5 Maine Cannabis Laws You Must Know

Adult-use cannabis has been legal in Maine since 2016. In this post, we’re breaking down 5 must-know Maine marijuana laws.

Find the full Maine cannabis regulations here.

Law #1: Packaging and labeling

Law: 1. Labeling requirements. Adult use marijuana and adult use marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter must be labeled with the following information, as applicable based on the marijuana or marijuana product to be sold: A. The license numbers of the cultivation facility, the products manufacturing facility and the marijuana store where the adult use marijuana or adult use marijuana product was cultivated, manufactured and offered for sale; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. An identity statement and universal symbol; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. Health and safety warning labels as required by rules adopted by the department after consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention; [PL 2017, c. 409, Pt. A, §6 (NEW).] D. The batch number; [PL 2017, c. 409, Pt. A, §6 (NEW).] E. A net weight statement; [PL 2017, c. 409, Pt. A, §6 (NEW).] F. Information on the THC potency of the marijuana or marijuana product and the potency of such other cannabinoids or other chemicals in the marijuana or marijuana product, including, but not limited to, cannabidiol; [PL 2017, c. 409, Pt. A, §6 (NEW).] G. Information on the amount of THC and cannabidiol per serving of the marijuana or marijuana product and, for edible marijuana products, the number of servings per package; [PL 2017, c. 409, Pt. A, §6 (NEW).] H. Information on gases, solvents and chemicals used in marijuana extraction; [PL 2017, c. 409, Pt. A, §6 (NEW).] I. Instructions on usage; [PL 2017, c. 409, Pt. A, §6 (NEW).] J. For adult use marijuana products: (1) The amount of marijuana concentrate per serving of the product, as measured in grams, and the amount of marijuana concentrate per package of the product, as measured in grams; (2) A list of ingredients and possible allergens; and (3) A recommended use date or expiration date; [PL 2017, c. 409, Pt. A, §6 (NEW).] K. For edible marijuana products, a nutritional fact panel; and [PL 2017, c. 409, Pt. A, §6 (NEW).] L. Any other information required by rule by the department. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW).] 2. Packaging requirements. Adult use marijuana and adult use marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter must be packaged in the following manner, as applicable based on the marijuana or marijuana product to be sold: A. Adult use marijuana and adult use marijuana products must be prepackaged in child-resistant and tamper-evident packaging or must be placed in child-resistant and tamper-evident packaging at the final point of sale to a consumer; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. Adult use marijuana and adult use marijuana products must be prepackaged in opaque packaging or an opaque container or must be placed in opaque packaging or an opaque container at the final point of sale to a consumer; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. Packaging for multiserving liquid adult use marijuana products must include an integral measurement component and a child-resistant cap; and [PL 2017, c. 409, Pt. A, §6 (NEW).] MRS Title 28-B, Chapter 1. MARIJUANA LEGALIZATION ACT Generated 11.25.2020 Chapter 1. MARIJUANA LEGALIZATION ACT | 51 D. Packaging must conform to all other applicable requirements and restrictions imposed by rule by the department. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW).] 3. Other approved labeling and packaging. Adult use marijuana and adult use marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter may include on the label or the packaging of the marijuana or marijuana product: A. A statement of compatibility with dietary practices; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. Depictions of geometric shapes or marijuana leaves; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. Use of the terms "organic," "organically cultivated" or "organically grown" in accordance with requirements regarding the use of such terms as adopted by rule by the department; and [PL 2017, c. 409, Pt. A, §6 (NEW).] D. Any other information that has been preapproved by the department. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW).] 4. Labeling and packaging prohibitions. Adult use marijuana and adult use marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter: A. May not be labeled or packaged in violation of a federal trademark law or regulation or in a manner that would cause a reasonable consumer confusion as to whether the marijuana or marijuana product was a trademarked product; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. May not be labeled or packaged in a manner that is specifically designed to appeal particularly to a person under 21 years of age; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. May not be labeled or packaged in a manner that obscures identifying information on the label or uses a false or deceptive label; [PL 2017, c. 409, Pt. A, §6 (NEW).] D. May not be sold or offered for sale using a label or packaging that depicts a human, animal or fruit; and [PL 2017, c. 409, Pt. A, §6 (NEW).] E. May not be labeled or packaged in violation of any other labeling or packaging requirement or restriction imposed by rule by the department.

Explained:

• According to Maine law, adult-use marijuana and related products must be packaged with the following information clearly labeled:

  • License numbers for all cultivation facilities, products manufacturing facility, and marijuana stores involved.

  • Identity statement and universal symbol.

  • Health and safety warnings.

  • Batch number.

  • Net weight.

  • THC, cannabidiol, and all other potencies for edible products, as well as the number of servings per package.

  • Information on the gases, solvents, and chemicals used in the extraction.

  • Amount of marijuana concentrate per serving and per package, in grams.

  • List of ingredients and potential allergens.

  • Expiration date.

  • Nutrition facts for edibles.

• Packaging must adhere to these restrictions:

  • Child-resistant.

  • Opaque.

  • Tamper-evident.

  • Multiserving liquid products must include a measuring component and a child-resistant cap.

• Recreational marijuana packaging and labels can include the following:

  • Statement of compatibility with dietary practices.

  • Geometric shapes or marijuana leaves.

  • The terms “organic”, “organically cultivated”, or “organically grown.”

• Packaging and labels may not include:

  • Anything in violation of a trademark law.

  • Any elements that make the marijuana product look like it might be a federally trademarked product.

  • Packaging that appeals to those under 21.

  • Packaging that obscures the label or is misleading.

  • Depictions of a human, animal, or fruit.

Law #2: Licensing criteria for dispensaries

Law: §202. General licensing criteria An applicant for a license to operate a marijuana 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 and 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 chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).] 1. Age. The applicant must be at least 21 years of age. If the applicant is a business entity, every officer, director, manager and general partner of the business entity must be at least 21 years of age. [PL 2017, c. 409, Pt. A, §6 (NEW).] 2. Resident. If the applicant is a natural person, the applicant must be a resident. If the applicant is a business entity: A. Every officer, director, manager and general partner of the business entity must be a natural person who is a resident; and [PL 2017, c. 409, Pt. A, §6 (NEW).] B. 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 or business entities whose owners are all natural persons who are residents. [PL 2017, c. 409, Pt. A, §6 (NEW).] This subsection does not apply to an applicant for a testing facility license. [PL 2017, c. 409, Pt. A, §6 (NEW).] 3. Incorporated in State. If the applicant is a business entity, the business entity must be incorporated in the State or otherwise formed or organized under the laws of the State. [PL 2017, c. 409, Pt. A, §6 (NEW).] 4. No disqualifying drug offense. The applicant may not have been previously convicted of a disqualifying drug offense. [PL 2017, c. 409, Pt. A, §6 (NEW).] 5. Not employee of state agency. The applicant may not be employed by the department or any other state agency with regulatory authority under this chapter or the rules adopted pursuant to this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).] 6. Not law enforcement officer or corrections officer. The applicant may not be a law enforcement officer; a corrections officer as defined in Title 25, section 2801‑A, subsection 2; or any other natural person subject to the certification requirements of Title 25, chapter 341. MRS Title 28-B, Chapter 1. MARIJUANA LEGALIZATION ACT 14 | Chapter 1. MARIJUANA LEGALIZATION ACT Generated 11.25.2020 [PL 2017, c. 409, Pt. A, §6 (NEW).] 7. No license revocation. The applicant may not have had a license previously issued under this chapter revoked. [PL 2017, c. 409, Pt. A, §6 (NEW).] 8. No medical registry identification card or registration certificate revocation. The applicant may not have had a registry identification card or registration certificate previously issued pursuant to the Maine Medical Use of Marijuana Act revoked. [PL 2017, c. 409, Pt. A, §6 (NEW).] 9. No revocation of other state marijuana license, permit, certificate or other governmentissued authorization. The applicant may not have had a license, permit, certificate or other government-issued authorization issued in another jurisdiction allowing the cultivation, manufacture, testing or sale of marijuana or marijuana products revoked. [PL 2017, c. 409, Pt. A, §6 (NEW).] 10. No outstanding court-ordered payments. A license may not be issued to an applicant that has any outstanding payments due in this State on court-ordered fines, court-appointed attorney's fees or court-ordered restitution. [PL 2017, c. 409, Pt. A, §6 (NEW).] 11. Criminal history record check. The applicant must have submitted to a criminal history record check in accordance with the requirements of section 204. [PL 2017, c. 409, Pt. A, §6 (NEW).] 12. 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 chapter. The department shall revoke the license of a licensee pursuant to 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.

Explained:

Maine law dictates applicants must meet the following criteria:

• At least 21 years of age. All officers, directors, managers, and general partners of the business entity must also be at least 21.

• A Maine resident. The majority of all officers, directors, managers, and general partners of the business entity must also be Maine residents. This doesn’t apply to testing facility applicants.

• A business-entity applicant must be incorporated in or formed under the laws of the State of Maine.

• No disqualifying drug offenses.

• No employees of state agencies.

• No law enforcement or corrections officers.

• No previous license revocation.

• No medical registry ID card or registration certificate revocation.

• No previous marijuana-related license, certificate, permit, or other government-issued license revocation.

• No outstanding court-ordered payments.

• Must submit criminal history record check.

• No false statements on any application materials.

Maine may also consider other convictions, tax compliance and out-of-state marijuana-related violations.

Start writing your dispensary business plan now!

Law #3: Adult-use marijuana advertising and signage

Law: §702. Signs, advertising and marketing 1. Prohibitions. Signs, advertising and marketing used by or on behalf of a licensee: A. May not be misleading, deceptive or false; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. May not involve advertising or marketing that has a high likelihood of reaching persons under 21 years of age or that is specifically designed to appeal particularly to persons under 21 years of age; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. May not be placed or otherwise used within 1,000 feet of the property line of a preexisting public or private school, except that, if a municipality by ordinance or other regulation, or, in the case of a town, plantation or township located in the unorganized and deorganized areas, the Maine Land Use Planning Commission, chooses to prohibit the placement or use of signs or advertising by or on behalf of a marijuana establishment at distances greater than or less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that greater or lesser distance applies. As used in this paragraph, "school" has the same meaning as in section 402, subsection 2, paragraph A; and [PL 2017, c. 409, Pt. A, §6 (NEW).] MRS Title 28-B, Chapter 1. MARIJUANA LEGALIZATION ACT 52 | Chapter 1. MARIJUANA LEGALIZATION ACT Generated 11.25.2020 D. May not violate any other requirement or restriction on signs, advertising and marketing imposed by the department by rule pursuant to subsection 2. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW).] 2. Rules on signs, advertising and marketing. The department shall adopt rules regarding the placement and use of signs, advertising and marketing by or on behalf of a licensee, which may include, but are not limited to: A. A prohibition on health or physical benefit claims in advertising or marketing, including, but not limited to, health or physical benefit claims on the label or packaging of adult use marijuana or an adult use marijuana product; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. A prohibition on unsolicited advertising or marketing on the Internet, including, but not limited to, banner advertisements on mass-market websites; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. A prohibition on opt-in advertising or marketing that does not permit an easy and permanent opt-out feature; and [PL 2017, c. 409, Pt. A, §6 (NEW).] D. A prohibition on advertising or marketing directed toward location-based devices, including, but not limited to, cellular telephones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature.

Explained:

The following is prohibited for advertising adult-use marijuana:

• Misleading, deceptive, or false advertising.
• Advertising that appeals to those under 21 years of age.
• Advertisements placed within 1,000 feet of the property line of any pre-existing school.
• The Maine Land Use Planning Commission may chose to prohibit advertising at distances greater or less than 1,000 feet, with the minimum being 500 feet, if in an unorganized and disorganized area.
• Health or physical benefit claims.
• Unsolicited Internet advertising and marketing, including banner ads on mass-market websites.
• Opt-in advertising and marketing that doesn’t permit an easy and permanent opt-out feature.
• Marketing directed toward location-based devices, excluding apps downloaded by of-age users that also have a permanent, easy opt-out feature.

Law #4: Operation of cannabis stores

Law: §504. Operation of marijuana stores MRS Title 28-B, Chapter 1. MARIJUANA LEGALIZATION ACT 42 | Chapter 1. MARIJUANA LEGALIZATION ACT Generated 11.25.2020 A marijuana store must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).] 1. Products authorized for sale. Except as provided in subsection 2, a marijuana store may sell: A. Adult use marijuana, adult use marijuana products and marijuana paraphernalia; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. Immature marijuana plants and seedlings; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. Consumable products not containing marijuana, including, but not limited to, sodas, candies and baked goods; and [PL 2017, c. 409, Pt. A, §6 (NEW).] D. Any other nonconsumable products, including, but not limited to, apparel and marijuana-related products. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW).] 2. Prohibitions. A marijuana store may not: A. Give away adult use marijuana, adult use marijuana products or marijuana plants or sell or give away mature marijuana plants or consumable products containing tobacco or alcohol that do not contain marijuana; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. Except for nonedible adult use marijuana products that do not contain THC, sell to any person in any individual sales transaction an amount of adult use marijuana, adult use marijuana products or immature marijuana plants or seedlings that exceeds the personal adult use limitations of section 1501, subsection 1; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. Sell adult use marijuana, adult use marijuana products or marijuana plants using: (1) An automated dispensing or vending machine; (2) A drive-through sales window; (3) An Internet-based sales platform; or (4) A delivery service; or [PL 2017, c. 409, Pt. A, §6 (NEW).] D. Sell adult use marijuana or adult use marijuana products to a person who is visibly intoxicated. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW).] 3. Compliance with packaging, labeling and health and safety requirements. All adult use marijuana and adult use marijuana products sold or offered for sale at a marijuana store must meet all applicable packaging, labeling and health and safety requirements of subchapter 7 and the rules adopted under subchapter 7. [PL 2017, c. 409, Pt. A, §6 (NEW).] 4. Verification of purchaser's age. A person must be 21 years of age or older to make a purchase in a marijuana store. A marijuana store may not sell any item to a person under 21 years of age. A. Prior to initiating a sale, an employee of the marijuana store licensee shall verify that the purchaser has a valid government-issued photographic identification card, or other acceptable photographic identification, demonstrating that the purchaser is 21 years of age or older. [PL 2017, c. 409, Pt. A, §6 (NEW).] B. The department shall by rule determine the forms of photographic identification that a marijuana store licensee may accept when verifying a purchaser's age. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW).] 5. Prohibition on use of shared facility for retail sale of adult use marijuana and adult use marijuana products and marijuana and marijuana products for medical use. A marijuana store MRS Title 28-B, Chapter 1. MARIJUANA LEGALIZATION ACT Generated 11.25.2020 Chapter 1. MARIJUANA LEGALIZATION ACT | 43 licensee that is also a registered caregiver or a registered dispensary may not sell or offer for sale to consumers adult use marijuana and adult use marijuana products pursuant to this chapter within the same facility or building in which the licensee also sells or offers for sale to qualifying patients marijuana and marijuana products for medical use pursuant to the Maine Medical Use of Marijuana Act. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2017, c. 452, §37 (REV).] 6. Signs, marketing and advertising. All signs used by and all marketing and advertising conducted by or on behalf of a marijuana store must comply with the requirements of section 702 and the rules adopted pursuant to section 702. [PL 2017, c. 409, Pt. A, §6 (NEW).] 7. Sales tax. A marijuana store licensee shall ensure that the tax imposed on the sale of adult use marijuana and adult use marijuana products to a consumer pursuant to Title 36, section 1811 is collected and remitted in accordance with the requirements of Title 36, Part 3 and the rules adopted pursuant to Title 36, Part 3. [PL 2017, c. 409, Pt. A, §6 (NEW).] 8. Tracking. In accordance with the requirements of section 105, a marijuana store licensee shall track all adult use marijuana and adult use marijuana products from the point at which the marijuana or marijuana products are delivered or transferred to the marijuana store by a cultivation facility or a products manufacturing facility to the point at which the marijuana or marijuana products are sold to a consumer, delivered or transferred to a testing facility or disposed of or destroyed. [PL 2017, c. 409, Pt. A, §6 (NEW).] SECTION HISTORY PL 2017, c. 409, Pt. A, §6 (NEW). PL 2017, c. 452, §37 (REV). §505. Transportation of adult use marijuana and adult use marijuana products A licensee and its employees may transport adult use marijuana and adult use marijuana products between the licensed premises of the licensee and the licensed premises of any other marijuana establishment. All transportation of adult use marijuana and adult use marijuana products must be documented by the licensee or an employee of the licensee in accordance with rules adopted by the department. The department shall adopt rules regarding the transportation of adult use marijuana and adult use marijuana products by licensees under this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).] SECTION HISTORY PL 2017, c. 409, Pt. A, §6 (NEW). §506. Employment of persons under 21 years of age prohibited A licensee may not employ any person under 21 years of age. [PL 2017, c. 409, Pt. A, §6 (NEW).] SECTION HISTORY PL 2017, c. 409, Pt. A, §6 (NEW). §507. Entry into marijuana establishment by persons under 21 years of age prohibited A person under 21 years of age may not enter the licensed premises of a marijuana establishment. A licensee shall ensure that persons under 21 years of age do not enter its licensed premises. [PL 2017, c. 409, Pt. A, §6 (NEW).] SECTION HISTORY PL 2017, c. 409, Pt. A, §6 (NEW). §508. Use of adult use marijuana and adult use marijuana products within licensed premises MRS Title 28-B, Chapter 1. MARIJUANA LEGALIZATION ACT 44 | Chapter 1. MARIJUANA LEGALIZATION ACT Generated 11.25.2020 1. Employee use of marijuana or marijuana products for medical use. A licensee may allow an employee who is a qualifying patient to privately consume marijuana and marijuana products for medical use within its licensed premises. [PL 2017, c. 409, Pt. A, §6 (NEW).] 2. Employee use of adult use marijuana or adult use marijuana products. Except as otherwise provided in this chapter, a licensee may not allow an employee to consume adult use marijuana or adult use marijuana products within its licensed premises or while the employee is otherwise engaged in activities within the course and scope of employment. [PL 2017, c. 409, Pt. A, §6 (NEW).] 3. Other use of adult use marijuana or adult use marijuana products. Except as otherwise provided in this chapter: A. A person may not consume adult use marijuana or adult use marijuana products within the licensed premises of a marijuana establishment; and [PL 2017, c. 409, Pt. A, §6 (NEW).] B. A licensee may not allow any person to consume adult use marijuana or adult use marijuana products within its licensed premises. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW).] SECTION HISTORY PL 2017, c. 409, Pt. A, §6 (NEW). §509. License to be conspicuously displayed A licensee shall ensure that the licensee's license, or a copy of that license, is at all times conspicuously displayed within its licensed premises. [PL 2017, c. 409, Pt. A, §6 (NEW).] SECTION HISTORY PL 2017, c. 409, Pt. A, §6 (NEW). §510. Limited access areas Except as provided in subsection 1, a person may not enter or remain in any limited access area unless the person displays an individual identification card issued by the department pursuant to section 106. [PL 2019, c. 491, §4 (AMD).] 1. Contractors. A licensee may allow a person to enter or remain in any limited access area without displaying an individual identification card if the person is 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 marijuana or marijuana products; the person signs a visitor entry log provided and maintained by the licensee and is issued a visitor identification badge by the licensee; and, if the person is working in a limited access area with immediate access to marijuana or marijuana products, the person is supervised at all times by the licensee or an employee of the licensee. [PL 2019, c. 491, §4 (NEW).] 2. Licensee compliance. A licensee shall ensure that all areas of ingress to and egress from limited access areas within its licensed premises are conspicuously marked and that a person is not allowed to enter or remain in any limited access area without displaying the person's individual identification card issued by the department pursuant to section 106. [PL 2019, c. 491, §4 (NEW).] SECTION HISTORY PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 491, §4 (AMD). §511. Record keeping and inspection of records; audits MRS Title 28-B, Chapter 1. MARIJUANA LEGALIZATION ACT Generated 11.25.2020 Chapter 1. MARIJUANA LEGALIZATION ACT | 45 1. Record keeping; inspection of records. A licensee shall maintain a complete set of all records of the licensee's business transactions, which must be open to inspection and examination by the department upon demand and without notice during all business hours. Records must be maintained by a licensee at a minimum for a period comprising the current tax year and the 5 immediately preceding tax years in accordance with Title 36, section 135. [PL 2019, c. 231, Pt. A, §1 (AMD).] 2. Additional information may be required. The department may require a licensee to furnish any additional information necessary for the proper administration of this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).] 3. Audit. The department may require a licensee to submit to an audit of the licensee's business records. If the department requires a licensee to submit to an audit, the licensee shall provide the auditor selected by the department with access to all business records of the licensee and the cost of the audit must be paid by the licensee. [PL 2017, c. 409, Pt. A, §6 (NEW).] 4. Confidentiality. This subsection governs the confidentiality of records under this section. A. Documents of a licensee inspected or examined by the department pursuant to this section are confidential and may not be disclosed except as needed in a civil or criminal proceeding to enforce any provision of this chapter and the rules adopted pursuant to this chapter or any criminal law. [PL 2017, c. 409, Pt. A, §6 (NEW).] B. Audit working papers are confidential and may not be disclosed to any person outside the department, except that audit working papers may be disclosed to the licensee subject to the audit. A final audit report is a public record for the purposes of Title 1, chapter 13, subchapter 1. For the purposes of this paragraph, "audit working papers" means all documentation and other information acquired, prepared or maintained by the department and the auditor selected by the department during the conduct of the audit, including, but not limited to, draft reports and portions of draft reports. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW).] SECTION HISTORY PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 231, Pt. A, §1 (AMD). §512. Inspection of licensed premises; testing and sampling for product quality control 1. Inspections. A licensee shall submit to an inspection of its licensed premises, including, but not limited to, any places of storage and any locked areas, upon demand and without notice during all business hours and other times of apparent activity by the department, a criminal justice agency or an official authorized by the municipality in which the licensed premises are located. For the purposes of this subsection, "municipality" has the same meaning as in section 212. [PL 2017, c. 409, Pt. A, §6 (NEW).] 2. Testing and sampling for product quality control. A licensee shall submit to the sampling and testing of adult use marijuana or adult use marijuana products within its possession, upon demand and without notice during all business hours by the department for the purposes of product quality control. The department shall adopt rules governing the sampling and testing of adult use marijuana and adult use marijuana products under this subsection, consistent with the requirements of subchapter 6. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Explained:

The following recreational marijuana products are authorized for sale for marijuana businesses:

• adult-use marijuana.

• adult-use marijuana products and marijuana paraphernalia.

• Immature marijuana plants and seedlings.

• Consumable products not containing marijuana, like soda, candy, and baked goods.

• Non-consumable products like apparel.

The following are prohibited:

• Giving away adult-use marijuana, mature plants, or consumable products containing tobacco or alcohol that don’t contain marijuana.

• Excluding nonedible adult-use marijuana products that don’t contain THC, sell to any person in any individual marijuana sales transaction an amount of adult-use marijuana, adult-use marijuana products, or immature marijuana plants or seedlings that exceeds the personal adult-use limitations.

• Selling using a vending machine, drive-through window, internet-based sales platform, or delivery service.

• Selling to visibly intoxicated individuals.

Rules for operation:

• Products must meet packaging and labeling requirements.

• Sellers must verify the buyer is 21 years of age by checking their valid, government-issued driver's license or other acceptable photo identification. Individuals under 21 may not enter the facility.

• Recreational marijuana and medical use marijuana cannot be sold in the same facility.

• Recreational marijuana may be transported between the licensed premise and any other licensed marijuana establishment by the licensee or an employee of the licensee, who must document all transportation.

• Employees must be 21 years of age or older.

• Employees who are qualifying patients may privately consume medical marijuana within the licensed premises. Otherwise, employees can only use recreational cannabis on private property for personal use.

• Employees and customers cannot use recreational marijuana on the premises or while acting within the scope of employment.

• The license must be displayed at all times.

• Contractors like electricians and plumbers can enter limited access areas without showing an ID, as long as they’re supervised when in the presence of marijuana products.

• Areas of ingress and egress from limited access areas must be clearly marked.

• Records must be kept for the current tax year and the 5 preceding years. They must be available for inspection at all times. Audits may be performed, and that cost is covered by the licensee. Inspections may also be performed.

• Licensees must submit to the sampling and testing of marijuana and marijuana products upon demand.

Law #5: Purchase limits

Law: §1501. Personal adult use of marijuana and marijuana products 1. Authorized conduct. Except as otherwise authorized by this Title, a person 21 years of age or older may: A. Use, possess or transport marijuana paraphernalia; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. Use, possess or transport at any one time up to 2 1/2 ounces of marijuana or 2 1/2 ounces of a combination of marijuana and marijuana concentrate that includes no more than 5 grams of marijuana concentrate; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. Transfer or furnish, without remuneration, to a person 21 years of age or older up to 2 1/2 ounces of marijuana or 2 1/2 ounces of a combination of marijuana and marijuana concentrate that includes no more than 5 grams of marijuana concentrate; [PL 2017, c. 409, Pt. A, §6 (NEW).] D. Transfer or furnish, without remuneration, to a person 21 years of age or older up to 6 immature marijuana plants or seedlings; [PL 2017, c. 409, Pt. A, §6 (NEW).] E. Subject to the requirements and restrictions of section 1502, possess, cultivate or transport at any one time up to 3 mature marijuana plants, 12 immature marijuana plants and an unlimited number of seedlings and possess all the marijuana produced by such plants at the person's place of residence or at the location where the marijuana was cultivated; [PL 2017, c. 409, Pt. A, §6 (NEW).] F. Subject to the limitations imposed under paragraph B, purchase up to 2 1/2 ounces of adult use marijuana or 2 1/2 ounces of a combination of adult use marijuana and marijuana concentrate that includes no more than 5 grams of marijuana concentrate from a marijuana store; and [PL 2017, c. 409, Pt. A, §6 (NEW).] G. Subject to the limitations imposed under paragraph E, purchase up to 12 immature marijuana plants or seedlings from a nursery cultivation facility as described in section 301, subsection 5 or from a marijuana store.

Explained:

• Adult users can use, possess, and transport up to 2.5 ounces of marijuana and concentrate (with no more than 5 grams of concentrate) at a time. That same amount can be transferred to others of age without any remuneration.

• Users can cultivate or transport up to 3 mature plants, 12 immature plants, or unlimited seedlings.

Disclaimer: The material contained on this website and any attached or referenced pages has been compiled by Flowhub for informational purposes only. It is not intended to be and is not considered to be legal advice. This post is current as of 10/14/2021. Cannabis regulations are rapidly changing, and legal advice of any nature should be sought from legal counsel.