included inside an outer container layer, such as a marketing layer.

Intoxication: "Intoxication" means a substantial impairment of an individual's mental or physical faculties as a result of drug or alcohol use

” does not include any form of alcohol or ethanol.

Intoxication: "Intoxication" means a substantial impairment of an individual's mental or physical faculties as a result of drug or alcohol use.

ISO/IEC 17025:2017: “ISO/IEC 17025:2017” means the general requirements for the competence of testing and calibration laboratories issued in 2017 joint technical committee of the International Organization for Standardization and the International Electrotechnical Commission, and any subsequent revision or version thereof.

Kief: “Kief” means the dried or drying resinous trichomes of cannabis plant that have separated from cannabis flower or have been separated from cannabis flower by processes other than extraction. Kief is cannabis flower.

Law enforcement officer: "Law enforcement officer" has the same meaning as in 17-A MRS §2(17).

Licensed premises: "Licensed premises" means the premises specified in a license to operate a cannabis establishment within which the licensee is authorized under this rule to cultivate, manufacture, distribute, sample, test or sell adult use cannabis or adult use cannabis products.

Licensee: “Licensee” means a natural person or business entity licensed pursuant to 28-B MRS to operate a cannabis establishment.

Limited access area: "Limited access area" means a building, room or other area within the licensed premises of a cannabis establishment where a licensee is authorized to cultivate, store, weigh, manufacture, sample, package or otherwise prepare for testing, transfer or retail sale, cannabis and cannabis products. A “limited access area” can only be accessed by authorized persons displaying individual identification cards or authorized contractors of the licensee aged 21 and older displaying a visitor identification badge

blishment where a licensee is authorized to cultivate, store, weigh, manufacture, sample, package or otherwise prepare for testing, transfer or retail sale, cannabis and cannabis products. A “limited access area” can only be accessed by authorized persons displaying individual identification cards or authorized contractors of the licensee aged 21 and older displaying a visitor identification badge.

Liquid: “Liquid” means a substance that flows freely but is of constant volume, having a consistency like that of water or oil.

Local authorization: “Local authorization” means authorization from a municipality in accordance with 28-B MRS §402 or authorization from the Maine Land Use Planning Commission and either a town, plantation, or county commission in accordance with 28-B MRS §403. Local authorization is not required for sample collector licenses.

Manufacture: “Manufacture” or “manufacturing” means the production, blending, infusing, compounding or other preparation of cannabis and cannabis products, including but not limited to cannabis extraction or preparation by means of chemical synthesis. "Manufacture" or "manufacturing" does not include cultivation or testing.

Marijuana: “Marijuana” has the same meaning as “cannabis” as defined in this rule. In accordance with P.L. 2021, ch. 669, An Act To Promote Equity and Increase Opportunities in the Cannabis Industry by Reducing Restrictions Related to Convictions for Drug Offenses and To Replace the Term "Marijuana" with the Term "Cannabis" in the Maine Revised Statute, this rule reflects the replacement of the term “marijuana” with the term “cannabis” throughout. Where the term “marijuana” appears in other written documents maintained or used by the Office of Cannabis Policy and regarding the Adult Use Cannabis Program, that term should be interpreted to have the same meaning as “cannabis” as defined herein

with the Term "Cannabis" in the Maine Revised Statute, this rule reflects the replacement of the term “marijuana” with the term “cannabis” throughout. Where the term “marijuana” appears in other written documents maintained or used by the Office of Cannabis Policy and regarding the Adult Use Cannabis Program, that term should be interpreted to have the same meaning as “cannabis” as defined herein.

Marketing layer: “Marketing layer” means the outermost layer of a retail sale container, which is most predominantly apparent and visible, such as a box or bag that another container containing cannabis, cannabis plants, cannabis concentrate, or cannabis products are within. If the container consists of only a single layer, then the outer surface of the container is the marketing layer.

Matrix or matrices: “Matrix” or “matrices” means the component or substrate that contains the analyte of interest (e.g. cannabis flower, trim, cannabis cigarettes, types of cannabis concentrate, types of cannabis products, etc.).

Mature cannabis plant: “Mature cannabis plant” means a cannabis plant that is flowering.

Method: “Method” means a body of procedures and techniques for performing an activity (e.g., sampling, chemical analysis or quantification), systematically presented in the order in which they are to be executed.

Mother plant: "Mother plant" means a cannabis plant that is used solely for the taking of seedling cuttings.

Municipality: "Municipality" means a city, town or plantation in this State that is not located within the unorganized and deorganized areas.

Mycotoxin: “Mycotoxin” means any toxic substance produced by a fungus and especially a mold.

Opaque: "Opaque" means, with respect to packaging or a container, that any product inside of the packaging or container cannot be seen from outside the packaging or container

ity: "Municipality" means a city, town or plantation in this State that is not located within the unorganized and deorganized areas.

Mycotoxin: “Mycotoxin” means any toxic substance produced by a fungus and especially a mold.

Opaque: "Opaque" means, with respect to packaging or a container, that any product inside of the packaging or container cannot be seen from outside the packaging or container.

Operating plan: “Operating plan” means information regarding the operating requirements listed in an application for a conditional license and included in the facility plan submitted for an active license to operate a cannabis establishment.

Person: "Person" means a natural person or a business entity.

Plan of record: “Plan of record” means, as applicable, a licensee’s current facility plan and the operating, cultivation and security information listed in the licensee’s applications for a conditional or active license on file with and approved by the Department.

Plant canopy: “Plant canopy” means the total surface area within the licensed premises of a cultivation facility that is authorized by the Department for use at any time by the cultivation facility licensee to cultivate mature cannabis plants. The surface area of the plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used by the cultivation facility licensee, the surface area of each tier or shelf must be included in calculating the area of the plant canopy. Calculation of the area of the plant canopy may not include the areas within the licensed premises of cultivation facility that are used by the licensee to cultivate immature cannabis plants and seedlings and that are not used by the licensee at any time to cultivate mature cannabis plants

icensee, the surface area of each tier or shelf must be included in calculating the area of the plant canopy. Calculation of the area of the plant canopy may not include the areas within the licensed premises of cultivation facility that are used by the licensee to cultivate immature cannabis plants and seedlings and that are not used by the licensee at any time to cultivate mature cannabis plants.

Plant regulator: “Plant regulator” means any substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof. “Plant regulator” does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments.

Premises: “Premises” means the designated area within a structure or structures and land specified in a license application that is owned, leased or otherwise held under the control of the applicant or licensee where conduct related to the cultivation, manufacture, sampling, testing or sale of adult use cannabis and cannabis products occurs. The premises must be a contiguous area and may be occupied only by one establishment, unless otherwise permitted by statute or this rule, except that nothing in this definition may be construed to prohibit the siting of multiple cannabis establishments in the same building or property so long as each establishment operates in a physically distinct space from any other establishment.

Private residence: “Private residence” means that part of a structure with a fixed location used as a dwelling, including without limitation: a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin or cottage

tiple cannabis establishments in the same building or property so long as each establishment operates in a physically distinct space from any other establishment.

Production batch: “Production batch” means a specific quantity of cannabis concentrate or a cannabis product that is produced during a specified period of time using the same extraction and/or manufacturing method, formulation and/or recipe and standard operating procedure. “Production batch” also includes the combination of two or more harvest batches of cannabis trim or kief.

Products manufacturing facility: "Products manufacturing facility" means a facility licensed under this rule to purchase adult use cannabis from a cultivation facility or another products manufacturing facility; to manufacture, label and package adult use cannabis and adult use cannabis products; to collect and transport samples of cannabis, cannabis concentrate and cannabis products manufactured by that facility for mandatory testing; and to sell adult use cannabis and adult use cannabis products to cannabis stores and to other products manufacturing facilities

Propagation: "Propagation" means the process of reproducing cannabis plants through the use of cannabis seeds, cuttings or grafting.

Provisional active license: “Provisional active license” means a license issued by the Department to a cannabis testing facility that has received provisional certification from the CDC and has applied for, but not yet received, ISO/IEC 17025:2017 accreditation for at least one technology and analyte, that authorizes testing of cannabis or cannabis products in accordance with 28-B MRS, Chapter 1, subchapter 2 and 6 and this rule

visional active license” means a license issued by the Department to a cannabis testing facility that has received provisional certification from the CDC and has applied for, but not yet received, ISO/IEC 17025:2017 accreditation for at least one technology and analyte, that authorizes testing of cannabis or cannabis products in accordance with 28-B MRS, Chapter 1, subchapter 2 and 6 and this rule.

Provisional certification: “Provisional certification” means certification granted by the CDC pursuant to Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch. 5, to a cannabis testing facility that has not yet received ISO/IEC 17025 accreditation for at least one technology and analyte, but for which an application is pending, and that meets all other requirements of this rule. Provisional certification is a prerequisite for the issuance of a provisional active license by the Department pursuant to this rule.

Qualifying patient: “Qualifying patient” means a person who possesses a valid certification for the medical use of cannabis pursuant to 22 MRS §2423-B.

Quality assurance (QA): “Quality assurance (QA)” means a set of operating principles that enable testing facilities to produce defensible data of known accuracy and precision. Quality assurance includes without limitation employee training, equipment preventative maintenance procedures, calibration procedures and quality control testing.

Quality control (QC): “Quality control (QC)” means the overall system of technical activities that measures the attributes and performance of a process, item or service against defined standards to verify that they meet the stated requirements established by the client; operational techniques and activities that are used to fulfill requirements for quality; also the system of activities and checks used to ensure that measurement systems are maintained within prescribed limits, providing protection against “out of control” conditions and ensuring that the results are of acceptable quality

to verify that they meet the stated requirements established by the client; operational techniques and activities that are used to fulfill requirements for quality; also the system of activities and checks used to ensure that measurement systems are maintained within prescribed limits, providing protection against “out of control” conditions and ensuring that the results are of acceptable quality.

Quality assurance manual: “Quality assurance manual” means a document stating the management policies, objectives, principles, organizational structure and authority, responsibilities, accountability and implementation of an agency, organization or a cannabis testing facility, to ensure the quality of its product and the utility of its product to its users.

Quality system: “Quality system” means a structured and documented management system describing the policies, objectives, principles, organizational authority, responsibilities, accountability and implementation plan of an organization for ensuring quality in its work processes, products (items) and services. The quality system provides the framework for planning, implementing and assessing work performed by the organization and for carrying out required QA and QC activities. A cannabis testing facility’s quality system must account for anomalies arising from the collection and transport of samples for mandatory testing conducted by a self-sampler or a sample collector licensee, including provisions regarding the use of blanks.

Registered caregiver: "Registered caregiver" means a caregiver who is registered by the department pursuant to 22 MRS §2425-A.

Registered dispensary: "Registered dispensary" or "dispensary" means an entity registered under 22 MRS §2425-A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses cannabis or related supplies and educational materials to qualifying patients and the caregivers of those patients

is registered by the department pursuant to 22 MRS §2425-A.

Requester: “Requester” means a person who submits a request to a licensed cannabis testing facility for State-mandated testing of cannabis or cannabis products.

Resident: “Resident” means a natural person who:

Has filed a resident individual income tax return in this State pursuant to Title 36, Part 8 in each of the 4 years prior to the year in which the person files an application for licensure under this rule; this requirement does not apply after May 31, 2021;

Is domiciled in this State; and

Maintains a permanent place of abode in this State and spends in the aggregate more than 183 days of the taxable year in this State.

Retail sale hours: “Retail sale hours” means the hours during which a cannabis store licensee is open to the public to conduct sales to consumers.

Sale: "Sale" or "sell" means a transfer of cannabis or cannabis products for consideration.

Sales delivery manifest: “Sales delivery manifest” means a record required by the Department for a licensed cannabis store to document the possession, transportation and delivery of sales orders of adult use cannabis and/or cannabis products to adult use consumers at a private residence.

Sales Order: “Sales Order” means adult use cannabis or adult use cannabis product, or a combination of adult use cannabis and/or cannabis products, requested by an adult use consumer, through a telephonic or internet-based platform, to be conveyed to the consumer via curbside pickup at a cannabis store or via delivery to a private residence by an employee of the cannabis store

a private residence.

Sample: “Sample” means, as applicable, an amount of:

Cannabis, cannabis concentrate or cannabis product collected from an adult use cannabis establishment for mandatory testing:

By an employee of a testing facility in accordance with 28-B MRS §604 and this rule;

By a sample collector, in accordance with 28-B MRS §604 and this rule; or

By a self-sampler in accordance with 28-B MRS §604-A and this rule;

Cannabis, cannabis concentrate or cannabis product provided to a testing facility by a cannabis establishment or other person for mandatory testing or testing for research and development purposes in accordance with 28-B MRS, chapter 1;

Adult use cannabis or adult use cannabis product collected from a licensee by the Department for the purposes of testing the cannabis or cannabis product for quality control purposes pursuant to 28-B MRS §512(2);

Adult use cannabis provided by a cultivation facility to another licensee for business or marketing purposes pursuant to 28-B MRS §501(8) (trade samples); or

Adult use cannabis or adult use cannabis product provided to another licensee by a products manufacturing facility for business or marketing purposes pursuant to 28-B MRS §502(6) (trade samples).

Sample collection SOP: “Sample collection SOP” means a standard operating procedure for the collection of samples of cannabis, cannabis concentrate and cannabis products for mandatory testing published by the Department that must be used by all licensees collecting, transporting and transferring samples for mandatory testing. The current sample collection SOP is Appendix A of this rule

e samples).

Sample collector: “Sample collector” means a person licensed pursuant to this rule and 28-B MRS, ch. 1 to collect samples of cannabis and cannabis products for testing and to transport and deliver those samples to a testing facility. A sample collector must hold a valid individual identification card (“IIC”).

Seedling: “Seedling” means a cannabis plant that is:

Not flowering;

Less than 24 inches in height; and

Less than 24 inches in width.

Self-sampler or Self-sampling licensee: “Self-sampler” or “self-sampling licensee” means a cultivation facility, products manufacturing facility or cannabis store licensee that collects samples of cannabis, cannabis concentrate and cannabis products for mandatory testing or an employee of a cultivation facility, products manufacturing facility or cannabis store licensee who collects samples of cannabis, cannabis concentrate and cannabis products for that licensee for mandatory testing. Any individual collecting samples for mandatory testing must hold a valid individual identification card (“IIC”).

Standard operating procedure (SOP): “Standard operating procedure (SOP)” means a written document that details the method for an operation, analysis or action, with thoroughly prescribed techniques and steps.

Tamper-evident: "Tamper-evident" means, with respect to a device or process, bearing a seal, a label or a marking that makes unauthorized access to or tampering with a package, product or container easily detectable.

Target organism: “Target organism” means an organism that is being tested for in an analytical procedure or test method

sis or action, with thoroughly prescribed techniques and steps.

Target organism: “Target organism” means an organism that is being tested for in an analytical procedure or test method.

Testing: "Testing" or "test" means the research and analysis of cannabis, cannabis products or other substances for contaminants, safety or potency. "Testing" or "test" includes the collection of samples of cannabis and cannabis products for testing purposes but does not include cultivation or manufacturing. Nothing in this definition shall be construed to permit any licensee except a cannabis testing facility to perform analyses of cannabis, cannabis concentrate or cannabis products for mandatory testing without a separate cannabis testing facility license issued by the Department.

Testing facility: "Testing facility" means a facility licensed under this rule to develop, research and test cannabis, cannabis products and other substances.

Testing facility director: “Testing facility director” means the cannabis testing facility director who is legally authorized to direct the activities of a cannabis testing facility and who commits the appropriate resources to comply with this rule.

THC: "THC" means tetrahydrocannabinol.

Tincture: “Tincture” means a liquid edible cannabis product with a concentration of greater than 1 mg of THC per ounce of liquid.

Topical cannabis product: “Topical cannabis product” means non-edible cannabis or cannabis products that are intended to be applied topically and absorbed transdermal, including without limitation salves, creams, lotions, transdermal patches or balms.

Total CBD: “Total CBD” means the sum of CBD and CBDA. Total CBD is calculated by a cannabis testing facility using the following equation: Total CBD = CBD + (CBDA*0.877)

uct: “Topical cannabis product” means non-edible cannabis or cannabis products that are intended to be applied topically and absorbed transdermal, including without limitation salves, creams, lotions, transdermal patches or balms.

Total CBD: “Total CBD” means the sum of CBD and CBDA. Total CBD is calculated by a cannabis testing facility using the following equation: Total CBD = CBD + (CBDA*0.877).

Total THC: “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).

Transport manifest: “Transport manifest” means a record, either paper or electronic, required by the Department for a licensed facility to document the possession of the cannabis or cannabis product on the premises, tracking all inventory, acquisition, and sales as well as the transfer of any cannabis or cannabis product to another facility, including for the purposes of testing or provision of trade samples to another licensee.

Universal symbol: "Universal symbol" means an image developed by the department, and made available to licensees, that indicates that a container, package or product contains cannabis or contains or is a cannabis product.

Unorganized and deorganized areas: "Unorganized and deorganized areas" has the same meaning as in 12 MRS §682(1).

Unusable: “Unusable” means that the cannabis can no longer be smoked, eaten, ingested, topically applied or otherwise ingested. Nor can the cannabis be further manipulated in a manner to extract more than a trace amount of cannabinoid.

Visibly intoxicated: "Visibly intoxicated" means in a state of intoxication accompanied by a perceptible act, a series of acts or the appearance of an individual that clearly demonstrates the state of intoxication.

Water activity: “Water activity” means a measure of the quantity of water in a product that is available, and therefore capable of, supporting bacteria, yeasts and fungi. Water activity is reported in the unit Aw

ly intoxicated" means in a state of intoxication accompanied by a perceptible act, a series of acts or the appearance of an individual that clearly demonstrates the state of intoxication.

Wholesale container: “Wholesale container” means a sealed package in which adult use cannabis, cannabis concentrate and cannabis products are conveyed during an authorized transfer.

Section 2 – Licenses and Licensing

2.1 - License Types

The general types of licenses for adult use cannabis establishments are cultivation facility, testing facility, products manufacturing facility, cannabis store and sample collector. A license to conduct authorized activities pursuant to 28-B MRS, ch. 1 and this rule does not exempt a licensee from any required inspection, licensure or certification by any federal, state or local jurisdiction in order to conduct such authorized activities; including licenses and certifications required for, without limitation: the production of food and/or bottled beverages; electrical permitting; waste management and environmental protection; workplace safety and employment; and/or pesticide application.

2.2 - Types of Cannabis Establishment Licenses

2.2.1 Cultivation Facility License.

The Department may issue the following types of cultivation facility licenses:

Tier 1 cultivation facility license. The two subcategories of tier 1 cultivation facility license are plant-count-based tier 1 cultivation facility license and plant-canopy-based tier 1 cultivation facility license:

Plant-count-based tier 1 cultivation facility license. Allows cultivation of a specified number (not more than 30) of mature cannabis plants and an unlimited number of immature cannabis plants and seedlings;

Plant-canopy-based tier 1 cultivation facility license

on facility license are plant-count-based tier 1 cultivation facility license and plant-canopy-based tier 1 cultivation facility license:

Plant-canopy-based tier 1 cultivation facility license. Allows cultivation of not more than 500 square feet of plant canopy of mature plants.

Tier 2 cultivation facility license. Allows cultivation by a licensee of not more than 2,000 square feet of plant canopy of mature plants;

Tier 3 cultivation facility license. Allows cultivation by a licensee of not more than 7,000 square feet of plant canopy of mature plants;

Tier 4 cultivation facility license. Allows cultivation by a licensee of not more than 20,000 square feet of plant canopy of mature plants, except as approved by the Department pursuant to 28-B MRS §304; or

Nursery cultivation facility license. Allows cultivation by a licensee of not more than 1,000 square feet of plant canopy, subject to the requirements and restrictions of 28-B MRS §501(3).

A tier 1, tier 2, tier 3 or tier 4 cultivation facility license permits the following activities, subject to all requirements of Maine Title 28-B and this rule:

Planting and raising cannabis plants, subject to the limits associated with each tier of license described above;

Selling or otherwise transferring cannabis plants to another cultivation facility;

Harvesting and trimming cannabis plants;

Combining harvest batches of cannabis trim or kief into production batches;

Storing harvested cannabis flower, including kief, and cannabis trim;

Packaging cannabis flower, including kief, and cannabis trim into individual retail units for wholesale to a cannabis store;

Collecting samples of cannabis for mandatory testing and delivering those samples to a testing facility; and

Selling and transporting cannabis flower, including kief, and cannabis trim to testing facilities, products

vested cannabis flower, including kief, and cannabis trim;

Packaging cannabis flower, including kief, and cannabis trim into individual retail units for wholesale to a cannabis store;

Collecting samples of cannabis for mandatory testing and delivering those samples to a testing facility; and

Selling and transporting cannabis flower, including kief, and cannabis trim to testing facilities, products manufacturing facilities or cannabis stores.

A nursery cultivation facility license permits the following activities, subject to all requirements of 28-B MRS and this rule:

Cultivating immature cannabis plants, subject to the limits described above;

Cultivating mature cannabis plants, subject to the plant canopy square footage limits in Section 2.2.1 (A)(5) of this rule, and mother plants, solely for the purpose of propagating seedlings or immature cannabis plants or collecting seeds, in an area clearly delineated from areas used for planting and raising immature cannabis plants and seedlings;

Collection of cannabis seeds for sale;

Preparation of cannabis seedlings and immature plants for sale;

Selling cannabis seeds, seedlings and immature plants to cultivation facilities and cannabis stores;

Selling unlimited cannabis seeds, and a sum total of 12 seedlings and immature plants to a consumer 21 years of age or older, provided the licensee has designated an area of premises for retail sales in compliance with Section 3.2.2 of this rule;

Collecting samples of cannabis for mandatory or research and development testing and delivering those samples to a testing facility; and

Selling agricultural or gardening supplies relating to the cultivation of cannabis to a consumer 21 years of age or older.

2.2.2 Cannabis Testing Facility License.

A cannabis testing facility may purchase or otherwise obtain cannabis or cannabis products for the purposes of training staff, developing and validating protocols, and other purposes that directly support the operation of a cannabis testing facility

ultural or gardening supplies relating to the cultivation of cannabis to a consumer 21 years of age or older.

2.2.2 Cannabis Testing Facility License.

A cannabis testing facility license permits the following activities on behalf of cultivation facilities, products manufacturing facilities, and cannabis stores subject to all requirements of 28-B MRS and this rule:

Collecting and transporting, for the purpose of mandatory testing pursuant to 28-B MRS §602, samples of cannabis and/or cannabis products cultivated, manufactured or sold by a licensed cannabis establishment;

Receiving, for the purpose of mandatory or other testing, samples of cannabis and cannabis products from sample collectors and self-samplers;

Performing laboratory analysis of samples of cannabis and cannabis products following protocols approved by the Department and in accordance with Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch. 5;

Providing reports on cannabinoid identity and content profiles and biological and chemical contaminants to cultivation facilities, products manufacturing facilities, and cannabis stores;

Reporting testing results according to Section 7 of this rule; and

Destroying and disposing of samples, subject to all requirements of 28-B MRS and this rule

tion of Cannabis Testing Facilities, 18-691 CMR, ch. 5;

Providing reports on cannabinoid identity and content profiles and biological and chemical contaminants to cultivation facilities, products manufacturing facilities, and cannabis stores;

Reporting testing results according to Section 7 of this rule; and

Destroying and disposing of samples, subject to all requirements of 28-B MRS and this rule.

A cannabis testing facility license permits the licensee, upon notification in writing to the Department, to:

Accept, from a person 21 years of age or older, cannabis or cannabis products grown or possessed lawfully under 28-B MRS, chapter 3;

Perform laboratory analysis of samples of cannabis or cannabis products following protocols approved by the Department; and

Issue, solely for the use of the person 21 years of age or older, a report on cannabinoid identity and content profiles and biological and chemical contaminants of the sample.

A cannabis testing facility license permits, upon notification in writing to the Department, the following activities on behalf of qualifying patients, caregivers, registered caregivers or registered dispensaries, subject to all requirements of 28-B MRS, 22 MRS, chapter 558-C and this rule:

Collecting and transporting, for testing purposes, samples of cannabis or cannabis products from a qualifying patient, a caregiver, a registered caregiver or a registered dispensary;

Performing laboratory analysis of samples of cannabis and cannabis products following protocols approved by the Department;

Providing reports to qualifying patients, caregivers, registered caregivers or dispensaries; and

Destroying and disposing of samples, subject to all requirements of 28-B MRS and this rule

om a qualifying patient, a caregiver, a registered caregiver or a registered dispensary;

Performing laboratory analysis of samples of cannabis and cannabis products following protocols approved by the Department;

Providing reports to qualifying patients, caregivers, registered caregivers or dispensaries; and

Destroying and disposing of samples, subject to all requirements of 28-B MRS and this rule.

A products manufacturing facility license permits the following activities, subject to all requirements of 28-B MRS and this rule:

Purchasing adult use cannabis from licensed cultivation facilities;

Purchasing adult use cannabis concentrate from other licensed products manufacturing facilities;

Extracting cannabinoids from cannabis;

Preparing, weighing, packaging, labeling and storing cannabis and cannabis products;

Collecting samples of cannabis or cannabis products for mandatory or research and development testing and delivering those samples to a testing facility; and

Selling or authorized transport of cannabis or cannabis products to licensed products manufacturing facilities and/or cannabis stores.

A products manufacturing facility may assemble packaging and labeling for use on their products if packaging and labeling is consistent with the requirements of governing statute and standards contained in this rule.

A products manufacturing facility shall comply with all generally applicable kitchen-related health and safety standards of the relevant local jurisdiction and of the State of Maine Food Code, Department of Health and Human Services (Chapter 200) and Agriculture, Conservation and Forestry (Chapter 331).

Preparation of all edible cannabis products, unless otherwise specified, shall comply with all provisions of the State of Maine Food Code, including rules relating to potentially hazardous foods, food preparation areas and all other safety related provisions, unless otherwise specified

, Department of Health and Human Services (Chapter 200) and Agriculture, Conservation and Forestry (Chapter 331).

Pursuant to 22 MRS §2158-B, the addition of adult use cannabis to food is not considered adulteration under the State of Maine Food Code.

Adult use cannabis products shall comply with all other provisions of this rule, including the use of solvents and inherently hazardous substances.

A cannabis store license permits the following activities, subject to all requirements of 28-B MRS and this rule:

Purchase, for retail sale to consumers, adult use cannabis, pre-packaged retail units of cannabis flower and cannabis trim, immature cannabis plants and seedlings from a licensed cultivation facility;

Purchase, for retail sale to consumers, pre-packaged adult use cannabis and adult use cannabis products from a products manufacturing facility;

Store adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings;

Collect, subject to the requirements and restrictions of 28-B MRS §604-A, samples of cannabis or cannabis products for mandatory testing;

Conduct authorized transfers of adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings to another licensed cannabis store or licensed testing facility, and in the case of returned adult use cannabis and adult use cannabis products, to a licensed cultivation facility or products manufacturing facility;

Collecting samples of cannabis or cannabis products for mandatory testing and delivering those samples to a testing facility;

Sell adult use cannabis, adult use cannabis products, immature cannabis plants, seedlings and seeds to consumers at a cannabis retail store and at a curbside pickup location indicated on the licensee’s faci

a licensed cultivation facility or products manufacturing facility;

Collecting samples of cannabis or cannabis products for mandatory testing and delivering those samples to a testing facility;

Sell adult use cannabis, adult use cannabis products, immature cannabis plants, seedlings and seeds to consumers by delivery;

Accept returns of adult use cannabis and cannabis products from consumers and promptly destroy such returned items, or return such items, or other items requiring destruction, to a cultivation facility or products manufacturing facility for destruction by that licensee; and

Sell consumable products not containing cannabis, including, but not limited to: soft drinks, candies and baked goods.

In addition to any other prohibitions and restrictions of 28-B MRS, this rule, and any other applicable laws or rules, cannabis store licensee may not:

Give away adult use cannabis, adult use cannabis products, seedlings or immature cannabis plants;

Sell or give away mature cannabis plants or consumable products containing tobacco or alcohol that do not contain cannabis.

Except for nonedible adult use cannabis products that do not contain THC, sell to any person in any individual sales transaction an amount of adult use cannabis, adult use cannabis products or immature cannabis plants or seedlings that exceeds the person adult use limitations of 28-B MRS §1501(1);

Sell adult use cannabis, adult use cannabis products, immature cannabis plants or cannabis seedlings using:

An automated dispensing or vending machine;

A drive-through sales window;

An Internet-based sales platform; or

A third-party delivery service; or

Sell adult use cannabis or adult use cannabis products to a person who is visibly intoxicated

e person adult use limitations of 28-B MRS §1501(1);

Sell adult use cannabis, adult use cannabis products, immature cannabis plants or cannabis seedlings using:

An automated dispensing or vending machine;

A drive-through sales window;

An Internet-based sales platform; or

A third-party delivery service; or

Sell adult use cannabis or adult use cannabis products to a person who is visibly intoxicated.

A sample collector license permits the following activities, subject to all requirements of 28-B MRS and this rule:

Collecting samples of cannabis and cannabis products from a cannabis establishment for the purposes of mandatory or other testing by a testing facility in compliance with:

Applicable sample collection, transport and receipt recordkeeping requirements;

The Department-required sampling standard operating procedures;

The Department-required Best Practices Guide; and

The requirements and restrictions of 28-B MRS §604-A.

Transporting and delivering those samples to a testing facility.

A sample collector shall deliver to a cannabis testing facility all samples on the day those sample are collected and may not store any collected samples at the sample collector’s home or place of business. Samples may not be held or stored overnight in the sample collector’s vehicle except in the event of unforeseen exigent circumstances in accordance with Section 4.2.5 of this rule.

2.3 - Qualifications

this rule.

2.3 - Qualifications

2.3.1 General Licensing Criteria. An applicant for a license to operate a cannabis establishment must meet each of the following requirements, if applicable. Except as otherwise provided in this Section, if the applicant is a business entity, every officer, director, manager or general partner of the business entity must meet each of the requirements of this Section. An applicant shall disclose in or include with its application the names and addresses of the applicant and all natural persons and business entities having a direct or indirect financial interest in the applied-for license and the nature and extent of the financial interest held by each person or entity and, if applicable, the nature and extent of any financial interest the person or entity has in any other license applied for or issued under this rule.

Age. The applicant must be at least 21 years of age. If the applicant is a business entity, every officer, director, manager or general partner of the business entity must be at least 21 years of age.

Resident.

If the applicant is a natural person, the applicant must certify that he or she is a resident of the State of Maine as defined by this rule.

If the applicant is a business entity:

Every officer, director, manager and general partner of the business entity must be a natural person who is a resident of the State of Maine. The applicant shall demonstrate to the Department that every officer, director, manager and general partner of the business entity is a natural person who is a resident of the State of Maine; and

siness entity is a natural person who is a resident of the State of Maine; and

A majority of the shares, membership interests, partnership interests or other equity ownership interests as applicable to the business entity must be held or owned by natural persons who are residents of the State of Maine or business entities whose owners are all natural persons who are residents of the State of Maine. The applicant shall demonstrate to the Department that a majority of the shares, membership interests, partnership interests and other equity ownership interests are held or owned by residents of the State of Maine.

This subsection does not apply to an applicant for a testing facility license.

Incorporated in State. If the applicant is a business entity, the business entity must be incorporated in the State of Maine or otherwise formed or organized under the laws of the State.

Prohibited persons.

Not employee of state agency. The applicant may not be employed by the Department or any other state agency with regulatory authority under this rule. The applicant must disclose any current state employment.

Not law enforcement officer or corrections officer. The applicant may not be a law enforcement officer; a corrections officer as defined in 25 MRS §2801-A(2); or any other natural person subject to the certification requirements of 25 MRS, chapter 341.

Good conduct and character.

No disqualifying drug offense.

Applicants are required to disclose all state and federal criminal convictions, as well as any pending prosecutions, for offenses punishable by imprisonment for one year or more and involving the possession, distribution, manufacturing, cultivation or use of a controlled substance.

The Department may require supplemental information regarding any such convictions disclosed by the applicant or identified by a criminal background check

ll state and federal criminal convictions, as well as any pending prosecutions, for offenses punishable by imprisonment for one year or more and involving the possession, distribution, manufacturing, cultivation or use of a controlled substance.

The Department may require supplemental information regarding any such convictions disclosed by the applicant or identified by a criminal background check.

The Department may not grant a license to anyone convicted of such offenses, except that the Department may grant a license to an applicant if:

The applicant completed his or her sentence, including any term of probation, incarceration or supervised release, 10 or more years prior to the submission of the application; or

The conviction was based on conduct that is now authorized by 28-B MRS, chapter 3.

Department consideration of other offenses.

Applicants are required to disclose all state and federal criminal convictions for any offense involving dishonesty, deception, misappropriation or fraud, as well as any pending prosecutions for such offenses.

The Department may require supplemental information regarding any such convictions disclosed by the applicant or identified by a criminal background check.

The Department shall consider the following in determining whether to grant a license to an applicant convicted of offenses which involved dishonesty, deception, misappropriation or fraud:

The recency of the offense(s);

The number and frequency of offenses;

Evidence of rehabilitation, including employment and educational attainment; and

Character references submitted by the applicant.

The Department may grant a license to anyone convicted of offenses involving dishonesty, deception, misappropriation or fraud so long as the applicant demonstrates that the applicant is sufficiently rehabilitated to warrant the public trust.

No license revocation

enses;

Evidence of rehabilitation, including employment and educational attainment; and

Character references submitted by the applicant.

No license revocation. The applicant, or if the applicant is a business entity, any officer, director, manager or general partner of that entity, may not have had previously had revoked a license issued under this rule.

No medical registry identification card or registration certificate revocation. The applicant or any officer, director, manager and general partner if the applicant is a business entity, may not have had revoked a registry identification card or registration certificate previously issued pursuant to the Maine Medical Use of Cannabis Act.

Departmental consideration of enforcement actions in other jurisdictions

Applicants are required to disclose any violations or penalties imposed in another jurisdiction regarding the regulated cultivation, manufacture, testing or sale of cannabis or cannabis products.

The Department may for good cause deny a license to an applicant if the applicant or any officer, director, manager or general partner if the applicant is a business entity, has had revoked a license, permit, certificate or other government-issued authorization issued in another jurisdiction allowing the cultivation, manufacture, testing or sale of cannabis or cannabis products or has faced significant penalties under such authorization.

r cannabis products or has faced significant penalties under such authorization.

No outstanding court-ordered payments. A license may not be issued to an applicant if that applicant, or any business entity in which that applicant is an officer, director, manager or general partner, has any outstanding payments due on court-ordered fines, court-appointed attorney's fees or court-ordered restitution. Except that the Department may issue a license to an applicant if it is satisfied that the applicant has entered into, and is in compliance with, any agreement or payment plan for the remittance of any fines, fees, or restitution owed.

Departmental consideration of past due taxes, interest, penalties or fees in Maine.

Applicants are required to submit a detailed list of any pending past due taxes, interest, penalties or fees owed in Maine.

The Department may for good cause deny a license to an applicant if the applicant, or if the applicant is a business entity, any officer, director, manager or general partner of that business entity, is currently delinquent in any payment of income tax, sales tax, excise tax or any other tax, interest, penalty or fee to the state or any municipality within the state. The Department will consider:

The amount of the delinquency;

Whether deceit was involved;

Whether the applicant, or if the applicant is a business entity, any officer, director, manager, or general partner of that business entity to whom this paragraph applies, has entered into, and is in compliance with, any agreement or payment plan with the relevant tax authority overseeing the tax liability for which the applicant is otherwise delinquent; and

Other mitigating circumstances.

Departmental consideration of past tax delinquency.

Applicants, and if the applicant is a business entity, every officer, director, manager and general partner of the business entity, are required to provide detailed tax history, covering Maine and all other jurisdictions in which taxes were owed, for the 5 years preceding the application

s otherwise delinquent; and

Other mitigating circumstances.

Departmental consideration of past tax delinquency.

The Department shall consider an applicant’s history, and if the applicant is a business entity, every officer’s, director’s, manager’s and general partner’s history of paying taxes to Maine and other jurisdictions in the previous 2 years, as well as any tax liens imposed in any jurisdiction in the previous 5 years, and may for good cause deny a license to an applicant with a recent history of tax delinquency.

Criminal history record check. The applicant must have submitted to a criminal history record check in accordance with the requirements of 28-B MRS and this rule.

Compliance with application process; no false statement of material fact. The applicant must have completed all application forms required by the Department fully and truthfully and complied with all information requests of the department relating to the license application. A license may not be issued to an applicant that has knowingly or recklessly made any false statement of material fact to the Department in applying for a license under this rule. The Department shall revoke the license of a licensee pursuant to 28-B MRS, chapter 1, subchapter 8 if, subsequent to the issuance of the license, the Department determines that the licensee knowingly or recklessly made a false statement of material fact to the Department in applying for the license.

2.3.2 Required Forms and Supplemental Information for All Licenses

for a license under this rule. The Department shall revoke the license of a licensee pursuant to 28-B MRS, chapter 1, subchapter 8 if, subsequent to the issuance of the license, the Department determines that the licensee knowingly or recklessly made a false statement of material fact to the Department in applying for the license.

2.3.2 Required Forms and Supplemental Information for All Licenses. All applicants for a cannabis establishment license shall include on forms supplied by the Department as well as attachments thereto, all information requested by the Department, including without limitation information described in this Section. The Department may collect this information as part of the application for conditional cultivation facility, testing facility, products manufacturing facility and cannabis store and active sample collector licenses.

An applicant for a conditional license for a cultivation facility, testing facility, products manufacturing facility or cannabis store license or an applicant for an active sample collector license shall provide, on forms made available by the Department:

The name of the applicant;

An email account that is actively monitored;

Date of application;

The type of cannabis establishment license being applied for;

Whether or not the licensee proposes to co-locate adult use and medical cannabis operations as permitted by this rule and in accordance with rules governing the Maine Medical Use of Cannabis Program on the licensed premises;

If a business entity, identification of every officer, director, manager or general partner of the business entity;

Identification of all natural persons and business entities having a direct or indirect financial interest in the applied-for license and the nature and extent of the financial interest held by each person or entity and, if applicable, the nature and extent of any financial interest the person or entity has in any other license applied for or issued under this rule;

Identification of any other cannabis establishments, including

ersons and business entities having a direct or indirect financial interest in the applied-for license and the nature and extent of the financial interest held by each person or entity and, if applicable, the nature and extent of any financial interest the person or entity has in any other license applied for or issued under this rule;

Identification of any other cannabis establishments, including those outside of Maine, in which the applicant, or if the applicant is a business entity, any officer, director, manager or general partner of the business entity, holds an ownership interest;

Attestations that the applicant, or if the applicant is a business entity, every officer, director, manager and general partner of the business entity:

Has read the licensing requirements;

Is age 21 years or older and meets residency requirements; and

Has disclosed any disqualifying drug convictions; convictions for any state or federal offense involving dishonesty, deception, misappropriation or fraud; and/or pending prosecutions for such offenses; and

A notarized signature page, attesting under penalty of perjury to the accuracy of the information provided in the application.

At a minimum, all applicants shall provide, at the time of application, the following information:

Proof of lawful presence or citizenship and Maine residence, and as required by the current forms prescribed by the Department.

A list of natural persons and business entities having a direct or indirect financial interest in the applied-for license and a description of the nature and extent of the financial interest held by each person or entity; except that with respect to banks, credit unions, or other state- or federally-chartered financial institutions, in order to the satisfy the requirements of this subsection, the applicant shall disclose:

The name of the institution;

The address of the institution; and

The terms of any financial instrument held by the bank, credit union, or other state- or federally-chartered financial institution

except that with respect to banks, credit unions, or other state- or federally-chartered financial institutions, in order to the satisfy the requirements of this subsection, the applicant shall disclose:

The name of the institution;

The address of the institution; and

The terms of any financial instrument held by the bank, credit union, or other state- or federally-chartered financial institution.

If the applicant for any license is a business entity it shall submit all Department-required forms, attachments and supplemental information for every officer, director, manager and general partner, along with the following additional information and supporting material:

If the business entity is a corporation, a copy of its articles of incorporation within Maine; corporate bylaws; most recent stock ledger and proof of Maine residency for every officer, director, manager and general partner.

If the business entity is a limited liability company, a copy of its certificate of formation within Maine and its operating agreement; and proof of Maine residency for every officer, director, manager and general partner.

If the business entity is a general partnership, limited partnership, limited liability partnership or limited liability limited partnership, a copy of the partnership agreement; and proof of Maine residency for every officer, director, manager and general partner.

The residency requirements of this subsection do not apply to an applicant for a testing facility license.

The Department shall require evidence of compliance with all tax obligations

limited partnership, limited liability partnership or limited liability limited partnership, a copy of the partnership agreement; and proof of Maine residency for every officer, director, manager and general partner.

The residency requirements of this subsection do not apply to an applicant for a testing facility license.

The Department shall require evidence of compliance with all tax obligations.

The Department shall require each applicant, or if the applicant is a business entity, every officer, director, manager or general partner of that business entity, to disclose the following information to Maine Revenue Services, on forms provided by the Department:

The applicant’s, or if the applicant is a business entity, every officer, director, manager or general partner, Social Security Number for the Maine Revenue Service to provide an assessment of whether the person owes back taxes, interest, fees or penalties.

A list of sales tax identification numbers and employer identification numbers for all entities licensed in the state in which the applicant, or if the applicant is a business entity, every officer, director, manager or general partner, has a management role or ownership interest of 10 percent or more for the Maine Revenue Service to provide an assessment of whether any of those entities owe back taxes, interest, fees or penalties.

The Department shall require the disclosure of the following information to Maine Revenue Services for the purpose for providing evidence of compliance with all tax obligations:

For each applicant that is a business entity, the business entity’s employer identification number and any associated sales tax ID number for the Maine Revenue Service to provide an assessment of whether the business entity applying for a license to operate a cannabis establishment owes back taxes, interest, fees or penalties

e purpose for providing evidence of compliance with all tax obligations:

It is the exclusive responsibility of the applicant to clearly indicate on any forms, attachments, and supplemental information supplied to the Department any content the applicant deems to be trade secrets or other information that would be within the scope of a privilege against discovery or use as evidence recognized by the courts of this State in civil or criminal trials if the records or inspection thereof were sought in the course of a court proceeding, which may otherwise be included as a “public record” pursuant to 1 MRS §402(3) in a response to a request for records and information under the Maine Freedom of Access Act.

For applicants that are business entities, the Department shall require fingerprinting and criminal history record checks for every officer, director, manager or general partner.

The applicant is responsible for all costs associated with fingerprinting and criminal history record checks. The fee for the fingerprinting and criminal history record checks shall be set by the State Police and/or State Bureau of Identification, in accordance with its usual operations.

r the fingerprinting and criminal history record checks shall be set by the State Police and/or State Bureau of Identification, in accordance with its usual operations.

The Department shall issue a fingerprinting and criminal history record check form or use forms specified by the Department of Public Safety, Bureau of State Police, State Bureau of Identification or Federal Bureau of investigation. Such forms shall obtain the applicant’s consent and information needed to complete the check, including but not limited to:

First, middle and last name;

Any aliases and/or previous names;

Date of birth;

Place of birth;

Identifying information such as gender, height, weight and eye color;

Disclosure of previous convictions;

Driver license information; and

Address and recent residency information.

The Department may request that an applicant disclose his or her Social Security Number if notice is provided that:

Indicates the disclosure of the Social Security Number is voluntary; and

That the Department requests the Social Security Number for the purpose of positively identifying the applicant during the criminal records check process.

All applicants required to submit to a criminal history record check under this Section shall submit to having the individual's fingerprints taken. The State Police, upon payment by the individual of the required fee, shall take or cause to be taken the individual's fingerprints and shall forward the fingerprints to the Department of Public Safety, Bureau of State Police, State Bureau of Identification

pplicants required to submit to a criminal history record check under this Section shall submit to having the individual's fingerprints taken. The State Police, upon payment by the individual of the required fee, shall take or cause to be taken the individual's fingerprints and shall forward the fingerprints to the Department of Public Safety, Bureau of State Police, State Bureau of Identification.

The State Bureau of Identification shall conduct the state and national criminal history record checks, which shall include information from:

The Maine Criminal Justice Information System, regarding records of offenses within the state; and

The Federal Bureau of Investigation, regarding offenses in other jurisdictions

Except for the portion of a payment, if any, that constitutes the processing fee for a criminal history record check charged by the Federal Bureau of Investigation, all money received by the State Police under this Section must be paid to the Treasurer of State, who shall apply the money to the expenses incurred by the Department of Public Safety in the administration of this Section.

All criminal history record information obtained by the Department pursuant to this Section is confidential, is for the official use of the Department only and may not be disseminated outside of the Department or disclosed to any other person or entity.

The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations (henceforth referred to C.F.R; the Code of Federal Regulations is available free online at multiple websites, including federal government websites, by searching the citation. All references are to the 2018 version) Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to 16 MRS §709.

2.4 - Application for Conditional License

2.4.1 Conditional License

Regulations is available free online at multiple websites, including federal government websites, by searching the citation. All references are to the 2018 version) Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to 16 MRS §709.

2.4 - Application for Conditional License

2.4.1 Conditional License. The Department may issue a conditional license to applicants for any type of cannabis establishment license, except for a sample collector license. Because an applicant for a sample collector license is not required to obtain local authorization, the Department will not issue a conditional sample collector license. Instead, the initial application is for an active license.

Pursuant to 2.3 of this rule, the application for a conditional license must meet all requirements applicable to all license types and include all information applicable to all license types.

The conditional license is valid for one year and is non-renewable.

The conditional license may be used to demonstrate that the applicant has met the Department’s conditional licensing requirements under 28-B MRS §205(3), for the purpose of seeking local authorization.

The conditional license does not grant any authority for cultivation, manufacturing, testing or sale of cannabis or cannabis products.

Each applicant for a conditional cultivation facility license shall designate in the preliminary operating plan, included in its application, the tier (or designation as a nursery cultivation facility) for the proposed cultivation facility.

Each applicant for a conditional tier 1 cultivation facility license must designate in its application whether the license sought is plant-count based or total plant canopy area based pursuant to 28-B MRS §301

ity license shall designate in the preliminary operating plan, included in its application, the tier (or designation as a nursery cultivation facility) for the proposed cultivation facility.

Each applicant for a conditional nursery cultivation facility license must designate in its preliminary operating plan whether it intends to sell cannabis seeds, seedlings or immature plants to adults, 21 years of age or older, who are not licensees.

An applicant for a conditional cultivation facility license that intends to co-locate its licensed premises shall notify the Department of its intention to co-locate in its application.

2.4.3 Additional Requirements for Issuance of a Conditional Testing Facility License. Each applicant for a cannabis testing facility license shall include, on forms supplied by the Department, and attachments thereto, all information required by the Department, including without limitation, the following information:

A statement identifying whether the cannabis testing facility and/or other operational assets will be owned or leased by a person or entity other than the applicant.

A statement as to whether the cannabis testing facility intends to offer, in addition to mandatory testing, testing services to persons 21 years of age or older under 28-B MRS §503(1)(C) and/or qualifying patients, caregivers, registered caregivers or registered dispensaries under 28-B MRS §503(1)(D)

r other operational assets will be owned or leased by a person or entity other than the applicant.

An applicant for a cannabis testing facility must submit the following additional documentation to obtain a conditional license:

A written policy that, as indicated by signature, ensures management and personnel are free from any undue internal and external commercial, financial and other pressures, and influences that may adversely affect the quality of their work or diminish confidence in its competence, impartiality, judgement or operational integrity, as well as a signed disclosure by the owner(s) stating that there is no financial conflict with, interest in, investment in, landlord-tenant relationship with or loan to a cultivation facility, products manufacturing facility, cannabis store, registered caregiver or registered dispensary;

A description of the organization and management structure of the cannabis testing facility, its place in any parent organization and the relationships between quality assurance, technical operations and support services;

A management plan defining the responsibilities of key personnel in the organization who have any involvement or influence on the testing, and if the cannabis testing facility is part of an organization performing activities other than testing, identifying potential conflicts of interest;

Written policies and procedures that ensure the protection of its clients’ confidential information and proprietary rights, including procedures for protecting the electronic storage and transmission of results;

A written policy defining legal chain of custody protocols and including procedures to control access to certificate of analysis data and other testing data to prevent it f

ts of interest;

A written policy defining legal chain of custody protocols and including procedures to control access to certificate of analysis data and other testing data to prevent it from being falsified or manipulated; and

Written procedures for the receipt of samples, including samples collected by:

Sample collectors pursuant to 28-B MRS §503;

Other cannabis establishments for mandatory testing pursuant to 28-B MRS §604-A or for voluntary testing;

Qualifying patients, caregivers, registered caregivers or registered dispensaries pursuant to 22 MRS, chapter 558-C; and

Other persons 21 years of age or older.

2.4.4 Additional Requirements for Issuance of a Conditional Products Manufacturing Facility License. Each applicant for a conditional products manufacturing facility license shall submit the following information in the preliminary operating plan, included in its application:

A description of the manufacturing activities that will occur on the premises; and

An applicant for a conditional products manufacturing facility license that intends to co-locate its licensed premises shall notify the Department of its intention to co-locate on its application.

uld be within the scope of a privilege against discovery or use as evidence recognized by the courts of this State in civil or criminal trials if the records or inspection thereof were sought in the course of a court proceeding, which may otherwise be included as a “public record” pursuant to 1 MRS §402(3) in a response to a request for records and information under the Maine Freedom of Access Act.

2.4.5 Additional Requirements for Issuance of a Conditional Cannabis Store License. Each applicant for a conditional cannabis store license shall submit the following information in the preliminary operating plan, included in its application:

A cannabis store preliminary operating plan must at a minimum include affirmation that the licensee will conduct retail sales, including sales via curbside pickup and/or delivery, to consumers only between the hours of 7 A.M. and 10 P.M. local time or only those days and hours during which retail sales are permitted by local regulation; and

If the preliminary operating plan for a nursery cultivation facility includes sales to consumers, the operating plan shall meet all requirements that are applicable to cannabis stores in addition to all requirements that are applicable to nursery cultivation facilities.

2.4.6 Administrative abandonment of conditional license applications that are inactive for at least 365 days. The Department may deem an application for a conditional license abandoned if the applicant has not taken any action to complete the application for a conditional license for one year. The Department may deem an application for a conditional license abandoned if the following conditions are met:

The applicant has not taken any action to provide required information to complete its conditional license application for one year; and

The Department attempted to contact the applicant in writing at least 30 days prior to expiration of the one year abandonment period to notify the applicant of the pending abandonment

cation for a conditional license abandoned if the following conditions are met:

The applicant has not taken any action to provide required information to complete its conditional license application for one year; and

The Department attempted to contact the applicant in writing at least 30 days prior to expiration of the one year abandonment period to notify the applicant of the pending abandonment.

Once a conditional license application has been deemed abandoned by the Department, an applicant for a conditional license shall begin a new application for a conditional cannabis establishment license.

2.5 - Application for Active Sample Collector License

2.5.1 Forms. An applicant shall prepare an application on forms made available by the Department along with the appropriate application fee as determined by the Department pursuant to 28-B MRS §207 and this rule. In order for an application for an active sample collector license to be considered complete, the following must be true:

An applicant for a sample collector license must meet all of the requirements in 2.3, 2.4 and 2.6 of this rule, if applicable.

An applicant for a sample collector license shall include on forms supplied by the Department, as well as attachments thereto, all information requested by the Department, including without limitation information described in the sections referenced in subsection A above and:

An operating plan including an indication of whether the licensee does not intend to conduct authorized activities during any business hours

a sample collector license shall include on forms supplied by the Department, as well as attachments thereto, all information requested by the Department, including without limitation information described in the sections referenced in subsection A above and:

An operating plan including an indication of whether the licensee does not intend to conduct authorized activities during any business hours. The applicant shall indicate any business days or hours, as defined in section 1.4 of this rule, it does not intend to conduct authorized activities;

Designation of a place of business or home office where records and equipment are appropriately and securely stored, including a description of where the Department can inspect all required records upon request;

A statement asserting whether the sample collector’s operational assets will be owned or leased by a person or entity other than the applicant;

A written policy that, as indicated by signature, ensures management and personnel are free from any undue internal and external commercial, financial and other pressures, and influences that may adversely affect the quality of the sample collector’s work, diminish confidence in the sample collector’s competence, impartiality, judgment or operational integrity, as well as a signed disclosure by the owner(s) stating that there is no financial conflict with, interest in, investment in, landlord-tenant relationship with or loan to a cultivation facility, products manufacturing facility, cannabis store, registered caregiver or registered dispensary;

A description of the organization and management structure of the sample collector, and its place in any parent organization;

Written policies and procedures that ensure that protection of the sample collector’s clients’ confidential information and proprietary rights; and

Proof that the applicant has an inventory tracking system account activated and functional.

All applications must be complete and accurate in every material detail

management structure of the sample collector, and its place in any parent organization;

Written policies and procedures that ensure that protection of the sample collector’s clients’ confidential information and proprietary rights; and

Proof that the applicant has an inventory tracking system account activated and functional.

All applications must be complete and accurate in every material detail.

An application for an active sample collector license is considered incomplete until the Department is in possession of all required forms, supplemental information, criminal history record checks and any other requirements listed in Section 2 of this rule.

A license issued to a cannabis establishment or an individual constitutes a revocable privilege. The burden of proving an Applicant’s qualifications for licensure rests at all times with the applicant.

2.5.2 Vehicle requirements. An applicant for an active sample collector licenses must provide the following information to the Department for each vehicle that will be used to transport samples:

Proof of a valid insurance policy;

A description, with photos as necessary, of the locked compartment to be used to secure samples; and

A description of how the sample collector will maintain samples within the appropriate temperature range.

2.5.3 Payment of Fees

ple collector licenses must provide the following information to the Department for each vehicle that will be used to transport samples:

Proof of a valid insurance policy;

A description, with photos as necessary, of the locked compartment to be used to secure samples; and

A description of how the sample collector will maintain samples within the appropriate temperature range.

2.5.3 Payment of Fees. Before issuing an active license, the Department shall invoice the applicant for the applicable fee as determined by the Department pursuant to Title 28-B and this rule. The Department shall not accept any license fees except pursuant to such invoice.

2.6 - Department Review of Applications for Conditional Licenses and Active Sample Collector License

2.6.1 Ownership interest. Except for an applicant for a cannabis testing facility license, the Department shall verify that any applicant for a cannabis establishment license is either a natural person who is a resident of the state of Maine or is a business entity that meets the requirements of 28-B MRS §202(2).

The Department may require additional information to verify that business structures, loans, franchise agreements, royalty agreements and other legal arrangements are not being used to circumvent licensing requirements including without limitation residency requirements, limits on common financial interests, and disqualifying drug offenses.

The Department will ensure that issuance of both a conditional license or active license to the applicant will not result in any person having a direct or indirect financial interest in:

More than 3 cultivation facility licenses;

Multiple cultivation facility licenses with a combined total licensed amount of plant canopy exceeding 30,000 square feet, except when that exceedance is solely attributable to approved increases in the maximum licensed area of plant canopy authorized under a tier 4 cultivation facility license pursuant to section 28-B MRS §304; or

A testing facility license or sample collector license if the applicant

ple cultivation facility licenses with a combined total licensed amount of plant canopy exceeding 30,000 square feet, except when that exceedance is solely attributable to approved increases in the maximum licensed area of plant canopy authorized under a tier 4 cultivation facility license pursuant to section 28-B MRS §304; or

A testing facility license or sample collector license if the applicant or licensee is a caregiver or a registered caregiver or has an equity ownership interest or a partial equity ownership interest or any other type of financial interest, including but not limited to, being an investor or serving in a management position in a registered dispensary, a cultivation facility license, a products manufacturing facility license or a cannabis store license.

An application for license will not be considered complete until the applicant satisfies all such information requests.

The Department may refuse to issue a conditional license for a cultivation facility, products manufacturing facility or cannabis store license or active license for a sample collector to an applicant at its discretion until it is satisfied that the applicant has met the residency requirements of 28-B MRS §202(2) and this rule.

2.6.2 Application Processing. An application for a conditional license, or active license for a sample collector, is considered incomplete until the Department is in possession of all required forms, supplemental information, criminal history record checks and any other requirements listed in Section 2. If, in the course of processing the application, the Department discovers that any required forms, supplemental information or criminal history record checks are incomplete, the Department may ask the applicant to supply the missing information, and the Department has 90 days from the date the Department provides notice to the applicant that the application is complete to review and act upon the application

course of processing the application, the Department discovers that any required forms, supplemental information or criminal history record checks are incomplete, the Department may ask the applicant to supply the missing information, and the Department has 90 days from the date the Department provides notice to the applicant that the application is complete to review and act upon the application. The Department shall, however, avoid unreasonable delays in the case of inadvertent omission of material that is not central to its review of the merits of the application for a conditional license or active license for a sample collector.

2.6.3 Application Review.

For the purposes of processing applications for cannabis establishments, the Department, pursuant to 28-B MRS §205, shall apply an objective standard to establishing whether an applicant has satisfied the cannabis establishment licensing requirements, specifically the satisfaction of general licensing criteria and the submission of all required documents, forms and fees and the subsequent issuance of provisional and active licenses.

Within 90 days from the date the Department provides notice to the applicant that the application is complete, the Department shall, as applicable:

Deny the license application;

Issue a non-renewable conditional license for a cultivation facility, products manufacturing facility, testing facility or cannabis store valid for up to one year; or

Issue an active license for a sample collector valid for one year.

The Department and the applicant for a conditional license for a cultivation facility, products manufacturing facility, testing facility or cannabis store or the applicant for an active license for a sample collector may mutually agree in writing to the voluntary withdrawal of an application.

Applicants must first submit a notice to the Department requesting a voluntary withdrawal of the application

e Department and the applicant for a conditional license for a cultivation facility, products manufacturing facility, testing facility or cannabis store or the applicant for an active license for a sample collector may mutually agree in writing to the voluntary withdrawal of an application.

Applicants must first submit a notice to the Department requesting a voluntary withdrawal of the application.

The Department will consider the request along with any circumstances at issue with the application in making a decision to accept the voluntary withdrawal. The Department may at its discretion grant the request with or without prejudice or deny the request.

The Department will notify the applicant and relevant local jurisdiction of its acceptance of the voluntary withdrawal and the terms thereof.

If the applicant agrees in writing to a voluntary withdrawal granted with prejudice, then the applicant is not eligible to apply again for licensing or approval until after expiration of one year from the date of such voluntary withdrawal.

The Department may not refund any application or other fees, regardless of the circumstances of the withdrawal.

2.6.5 Denial. The Department may for good cause pursuant to 28-B MRS §206 deny an application for a conditional license or for an active sample collector license.

The Department shall notify the applicant in writing of the denial and the good cause basis for the denial, including but not limited to:

Disqualifying drug offenses;

Other mandatory disqualifying factors;

Failure to meet residency requirements; or

Any other reason constituting good cause.

Denial of an application pursuant to 28-B MRS §206 is final agency action as defined in 5 MRS §8002(4). The Department shall notify the applicant in writing of the applicant’s right to appeal the denial to the Maine Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure

ualifying factors;

Failure to meet residency requirements; or

Any other reason constituting good cause.

2.7 - Application for Active License of a Cultivation Facility, Testing Facility, Products Manufacturing Facility or Cannabis Store, Including Provisional Testing License

2.7.1 Forms. An applicant shall prepare an application on forms made available by the Department for the type of license sought along with the appropriate application fee as determined by the Department pursuant to 28-B MRS §207 and this rule. In order for an application for a cannabis establishment to be considered complete, the following must be true:

All applications must include all attachments or supplemental information required by the current forms supplied by the Department and all sections of this rule.

All applications must be complete and accurate in every material detail.

The Department may refuse to accept or consider an incomplete application.

In order for a cultivation facility, testing facility, products manufacturing facility or cannabis store conditional licensee to be eligible for a cannabis establishment active license, the municipality or the Maine Land Use Planning Commission, whichever has jurisdiction over the planned site, must have submitted a signed and notarized local authorization certification form prepared and furnished by the Department

tivation facility, testing facility, products manufacturing facility or cannabis store conditional licensee to be eligible for a cannabis establishment active license, the municipality or the Maine Land Use Planning Commission, whichever has jurisdiction over the planned site, must have submitted a signed and notarized local authorization certification form prepared and furnished by the Department.

Upon receipt of the local authorization certification form, the Department shall, within 10 calendar days, notify the applicant of any additional information needed for the issuance of an active license.

Nothing in this rule shall be construed to prohibit local entities from implementing municipal or other local regulations further restricting the operation and siting of cannabis establishments, including, but not limited to regulations regarding the co-location of residences, registered caregivers, dispensaries and/or cannabis establishments.

Local authorization is not required for sample collector licenses.

2.7.3 Tax Registration. The Department may not issue an active license to a conditional licensee that is not properly registered with the State Tax Assessor.

Any conditional licensee must obtain a Sales Tax Identification Number. A unique Sales Tax Identification Number is required for each active license, regardless of common ownership or co-location.

A conditional cultivation facility licensee, including a nursery cultivation facility licensee, must additionally obtain an Excise Tax Identification Number. A unique Excise Tax Identification Number is required for each active cultivation facility license (including nursery cultivation facility), regardless of common ownership or co-location.

As applicable, a conditional licensee must obtain a resale certificate.

2.7.4 Application Review

e, including a nursery cultivation facility licensee, must additionally obtain an Excise Tax Identification Number. A unique Excise Tax Identification Number is required for each active cultivation facility license (including nursery cultivation facility), regardless of common ownership or co-location.

As applicable, a conditional licensee must obtain a resale certificate.

2.7.4 Application Review. For the purposes of processing applications for cannabis establishments, the Department, pursuant to 28-B MRS §205, shall apply an objective standard to establishing whether an applicant has satisfied the cannabis establishment licensing requirements, specifically the satisfaction of general licensing criteria and the submission of all required documents, forms and fees and the subsequent issuance of provisional and active licenses.

All conditional licensees must submit the following forms and supplemental information:

Evidence of compliance with all applicable electrical inspection and permitting requirements; which may include but is not limited to: a Certificate of Occupancy issued by the municipal code officer, or written clearance by the Electricians Examining Board, Department of Professional and Financial Regulations.

Copies of any required licenses, certificates or registrations from any state agency with oversight of any authorized activities conducted on the licensed premises including without limitation:

Licenses required for food and beverage manufacturing, bottling and sale from the Department of Agriculture, Conservation and Forestry;

Pesticides applicator license from the Board of Pesticides Control, Department of Agriculture, Conservation and Forestry; and/or

Tobacco retail sales license from the Department of Health and Human Services and tobacco distributor license from the State Tax Assessor

censes required for food and beverage manufacturing, bottling and sale from the Department of Agriculture, Conservation and Forestry;

Pesticides applicator license from the Board of Pesticides Control, Department of Agriculture, Conservation and Forestry; and/or

Tobacco retail sales license from the Department of Health and Human Services and tobacco distributor license from the State Tax Assessor.

Affirmation that the licensee will operate in accordance with all applicable federal, state and local laws and regulations, including without limitation laws and regulations regarding waste management and disposal, food and beverage safety, pesticides application and workplace safety.

Facility plan, consistent with Section 2.7.6 of this rule.

Confirmation that the cannabis establishment has a tracking system account activated and functional.

Any material changes from the conditional license application, including but not limited to, any changes related to ownership or control, any changes in residency of the applicant or any officer, director, manager or general partner and any new arrests or criminal charges of the applicant or any officer, director, manager or general partner.

Any information necessary to determine if the applicant continues to meet all requirements of conditional licensure; including any updates to information in the application or an attestation that there have not been any material changes to the conditional license application.

All licensees engaging in manufacturing involving inherently hazardous substances shall also show proof of compliance with the requirements of Section 3.8.4 of this rule.

Cultivation facilities, including nursery cultivation facilities, must additionally submit the facility’s Excise Tax Identification Number and verification by the Department of registration with the State Tax Assessor.

A cannabis testing facility must obtain full or provisional certification by the CDC as described in Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch

rule.

A cannabis testing facility must obtain full or provisional certification by the CDC as described in Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch. 5, before the Department will issue a provisional or full active testing facility license. A cannabis testing facility may test cannabis and cannabis products only if it holds a current provisional or full certification from the CDC. Initial certification will be for a period of 1 year, and annual recertification is required in compliance with 18-691 CMR, ch. 5. A cannabis testing facility must maintain its certification at all times to remain licensed by the Department. A cannabis testing facility must notify the Department within 1 business day if the CDC suspends or revokes its certification. If the CDC suspends or revokes its certification the cannabis testing facility must cease all testing for any analyte and technology covered by the suspension or revocation.

A cannabis testing facility must apply for ISO/IEC 17025:2017 accreditation before the Department will issue a provisional active testing facility license.

The cannabis testing facility may apply for a Department-issued testing facility license to conduct testing only for those fields of testing included in the application for ISO/IEC 17025:2017 accreditation.

Upon receipt of ISO/IEC 17025:2017 accreditation, a cannabis testing facility must demonstrate proof of accreditation to the Department and DHHS within 5 business days of receipt

ility license.

Upon receipt of ISO/IEC 17025:2017 accreditation, a cannabis testing facility must demonstrate proof of accreditation to the Department and DHHS within 5 business days of receipt.

Before the expiration of its provisional active license and any permitted one time renewal of the same, a cannabis testing facility must obtain ISO/IEC 17025:2017 accreditation; otherwise it must cease all operations in that field of testing until such accreditation is obtained if no other field of testing related to cannabis remains.

If ISO/IEC 17025:2017 accreditation is denied to the cannabis testing facility holding provisional active licensure, the facility must notify the Department of the denial within one business day of receipt of the denial. The Department shall revoke the provisional active license, upon the cannabis testing facility’s notification of denial of ISO/IEC 17025:2017 accreditation.

The Department may request additional information or documentation to ensure that issuance of an active license will not result in any person having a direct or indirect financial interest in:

More than 3 cultivation facility licenses;

pursuant to 28-B MRS §304; or

2.7.6 Facility Plan. In accordance with Section 2.7.5, a conditional licensee shall submit a facility plan that includes all of the following elements in order to receive an active license. The facility plan shall include diagrams and drawings with sufficient detail and clarity to allow the Department to identify all elements required below; such as diagrams and drawings produced using computer-aided design (CAD) or digital drafting software. The facility plan shall include the following elements, identified with sufficient detail for the Department to determine compliance with this section:

Affirmation that the operating plan, and as applicable, cultivation plan submitted for a conditional license is accurate, and updated information if such operating or cultivation plan has changed from the information submitted for conditional licensure;

A table of contents or index identifying the page and/or paragraph number(s) where each required element of the facility plan is located;

Location of the establishment within the municipality, town, township, or plantation, and indicating its proximity to any school

, and updated information if such operating or cultivation plan has changed from the information submitted for conditional licensure;

A table of contents or index identifying the page and/or paragraph number(s) where each required element of the facility plan is located;

Location of the establishment within the municipality, town, township, or plantation, and indicating its proximity to any school. A copy of a tax map showing an area in all directions from the premises of 1000 feet, or in cases where a municipality or the Maine Land Use Planning Commission has reduced the setback to no less than 500 feet, then showing the distance in all directions required by local authority, and indicating that the area around the premises does not include a pre-existing public or private school, as defined in 28-B MRS §§ 402(2)(A) and 403(2)(A), shall meet this requirement;

Size and layout of the establishment, including limited access areas, display areas, commercial kitchen areas, sample receiving areas and points of entry;

Proof of ownership of the premises or proof the owner’s consent for the intended use of the premises;

A legal ingress onto the property from the closest maintained public way;

If the property is also used as a residence, the location of that residence within that property and plans for complete separation of the residence from the facility, including:

Entirely separate entrances from a public right of way; and

No solvent extraction in the same building or structure as the residence;

Copies or examples of the licensee’s visitor identification badge and visitor entry log in compliance with requirements of Section 3.2.3 of this rule;

Identification of all required security measures required in Section 3.3 and a written security plan in accordance with Section 3.3.4 of this rule;

An indication of whether the licensee does not intend to conduct authorized activities during any business hours, as defined in section 1.4 of this rule

fication badge and visitor entry log in compliance with requirements of Section 3.2.3 of this rule;

Identification of all required security measures required in Section 3.3 and a written security plan in accordance with Section 3.3.4 of this rule;

An indication of whether the licensee does not intend to conduct authorized activities during any business hours, as defined in section 1.4 of this rule. The applicant shall indicate any business days or hours it does not intend to conduct authorized activities;

An indication whether the applicant intends to collect samples of cannabis and deliver them to testing facilities for mandatory testing pursuant to 28-B MRS §604-A, and if so, must submit an attestation that it will follow department-required sampling procedures;

As applicable, plans for co-location of multiple cannabis establishments or a cannabis establishment and a registered caregiver or dispensary; and

For conditional cultivation facility licensees, the following additional elements:

The size of the cultivation facility;

The layout of the cultivation facility;

A floor plan showing the proposed size and layout of the cultivation areas where the licensee intends to cultivate mature cannabis plants, showing exterior dimensions of the areas, drawn in straight lines and clearly stating the square footage of each area. The floor plan for a cannabis cultivation establishment must include the detail dimensions of all areas which the licensee is authorized to cultivate mature plants;

A floor plan showing the proposed size and layout of the cultivation areas where the licensee intends to cultivate mature cannabis plants solely for the purpose of propagating seedlings, immature cannabis plants or collecting seeds, seedlings and immature cannabis plants, showing exterior dimensions of the areas, drawn in straight lines and clearly stating the square footage of each area and whether this square footage is within or outside the plant canopy;

Clear delineation of where mature cannabis plants, cannabis plants solely used f

ly for the purpose of propagating seedlings, immature cannabis plants or collecting seeds, seedlings and immature cannabis plants, showing exterior dimensions of the areas, drawn in straight lines and clearly stating the square footage of each area and whether this square footage is within or outside the plant canopy;

Clear delineation of where mature cannabis plants, cannabis plants solely used for propagation, immature plants and seedlings will be grown;

The lights, irrigation, greenhouses and other equipment to be used;

A list of all pesticides, fungicides, insecticides and fertilizers that will be present or used;

If applicable as part of an integrated pest management plan, a list of all other vegetation to be cultivated alongside any cannabis; and

Each applicant for an active cultivation facility license that intends to co-locate its licensed premise with a registered dispensary or registered caregiver must address the following in its facility plan:

Identification of the registered caregiver or registered dispensary that will be co-located with the cultivation facility licensee and demonstration that the applicant is also a registered caregiver or registered dispensary;

Indication on the floor plan, with the same level of detail, areas to be used for cultivating cannabis for medical use, including which areas will be used to cultivate plants solely used for propagation, seedlings, immature plants and mature plants;

Indication on the floor plan any areas that will support cultivation of both cannabis for medical use and adult use cannabis, including storage areas, office space, walkways, entryways, restrooms and utility rooms;

A list of all equipment to be used for cultivating both cannabis for medical use and adult use cannabis;

A description of how the licensee will ensure that each shared piece of cultivation equipment is not used simultaneously on cannabis for medical use and adult use cannabis, with the purpose of ensuring that cannabis for medical use remains separate from adult use cannabis

oms and utility rooms;

A list of all equipment to be used for cultivating both cannabis for medical use and adult use cannabis;

Each applicant for an active cultivation facility license to share premises with a registered dispensary or registered caregiver must address in its cultivation plan the licensee’s plan for physically separating and making visually distinct the areas used for cultivation, drying, curing, trimming, packaging and storage of cannabis for medical use from cultivation of adult use cannabis.

A co-located cultivation facility licensee shall ensure that adult use cannabis plants and cannabis plants for medical use are not cultivated in the same cultivation room at the same time;

A co-located cultivation facility licensee shall ensure that adult use cannabis plants and cannabis plants for medical use are not dried in the same drying room at the same time;

A co-located cultivation facility licensee shall ensure that adult use cannabis and cannabis for medical use is not cured in the same curing room at the same time;

A co-located cultivation facility licensee shall ensure that adult use cannabis and cannabis for medical use is not trimmed or packaged in the same room at the same time; and

A co-located cultivation facility licensee shall indicate in its facility plan its plan for storing adult cannabis flower and trim and harvested cannabis for medical use in a manner whereby the adult use and medical cannabis are readily identifiable and distinguishable in any shared storage areas;

The licensee shall separately track cannabis for medical use and adult use cannabis and will otherwise ensure that they do not become intermixed;

The licensee shall affirm that it will not conduct activities related to cannabis for medical use under a

bis for medical use in a manner whereby the adult use and medical cannabis are readily identifiable and distinguishable in any shared storage areas;

The licensee shall separately track cannabis for medical use and adult use cannabis and will otherwise ensure that they do not become intermixed;

The licensee shall affirm that it will not conduct activities related to cannabis for medical use under a Sales Tax Identification Number or Excise Tax Identification Number associate with an adult use license;

As applicable, the cultivation facility must have distinctly separate entrances from a public right of way for the area of the premises used for retail sales of adult use cannabis to consumers and for the distribution of cannabis and cannabis products for medical use. Under no circumstances can cannabis or cannabis products for medical use be sold in, transferred, transported or otherwise conveyed through any portion of the co-located premises designated for retail sales of adult use cannabis or cannabis products to consumers; and

The cultivation facility must conduct all cultivation activities for adult use cannabis and cannabis for medical use in accordance with this rule and 28-B MRS.

Nursery cultivation facility applicants that intend to conduct sales to adults over the age of 21 who are not licensees shall submit a facility plan that meets all of the requirements for both a cultivation facility and a cannabis store

and

The cultivation facility must conduct all cultivation activities for adult use cannabis and cannabis for medical use in accordance with this rule and 28-B MRS.

For conditional cannabis testing facility licensees, the following additional elements:

A premises diagram of the cannabis testing facility that includes a brief statement of the primary activity to be conducted in each room or partitioned area, including without limitation activities related to sample receiving, sample storage, record storage, microbiological and chemical analysis and office space;

A list of all mandatory tests, including technology and analyte, for which the applicant has received or is applying for ISO/IEC 17025 accreditation at the time of the application for a conditional license from the Department;

A list of all mandatory tests, including technology and analyte, for which the applicant has received or is applying for full or provisional certification from the CDC;

A list of all nonstandard test methods and technologies for which the applicant has received or requested CDC certification for any mandatory test;

A description of the workplace safety plan consistent with 29 CFR 1910 as applicable; and

Plans for disposal of cannabis waste and cannabis product waste

hich the applicant has received or is applying for full or provisional certification from the CDC;

A list of all nonstandard test methods and technologies for which the applicant has received or requested CDC certification for any mandatory test;

A description of the workplace safety plan consistent with 29 CFR 1910 as applicable; and

Plans for disposal of cannabis waste and cannabis product waste.

For conditional products manufacturing facility licensees, the following additional elements:

A diagram illustrating in which areas of the premises each manufacturing activity will occur;

A diagram illustrating the areas of the premises where any solvent (excluding water), chemical or potentially hazardous substance will be stored;

Manufacturing equipment to be used, including without limitation extraction equipment, kitchen equipment, and equipment used to package and label cannabis and cannabis products;

For any extraction equipment that uses inherently hazardous substances, the UL listing in addition to certification by a professional engineer licensed in Maine that the extraction equipment is properly installed;

A description of the types of products such as edible, inhaled or topical that will be manufactured on the premises;

Any extraction methods and solvents to be used for extraction;

Any inherently hazardous substances to be used for extraction, along with the process for use, certification by a professional engineer licensed in Maine that the manufacturing facility’s storage, preparation, electrical, gas monitoring, fire suppression and exhaust systems are adequate; and

Each applicant for an active cannabis products manufacturing facility license that intends to co-locate its licensed premise with a registered dispensary or registered caregiver must address the following in its facility plan:

Identification of the registered caregiver or registered dispensary that will be co-located with the products manufacturing facility licensee and demonstration that the applicant is also a registered caregiver or registe

manufacturing facility license that intends to co-locate its licensed premise with a registered dispensary or registered caregiver must address the following in its facility plan:

An indication on the floor plan any areas of the premises where adult use and medical cannabis will be received, manufactured, packaged, labeled or stored;

An indication on the floor plan any areas of the premises where equipment, chemicals and other items to be used for both adult use and medical cannabis manufacturing will be used and stored;

A list of all extraction equipment and other supplies to be used for extracting from both cannabis for medical use and adult use cannabis;

A list of all manufacturing equipment and other supplies to be used for manufacturing both cannabis products for medical use and adult use cannabis products;

A description of how the licensee will ensure that each shared piece of extraction or manufacturing equipment is not used simultaneously or contemporaneously on cannabis for medical use and adult use cannabis, with the purpose of ensuring that cannabis, cannabis concentrate and cannabis products for medical use remain separate from adult use cannabis, cannabis concentrate and cannabis products;

A description of how the licensee will separately track cannabis for medical use, including input to the tracking system, cannabis concentrate and cannabis products separately from adult use cannabis, cannabis concentrate and cannabis products and will otherwise keep them from becoming intermixed;

A clear indication on floor plans of which areas house equipment used to manufacture both cannabis for medical use and adult use cannabis products; and

A clear indication of any areas used to store equipment, supplies or non-cannabis ingredients used to produce, package or label both cannab

cannabis, cannabis concentrate and cannabis products and will otherwise keep them from becoming intermixed;

A clear indication on floor plans of which areas house equipment used to manufacture both cannabis for medical use and adult use cannabis products; and

A clear indication of any areas used to store equipment, supplies or non-cannabis ingredients used to produce, package or label both cannabis products for medical use and adult cannabis products.

For conditional cannabis store licensees, the following additional elements:

Affirmation that the licensee will only conduct retail sales to consumers during the hours of 7 A.M. and 10 P.M. local time or only those days and hours during which retail sales are permitted by local regulation;

An indication of whether the licensee intends to sell adult use cannabis and/or adult use cannabis products to consumers using curbside pickup and/or delivery;

A diagram illustrating the layout of the licensed premises, including limited access areas and age-restricted areas and any areas where the licensee intends to conduct curbside pickup;

For cannabis store licensees conducting curbside pickup in an area immediately adjacent to the primary public ingress and egress of the store, but not included in the licensed premises, the licensee shall also indicate the curbside pickup area on its facility diagram;

Any curbside pickup location outside of the licensed premises must be a place designated for parking or standing, and fully within view of cameras fixed to the exterior of the cannabis store;

Identification of the controlled entry area within the licensed premise, or another area outside of the licensed premises where the licensee will verify the identification of all customers and prevention of unauthorized sales to, or access to the retail sales area by, persons under age 21;

Descriptions or diagrams of displays indicating how they control customer access to cannabis and cannabis products; and

Descriptions of any electrical equipment

the licensed premise, or another area outside of the licensed premises where the licensee will verify the identification of all customers and prevention of unauthorized sales to, or access to the retail sales area by, persons under age 21;

Descriptions or diagrams of displays indicating how they control customer access to cannabis and cannabis products; and

Descriptions of any electrical equipment.

2.7.7 Co-Location of Adult Use Cannabis Establishments. An applicant may propose the co-location of multiple adult use cannabis establishment types pursuant to the following Section. Nothing in this section should be construed to permit the retail sale of adult use cannabis or adult use cannabis products in 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

dult use cannabis establishment types pursuant to the following Section. Nothing in this section should be construed to permit the retail sale of adult use cannabis or adult use cannabis products in 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 Department may approve an application that would result in a testing facility being located adjacent to another type of adult use cannabis establishment or a registered dispensary, registered caregiver, or manufacturing facility registered in accordance with 22 MRS §2423-F, only if the following conditions are met:

The testing facility must have a distinctly separate entrance from a public right of way;

The testing facility must demonstrate it has adequate environmental controls to protect against incidental contamination of testing equipment or samples as a result of its location adjacent to an adult use cannabis establishment, registered dispensary, registered caregiver, or manufacturing facility registered in accordance with 22 MRS §2423-F;

Signage must not convey the impression that the two businesses are connected; and

There must be no way that an employee of the testing facility or the other business may travel between the two businesses without returning to the public right of way. Public right of way shall be interpreted in this subsection to include private property that is generally open to the public during normal business hours, such as a shopping center or business park.

The Department may approve an application that would result in a cultivation facility being co-located with a products manufacturing facility or cannabis store, only if the following conditions are met:

The cultivation facility area shall be clearly delineated from the other establishment in all written plans.

The cultivation facility may connect to another type of establishment by a single, lockable door

rtment may approve an application that would result in a cultivation facility being co-located with a products manufacturing facility or cannabis store, only if the following conditions are met:

The cultivation facility area shall be clearly delineated from the other establishment in all written plans.

The cultivation facility may connect to another type of establishment by a single, lockable door. Regardless of common ownership, excise tax is payable when any cannabis seedlings, immature plants, cannabis, or cannabis products pass out of the cultivation facility into another type of cannabis establishment. All cannabis to pass through a single, lockable door must be entered into the tracking system, and excise taxes shall be paid in accordance with this rule and 28-B MRS §1001.

If the cultivation facility is co-located with a cannabis store, the cultivation facility may not be also co-located with a registered caregiver or a registered dispensary.

If the cultivation facility is co-located with a registered caregiver or registered dispensary, as well as a products manufacturing facility, the licensees shall ensure that all applicable co-location requirements of section 2.7.6 are met.

The Department may approve an application that would result in a products manufacturing facility being co-located with a cannabis store, only if the following conditions are met:

The products manufacturing area shall be clearly delineated from the other establishment in all written plans.

Any shared space must comply with all regulations applicable to products manufacturing facilities and all regulations applicable to cannabis stores.

No manufacturing facility using inherently hazardous substances may be co-located with a cannabis store unless all inherently hazardous extraction activities are conducted in an entirely freestanding structure.

The manufacturing facility may not be also co-located with a registered caregiver or a registered dispensary.

2.7.8 Payment of Fees

lities and all regulations applicable to cannabis stores.

The manufacturing facility may not be also co-located with a registered caregiver or a registered dispensary.

2.7.8 Payment of Fees. Before issuing an active license, the Department shall invoice the conditional licensee for the applicable fee as determined by the Department pursuant to Title 28-B and this rule. The Department shall not accept any license fees except pursuant to such invoice.

2.7.9 Denial. The Department may for good cause pursuant to 28-B MRS §206 deny an application for an active license.

The Department shall notify the applicant in writing of the denial and the good cause basis for the denial, including but not limited to:

Failure to meet any of the application requirements of Title 28-B or this rule;

Failure to comply with any terms, conditions, or provisions of Title 28-B or this rule, or any applicable state or local law, rule or regulation; or

Failure to comply with any special terms, consent decree or conditions placed upon previously issued licenses pursuant to an order of the Department, the municipality, town, plantation, county commission, or Maine Land Use Planning Commission with jurisdiction over the area where the cannabis establishment is located.

2.8 - Individual Identification Cards

2.8.1 Individual Identification Cards Required

hment is located.

2.8 - Individual Identification Cards

2.8.1 Individual Identification Cards Required.

A valid individual identification card issued by the Department is required to be displayed by any individual working in or for a licensed cannabis establishment who:

possesses, cultivates, manufactures, packages, tests, dispenses, transfers, serves, handles, transports or delivers cannabis or cannabis products;

has the authority to access or input data into the inventory tracking system or a cannabis establishment point of sale system; or

is an officer, director, manager or general partner of the licensee.

Licensees are responsible for verifying that each required person has a valid individual identification card and must report within 24 hours any attempt by an individual to use an individual identification card that is falsified, altered or issued to a person other than the bearer.

A contractor of the licensee, including, but not limited to, an electrician, a plumber, an engineer or an alarm technician, whose scope of work will not involve the handling of cannabis or cannabis products does not require an individual identification card, subject to the requirements of Section 3.2 of this rule.

The individual identification card requirement does not apply to employees or agents of the Department, law enforcement officers or employees or agents of other local or state agencies with regulatory authority, including but not limited to fire marshals, electrical inspectors, pesticide control staff and environmental inspectors, for the purpose of exercising such regulatory authority.

The Department shall issue individual identification cards to natural persons licensed under Title 28-B

epartment, law enforcement officers or employees or agents of other local or state agencies with regulatory authority, including but not limited to fire marshals, electrical inspectors, pesticide control staff and environmental inspectors, for the purpose of exercising such regulatory authority.

The Department shall issue individual identification cards to natural persons licensed under Title 28-B.

Upon request, the Department shall issue an individual identification card to an officer, director, manager or general partner who has participated in the license application process and has had fingerprinting and criminal history record checks a

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