LD 83

The VLA agenda for Monday, January 23, 2023, which was cancelled due to inclement weather, has been rescheduled and incorporated into the agenda for Wednesday, January 25, 2023. This includes the public hearing for LD 83, which will now be held at 1pm on Wednesday.

SUMMARY

This amendment changes the title and replaces the bill. It adds the definition of “cannabis

paraphernalia” to the Maine Medical Use of Cannabis Act and to the Cannabis Legalization Act. It

updates and expands the definition of “tobacco products” in Title 22, chapter 262-A, and clarifies that

the same does not include cannabis paraphernalia or liquids containing cannabinoids used in

electronic smoking devices. It reaffirms the authorized conduct of a person to provide cannabis

paraphernalia to a qualifying patient or a caregiver for the purposes of the qualifying patient’s medical

use of cannabis.

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An Act to Clarify State Policy Regarding Cannabis Paraphernalia and Tobacco Products

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective

until 90 days after adjournment unless enacted as emergencies; and

Whereas, on October 7, 2022, the Department of Administrative and Financial Services, Office

of Cannabis Policy issued guidance stating that a medical use of cannabis registrant or adult use

cannabis licensee must obtain a retail tobacco license in order to sell or give away certain products

including electronic smoking devices, rolling papers, pre-rolled cannabis cigarettes, pipes or liquids

used in electronic smoking devices, whether or not they contain nicotine; and

Whereas, according to the October 7, 2022, guidance, the penalty for selling these products

without a retail tobacco license may include criminal charges, imprisonment and fines in excess of

$1,000 per violation; and

Whereas, enforcement of Maine’s tobacco laws on cannabis businesses is ongoing; and

Whereas, the Maine Medical Use of Cannabis Act authorizes a person to provide products such

as those listed in the October 7, 2022, guidance to a qualifying patient or caregiver for purposes of

the qualifying patient’s medical use of cannabis; and

Whereas, the Cannabis Legalization Act authorizes a cannabis store to sell cannabis

paraphernalia pursuant to its license; and

Whereas, Maine’s tax laws under the Maine Revised Statutes, Title 36, chapter 704, explicitly

exclude any product that contains cannabis or cannabis products from the definition of tobacco

products; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning

of the Constitution of Maine and require the following legislation as immediately necessary for the

preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §1551, sub-§3, as repealed and replaced by PL 2017, c. 308, §3, is repealed

and replaced to read:

3. Tobacco products. “Tobacco products” means products made of or derived from tobacco,

or that contain nicotine, that are intended for human consumption or are likely to be consumed,

whether smoked, heated, chewed, absorbed, dissolved, vaporized, inhaled or ingested by any other

means, including, but not limited to, cigarettes; cigars; cigar wraps; cheroots; stogies; perique,

granulated, plug cut, crimp cut, ready rubbed and other smoking tobaccos; snuff; snuff flour; snus;

cavendish; plug and twist, finecut and other chewing tobaccos; refuse scraps, clippings, cuttings and

sweepings of tobacco; other kinds and forms of tobacco; or liquids containing nicotine that are

consumed in electronic smoking devices. “Tobacco products” include devices, accessories or

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components intended for use in the consumption of tobacco or nicotine. “Tobacco products” does not

include:

1. Drugs, devices or combination products authorized for sale by the United States Department

of Health and Human Services, Food and Drug Administration, as those terms are defined in the

Federal Food, Drug, and Cosmetic Act; or

1. Cannabis paraphernalia as defined in section 2422, subsection 17, and in Title 28-B, section

102, subsection 31-A.

Sec. 2. 22 MRSA §2422, sub-§17 is enacted to read:

17. Cannabis paraphernalia. “Cannabis paraphernalia” means equipment, products, devices

or materials that are used or intended for use in planting, propagating, cultivating, growing,

harvesting, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,

ingesting, inhaling or otherwise introducing cannabis or cannabinoids into the human body. Cannabis

paraphernalia includes, but is not limited to, the following:

1. Kits used or intended for use in the planting, propagating, cultivating, growing or harvesting

of any species of cannabis;

1. Isomerization devices used or intended for use in adjusting the potency of any species of the

cannabis plant;

1. Testing equipment used or intended for use in identifying or in analyzing the potency,

effectiveness or purity of cannabis;

1. Scales and balances used or intended for use in weighing or measuring cannabis;
2. Separation gins and sifters, used or intended for use in removing twigs and seeds from, or in

otherwise cleaning or refining, cannabis;

1. Envelopes and other containers used or intended for use in packaging small quantities of

cannabis for medical use;

1. Containers and other objects used or intended for use in storing cannabis;
2. Rolling papers, cigarette papers or wraps used or intended for use in rolling cannabis

cigarettes;

1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens,

chillums, or punctured metal bowls; or

1. Electronic smoking devices used or intended for use in simulating the smoking of cannabis or

liquids that contain cannabinoids through the inhalation of vapor or aerosol from the device.

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Sec. 3. 22 MRSA §2423-A, sub-§2, ¶P, as amended by PL 2021, c. 662, §12 and c. 669, §5, is

further amended to read:

1. Operate one caregiver retail store to sell harvested cannabis to qualifying patients for the

patients' medical use in accordance with this chapter; and

Sec. 4. 22 MRSA §2423-A, sub-§2, ¶Q, as amended by PL 2021, c. 662, §13, is further

amended to read:

1. Be organized as any type of legal business entity recognized under the laws of the State.; and

Sec. 5. 22 MRSA §2423-A, sub-§2, ¶S is enacted to read:

1. Sell, offer to sell, furnish or deliver cannabis paraphernalia to a qualifying patient or a

caregiver for the qualifying patient’s medical use of cannabis.

Sec. 6. 22 MRSA §2423-C, as amended by PL 2021, c. 669, §5, is further amended to read:

• §2423-C. Authorized conduct

A Notwithstanding any other provision of this Title or Title 17-A to the contrary, a person may

provide a qualifying patient or a caregiver with cannabis paraphernalia for purposes of the qualifying

patient’s medical use of cannabis in accordance with this chapter and. A person may be in the presence

or vicinity of the medical use of cannabis as allowed under this chapter.

Sec. 7. 28-B MRSA §102, sub-§31-A is enacted to read:

31-A. Cannabis paraphernalia. “Cannabis paraphernalia” means equipment, products, devices

or materials that are used or intended for use in planting, propagating, cultivating, growing,

harvesting, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,

ingesting, inhaling or otherwise introducing cannabis or cannabinoids into the human body. Cannabis

paraphernalia includes, but is not limited to, the following:

1. Kits used or intended for use in the planting, propagating, cultivating, growing or harvesting

of any species of cannabis;

1. Isomerization devices used or intended for use in adjusting the potency of any species of the

cannabis plant;

1. Testing equipment used or intended for use in identifying or in analyzing the potency,

effectiveness or purity of cannabis;

1. Scales and balances used or intended for use in weighing or measuring cannabis;

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1. Separation gins and sifters, used or intended for use in removing twigs and seeds from, or in

otherwise cleaning or refining, cannabis;

1. Envelopes and other containers used or intended for use in packaging small quantities of

cannabis for medical use;

1. Containers and other objects used or intended for use in storing cannabis;
2. Rolling papers, cigarette papers or wraps used or intended for use in rolling cannabis

cigarettes;

1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens,

chillums, or punctured metal bowls; or

1. Electronic smoking devices used or intended for use in simulating the smoking of cannabis or

liquids that contain cannabinoids through the inhalation of vapor or aerosol from the device.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect

when approved.