Signed by Governor Janet Mills

Vote Smart's Synopsis:

Vote to pass a bill that establishes several changes to the Marijuana Legalization Act primarily regarding licenses.

Highlights:

• Requires the department to request from applicants with conditional licenses, information needed for the department to decide whether the applicant is continuing to meet all applicable requirements for conditional licensure, before being able to grant active licenses (Sec. 2).

• Authorizes the department to refuse to issue an active license to any applicant if the department determines the applicant does not meet all applicable requirements for conditional licensure (Sec. 2).

• Establishes that the department will adopt rules concerning the provisional licensure, licensure, and certification and accreditation of testing facilities (Sec. 3).

• Authorizes licensees to allow an individual to go in or remain in any limited access area without showing an individual identification card if the individual is a contractor of the licensee and their work does not include the handling of marijuana or marijuana products, the individual signs a visitor entry log and is given a visitor identification badge, and the individual is supervised at all times by the licensee or their employee when the individual is working in an area with immediate access to marijuana or marijuana products (Sec. 4).

• Requires licensees to clearly mark all entrances to and exits from limited access areas within the licensed premises, and to make sure that individuals cannot be let in without first showing their individual identification card issued by the department (Sec. 4).

• Establishes that not all products need a universal symbol stamped or embossed on them if so determined by the department (Sec. 5).

• Authorizes the department to put an administrative hold on a licensee if, as a consequence of an inspection or investigation of the licensee by the department or a criminal justice agency, the department decides there are reasonable grounds to believe that the licensee or an agent or employee of the licensee has violated or is violating the provisions of this chapter, the rules adopted pursuant to this chapter, or the terms, conditions, or provisions of the licensee’s license (Sec. 6).

• Requires the department to give a licensee with an administrative hold notice of the hold, which must (Sec. 6):

• Include a concise statement of the reasons behind the administrative hold;

• Discuss the marijuana, marijuana products, or marijuana plants subject to the administrative hold;

• Explain any operational restrictions on the licensee’s license during the administrative hold; and

• Elaborate on actions that the licensee has to take due to the administrative hold.

• Specifies that the administrative hold begins at the time the licensee is notified of the requirements detailed in the preceding highlight (Sec. 6).

• Requires a licensee with an administrative hold on specific marijuana, marijuana products, or marijuana plants, to physically segregate them from any other marijuana, marijuana products, or marijuana plants not on administrative hold (Sec. 6).

• Specifies that the licensee, unless specifically restricted by the department pursuant to a notice, can cultivate, manufacture, test, or sell any marijuana, marijuana products, or marijuana plants not on administrative hold and applicable to the licensee’s license type (Sec. 6).

• Prohibits administrative holds from exceeding 30 consecutive days from the date the notice is given to the licensee (Sec. 6).

• Authorizes the department to impose a monetary penalty on a licensee that was subject to a hold, or suspend or revoke the licensee’s license for a violation regarding the provisions of this chapter, the rules adopted pursuant to this chapter, or the terms, conditions, or provisions of the licensee’s license (Sec. 6).

Full Bill Text