Maine Revised Statutes

§2444. State licensing authority

For the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, testing, tracking from seed or clone to sale and sale of retail marijuana and retail marijuana products and the licensing of retail marijuana social clubs in this State, the state licensing authority is the department. [2017, c. 278, §4 (AMD).]

1. Commissioner is chief administrative officer.  The commissioner is the chief administrative officer of the state licensing authority and may employ such officers and employees as may be determined to be necessary. The state licensing authority has the authority to:
A. Grant or refuse licenses for the cultivation, manufacture, distribution, sale and testing of retail marijuana and retail marijuana products and licenses for the operation of retail marijuana social clubs as provided by this chapter; [2017, c. 278, §4 (AMD).]
B. Suspend, fine, restrict or revoke licenses under paragraph A upon a violation of this chapter or any rule adopted pursuant to this chapter; and [IB 2015, c. 5, §1 (NEW).]
C. Impose any penalty authorized by this chapter or any rule adopted pursuant to this chapter. [IB 2015, c. 5, §1 (NEW).]
[ 2017, c. 278, §4 (AMD) .]
2. Adoption of rules by commissioner.  The state licensing authority shall adopt rules for the proper regulation and control of the distribution, tracking and sale by retail marijuana stores of retail marijuana and retail marijuana products; for the licensing and operation of retail marijuana social clubs; and for the enforcement of this chapter and shall amend rules as necessary. For the purpose of adopting and amending rules pursuant to this subsection, the commissioner may delegate rule-making authority granted under this section to the Commissioner of Agriculture, Conservation and Forestry, the Commissioner of Labor or the Commissioner of Public Safety if the commissioner determines that the expertise and resources of those other departments would be beneficial in the development of the rules and the enforcement of those rules. These rules are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. Rules must address but are not limited to the following issues:
A. The appeal of the denial of a license issued pursuant to this chapter at a public hearing, employing full due process, including the subpoena power, the taking of oaths, the calling of witnesses and the maintaining of the confidentiality of customer records. Provision must be made for the conduct of appeal hearings following license actions, including, but not limited to, the denial of a license renewal or of an initial license and license revocation and suspension, and hearings contesting the imposition of a fine; [2017, c. 278, §4 (AMD).]
B. The development of such forms, licenses, identification cards and applications as necessary for the administration of this chapter or of any of the rules adopted under this chapter; [IB 2015, c. 5, §1 (NEW).]
C. The preparation and transmission annually, in the form and manner prescribed by this chapter, of a report to the Legislature accounting for the efficient discharge of all responsibilities assigned by law or rules to the state licensing authority; [IB 2015, c. 5, §1 (NEW).]
D. Procedures consistent with this chapter for the issuance, renewal, suspension and revocation of licenses to operate retail marijuana establishments and retail marijuana social clubs; [2017, c. 278, §4 (AMD).]
E. [2017, c. 278, §4 (RP).]
F. Qualifications for licensure including, but not limited to, the requirement for a fingerprint-based criminal history record check for all owners, officers, managers, employees and other support staff of entities licensed pursuant to this chapter; and [2017, c. 278, §4 (AMD).]
G. Security requirements for any premises licensed as retail marijuana stores, retail marijuana testing facilities and retail marijuana social clubs under this chapter including, at a minimum, lighting, physical security, alarm requirements and other minimum procedures for internal control as determined necessary by the state licensing authority to properly administer and enforce the provisions of this chapter, including reporting requirements for changes, alterations or modifications to the licensed premises. Security requirements may not be unreasonably impracticable. [2017, c. 278, §4 (AMD).]
H. [2017, c. 278, §4 (RP).]
[ 2017, c. 278, §4 (AMD) .]
3. Adoption of rules by Commissioner of Agriculture, Conservation and Forestry.  The Commissioner of Agriculture, Conservation and Forestry shall adopt rules for the proper regulation and control of the cultivation, manufacture and testing of retail marijuana and retail marijuana products and shall amend rules as necessary. For the purpose of adopting and amending rules pursuant to this subsection, the Commissioner of Agriculture, Conservation and Forestry may delegate rule-making authority granted under this section to the Commissioner of Administrative and Financial Services, the Commissioner of Labor or the Commissioner of Public Safety if the Commissioner of Agriculture, Conservation and Forestry determines that the expertise and resources of those other departments would be beneficial in the development of the rules and the enforcement of those rules. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. Rules must address but are not limited to the following issues:
A. The appeal of the denial of a license issued pursuant to this chapter at a public hearing, employing full due process, including the subpoena power, the taking of oaths, the calling of witnesses and the maintaining of the confidentiality of customer records. Provision must be made for the conduct of appeal hearings following license actions, including, but not limited to, the denial of a license renewal or of an initial license and license revocation and suspension, and hearings contesting the imposition of a fine; [2017, c. 278, §4 (NEW).]
B. The development of any forms, licenses, identification cards and applications that are necessary for the administration of this chapter or of any of the rules adopted under this chapter; [2017, c. 278, §4 (NEW).]
C. The preparation and transmission annually, in the form and manner prescribed by this chapter, of a report to the Legislature accounting for the efficient discharge of all responsibilities assigned by law or rules to the Department of Agriculture, Conservation and Forestry; [2017, c. 278, §4 (NEW).]
D. Procedures consistent with this chapter for the issuance, renewal, suspension and revocation of licenses to operate retail marijuana cultivation facilities, retail marijuana production facilities and retail marijuana testing facilities; [2017, c. 278, §4 (NEW).]
E. Limits on the concentration of THC and other cannabinoids per serving in any retail marijuana product; [2017, c. 278, §4 (NEW).]
F. Security requirements for any premises licensed as a retail marijuana cultivation facility, retail marijuana products manufacturing facility or retail marijuana testing facility under this chapter including, at a minimum, lighting, physical security, alarm requirements and other minimum procedures for internal control as determined necessary by the state licensing authority to properly administer and enforce the provisions of this chapter, including reporting requirements for changes, alterations or modifications to the licensed premises. Security requirements may not be unreasonably impracticable; and [2017, c. 278, §4 (NEW).]
G. Securing and recording permission for a local fire department or the State Fire Marshal to conduct an annual fire inspection of a retail marijuana cultivation facility. [2017, c. 278, §4 (NEW).]
[ 2017, c. 278, §4 (NEW) .]
SECTION HISTORY
IB 2015, c. 5, §1 (NEW). 2017, c. 1, §6 (AMD). 2017, c. 278, §4 (AMD).