An Act to Protect the Health of Medical Cannabis Patients and Streamline the Mandatory Testing of Cannabis

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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 104
H.P. 69 House of Representatives, January 8, 2025
An Act to Protect the Health of Medical Cannabis Patients and
Streamline the Mandatory Testing of Cannabis
Submitted by the Department of Administrative and Financial Services pursuant to Joint
Rule 204.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MALON of Biddeford.

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1Be it enacted by the People of the State of Maine as follows:
2PART A
3Sec. A-1. 22 MRSA §2421-A, sub-§1-A is enacted to read:
41-A. Batch. "Batch" means a specific quantity of cannabis flower, cannabis trim,
5 cannabis concentrate or cannabis products harvested or manufactured at the same time
6 under the same conditions using the same process or procedure.
7Sec. A-2. 22 MRSA §2421-A, sub-§1-B is enacted to read:
81-B. Cannabis. "Cannabis" means the leaves, stems, flowers and seeds of a cannabis
9 plant, whether growing or not. "Cannabis" includes cannabis concentrate but does not
10 include hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D or a cannabis
11 product.
12Sec. A-3. 22 MRSA §2421-A, sub-§3-A is enacted to read:
133-A. Cannabis flower. "Cannabis flower" means the pistillate reproductive organs of
14 a mature cannabis plant, whether processed or unprocessed, including the flowers and buds
15 of the plant. "Cannabis flower" includes prerolled cannabis cigarettes. "Cannabis flower"
16 does not include cannabis trim or whole mature cannabis plants or the flower of hemp as
17 defined in Title 7, section 2231, subsection 1‑A, paragraph D.
18Sec. A-4. 22 MRSA §2421-A, sub-§8, as enacted by PL 2023, c. 679, Pt. A, §3, is
19 repealed and the following enacted in its place:
208. Cannabis testing facility. "Cannabis testing facility" means:
21 A. A facility that is licensed pursuant to Title 28-B, chapter 1 to operate a testing
22 facility; or
23 B. A laboratory that is accredited pursuant to standard ISO/IEC 17025 of the
24 International Organization for Standardization by a 3rd-party accrediting body,
25 registered in accordance with this chapter, and certified in accordance with section 569
26 to accept and test harvested cannabis for all contaminants and cannabinoids required
27 by section 2429-E.
28Sec. A-5. 22 MRSA §2421-A, sub-§9-A is enacted to read:
299-A. Cannabis trim. "Cannabis trim" means any part of a cannabis plant, whether
30 processed or unprocessed, that is not cannabis flower or a cannabis seed, except that
31 "cannabis trim" does not include the stalks or roots of the cannabis plant. "Cannabis trim"
32 does not include any part of a hemp plant as defined in Title 7, section 2231, subsection
331‑A, paragraph D.
34Sec. A-6. 22 MRSA §2421-A, sub-§27-A is enacted to read:
3527-A. Matrix. "Matrix" means, as applicable to the testing of harvested cannabis, the
36 form in which the harvested cannabis is at the time it is subject to mandatory testing in
37 accordance with this chapter. "Matrix" includes the following categories of harvested
38 cannabis:
39 A. Cannabis flower and cannabis trim, including prerolled cannabis cigarettes;
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1 B. Cannabis concentrate, including concentrates extracted using solvents, as well as
2 solventless extraction methods; and
3 C. Cannabis product.
4Sec. A-7. 22 MRSA §2421-A, sub-§45-A is enacted to read:
545-A. Remediation. "Remediation" means a process by which a registrant mitigates
6 or otherwise removes a contaminant from a batch of harvested cannabis that has failed
7 mandatory testing due to the presence of the contaminant. "Remediation" includes without
8 limitation the application of heat, radiation or ozone; solvent extraction; or further drying
9 and curing. "Remediation" does not include the dilution of contaminants through the
10 addition of uncontaminated material to batches of harvested cannabis that are
11 contaminated.
12Sec. A-8. 22 MRSA §2421-A, sub-§51-A is enacted to read:
1351-A. Testing or test. "Testing" or "test" means the research and analysis of cannabis,
14 cannabis products or other substances for contaminants, safety or potency. "Testing" or
15 "test" includes the collection of samples of cannabis or cannabis products for testing
16 purposes, but does not include cultivation or manufacturing.
17Sec. A-9. 22 MRSA §2421-A, sub-§51-B is enacted to read:
1851-B. THC. "THC" means tetrahydrocannabinol.
19Sec. A-10. 22 MRSA §2423-A, sub-§2, ¶M, as repealed and replaced by PL 2019,
20 c. 331, §11 and amended by PL 2021, c. 669, §5, is repealed.
21Sec. A-11. 22 MRSA §2423-A, sub-§10, as amended by PL 2023, c. 646, Pt. A,
22 §25 and c. 679, Pt. A, §7, is repealed.
23Sec. A-12. 22 MRSA §2423-A, sub-§12, as repealed and replaced by PL 2019, c.
24 331, §15 and amended by PL 2021, c. 669, §5, is repealed.
25Sec. A-13. 22 MRSA §2423-F, sub-§4, ¶C, as repealed and replaced by PL 2019,
26 c. 331, §17 and amended by PL 2021, c. 669, §5, is further amended to read:
27 C. May transfer samples to a cannabis testing facility for testing and research purposes;
28Sec. A-14. 22 MRSA §2423-F, sub-§4, ¶D, as repealed and replaced by PL 2019,
29 c. 331, §17 and amended by PL 2021, c. 669, §5, is repealed.
30Sec. A-15. 22 MRSA §2423-F, sub-§5, ¶C, as repealed and replaced by PL 2019,
31 c. 331, §17 and amended by PL 2021, c. 669, §5, is further amended to read:
32 C. May transfer samples to a cannabis testing facility for testing and research purposes;
33Sec. A-16. 22 MRSA §2423-F, sub-§5, ¶D, as repealed and replaced by PL 2019,
34 c. 331, §17 and amended by PL 2021, c. 669, §5, is repealed.
35Sec. A-17. 22 MRSA §2423-G is enacted to read:
36§2423-G. Testing program established
37 The office shall establish a testing program for harvested cannabis. The program must
38 require a registered caregiver, registered dispensary or manufacturing facility, prior to
39 selling, distributing or transferring harvested cannabis to a qualifying patient, or to an
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40 individual on behalf of a qualifying patient, to submit the harvested cannabis to a cannabis
41 testing facility registered in accordance with this chapter for testing to ensure that the
42 harvested cannabis does not exceed the maximum level of allowable contamination for any
43 contaminant that is injurious to health and for which testing is required and to ensure
44 accurate labeling. The office may adopt rules necessary for the administration of the testing
45 program established pursuant to this section, including without limitation rules identifying
46 the contaminants that are injurious to health and for which harvested cannabis must be
47 tested under this chapter and rules regarding the maximum level of allowable
48 contamination for each contaminant. Rules adopted pursuant to this section are routine
49 technical rules as defined in Title 5, chapter 375, subchapter 2-A. The office may,
50 alternatively, require registrants pursuant to this chapter to comply with any rules and
51 standards established for cannabis testing under Title 28-B, chapter 1.
13Sec. A-18. 22 MRSA §2423-H is enacted to read:
14§2423-H. Cannabis testing facilities requirements
151. Testing requirements. The following requirements are applicable to the operation
16 of a cannabis testing facility registered in accordance with this chapter to conduct
17 mandatory and other testing on harvested cannabis.
18 A. A cannabis testing facility that is licensed pursuant to Title 28-B, chapter 1 to test
19 cannabis and cannabis products for harmful contaminants and cannabinoid profiles
20 may be issued a registration certificate to operate a cannabis testing facility under this
21 chapter, as long as the licensed cannabis testing facility is in good standing with the
22 office and the request for a registration certificate is submitted on forms provided by
23 the office. There is no fee for a registration certificate issued to a cannabis testing
24 facility licensed under Title 28-B, chapter 1. All employees of the cannabis testing
25 facility that conduct mandatory testing on harvested cannabis shall obtain from the
26 office a registry identification card in accordance with section 2425-A.
27 B. A person that is not licensed under Title 28-B, chapter 1 to operate a cannabis testing
28 facility may apply for a registration certificate to operate a cannabis testing facility
29 under this chapter in accordance with the requirements of section 2425-A. The office
30 may not issue a registration certificate to a person pursuant to this paragraph and
31 section 2425-A unless the applicant also demonstrates that:
32 (1) The applicant has obtained accreditation pursuant to standard ISO/IEC 17025
33 of the International Organization for Standardization by a 3rd-party accrediting
34 body for all fields of mandatory testing, in all matrices, required under this chapter;
35 (2) The applicant has obtained certification by the Maine Center for Disease
36 Control and Prevention in accordance with section 569 for all fields of mandatory
37 testing, in all matrices, required under this chapter;
38 (3) The applicant and, if a business entity, anyone with a financial or other interest
39 in the applicant, is not a caregiver, registered caregiver or an officer or director of
40 a registered dispensary or manufacturing facility; and
41 (4) The applicant has obtained local authorization in accordance with section
42 2429-D from the municipality where the cannabis testing facility will be located.
43 C. A cannabis testing facility registered in accordance with this chapter is authorized
44 to:
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3
4
5
6
7
8
9
10
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1 (1) Accept and possess samples of harvested cannabis for mandatory testing from
2 registrants;
3 (2) Accept and possess samples of harvested cannabis for other testing from
4 registrants, qualifying patients and members of the public;
5 (3) Test samples of harvested cannabis for mandatory and other testing and report
6 the results of such testing to the registrant, qualifying patient or member of the
7 public that submitted the samples for testing;
8 (4) Report the results of any mandatory and other testing conducted pursuant to
9 this chapter to the office;
10 (5) Test samples of harvested cannabis that are submitted for retesting after a failed
11 mandatory test and report the results of retesting to the registrant, qualifying patient
12 or member of the public that submitted the samples for retesting and to the office;
13 and
14 (6) Hire any number of cardholders necessary to conduct analyses in accordance
15 with this chapter.
162. Rules. The office may adopt rules regarding the registration, certification,
17 accreditation and operation of cannabis testing facilities authorized under this chapter,
18 including, but not limited to, rules establishing acceptable testing and research practices for
19 cannabis testing facilities, including, but not limited to, provisions relating to testing
20 practices, methods and standards; remediation and retesting procedures; quality control
21 analysis; equipment certification and calibration; chemical identification; testing facility
22 record-keeping, documentation and business practices; disposal of used, unused and waste
23 cannabis and cannabis products; and reporting of test results. Rules adopted pursuant to
24 this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
25 The office may, alternatively, require cannabis testing facilities registered pursuant to this
26 chapter to comply with any rules and standards established for cannabis testing facilities
27 licensed under Title 28-B, chapter 1.
28Sec. A-19. 22 MRSA §2425-A, first ¶, as enacted by PL 2017, c. 452, §12 and
29 amended by PL 2021, c. 669, §5, is further amended to read:
30 This section governs registry identification cards and registration certificates, except
31 that registration of manufacturing facilities and persons authorized to engage in cannabis
32 extraction is governed by section 2423‑F and registration of cannabis testing facilities is
33 governed by section 2423‑A, subsection 10 2423-H.
34Sec. A-20. 22 MRSA §2425-A, sub-§2, as enacted by PL 2017, c. 452, §12, is
35 amended to read:
362. Required registration. A caregiver, other than a caregiver operating under section
372423‑A, subsection 3, paragraph C, and an officer or director or assistant of a dispensary
38 or a caregiver registrant, other than a caregiver operating under section 2423‑A, subsection
39 3, paragraph C, shall obtain a registry identification card in accordance with subsections 3,
40 4 and 5. A long-term care facility designated by a qualifying patient pursuant to section
412423‑A, subsection 1, paragraph F‑1, subparagraph (2) and a dispensary or a cannabis
42 testing facility shall obtain a registration certificate in accordance with subsections 6, 7 and
43 8.
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1Sec. A-21. 22 MRSA §2425-A, sub-§6, as enacted by PL 2017, c. 452, §12, is
2 amended to read:
36. Application for registration certificate; qualifications. The department office
4 shall register and issue a registration certificate to an applicant who submits a complete
5 application that meets the requirements of this subsection. An application must include, as
6 applicable:
7 A. The annual fee required pursuant to subsection 10;
8 B. Evidence of the applicant's registration with the Secretary of State and evidence
9 that the applicant is in good standing with the Secretary of State; and
10 C. The name, address and date of birth of each officer or director of the applicant. ;
11 D. For applicants for a dispensary registration certificate, plans for compliance with
12 the requirements of section 2428; and
13 E. For applicants for a cannabis testing facility registration certificate, demonstration
14 that the applicant is in compliance with the requirements of section 2423-H.
15Sec. A-22. 22 MRSA §2428, sub-§1-A, ¶G, as repealed and replaced by PL 2019,
16 c. 331, §25 and amended by PL 2021, c. 669, §5, is repealed.
17Sec. A-23. 22 MRSA §2429-A, sub-§1, ¶C, as enacted by PL 2017, c. 452, §18
18 and amended by PL 2021, c. 669, §5, is further amended to read:
19 C. Packaged in a container with an integral measurement component and child-
20 resistant cap if the cannabis product is a multiserving liquid; and
21Sec. A-24. 22 MRSA §2429-A, sub-§1, ¶C-1 is enacted to read:
22 C-1. Packaged in a manner that does not introduce harmful contaminants to the
23 harvested cannabis after it has passed mandatory testing required under this chapter;
24 and
25Sec. A-25. 22 MRSA §2429-A, sub-§3, as enacted by PL 2017, c. 452, §18 and
26 amended by PL 2021, c. 669, §5, is further amended to read:
273. Labels. If a A registered caregiver, registered dispensary or manufacturing facility
28 affixes shall affix a label on the packaging of any harvested cannabis provided to a
29 qualifying patient, and that label includes must include information about contaminants,
30 the cannabinoid profile or and potency of the harvested cannabis , the label and must be
31 verified by a cannabis testing facility. This subsection does not apply if there is no cannabis
32 testing facility operating in accordance with section 2423‑A, subsection 10.
33Sec. A-26. 22 MRSA §2429-A, sub-§5 is enacted to read:
345. Health and safety rules. The office shall adopt labeling, packaging and other
35 necessary health and safety rules for harvested cannabis to be sold or transferred by a
36 registrant to a qualifying patient in accordance with this chapter. Rules adopted pursuant
37 to this subsection must establish mandatory health and safety standards applicable to the
38 packaging and labeling of harvested cannabis sold or transferred by a registrant to a
39 qualifying patient. Such rules must address, but are not limited to, sanitary standards for
40 cannabis establishments that cultivate, manufacture or package harvested cannabis for sale
41 or transfer to qualifying patients after the harvested cannabis has passed all mandatory
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42 testing for contaminants required by this chapter. Rules adopted pursuant to this section are
43 routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
3Sec. A-27. 22 MRSA §2429-E is enacted to read:
4§2429-E. Mandatory testing
5 A registered caregiver, dispensary or manufacturing facility may not sell, distribute or
6 transfer harvested cannabis to a qualifying patient, or to an individual on behalf of a
7 qualifying patient, unless the harvested cannabis has been tested pursuant to this chapter,
8 and that testing demonstrates that the harvested cannabis does not exceed the maximum
9 level of allowable contamination for any contaminant for which testing is required, as
10 applicable, based upon the matrix the harvested cannabis is intended to be used by a
11 qualifying patient. The office may require testing for some analytes in some matrices before
12 the harvested cannabis is further processed, manufactured or combined to ensure that
13 contaminants that are injurious to health do not contaminate other batches of harvested
14 cannabis. All cannabis concentrates used to manufacture cannabis products in accordance
15 with this chapter must be tested in accordance with subsection 3 or 4 prior to being used to
16 manufacture a cannabis product or a prerolled cannabis cigarette infused with cannabis
17 concentrate.
18 The office may temporarily waive mandatory testing requirements under this section
19 for any contaminant or factor for which the office has determined that there exists no
20 cannabis testing facility in the State capable of and authorized to perform such testing.
211. Scope of mandatory testing generally. Mandatory testing of harvested cannabis
22 under this section must include, but is not limited to, testing for:
23 A. Residual solvents, poisons and toxins;
24 B. Metals;
25 C. Dangerous molds and mildew, including mycotoxins, as applicable;
26 D. Harmful microbes, including, but not limited to, Escherichia coli and Salmonella;
27 E. Pesticides, fungicides and insecticides;
28 F. Water activity, for harvested cannabis except cannabis concentrate; and
29 G. THC potency, homogeneity and cannabinoid profiles.
302. Scope of mandatory testing for cannabis flower and cannabis trim. Cannabis
31 flower and cannabis trim, including prerolled cannabis cigarettes and cannabis flower or
32 trim that has been mixed with cannabis concentrate, must be tested for:
33 A. Metals;
34 B. Dangerous molds and mildew. Testing for mycotoxins is mandatory if the batch
35 fails mandatory testing for dangerous molds and mildew and is subsequently retested;
36 C. Harmful microbes;
37 D. Pesticides, fungicides and insecticides;
38 E. Water activity; and
39 F. THC potency and cannabinoid profiles.
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13. Scope of mandatory testing for cannabis concentrate extracted using solvents
2other than water. Cannabis concentrate that has been extracted using solvents other than
3 water must be tested for:
4 A. Residual solvents, poisons and toxins;
5 B. Metals;
6 C. Pesticides, fungicides and insecticides;
7 D. Mycotoxins; and
8 E. THC potency, homogeneity and cannabinoid profiles.
94. Scope of mandatory testing for cannabis concentrate extracted without the use
10of solvents other than water. Cannabis concentrate that has been extracted without the
11 use of solvents other than water must be tested for:
12 A. Metals;
13 B. Dangerous molds and mildew. Testing for mycotoxins is mandatory if the batch
14 fails mandatory testing for dangerous molds and mildew and is subsequently retested;
15 C. Harmful microbes;
16 D. Pesticides, fungicides and insecticides; and
17 E. THC potency, homogeneity and cannabinoid profiles.
185. Scope of mandatory testing for cannabis products. Cannabis products, including
19 edible cannabis products, must be tested for:
20 A. Dangerous molds and mildew. Testing for mycotoxins is mandatory if the batch
21 fails mandatory testing for dangerous molds and mildew and is subsequently retested;
22 B. Harmful microbes, including, but not limited to, Escherichia coli and Salmonella;
23 C. Water activity, except that edible cannabis products that are preserved by
24 refrigeration are not required to be tested for water activity; and
25 D. THC potency, homogeneity and cannabinoid profiles.
266. Record keeping. A registrant shall maintain a record of all mandatory testing that
27 includes a description of the harvested cannabis provided to the cannabis testing facility,
28 the identity of the cannabis testing facility and the results of the mandatory test. The results
29 of all mandatory tests conducted by a cannabis testing facility must be recorded in
30 accordance with the record-keeping and inventory tracking requirements of section 2430-J.
317. Sample collection, testing process, protocols and standards. The office may
32 establish by rule processes, protocols and standards for the collection of samples for
33 mandatory testing and for the mandatory and other testing of harvested cannabis that
34 conform with the best practices generally used to sample the applicable matrices and test
35 for the presence or absence of the contaminants identified in this section based upon the
36 matrix of the harvested cannabis tested. Rules adopted pursuant to this section are routine
37 technical rules as defined in Title 5, chapter 375, subchapter 2-A. The office may,
38 alternatively, require registrants to comply with any rules and standards established for
39 testing cannabis under Title 28-B, chapter 1.
40Sec. A-28. 22 MRSA §2429-F is enacted to read:
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1§2429-F. Notification requirements
21. Notification of testing results required. If the results of a mandatory test
3 conducted pursuant to section 2429-E indicate that the harvested cannabis exceeds the
4 maximum level of allowable contamination for any contaminant that is injurious to health
5 and for which testing is required, the cannabis testing facility shall immediately notify the
6 office and the registered caregiver, dispensary or manufacturing facility that submitted the
7 samples for mandatory testing of the failed test. If a registered caregiver, dispensary or
8 manufacturing facility successfully undertakes remediation and retesting of harvested
9 cannabis, the cannabis testing facility shall notify the office of the subsequent passed
10 mandatory testing.
112. Notification of testing results not required. A cannabis testing facility is not
12 required to notify the office of the results of any test conducted on:
13 A. Harvested cannabis at the direction of a registered caregiver, dispensary or
14 manufacturing facility pursuant to section 2429-E that demonstrates that the harvested
15 cannabis does not exceed the maximum level of allowable contamination for any
16 contaminant that is injurious to health and for which testing is required;
17 B. Harvested cannabis at the direction of a registered caregiver, dispensary or
18 manufacturing facility for research and development purposes only, as long as the
19 registered caregiver, dispensary or manufacturing facility notifies the cannabis testing
20 facility prior to the performance of the test that the testing is for research and
21 development purposes only;
22 C. Harvested cannabis at the direction of a person who is not a registered caregiver,
23 dispensary or manufacturing facility; or
24 D. A substance that is not harvested cannabis.
25Sec. A-29. 22 MRSA §2429-G is enacted to read:
26§2429-G. Sampling for testing
271. Sample collecting rules. A registered caregiver, an assistant of a registered
28 caregiver, a dispensary, a manufacturing facility, a sample collector licensed pursuant to
29 Title 28-B, chapter 1 or an employee of a sample collector or cannabis testing facility
30 licensed pursuant to Title 28-B, chapter 1 may collect samples of harvested cannabis for
31 mandatory testing. The office may adopt rules regarding the collection of samples of
32 harvested cannabis for mandatory testing by a registered caregiver, an assistant of a
33 registered caregiver, a dispensary, a manufacturing facility, a sample collector licensed
34 pursuant to Title 28-B, chapter 1 or an employee of a sample collector or cannabis testing
35 facility licensed pursuant to Title 28-B, chapter 1, which may include, but are not limited
36 to:
37 A. The establishment of sample collecting processes, protocols and standards, which
38 must be complied with by any person collecting samples of harvested cannabis for
39 mandatory testing purposes;
40 B. Requirements for a registered caregiver, an assistant of a registered caregiver, a
41 dispensary or a manufacturing facility to demonstrate that sample collector's sample
42 collecting practices to ensure compliance with paragraph A;
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1 C. Provisions authorizing the office to conduct audits of harvested cannabis that was
2 tested using samples collected by a registered caregiver, an assistant of a registered
3 caregiver, a dispensary or a manufacturing facility pursuant to this section, with all
4 costs of the audits to be paid for by the registered caregiver, assistant of a registered
5 caregiver, dispensary or manufacturing facility subject to an audit of that sample
6 collector's sample collecting practices;
7 D. Provisions authorizing the office to take samples of harvested cannabis from a
8 registrant, including from a retail location maintained by a registrant, for testing by a
9 cannabis testing facility to audit or verify mandatory test results issued by the cannabis
10 testing facility, with all costs of the testing to be paid for by the registrant;
11 E. Provisions authorizing the office to conduct interlaboratory proficiency testing to
12 ensure cannabis testing facility compliance with testing program requirements and to
13 ensure the quality, consistency and reliability of mandatory testing conducted by
14 cannabis testing facilities authorized pursuant to this chapter;
15 F. Requirements for the transportation, delivery and transfer of samples of harvested
16 cannabis collected by a registered caregiver, an assistant of a registered caregiver, a
17 dispensary or a manufacturing facility to a cannabis testing facility, which must require
18 the in-person transfer of the samples by the registered caregiver, the assistant of a
19 registered caregiver, the dispensary or the manufacturing facility to a cannabis testing
20 facility licensed pursuant to Title 28-B, chapter 1; and
21 G. A prohibition on the intentional tampering with or interference in the mandatory
22 testing process or auditing process, including failure of any audit conducted in
23 accordance with paragraph C, by a registered caregiver, an assistant of a registered
24 caregiver, a dispensary or a manufacturing facility, which, notwithstanding any
25 provision of this chapter to the contrary, may be treated by the office as constituting a
26 violation of program requirements and as a basis for imposition of a penalty pursuant
27 to section 2430-I, subsection 2, as applicable.
282. Samples for investigation. This section may not be construed to limit the authority
29 of the office to take samples of harvested cannabis pursuant to an investigation by the office
30 into the conduct of a registrant or a registrant's agent.
313. Rules. Rules adopted pursuant to this section are routine technical rules as defined
32 in Title 5, chapter 375, subchapter 2-A.
33Sec. A-30. 22 MRSA §2429-H is enacted to read:
34§2429-H. Additional testing not required
35 Notwithstanding section 2429-F, a registered caregiver, an assistant of a registered
36 caregiver, a dispensary or a manufacturing facility may sell, transfer or otherwise furnish
37 to a qualifying patient or caregiver or to another registered caregiver, assistant of a
38 registered caregiver, dispensary or manufacturing facility harvested cannabis that the
39 registered caregiver, assistant of a registered caregiver, dispensary or manufacturing
40 facility has not submitted for testing in accordance with this chapter if:
411. Prior testing. The harvested cannabis has previously undergone all required testing
42 in accordance with this chapter at the direction of another registered caregiver, assistant of
43 a registered caregiver, dispensary or manufacturing facility and that testing demonstrated
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44 that the harvested cannabis does not exceed the maximum level of allowable contamination
45 for any contaminant that is injurious to health and for which testing is required;
32. Proper documentation. The mandatory testing process and the test results for the
4 harvested cannabis are documented in accordance with the requirements of this chapter;
53. Tracking maintained. Tracking from immature cannabis plant to the point of sale
6 or transfer to a qualifying patient, or another individual on behalf of a qualifying patient,
7 has been maintained for the harvested cannabis and transfers of the harvested cannabis to
8 another registered caregiver, assistant of a registered caregiver, dispensary or
9 manufacturing facility or to a qualifying patient or caregiver on behalf of a qualifying
10 patient can be readily identified; and
114. No subsequent processing, manufacturing or alteration. Since the performance
12 of the prior testing under subsection 1, the harvested cannabis has not undergone any
13 further processing, manufacturing or alteration other than the packaging and labeling of the
14 harvested cannabis in accordance with this chapter.
15Sec. A-31. 22 MRSA §2430-J, as enacted by PL 2023, c. 365, §21, is amended to
16 read:
17§2430-J. Reporting; record keeping; labels Records; inventory tracking information
18 The department office shall develop, implement and maintain administer a statewide
19 electronic portal inventory tracking system through which registered caregivers, registered
20 dispensaries, cannabis testing facilities and manufacturing facilities may shall submit to the
21 department office the electronic records required pursuant to this chapter. Registrants of
22 the inventory tracking system shall pay all costs and fees associated with the use of the
23 inventory tracking system and all other costs associated with the keeping of records
24 required in this section. The department office may not require records submitted through
25 the portal maintained in the inventory tracking system to contain information identifying
26 qualifying patients or their providers.
271. Required records. A registered caregiver, a registered dispensary, a cannabis
28 testing facility and a manufacturing facility shall:
29 A. Keep a record of all transfers of cannabis plants and harvested cannabis from
30 immature cannabis plant to the point of sale or transfer to a qualifying patient, return,
31 disposal or destruction; and
32 B. Keep the books and records for a period of 4 6 years; and.
33 C. Make the books and records maintained under this subsection available for
34 inspection by the department upon the department's request.
352. Required label. A registered caregiver, registered dispensary, cannabis testing
36 facility and manufacturing facility shall accompany all cannabis plants and harvested
37 cannabis being transported pursuant to this chapter with a label that identifies:
38 A. The person transferring the cannabis plants or harvested cannabis, including the
39 person's registry identification number;
40 B. The person receiving the cannabis plants or harvested cannabis, including the
41 person's registry identification number or, if the person is not required to register under
42 this chapter, a unique identifier assigned to the person;
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1 C. A description of the cannabis plants or harvested cannabis being transferred,
2 including the amount and form;
3 D. The time and date of the transfer; and
4 E. The destination of the cannabis plants or harvested cannabis.
5 The department may adopt rules to implement this subsection. Rules adopted pursuant to
6 this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter
72‑A.
82-A. Required inventory tracking information. Registrants of the inventory
9 tracking system shall submit to the office by 11:59 p.m. every day the following
10 information through the inventory tracking system:
11 A. A complete inventory of all cannabis plants and harvested cannabis cultivated,
12 manufactured, stored or otherwise within the possession or control of the registrant;
13 B. A record of all transfers of cannabis plants or harvested cannabis transferred to or
14 from the registrant that includes, at a minimum:
15 (1) The person transferring the cannabis plants or harvested cannabis, including
16 the person's registry identification number;
17 (2) The person receiving the cannabis plants or harvested cannabis, including the
18 person's registry identification number or, if the person is not required to register
19 under this chapter, a unique identifier assigned to the person.
20 A registrant transferring cannabis or harvested cannabis to a person who is not
21 required to register under this chapter shall maintain and produce to the office upon
22 request a list that identifies the unique identifier and the person to whom that
23 identifier is assigned;
24 (3) A description of the cannabis plants or harvested cannabis being transferred,
25 including the amount and form;
26 (4) The time and date of the transfer; and
27 (5) The destination of the cannabis plants or harvested cannabis; and
28 C. A record of all mandatory test results for each batch of harvested cannabis offered
29 to qualifying patients.
30 This subsection may not be construed to require a registrant to resubmit inventory tracking
31 information to the office if no changes have been made to the inventory maintained by the
32 registrant.
33 The office may adopt rules to implement this section, including, but not limited to,
34 rules regarding the process and content of records to be submitted and the frequency with
35 which records must be submitted, as well as rules regarding enforcement of the inventory
36 tracking requirements of this chapter. Rules adopted pursuant to this paragraph are routine
37 technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
38PART B
39Sec. B-1. 28-B MRSA §102-A, sub-§12, as enacted by PL 2023, c. 679, Pt. B, §3,
40 is amended to read:
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112. Cannabis flower. "Cannabis flower" means the pistillate reproductive organs of
2 a mature cannabis plant, whether processed or unprocessed, including the flowers and buds
3 of the plant. "Cannabis flower" includes prerolled cannabis cigarettes. "Cannabis flower"
4 does not include cannabis trim or whole mature cannabis plants or the flower of hemp as
5 defined in Title 7, section 2231, subsection 1‑A, paragraph D.
6Sec. B-2. 28-B MRSA §102-A, sub-§40-A is enacted to read:
740-A. Matrix. "Matrix" means, as applicable to the testing of adult use cannabis or
8 adult use cannabis products, the form in which the adult use cannabis or adult use cannabis
9 product is at the time it is subject to mandatory testing in accordance with this chapter.
10 "Matrix" includes the following categories of adult use cannabis and adult use cannabis
11 products:
12 A. Cannabis flower and cannabis trim, including prerolled cannabis cigarettes;
13 B. Cannabis concentrate, including concentrates extracted using solvents, as well as
14 solventless extraction methods; and
15 C. Cannabis product.
16Sec. B-3. 28-B MRSA §602, as amended by PL 2023, c. 396, §§12 and 13 and c.
17 679, Pt. B, §§113 to 117, is further amended to read:
18§602. Mandatory testing
19 A licensee may not sell or distribute adult use cannabis or an adult use cannabis product
20 to a consumer under this chapter unless the cannabis or cannabis product has been tested
21 pursuant to this subchapter and the rules adopted pursuant to this subchapter and that
22 mandatory testing has demonstrated that the cannabis or cannabis product does not exceed
23 the maximum level of allowable contamination for any contaminant that is injurious to
24 health and for which testing is required. The office may require testing for some analytes
25 in some matrices before the cannabis or cannabis product is further processed,
26 manufactured or combined to ensure that contaminants that are injurious to health do not
27 contaminate other batches of cannabis or cannabis product. All cannabis concentrates used
28 to manufacture cannabis products in accordance with this chapter must be tested in
29 accordance with subsection 1-C or 1-D prior to being used to manufacture a cannabis
30 product or a prerolled cannabis cigarette infused with cannabis concentrate.
311. Scope of mandatory testing generally. Mandatory testing of adult use cannabis
32 and adult use cannabis products under this section must include, but is not limited to, testing
33 for:
34 A. Residual solvents, poisons and toxins;
35 B. Harmful chemicals Metals;
36 C. Dangerous yeasts, molds and mildew, including mycotoxins, as applicable, as
37 specified in rules adopted by the office;
38 D. Harmful microbes, including, but not limited to, Escherichia coli and salmonella
39 Salmonella;
40 E. Pesticides, fungicides and insecticides; and
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1 F. THC potency, homogeneity and cannabinoid profiles to ensure correct labeling. ;
2 and
3 G. Water activity, except for cannabis concentrate and cannabis products preserved by
4 refrigeration.
5 The office may temporarily waive mandatory testing requirements under this section for
6 any contaminant or factor for which the office has determined that there exists no licensed
7 testing facility in the State capable of and certified to perform such testing.
81-A. Testing of returns. Cannabis and cannabis products returned pursuant to section
9 502, subsection 14 or section 504, subsection 11 may be resold or redistributed without
10 retesting if the tamper-evident packaging indicates that the cannabis or cannabis products
11 have not been tampered with. Cannabis and cannabis products returned by a consumer to
12 any licensee may not be resold.
131-B. Scope of mandatory testing for cannabis flower and cannabis trim. Cannabis
14 flower and cannabis trim, including prerolled cannabis cigarettes and cannabis flower or
15 trim that has been mixed with cannabis concentrate, must be tested for:
16 A. Metals;
17 B. Dangerous molds and mildew. Testing for mycotoxins is mandatory if the batch
18 fails mandatory testing for dangerous molds and mildew and is subsequently retested;
19 C. Harmful microbes;
20 D. Pesticides, fungicides and insecticides;
21 E. Water activity; and
22 F. THC potency and cannabinoid profiles.
231-C. Scope of mandatory testing for cannabis concentrate extracted using
24solvents other than water. Cannabis concentrate that has been extracted using solvents
25 other than water must be tested for:
26 A. Residual solvents, poisons and toxins;
27 B. Metals;
28 C. Pesticides, fungicides and insecticides;
29 D. Mycotoxins; and
30 E. THC potency, homogeneity and cannabinoid profiles.
311-D. Scope of mandatory testing for cannabis concentrate extracted without the
32use of solvents other than water. Cannabis concentrate that has been extracted without
33 the use of solvents other than water must be tested for:
34 A. Metals;
35 B. Dangerous molds and mildew. Testing for mycotoxins is mandatory if the batch
36 fails mandatory testing for dangerous molds and mildew and is subsequently retested;
37 C. Harmful microbes;
38 D. Pesticides, fungicides and insecticides; and
39 E. THC potency, homogeneity and cannabinoid profiles.
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11-E. Scope of mandatory testing for cannabis products. Cannabis products,
2 including edible cannabis products, must be tested for:
3 A. Dangerous molds and mildew. Testing for mycotoxins is mandatory if the batch
4 fails mandatory testing for dangerous molds and mildew and is subsequently retested;
5 B. Harmful microbes, including, but not limited to, Escherichia coli and Salmonella;
6 C. Water activity, except that edible cannabis products that are preserved by
7 refrigeration are not required to be tested for water activity; and
8 D. THC potency, homogeneity and cannabinoid profiles.
92. Record keeping. A licensee shall maintain a record of all mandatory testing that
10 includes a description of the adult use cannabis or adult use cannabis product provided to
11 the testing facility, the identity of the testing facility and the results of the mandatory test.
12 A licensee that chooses to retest any adult use cannabis or adult use cannabis products for
13 potency in accordance with section 503, subsection 4‑A shall maintain a record of all
14 mandatory potency test results.
153. Testing process, protocols and standards. The office shall establish by rule
16 processes, protocols and standards for mandatory and other testing of cannabis and
17 cannabis products that conform with the best practices generally used within the cannabis
18 industry, including, but not limited to, an allowable variance rate for determining the
19 amount or potency of THC or other cannabinoids in edible cannabis products.
20SUMMARY
21 Part A of this bill makes the following changes to the Maine Medical Use of Cannabis
22 Act.
23 1. It defines the terms "batch," "cannabis," "cannabis flower," "cannabis trim,"
24 "matrix," "remediation," "testing" and "THC" and repeals and replaces the definition of
25 "cannabis testing facility."
26 2. It clarifies that only cannabis testing facilities may conduct testing for research and
27 development purposes.
28 3. It establishes a program for the mandatory testing of harvested cannabis.
29 4. It replaces previous authorization for cannabis testing facilities with a provision
30 establishing the cannabis testing facility registration type and identifies additional
31 requirements necessary to obtain a registration certificate to operate a cannabis testing
32 facility.
33 5. It includes cannabis testing facilities in the standard application process for a
34 registration certificate.
35 6. It requires the testing of all harvested cannabis provided to a qualifying patient by a
36 registrant.
37 7. It requires mandatory testing of harvested cannabis for the presence of harmful
38 contaminants and the cannabinoid profiles.
39 8. It requires reporting of mandatory test results to the Department of Administrative
40 and Financial Services, Office of Cannabis Policy and the registrant that submitted samples
41 to a cannabis testing facility for testing.
21
22
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1 9. It establishes sampling requirements and permits the office to take samples for audit
2 testing to verify mandatory test results and to ensure the quality, consistency and reliability
3 of the testing program.
4 10. It identifies the circumstances in which additional mandatory testing is not required
5 before harvested cannabis is provided to a qualifying patient.
6 11. It revises reporting and record-keeping requirements to require records retention
7 for 6 years and to mandate that all registrants report all required inventory information in
8 the statewide inventory tracking system implemented and administered by the office.
9 12. It adds requirements and health and safety rules to the provisions on packaging and
10 labeling.
11 13. It repeals the provision that prohibits certain parties from having financial or other
12 interest in testing facility product labeling.
13 Part B of the bill makes the following changes to the Cannabis Legalization Act.
14 1. It adds a definition of "matrix."
15 2. It identifies what tests for harmful contaminants are mandatory for adult use cannabis
16 and adult use cannabis products based upon the matrix the cannabis or cannabis product is
17 in at the time it is subject to mandatory testing.