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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1620
H.P. 1074 House of Representatives, April 15, 2025
An Act to Amend the Laws Regulating the Testing of Adult Use
Cannabis and Adult Use Cannabis Products
Received by the Clerk of the House on April 11, 2025. Referred to the Committee on
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BOYER of Poland.
Cosponsored by Representatives: CHAPMAN of Auburn, FREDERICKS of Sanford,
MONTELL of Gardiner, RIELLY of Westbrook, SUPICA of Bangor.
Page 1 - 132LR1606(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 28-B MRSA §601, as amended by PL 2023, c. 679, Pt. B, §112, is further
3 amended to read:
4§601. Testing program established
5 The office shall establish a testing program for adult use cannabis and adult use
6 cannabis products. Except as otherwise provided in this subchapter, the program must
7 require a licensee, prior to selling or distributing adult use cannabis or an adult use cannabis
8 product to a consumer, to submit the cannabis or cannabis product to a testing facility for
9 testing to ensure that the cannabis or cannabis product does not exceed the maximum level
10 of allowable contamination for any contaminant that is injurious to health and for which
11 testing is required and to ensure correct labeling. The office shall adopt rules establishing
12 a testing program pursuant to this section, rules identifying the types of contaminants that
13 are injurious to health for which cannabis and cannabis products must be tested under this
14 subchapter and rules regarding the maximum level of allowable contamination for each
15 contaminant. The rules must establish a testing limit for total yeast and mold contamination
16 in adult use cannabis and adult use cannabis products of 100,000 colony-forming units per
17 gram and may require other microbial testing only for microbes injurious to health, as
18 determined by the office, including, but not limited to, Escherichia coli, salmonella and
19 coliform bacteria. Rules adopted pursuant to this subchapter are routine technical rules as
20 defined in Title 5, chapter 375, subchapter 2‑A.
21Sec. 2. 28-B MRSA §602-A is enacted to read:
22§602-A. Audit testing
23 This section establishes a process by which a licensee may be eligible for audit testing
24 of the licensee's adult use cannabis and adult use cannabis products.
251. Eligibility criteria. A licensee is eligible for audit testing under this section of the
26 licensee's adult use cannabis or adult use cannabis products if:
27 A. The licensee conducts 10 consecutive and separate mandatory tests of different
28 batches of the licensee's cannabis or cannabis products pursuant to section 602; and
29 B. The results of each of the tests under paragraph A demonstrate that the cannabis or
30 cannabis products in each batch do not exceed the maximum level of allowable
31 contamination for any contaminant that is injurious to health and for which testing is
32 required.
332. Eligibility determination. If a licensee believes the licensee is eligible for audit
34 testing based on the criteria under subsection 1, the licensee shall submit to the office a
35 request for a determination that the licensee is eligible for audit testing as well as the results
36 of the testing on which the request is based.
37 A. Upon receipt of the request and testing results, the office shall verify eligibility for
38 audit testing and notify the licensee in writing as to whether the licensee is eligible.
39 B. Notwithstanding section 602, and except as provided in subsection 3, a licensee
40 determined to be eligible for audit testing pursuant to this subsection is not required to
41 test the licensee's adult use cannabis or adult use cannabis products prior to sale or
42 distribution to a consumer.
Page 2 - 132LR1606(01)
13. Audit testing program; effect of exceedance. The office shall establish a program
2 for conducting audit testing of adult use cannabis and adult use cannabis products of
3 licensees determined eligible for audit testing under this section. If audit testing of any
4 batch of cannabis or cannabis products of such a licensee indicates an exceedance of the
5 maximum level of allowable contamination for any contaminant that is injurious to health
6 and for which testing is required, the licensee:
7 A. Must resume mandatory testing of the licensee's cannabis or cannabis products
8 pursuant to section 602; and
9 B. May subsequently be determined eligible for audit testing in accordance with this
10 section based on the results of additional mandatory testing.
114. Rulemaking. The office may adopt rules to implement this section. Rules adopted
12 pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
13 subchapter 2-A.
14Sec. 3. 28-B MRSA §603, as amended by PL 2023, c. 679, Pt. B, §118, is further
15 amended to read:
16§603. Notification requirements Submission and publication of testing results
171. Notification Submission of testing results required. A testing facility that
18 conducts a mandatory test pursuant to section 602 shall submit the testing results to the
19 office within 30 days of completing the test. If the results of a mandatory test conducted
20 pursuant to section 602 indicate that the tested adult use cannabis or adult use cannabis
21 product exceeds the maximum level of allowable contamination for any contaminant that
22 is injurious to health and for which testing is required, the testing facility immediately shall
23 quarantine, document and properly destroy the cannabis or cannabis product, except when
24 the owner of the tested cannabis or cannabis product has successfully undertaken
25 remediation and retesting, and within 30 days of completing the test shall notify the office
26 of the test results.
271-A. Notification Submission of retesting results required. If a licensee chooses to
28 retest any cannabis or cannabis product for potency in accordance with section 503,
29 subsection 4‑A, the testing facility shall provide to the office and the licensee with the
30 results of the initial test for potency as well as the results of the retest for potency and shall
31 submit the results of each test to the office within 30 days of test completion.
321-B. Publication of testing results. In accordance with this subsection, the office
33 shall make available on its publicly accessible website all testing results submitted to the
34 office pursuant to this section.
35 A. The publicly accessible testing results must be anonymized so that the licensee for
36 which the test was conducted is indicated only through a unique identifying number or
37 other anonymous indicator assigned by the office.
38 B. The office shall ensure that submitted testing results are made available on its
39 publicly accessible website on a quarterly basis and no earlier than 3 months after the
40 date on which the testing was completed.
412. Notification Submission of testing results not required. A testing facility is not
42 required to notify submit to the office of the results of any test:
Page 3 - 132LR1606(01)
1 A. Conducted on adult use cannabis or an adult use cannabis product at the direction
2 of a licensee pursuant to section 602 that demonstrates that the cannabis or cannabis
3 product does not exceed the maximum level of allowable contamination for any
4 contaminant that is injurious to health and for which testing is required;
5 B. Conducted on adult use cannabis or an adult use cannabis product at the direction
6 of a licensee for research and development purposes only, so long as the licensee
7 notifies the testing facility prior to the performance of the test that the testing is for
8 research and development purposes only;
9 C. Conducted on cannabis or a cannabis product at the direction of a person who is not
10 a licensee; or
11 D. Conducted on a substance that is not cannabis or a cannabis product.
12SUMMARY
13 This bill amends the laws regulating the testing of adult use cannabis and adult use
14 cannabis products as follows.
15 1. It provides that testing rules adopted by the Department of Administrative and
16 Financial Services, Office of Cannabis Policy must establish a testing limit for total yeast
17 and mold contamination in adult use cannabis and adult use cannabis products of 100,000
18 colony-forming units per gram and may require other microbial testing only for microbes
19 harmful to human health, as determined by the office, including, but not limited to,
20 Escherichia coli, salmonella and coliform bacteria.
21 2. It establishes a process by which an adult use cannabis licensee may become eligible
22 for audit testing of the licensee's adult use cannabis or adult use cannabis products by
23 conducting 10 consecutive and separate mandatory tests of different batches of the cannabis
24 or cannabis products, if the results of each of those tests demonstrate that the batch of
25 cannabis or cannabis products do not exceed the maximum level of allowable
26 contamination for any contaminant that is injurious to health and for which testing is
27 required. If determined eligible for audit testing by the office, the licensee is not required
28 to test the licensee's adult use cannabis or adult use cannabis products prior to sale or
29 distribution to a consumer unless the licensee fails an audit test.
30 3. It requires testing facilities to submit to the office the results of all testing conducted
31 for adult use cannabis licensees, regardless of whether a licensee's adult use cannabis or
32 adult use cannabis product tested exceeds the maximum level of allowable contamination
33 for any contaminant that is injurious to health and for which testing is required. It also
34 requires the office to make available on its publicly accessible website all mandatory testing
35 results submitted by testing facilities, regardless of whether the cannabis or cannabis
36 product passed or failed the test. The office must anonymize the testing results so that the
37 licensee for which the test was conducted is indicated only through a unique identifying
38 number or other anonymous indicator assigned by the office. Testing results must be made
39 available on its publicly accessible website on a quarterly basis, no earlier than 3 months
40 after the date on which the testing was conducted.
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