There are at least 16 different cannabis themed bills up for debate in the upcoming legislative session. Of the 14 carry-over bills from the 1st regular session, two are proposing changes to the current recreational cannabis taxation formula and another proposes the creation of a Maine Medical Cannabis Commission.
In addition to the bills carried over from the 1st regular session, an additional two have also been approved by the Legislative Council to be included as well.
One of those two, An Act to Combat Racketeering by Foreign Organizations, was proposed in response to the 300+ known residential properties throughout Maine being used to grow cannabis illegally.
Below is a list of cannabis themed carry-over bills, their sponsors, co-sponsors, summaries and then grouped by assigned committee. The two bills added to the schedule, along with their sponsors, are also listed. However, because neither have officially been presented to the floor, the text of those bills as well as the assigned committee are not included.
Cannabis Carryover Bills from 1st Session
Agriculture, Conservation & Forestry Committee
LD 1996 An Act to Regulate Synthetic Hemp‐derived Cannabinoids
Sponsor: Sen. Teresa Pierce (D-Cumberland)
Co-Sponsors:
SENATORS: Matthea E. L. Daughtry (D-Cumberland), Lisa M. Keim (R-Oxford), Eloise A. Vitelli (D-Sagadahoc)
REPRESENTATIVES: Amy B. Arata (R-New Gloucester), Kristen Cloutier (D-Lewiston), Speaker Rachel Talbot Ross (D-Portland), Maureen Fitzgerald Terry (D- Gorham)
This bill excludes from the definition of “hemp” consumer products, including beverages, that in their final form contain more than 0.5 milligrams of delta-9-10 tetrahydrocannabinol per package, regardless of the number of servings per package, and any product intended for human consumption or inhalation containing synthetic hemp-derived cannabinoids. The bill directs the Commissioner of Agriculture, Conservation and Forestry to work with the Department of Administrative and Financial Services’ office of cannabis policy to adopt rules governing the manufacture of hemp and hemp-derived products.
Taxation Committee
LD 1405 TAX An Act to Change How Adult Use Cannabis Excise Tax Is Calculated
Sponsor: Rep. David W. Boyer (R-Poland)
Co-Sponsors:
SENATORS: Eric L. Brakey (R-Androscoggin), Teresa S. Pierce (D-Cumberland)
REPRESENTATIVES: John Andrews (R-Paris), Joseph C. Perry (D-Bangor), Shelley Rudnicki (R – Fairfield), Laura D. Supica (D-Bangor)
Beginning January 1, 2024, this bill changes the basis for the calculation of the excise tax on cannabis flower from the weight of product sold to the average market rate of cannabis flower sold. The average market rate would be determined annually by the Department of Administrative and Financial Services. The bill also decreases the excise tax on cannabis trim from $94 per pound to $25 per pound.
LD 1384 An Act to Promote Fairness in the Taxation of Adult Use Cannabis
Sponsor: Sen. Ben M. Chipman (D-Cumberland)
Co-sponsores:
SENATORS: Teresa S. Pierce (D-Cumberland), Matthew G. Pouliot (R-Kennebec),
REPRESENTATIVES: Ambureen Rana (D-Bangor)
Beginning July 1, 2024, this bill changes the basis for the calculation of the excise tax on cannabis flower and cannabis trim by establishing rates based on the tier of a cultivation facility licensee.
Veteran & Legal Affairs Committee
Sponsor: Sen. Craig V. Hickman (D-Kennebec)
Co-Sponsors:
SENATORS: Eric L. Brakey (R-Androscoggin), Stacy F. Brenner (D-Cumberland), Troy D. Jackson (D-Aroostook)
REPRESENTATIVES: David W. Boyer (R-Poland), Aaron M. Dana (Passamaquoddy Tribe), Morgan J. Rielly (D-Westbrook), Laura D. Supica (D-Bangor)
This bill makes changes to the medical cannabis and adult use cannabis laws, including:
1. Creating the Maine Medical Cannabis Advisory Commission with membership consisting of stakeholders in the medical cannabis industry in the State to study, analyze and report findings about the administration and medical use of cannabis to the Legislature, make recommendations for improvement and nominate members to the Medical Cannabis Alternative Health Board;
2. Creating the Medical Cannabis Alternative Health Board to collect and provide information and administer grants to support objective scientific research on the efficacy of harvested cannabis as part of medical treatment and the health effects of harvested cannabis used as part of medical treatment. The board’s staffing and activities are funded by the Medical Use of Cannabis Fund; and
3. Eliminating the Cannabis Advisory Commission under the adult use cannabis laws.
Sponsor: Rep. Laura D. Supica (D-Bangor)
Co-Sponsors:
SENATORS: Craig V. Hickman (D-Kennebec)
REPRESENTATIVES: David W. Boyer (R-Poland), Grayson B. Lookner (D-Portland), Michele K. Mathieson (D-Kittery), Morgan J. Rielly (D-Westbrook)
This bill allows for the on-site consumption of harvested cannabis for medical use by a qualifying patient in a caregiver retail store, in a registered dispensary or with a registered caregiver. The Department of Administrative and Financial Services must establish, by major substantive rule, the process for issuing permits for on-site consumption and the permit fee, which may not exceed the administrative cost of issuing the permit.
LD 1517 An Act to Create Equity in the State’s Cannabis Industry
Sponsor: Rep Speaker Rachel T. Ross (D-Portland)
Co-Sponsors:
SENATORS: Craig V. Hickman (D-Kennebec)
REPRESENTATIVES: William D. Pluecker (I-Warren)
This bill directs the Finance Authority of Maine to establish and administer a cannabis business equity program designed to encourage eligible individuals to apply for registration under the Maine Medical Use of Cannabis Act or for licensure under the Cannabis Legalization Act and to provide related direct support services to such individuals. Applicants to the program must have been previously convicted of and incarcerated for a cannabis-related crime, be a member of a historically disinvested community or have at least 4 years of prior experience operating a cannabis cultivation business in the State that realized less than $300,000 in total gross revenue in the prior calendar year. Services provided under the program include assistance with regulatory compliance, real estate and other contracting, safety and security consulting and business and financial planning. The bill directs the State Controller to transfer $2,000,000 by June 30, 2024 from the Adult Use Cannabis Public Health and Safety and Municipal Opt-in Fund, Other Special Revenue Funds account in the Department of Administrative and Financial Services to the Cannabis Business Equity Fund, which is established in the bill as part of the cannabis business equity program.
LD 40 An Act to Amend the Cannabis Laws
Sponsor: Sen. Craig V. Hickman (D-Kennebec)
(CONCEPT DRAFT ONLY – NO TEXT AVAILABLE)
LD 1757 An Act to Amend the Laws Governing the Reporting and Tracking of Adult Use Cannabis
Sponsor: Sen. Craig V. Hickman (D-Kennebec)
Co-Sponsors
Senators:
Representatives: David Boyer (R-Poland), Benjamin Collings (D-Portland), Joseph Perry (D-Bangor), Morgan Rielly (D-Bangor), Laura Supica (D-Bangor)
This bill replaces the tracking system required for adult use cannabis with an electronic portal, similar to that used for medical cannabis. The Department of Administrative and Financial Services is required to develop and implement an electronic portal for use by licensees to submit required records. Licensees are required to accompany all cannabis plants and harvested cannabis being transported with a label that provides specific information about the licensee and the cannabis being transported; that information also may be submitted through the electronic portal. The department is prohibited from charging a fee or other cost to a licensee for using the electronic portal. This bill also requires the department to terminate immediately its contract with Metrc, LLC, the company that is required to administer the tracking system used for adult use 43 cannabis.
Sponsor: Teresa S. Pierce (D-Cumberland)
This bill amends the Cannabis Legalization Act. It defines “cartoon” and “matrix,” removes the prohibition against a label or packaging that depicts a human, animal or fruit and adds a prohibition against a label or packaging that includes a cartoon. It removes the 0.6 to 5 milligram limitation on the allowable variance rate of 10% on the amount or potency of cannabinoids for a serving or package of edible cannabis products. It also amends testing requirements to account for matrices, including adding specific testing requirements for cannabis flower, cannabis trim, cannabis concentrate and cannabis products. It also provides for audit testing and amends the provisions regarding notification of testing results to address retesting and remediation.
LD 1952 An Act to Allow On‐site Cannabis Consumption
Sponsor: Rep. David W. Boyer (R-Poland)
Co-Sponsors
SENATORS:
REPRESENTATIVES: Mark J. Blier (R-Buxton), Minority Leader Billy Bob Faulkingham (R-Winter Harbor), Ann Fredericks (R-Sanford), Nina A. Milliken (D-Blue Hill), Laura D. Supica (D-Bangor), Austin L. Theriault (R-Fort Kent), Lynn A. Williams (D-Bar Harbor), Stephen J. Wood (R-Greene)
This bill permits facilities to be licensed for the on-site consumption of adult use cannabis and adult use cannabis products under the Cannabis Legalization Act.
Sponsor: Rep. Laura D. Supica (D-Bangor)
Co-Sponsors:
SENATORS: Craig V. Hickman (D-Kennebec)
REPRESENTATIVES: David W. Boyer (R-Poland), Grayson B. Lookner (D-Portland), Marc G. Malon (D-Biddeford), Morgan J. Rielly (D-Westbrook)
This bill provides that group tracking of cannabis plants, currently provided for under the Cannabis Legalization Act through wholesale transactions, is extended through to retail sale, disposal or destruction. It further provides that the contract of the Department of Administrative and Financial Services’ office of cannabis policy, with Metrc, LLC to implement the Maine Cannabis Enforcement Tracking Reporting and Compliance web-page is void and of no effect if, on the effective date of this legislation, the web-page is not in compliance with the requirements of the Maine Revised Statutes, Title 28-B, section 105 as in effect on January 1, 2023.
Sponsor: Rep. Ambureen Rana (D-Bangor)
Cosponsores:
SENATORS: Ben M. Chipman (D-Cumberland), Matthew G. Pouliot (R-Kennebec)
REPRESENTATIVES: Edward W. Crockett (D-Portland), Minority Leader Billy Bob Faulkingham (R-Winter Harbor), Tavis R. Hasenfus (D-Readfield), Ann Higgins Matlack (D-St. George), Sawin H. Millet (R-Waterford), Nina Azella (D-Blue Hill), Joseph C. Perry (D-Bangor), Amy J. Roeder (D-Bangor),
This bill establishes the Recovery Community Centers Fund within the Department of Health and Human Services, Office of Behavioral Health to fund recovery community centers. The bill requires that 12% of the sales tax revenue received per month on the sale of adult use cannabis and adult use cannabis products and 12% of the excise tax revenue collected on the sale of adult use cannabis be credited to the fund. The bill also clarifies that 12% of the sales tax revenue collected on the sale of adult use cannabis and adult use cannabis products is credited to the Adult Use Cannabis Public Health and Safety and Municipal Opt-in Fund, not 12% of all sales tax revenue collected under the Maine Revised Statutes, Title 36, section 1811.
Sponsor: Sen. Teresa Pierce (D-Cumberland)
Co-Sponsors:
SENATORS: Ben M. Chipman (D-Cumberland), Nicole C. Grohoski (D-Hancock), Craig V. Hickman (D-Kennebec)
REPRESENTATIVES: Speaker Rachel Talbot Ross (D-Portland), Amy J. Roeder (D-Bangor)
This bill requires that cannabis businesses be paid monetary relief and assistance out of either the Medical Use of Cannabis Fund or the Adult Use Cannabis Public Health and Safety and Municipal Opt-in Fund in an amount equal to relief that was provided to other businesses in the State but not the cannabis businesses because they were engaged in a cannabis-related business activity, including energy relief for electricity costs provided to businesses in the State in 2022 and 2023. This bill also clarifies that the sales tax exemption for products used in commercial agriculture production also applies to the production of cannabis and waives the annual registration fee for a caregiver if in the prior year the caregiver has been determined compliant with the laws and rules of the medical cannabis provisions upon inspection by the Department of Health and Human Services.
LD 355 An Act to Eliminate the Cannabis Advisory Commission
Sponsor: Sen. Craig V. Hickman (D-Kennebec)
This bill proposes to enact measures to streamline the membership of the Cannabis Advisory Commission and amend its purpose and duties. (CONCEPT DRAFT ONLY – NO TEXT AVAILABLE)
Cannabis Legislation Accepted for the 2nd Session
LR 2628: Sponsor: Representative David Boyer (R-Poland)
Title: An Act to Remove the Universal Symbol Requirement for Edible Cannabis Products
LR 2862: Sponsor: Representative John Andrews (R-Paris)
Title: An Act to Combat Racketeering by Foreign Organizations in Maine Cannabis Markets