Wednesday, September 5, 2018
3pm to 5pm
Bowdoin College, Brunswick, Maine
Purchase tickets ($50/person, two-hour workshop)
Attorney Chris McCabe will focus on the upcoming changes to the medical marijuana laws in Maine, comparing past to present to future. Q&A throughout.
On July 9, 2019, Maine enacted two medical marijuana statutes with confusingly-similar titles. The outline below provides a few highlights.
P.L. 2018, ch. 447 (emergency, effective July 9, 2018): "An Act to Amend the Maine Medical Use of Marijuana Act" (PDF).
Already effective, this statute:
- provides definitions and regulations RE “inherently hazardous substance,” “manufacture/ing,” “manufacturing facility” (including tier 1 and tier 2 licenses), “concentrate,” “extraction,” and “product";
- creates a “manufacturing facility” license, including two 'tiers' based on grow-size, with regulations;
- authorizes certain local controls by municipalities;
- specifically-generates work for third-party engineers;
- allows the use of inherently dangerous substances if certain criteria are met, but also provides strict rules and sanctions for enforcement of violations.
P.L. 2018, ch. 452 (non-emergency, effective 90 days after adjournment, which as of 8/14/2018 has not yet occurred): "An Act to Amend Maine’s Medical Marijuana Act" (PDF).
Effective October 8, 2018, this statute:
- completely incorporates ch. 447 (the above statute);
- removes the “debilitating medical condition” determination in favor of a more open determination for any condition, including for substance abuse disorder, e.g. opiate addiction;
- replaces "employees" with “assistants” and removes the 1-employee cap on caregivers;
- defines “tamper-evident” and “child-resistant” and provides children-centric regulations for packaging, labeling, advertising, signs, shapes of products, and ingredients of products;
- changes the definition of “seedling”;
- allows the sale of seedlings and immature plants;
- allows wholesale transactions between caregivers and dispensaries;
- increases amounts allowed to be possessed by caregivers;
- changes the designation form system;
- allows caregivers to operate one retail store;
- allows caregivers to operate as a legal business entity
- clearly authorizes a patient’s right to choose his/her provider;
- requires sellers to provide education materials;
- provides edibles health and safety requirements;
- allows the colocation of caregivers in the same facility;
- prohibits collectives;
- provides new confidentiality provisions;
- expands potentially-unconstitutionally-illegal investigation authorizations;
- appropriates approximately $570,000 for “increased legal services” for 2 Field Investigators, 1 Office Specialist, 1 Tax Examiner, 1 Assistant Attorney General;
- requires reporting caregivers and dispensaries;
- changes frequency of patient transactions;
- increases the number of dispensaries by 6 (from 8 to 14);
- ends the cap on the number of dispensaries on January 1, 2021.