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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1063 - L.D. 1609
An Act Regarding Background Checks for Medical Cannabis Providers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2421-A, sub-§16, ¶B, as enacted by PL 2023, c. 679, Pt. A,
§3, is amended to read:
B. If required by the office pursuant to this chapter, the applicant has submitted to a
criminal history record check pursuant to section 2425-B;
Sec. 2. 22 MRSA §2423-A, sub-§4, as amended by PL 2019, c. 501, §12 and PL
2021, c. 669, §5, is further amended to read:
4. Long-term care facility. A qualifying patient may designate a long-term care
facility to assist with the qualifying patient's medical use of cannabis if that use is consistent
with the facility's policy and is pursuant to subsection 1, paragraph F‑1, subparagraph (2).
If a long-term care facility is designated, the facility shall complete the registration process
with the department and obtain a registration certificate for the facility. For a long-term
care facility to be issued a registration certificate, staff persons of the facility who will be
assisting a qualifying patient with the patient's medical use of cannabis in accordance with
this chapter must be at least 21 years of age, must submit to a criminal history record check
pursuant to section 2425-B and may not have been convicted of a disqualifying drug
offense. The long-term care facility and the staff of the facility may not cultivate cannabis
plants for the patient.
Sec. 3. 22 MRSA §2423-A, sub-§10, ¶A, as repealed and replaced by PL 2019, c.
331, §13 and amended by PL 2021, c. 669, §5, is amended to read:
A. A cannabis testing facility that meets the requirements of this subsection and any
rules adopted under paragraph D and submits to a criminal history record check
pursuant to section 2425-B may receive and possess samples from qualifying patients,
caregivers, dispensaries and manufacturing facilities to provide testing for the
cannabinoid profile and potency of the samples and for contaminants in the samples,
including but not limited to mold, mildew, heavy metals, plant regulators and illegal
pesticides. For the purposes of this paragraph, "plant regulator" has the same meaning
as in Title 7, section 604, subsection 26.
APPROVED
APRIL 3, 2026
BY GOVERNOR
CHAPTER
611
PUBLIC LAW
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Sec. 4. 22 MRSA §2423-F, sub-§8, ¶B, as repealed and replaced by PL 2019, c.
331, §17 and amended by PL 2021, c. 669, §5, is further amended by amending the first
blocked paragraph to read:
The department may not issue a registry identification card to an officer or director or
assistant of a registered manufacturing facility or person authorized to engage in
cannabis extraction using inherently hazardous substances who has been convicted of
a disqualifying drug offense. The department shall conduct a criminal history record
check pursuant to section 2425-B of each person, officer or director or assistant subject
to this subsection on an annual basis.
Sec. 5. 22 MRSA §2425-A, sub-§3, as amended by PL 2023, c. 679, Pt. A, §§10
and 11, is further amended by amending the first blocked paragraph to read:
The department shall conduct a criminal history record check pursuant to section 2425-B
for any applicant for a registry identification card, except that an assistant is not required
to submit to a criminal history record check. The criminal history record check is valid for
2 years from the date it was conducted, regardless of the person's employment status.
Except as provided in subsection 3‑A, the department may not issue a registry identification
card to an applicant who is not permitted under this chapter to have a disqualifying drug
offense.
Sec. 6. 22 MRSA §2425-A, sub-§3-A, as amended by PL 2021, c. 387, §8 and c.
669, §5, is further amended to read:
3-A. Criminal history record check for caregivers administering medical
cannabis on school grounds. The department shall request a criminal history record check
pursuant to section 2425-B for a caregiver designated under section 2423‑A, subsection 1,
paragraph F‑1, subparagraph (4), except for a caregiver who is a parent, a legal guardian or
a person having legal custody of the qualifying patient. The department may not issue a
registry identification card to an applicant who is not permitted to have a disqualifying drug
offense or who would be denied an approval, credential, certification, authorization or
renewal under Title 20‑A, section 6103 or 13011 based on that criminal history record
check.
The criminal history record check requested under this subsection must include criminal
history record information obtained from the Maine Criminal Justice Information System
established in Title 16, section 631 and the Federal Bureau of Investigation. The following
provisions apply.
A. The criminal history record information obtained from the Maine Criminal Justice
Information System must include a record of public criminal history record information
as defined in Title 16, section 703, subsection 8.
B. The criminal history record information obtained from the Federal Bureau of
Investigation must include other state and national criminal history record information.
C. A person subject to a criminal history record check under this section shall submit
to having fingerprints taken. The State Police, upon payment of the fee, shall take or
cause to be taken the person's fingerprints and shall forward the fingerprints to the State
Bureau of Identification so that the bureau can conduct state and national criminal
history record checks. Except for the portion of the payment, if any, that constitutes
the processing fee charged by the Federal Bureau of Investigation, all money received
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by the State Police for purposes of this paragraph must be paid over to the Treasurer of
State. The money must be applied to the expenses of administration incurred by the
Department of Public Safety.
D. 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, 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 Title 16, section 709.
E. State and federal criminal history record information may be used by the department
for the purpose of screening a person in accordance with this chapter.
F. Information obtained pursuant to this subsection is confidential. The results of
criminal history record checks received by the department are for official use only and
may not be disseminated to any other person.
G. If a person is no longer subject to this chapter that person may request in writing
that the State Bureau of Identification remove the person's fingerprints from the
bureau's fingerprint file. In response to a written request, the bureau shall remove the
person's fingerprints from the fingerprint file and provide written confirmation of that
removal.
The department, with the Department of Public Safety, Bureau of State Police, State Bureau
of Identification, shall adopt rules to implement this subsection. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter
2‑A, except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major
substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 7. 22 MRSA §2425-A, sub-§6, as enacted by PL 2017, c. 452, §12, is amended
to read:
6. Application for registration certificate; qualifications. The department shall
register and issue a registration certificate to an applicant who submits a complete
application that meets the requirements of this subsection. An application must include, as
applicable:
The department shall conduct a criminal history record check pursuant to section 2425-B
for each officer or director of the applicant for a registration certificate. The department
may not issue a registration certificate to an applicant if any officer or director of the
applicant has been convicted of a disqualifying drug offense.
An application must include, as applicable:
A. The annual fee required pursuant to subsection 10;
B. Evidence of the applicant's registration with the Secretary of State and evidence
that the applicant is in good standing with the Secretary of State; and
C. The name, address and date of birth of each officer or director of the applicant.
Sec. 8. 22 MRSA §2425-A, sub-§10, ¶J, as amended by PL 2023, c. 679, Pt. A,
§13, is repealed.
Sec. 9. 22 MRSA §2425-B is enacted to read:
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§2425-B. Criminal history record check
The department shall request a criminal history record check for each applicant for an
initial registry identification card and registration certificate as required under this chapter
and for each registrant or registrant agent, except that an assistant is not required to submit
to a criminal history record check, and every 2 years thereafter, unless a different period is
specified in this chapter. If the applicant or registrant is a business entity, every officer or
director of the business entity is required to submit to a criminal history record check in
accordance with this section. If the applicant or registrant is a long-term care facility under
section 2423-A, subsection 4, any staff person of the facility who will be assisting a
qualifying patient with the patient's medical use of cannabis is required to submit to a
criminal history record check in accordance with this section. A criminal history record
check conducted pursuant to this section must include criminal history record information
as defined in Title 16, section 703, subsection 3 and obtained from the Maine Criminal
Justice Information System established in Title 16, section 631 and the United States
Department of Justice, Federal Bureau of Investigation.
1. Record of public criminal history record information required. Criminal
history record information obtained from the Maine Criminal Justice Information System
pursuant to this section must include a record of public criminal history record information
as defined in Title 16, section 703, subsection 8.
2. Other state and national criminal history record information required.
Criminal history record information obtained from the Federal Bureau of Investigation
pursuant to this section must include other state and national criminal history record
information.
3. Fingerprinting. A person required to submit to a criminal history record check
under this section shall submit to having fingerprints taken. The Department of Public
Safety, Bureau of State Police, upon payment of the fee required under subsection 4, shall
take or cause to be taken the person'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 required under this section. 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 Department of Public Safety, Bureau of
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.
4. Fees. The fee for a criminal history record check under this section may not be less
than $31 or more than $60. The fee must be paid by the applicant, registrant or registrant
agent, except that if the applicant, registrant or registrant agent is a business entity, the fee
must be paid by the business entity for any officer or director required to submit to a
criminal history record check under this section.
5. Availability of criminal history record information. The subject of a Federal
Bureau of Investigation criminal history record check pursuant to this section may obtain
a copy of the criminal history record check by following the procedures outlined in 28 Code
of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history
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record check pursuant to this section may inspect and review the criminal history record
information pursuant to Title 16, section 709.
6. Use of criminal history record information. State and national criminal history
record information obtained by the department under this section may be used only for the
purpose of screening an applicant for a registry identification card or registration certificate,
a registrant or a registrant agent under this chapter.
7. Confidentiality. 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 except as provided in subsection 5.
8. Rules. The department, after consultation with the Department of Public Safety,
Bureau of State Police, State Bureau of Identification, shall adopt rules to implement this
section. Rules adopted pursuant to this subsection are major substantive rules as defined in
Title 5, chapter 375, subchapter 2-A.
Sec. 10. 25 MRSA §1542-A, sub-§1, ¶S, as repealed and replaced by PL 2021, c.
293, Pt. A, §31, is amended to read:
S. Who is required to have a criminal history record check under Title 22, section
2425‑A, subsection 3‑A 2425-B.
Sec. 11. 25 MRSA §1542-A, sub-§3, ¶R, as enacted by PL 2019, c. 343, Pt. G,
§9; c. 399, §6; c. 402, §6; and c. 416, §6, is amended to read:
R. The State Police shall take or cause to be taken the fingerprints of the person named
in subsection 1, paragraph S at the request of that person or the Department of
Administrative and Financial Services under Title 22, section 2425‑A, subsection 3‑A
2425-B.