read more ....for Medical & Adult Use information

https://www.maine.gov/legis/lawlib/lldl/medicalmarijuana/index.html

BY PENELOPE OVERTON - STAFF WRITER Portland Press Herald

The state's pot policy office initially describes a costly tagging system for tracing products from plant to retail, then offers a more business-friendly explanation hours later.

The state marijuana industry didn’t like what it saw when it got its first look at Maine’s new track-and-trace system Monday: hundreds and hundreds of 25-cent tags required to catalog every plant’s path to pre-rolled joint, vape cartridge or infused candy.

“This will drive prices through the roof,” said medical marijuana caregiver Dawson Julia of Unity. “It’s going to put a lot of people out of business. It will make medicine so expensive that nobody will be able to afford it. It will guarantee the survival of the black market.”

Five hours later, long after most of the 300 shell-shocked growers, manufacturers and retailers had left the track-and-trace kick-off event, the Office of Marijuana Policy issued a clarification. Individual retail products will not require their own track-and-trace tag after all.

The cost of the tag wasn’t the problem. After all, each individual bar-coded label only costs a quarter. It was the sheer number of tags that would have been required to move a plant through its entire life cycle, especially for processed items, like vape cartridges or marijuana-infused baked goods.

Consider that it would have required 1,178 tags, at a total cost of $295, to convert a 10-pound cannabis plant into half-milliliter vape cartridges, based on typical yields. Turning that plant into single-serving 10-milligram chocolate truffles would’ve required 58,900 tags at a cost of $14,725.

“Those are based on averages, of course, but even if the yields vary a little here and there, that’s crazy,” said Darrell Gudroe of Boothbay Harbor, who sits on the board of the Medical Marijuana Caregivers of Maine. “The labor costs of putting (on) all those tags alone would kill a business.”

Under the clarified system, however, the producer would only need a single tag for the plant, a second tag that covered the harvest batch (that could cover a whole room full of plants if the grower harvested them all at once), and a third tag attached to the final package sold to the consumer.

Under this system, the financial impact of the tagging system could be limited if a grower can harvest a whole group of plants at once and if the consumer can buy products in bulk, growers and retailers said. But single-serving products, a favorite among new customers, would still be hard hit.

The Office of Marijuana Policy and BioTrackTHC, the Florida software company that landed the 6-year, $275,000 deal to track medical and adult-use cannabis grown, processed and sold in Maine, apologized for the confusion caused by the dissemination of incorrect information.

The session drew a huge crowd and covered topics ranging from creation of transportation manifests to cover when marijuana is moved from one place to another, such as from a grow to a testing lab, to how cannabis producers who already use tracking software can export their private data into the state system.

More training sessions will be held for medical marijuana industry members this month. Training for a grower, manufacturer or retailer who will be seeking a state recreational marijuana license once Maine launches its retail program in March will begin next month.

Medical marijuana growers, manufacturers and retailers can start using the program before the end of the year, and will be required to have all their plants and products entered into the system no later than 120 days after it goes live, said Office of Marijuana Policy Director Erik Gundersen.

Created eight months ago, the Office of Marijuana Policy has moved quickly to implement the adult-use marijuana program that had lingered on the political back burner since voters approved it in 2016. That haste has led to several missteps when trying to hire professional consultants.

In its after-hours news release, the state did not explain how this happened, or whether the clarification of how the tagging system works corrected a verbal slip made at a live event during a spirited question-and-answer session, or represented a full-fledged change in state policy.

But that clarification left Jennifer Bergeron of Waterville, a wholesale medical marijuana grower, upset about a morning off work to drive to Augusta and spend “a good couple hours getting completely wrong information” from a state agency created to oversee marijuana in Maine and its expert consultant.

“People who are supposed to implement the program in two months just spent hours giving completely inaccurate information,” she said. “At this point, I’m not sure what the tagging requirements are, so it’s hard to say what they mean to me. I know less after that meeting than I knew before it started.”

She worries the additional regulation, with its extra costs and labor, will drive smaller caregivers out of business, which will end up hurting patients. Prices are already going up, she said. She believes this will not stop the black market, but actually drive people to it.

But Paul McCarrier, a medical marijuana store owner in Belfast and president of Legalize Maine, believes Monday’s events demonstrate how responsive the new agency is to industry concerns, such as the financial impact of new regulations and programs that are still in their infancy.

“I’m pretty impressed,” said McCarrier, who sat through the kickoff session and a three-hour caregiver training class on Monday afternoon. “We brought up a legit point and they responded quickly … Shows me again they are taking what we say seriously. They want it to work. We want it to work.”

State marijuana office prepares for final adoption of adult use rules, releases draft of medical track and trace rules.

AUGUSTA – The Office of Marijuana Policy (OMP), a part of the Maine Department of Administrative and Financial Services (DAFS), today provided stakeholders and interested members of the public with an update on its current and future rulemaking activity.

OMP was established by the Mills Administration in February to oversee Maine’s existing medical marijuana program and implement the voter-approved Marijuana Legalization Act. Its first rulemaking began in late March and has continued since then in both the adult use and medical use of marijuana programs.

On Thursday, LD 719, An Act To Amend the Adult Use Marijuana Law, went into effect with other nonemergency legislation from the First Regular Session of the 129th Legislature. LD 719 makes several changes to the Marijuana Legalization Act including an amendment to the Maine Food Law to no longer consider edibles produced with recreational marijuana as adulterated, allowing the entry of certain vendors into the limited access areas of licensees, and authorizing the department to impose an administrative hold on a licensee. With LD 719 becoming law, OMP is poised to complete final adoption of Maine’s adult use rules within the next 60 days.

“The Office of Marijuana Policy has worked diligently since being established in February to complete the work required to establish a regulatory framework for Maine’s adult use marijuana industry,” said OMP Director Erik Gundersen. "While our rulemaking activity has been at the forefront of this effort, we have spent the last several months developing forms and applications; developing an online platform for the application process; preparing to deploy our track and trace system; and engaging with industry stakeholders, other state agencies, and members of the public on our work. We look forward to completing final adoption of our adult use rules and moving that much closer to accepting adult use facility applications."

In other rulemaking-related news, a preliminary draft rule related to the tracking and tracing of products in the Maine Medical Use of Marijuana Program is currently available for review on the OMP website: https://www.maine.gov/dafs/omp/medical-use/rules-statutes/rulemaking/draft-rules. Parties interested in providing feedback in response to the preliminary draft rules may do so through the following page: https://www.maine.gov/dafs/omp/medical-use/rules-statutes/rulemaking/feedback.

One aspect of this soon-to-be-proposed rule will be the introduction of “plant-only tracking” for certain registered caregivers who do not operate a caregiver retail store. Plant-only tracking would allow vertically integrated, registered caregivers who directly serve certified patients without transferring marijuana and marijuana products to other caregivers, dispensaries, or marijuana manufacturing facilities to only tag and track the plants they own. Such a proposal would reduce the number of BioTrackTHC security tags—which cost $0.25 each—required to be used by the caregiver.

“A track and trace system helps ensure the health and safety of consumers of medical and adult use marijuana and assists in preventing diversion to an unregulated market,” added Gundersen. “The introduction of plant-only tracking is the recognition that a one-size-fits-all approach will not work with the diverse group of caregivers operating within our medical program. Our goal is to ensure smaller caregivers can focus on what matters most—ensuring patient access to the medicine they need.”

As with other rules proposed by the department, OMP will be scheduling a public hearing and conducting a public comment period. Specific dates will be announced once drafting of the rule is complete and it is formally proposed by the office.

Finally, OMP also plans to propose rules for the licensing of marijuana testing facilities and will be spending time drafting and proposing revisions to the existing Maine Medical Use of Marijuana Program Rule to reflect legislative changes made during both the 128th and 129th Legislatures. Recently completed rulemaking activity includes the emergency adoption and simultaneous proposal of adult use marijuana testing facility certification rules earlier this month.

LD 1218

An Act to Allow Maine Marijuana Caregivers to measure Cultivation Limits by Plant Canopy Size..
Cultivate up to 30 mature marijuana plants OR .....
500 square feet of plant canopy, 60 immature marijuana plants and unlimited seedlings.

New Caregiver application showing the costs for 30 plants or new 500’ canopy rule..

Click here to see… https://www.maine.gov/dafs/omp/sites/maine.gov.dafs.omp/files/inline-files/MMMP-Application-Caregiver_0.pdf

Earlier this week, the Office of Marijuana Policy conducted a public hearing on our proposed marijuana testing facility certification rule.

The public comment period concludes at 5pm EDT on Thursday, October 10, 2019. 

Comment may be submitted through the OMP website or to the attention of Gabi Bérubé Pierce, Esq. via the following:

1. Office of Marijuana Policy
   162 State House Station
   Augusta, ME 04333-0162
2. Fax: 207-287-2671
3. Email: This email address is being protected from spambots. You need JavaScript enabled to view it. (Subject line: Rulemaking Comment).

The Office of Marijuana Policy is pleased to announce that the next round of track and trace portal trainings will begin on Monday, October 21, 2019. These training sessions are specifically intended for prospective adult use licensees and will be held in Augusta, Bangor, Hallowell, Lewiston, and Portland.

Registration for these training sessions will open at 8:00AM EDT on Monday, October 7, 2019. Registration is available through the Eventbrite event registration platform and will occur on a first-come, first-served basis.

BioTrackTHC/Track and Trace Portal Training Sessions

• Monday, October 21: Augusta (https://augustabiotrack.eventbrite.com)
• Tuesday, October 22: Bangor (https://bangorbiotrack.eventbrite.com)
• Wednesday, October 23: Hallowell (https://hallowellbiotrack.eventbrite.com)
• Thursday, October 24: Lewiston (https://lewistonbiotrack.eventbrite.com)
• Friday, October 25: Portland (https://portlandbiotrack.eventbrite.com)

In addition, BioTrackTHC manuals and training videos are currently available online: https://www.biotrack.com/maine-manuals/  

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If you completed a medical use training in September, you will not be required to take an adult use class.

The Office of Marijuana Policy recently launched its new website! In addition to our presence on Facebook and Twitter, you can locate the office online at https://www.maine.gov/dafs/omp/.

Office of Marijuana Policy partners with Massachusetts Cannabis Control Commission to unveil the first-ever shared universal symbol for marijuana and marijuana products.

AUGUSTA – Earlier today, the Maine Office of Marijuana Policy, a part of the Department of Administrative and Financial Services, introduced the universal symbol that will be used to identify adult use marijuana and marijuana products. The symbol, required by the Marijuana Legalization Act, will be used in Maine by prospective adult use marijuana licensees and the public to identify packages and products containing marijuana.

To deploy Maine’s universal symbol, OMP chose to partner with the Massachusetts Cannabis Control Commission to unveil the first-ever shared universal symbol for marijuana and marijuana products.

The symbol—which has already been successfully used in the Commonwealth of Massachusetts—features a red triangle above text reading “CONTAINS THC”. Centered within the triangle is a black marijuana leaf superimposed on a field of white. THC is the common acronym for tetrahydrocannabinol, the psychoactive compound found in marijuana.

“The adoption of a universal symbol in Maine is an important measure taken by the Office of Marijuana Policy to ensure Maine people are fully aware that a product contains marijuana,” said Erik Gundersen, director of the Maine Office of Marijuana Policy. “Given our regional proximity and the close personal and business ties our two states share, the use of the same universal symbol will ensure that consumers can clearly recognize products that contain THC whether in Massachusetts or Maine.”

In choosing Maine’s universal symbol, OMP reviewed existing statutory requirements for labeling and packaging as well as the requirements of their provisionally adopted adult use marijuana rules. With that work completed, OMP began to survey established universal symbols and quickly recognized that the form, content, and style of symbols in use by other states were anything but universal.

OMP staff identified the CCC’s symbol as a potential opportunity for collaboration and were pleased with how warmly the suggestion of utilizing the same symbol was received by their counterparts in Massachusetts.

“The Cannabis Control Commission is excited to partner with the State of Maine on the first universal symbol to be shared by two distinct regulatory jurisdictions,” said Shawn Collins, executive director of the Massachusetts Cannabis Control Commission. “Whether an adult is interested in consuming legal marijuana products or not, our universal symbol helps identify when an item contains THC and serves as a key deterrent to accidental ingestions. Our states share a mutual goal of developing safe and secure marketplaces, and this collaboration demonstrates our progress toward that objective.”

In Maine, use of the universal symbol is required by adult use marijuana licensees. For product packaging and labeling, the symbol must appear on the front or most predominantly displayed area of the marketing layer. It may appear no smaller than half an inch by half an inch.

For edible marijuana products, each single standardized serving of marijuana must be marked, stamped or otherwise imprinted with the universal symbol directly on at least one side of the product. It may not appear less than a quarter of an inch by a quarter of an inch.

While not required, OMP encourages caregivers and dispensaries currently operating within Maine’s Medical Use of Marijuana Program to consider utilizing Maine’s universal symbol.

“I would like to extend my thanks to the Massachusetts Cannabis Control Commission, Executive Director Collins, and his staff for their work in making this important milestone possible,” added Director Gundersen. “Our positive working relationships with other marijuana-regulating states have been exceedingly helpful as Maine is set to become the second state on the east coast to launch an adult use program.”

Introduction of the universal symbol in Maine comes as OMP prepares to complete final adoption of its rules that will serve as the regulatory framework for the state’s new adult use industry. The office intends to begin accepting adult use applications by the end of 2019.

For more information on Maine's universal symbol, please visit: https://www.maine.gov/dafs/omp/resources/universal-symbol.

An image depicting Maine's newly adopted universal symbol, which OMP deployed after partnering with the Massachusetts Cannabis Control Commission.

Action by state’s Office of Marijuana Policy establishes timeline for accepting adult use applications and begins staggered rollout of regulated adult use industry.

AUGUSTA – The Office of Marijuana Policy, a part of the Maine Department of Administrative and Financial Services, today announced it has completed final adoption of major substantive rules related to Maine’s adult use marijuana program. The administrative rules establish the regulatory framework governing the licensing, compliance, enforcement and oversight of the forthcoming adult use marijuana industry in Maine and marks OMP’s most significant accomplishment to date.

In accordance with state law, the new regulations become effective 30 days following final adoption, which is Thursday, December 5, 2019. With final adoption complete, OMP will now shift its attention to the application and licensing processes required of prospective adult use licensees.

“Over the last eight months, the Office of Marijuana Policy has worked with legislators, community leaders, public health and safety experts, industry stakeholders, and members of the public to develop and institute regulations that we hope will serve as a model of how to properly regulate marijuana for the rest of the country,” said OMP Director Erik Gundersen. "The goal of OMP has been to put forth the best rules and regulations possible, and our work benefitted significantly from the valuable input provided by stakeholders through this process."

Beginning immediately, prospective licensees may register to complete fingerprinting for their state and federal background checks and complete an individual identification card application. Fingerprinting is available through IdentoGO (https://me.ibtfingerprint.com/), a nationwide provider of identity-related services with locations available throughout Maine. Applications for individual identification cards are available on the OMP website (https://www.maine.gov/dafs/omp/adult-use/applications-forms/).

All individuals working in or for a licensed marijuana establishment who possess, cultivate, manufacture, package, test, dispense, transfer, serve, handle, transport or deliver marijuana or marijuana products are required to have an OMP-issued individual identification card. Information contained in the background checks will inform the Office’s decisions about whether a prospective licensee or their employees satisfy the character and fitness requirements written into law and rule.

“While our adult use rules do not go into effect until December, beginning the background check process and accepting individual identification card applications are concrete steps prospective licensees can take today to prepare to enter this emerging industry,” added Gundersen. “Making certain applications and forms available in advance will allow our office to better respond to questions raised by applicants of this new program. In the coming weeks, OMP will continue its staggered rollout of adult use applications and forms.”

On Monday, November 18, 2019, OMP will make license applications for marijuana testing facilities available on its website. The remaining applications for adult use marijuana cultivation, products manufacturing, and retail facilities will be made available on December 5, 2019. No individual identification cards or conditional facility licenses will be issued by OMP until at least the effective date of the adult use marijuana program rule.

Occurring a month and a half after the effective date of LD 719, the legislation that made several changes to the Marijuana Legalization Act, final adoption completes the major substantive portion of OMP’s adult use rulemaking activity. Rulemaking on marijuana testing facility licensing is forthcoming.

“We established several lofty goals at the outset of our work, including delivery of adult use rules before the legislature adjourned in June and making adult use applications available by the conclusion of 2019,” concluded Gundersen. “I am proud of the incredible work of our office to fulfill these commitments to an industry and public that have been waiting patiently for this work to be completed.”

OMP was established by the Mills Administration in February 2019 to oversee Maine’s existing medical marijuana program and implement the voter-approved Marijuana Legalization Act. Its first rulemaking began in late March and has continued since then in both the adult use and medical use of marijuana programs.

December 4, 2019
For more information contact: Jim Britt at (207) 287-3156

AUGUSTA, Maine - The Department of Agriculture, Conservation and Forestry has issued its comments to the USDA on the Interim Final Hemp Rule, expressing concerns with proposed requirements that have the potential to adversely affect the growth of the hemp industry in Maine. The comments come after a thorough analysis by state officials and include feedback from Maine farmers. The USDA's proposed hemp regulations were released Oct. 29, 2019, and states were invited to review and respond with comments within 60-days.

"The requirements proposed by the interim rule have the potential to be detrimental to Maine farmers who have invested in hemp production, as well as those who are planning to enter this emerging hemp industry," commented Amanda Beal, DACF Commissioner. We strongly encourage the USDA to ensure that the final rules are practical and dont hamper the future growth of hemp production and its potential contribution to Maines economy.

Maines hemp program launched in 2016 with one grower, and today 181 licensed hemp farmers are growing hemp in all of Maines 16 counties, and crop varieties are thriving.

We urge the USDA to deliver a flexible Domestic Hemp Production Program rule that takes into consideration the complexities of hemp production, commented Nancy McBrady, Director, Bureau of Agriculture, Food and Rural Resources. Maine farmers have spoken, and we agree, that the rules proposed by the USDA are overly burdensome, and we are hopeful that changes will be made that reflect the needs of hemp farmers.

The following comments were submitted E. Ann Gibbs, Director of Animal and Plant Health, Bureau of Agriculture, Food and Rural Resources, on the United States Department of Agricultures (USDA) Interim Final Hemp Rule:

SDA Agricultural Marketing Service Doc. No. AMS-SC-19-0042 SC19-990-2 I. Via Email

Re: State of Maine Comments on USDA Interim Final Hemp Rules

Dear Sir/Madam:
The Maine Department of Agriculture, Conservation and Forestry thanks you for the opportunity to comment on the USDA AMS interim final rule, 7 CFR Part 990 Establishment of a Domestic Hemp Production Program (Rule). Maine has had a hemp program in place since 2016, beginning with one grower who harvested seed from less than an acre. This has since grown to 181 license agreements and over 2000 acres of planted hemp in 2019. Hemp is now grown in every one of Maines 16 counties, and the varieties grown are thriving in all parts of the state. There has been a lot of support for and interest in this new crop by producers, private industry, the state legislature, and the Department. However, we are concerned that the requirements proposed by the Rules will require some major adjustments to the program that could adversely affect the growth of this industry in Maine. Below are our comments regarding how these proposed changes will impact the Maine program.

LABS
The Rules require that testing labs be registered with DEA. This may be cumbersome at best and impossible to meet at worst. In 2019, the Maine program switched to using one available private testing lab, which is not currently registered with DEA, because our state lab was unable to process samples. The private lab is ISO 17025 accredited, which is an important accreditation because it requires third-party assessors to evaluate the laboratorys ability to produce precise, accurate test and calibration data, and facilities are regularly reassessed to ensure technical expertise is maintained. ISO 17025 accreditation is more important to the state than DEA registration.
It is also unclear how many labs in Maine will seek DEA registration for hemp, or if they will even be available to test hemp samples. Maine just approved and is implementing a recreational marijuana program, and with the new push to find labs to test marijuana, labs may choose to focus on this crop and not hemp. Hemp testing labs will also need a DEA approved plan for disposal of non-compliant hemp, and those requirements are not clear at this time.

THC LEVELS
DACF is concerned that the USDAs requirement for a 0.3% Total THC level with no provision for mitigation does not allow for enough flexibility given the realities of the crop. This is not practical: many hemp cultivars are unstable and may fluctuate in THC content depending on soil type, climate, weather, pest infestations, or other plant stress factors. Since the sampling procedures are worst case based and do not include plant material from the entire plant, non-compliant test results should be allowed to be mitigated. The 2018 Farm Bill under Section 297B e(2)(B) Corrective Action Plan appears to allow the state to develop corrective actions when a growers hemp is found to be above 0.3% Total THC. The states corrective action plan should be allowed to include grower requirements to extract from or process the entire plant as biomass when total THC levels are above 0.3% and below 0.5%. (Note that, ideally, Maine would prefer that the upper limit be 1% Total THC because the risk of anyone using that cannabis for the marijuana market is virtually non-existent.) Additionally, the extractor or processor could be required to assure the THC level of any product produced is diluted below the 0.3% threshold, and if any excess THC isolate exists, that it is properly disposed.
Currently, Maine law only requires hemp to be less than 0.3% delta 9 THC (not Total THC). Many of the CBD varieties currently grown will not meet USDAs new total THC threshold. If the USDA retains the 0.3% Total THC level with no allowance for flexibility, the likely outcome for growers would be significant lost investments and diminished market prospects for what limited varieties will qualify as hemp using this limit. The industrys growth prospects could be significantly reduced. We urge the USDA to allow for greater, yet manageable, flexibility in determining THC levels that can qualify as hemp with or without additional mitigation. Another direction the USDA could take on defining what qualifies as hemp is to use taxonomic determination based on the genetic testing of known cannabinoid ratios of stable cultivars. Type III cultivars that are CBD dominant with a ratio of at least 20:1 CBD to THC are not psychoactive and produce high levels of CBD, which is one of the chief derivatives that hemp growers seek.

SAMPLING
Under the new Rules, the state will be required to sample every field and every area that has a different variety/strain growing, which will substantially increase the number of samples required to be collected. We believe that this is impractical. DACF currently collects one sample per license agreement, and some of our licensees have 15 20 different grow sites. This year there were 217 grow sites on 182 license agreements and multiple varieties grown on more than half of those sites. Had the new Rules been in effect for 2019, the number of THC samples would have increased from 182 samples to 300 or more. An additional complication for sampling is the requirement for the licensee or a designated employee to accompany the sampling agent throughout the sampling process. This requirement, along with the increased number of samples, will make the states sampling of all hemp lots within 15 days of harvest very difficult. Both of these added burdens will require additional FTEs to complete the sampling within the 15-day timeframe.

REGISTRATION
The Rules will require hemp farms to register with the USDA Farm Service Agency (FSA). While we understand that the potential benefit to growers for registering is possible financial assistance from FSA under certain future circumstances, we believe it could also be a significant barrier for small, less experienced growers who comprise the bulk of our licensees. Registration with FSA could discourage growers from becoming licensed because many of them are also medical marijuana growers and would not be favorable to registering their land with a federal agency. The state hemp program depends upon license fees to support the regulatory program. If too many growers are discouraged by this requirement, the program may not be self-sustaining.

BACKGROUND CHECKS
The requirement for background checks to exclude applicants with a felony in the last 10 years will be a significant change to the Maine program, which does not require such checks. Maines original state statues included a requirement for background checks, which were later deleted in the 2015 laws. This requirement will add another barrier for hemp growers who will be facing numerous new registration and reporting requirements under the Rules. Maine also has a statutory conflict with this requirement. 5 MRS Chapter 341 5303(1) only allows our agency to disqualify an individual from licensing on the basis of a criminal record for a maximum period of three years.

REPORTING
The Rules monthly reporting requirements to the USDA AMS are extensive and will impose burdens on the state to implement. The state will have to develop a more sophisticated and costly database in order to fulfill these requirements. Further, because one of the monthly reports requires submission of geospatial location data, the state will have to amend the current licensing statutes that protect locations of hemp production sites as confidential information. The new reports will also require our current testing lab to change their report format and develop a process to notify the grower as well as the state of the total THC test results for each crop lot. Finally, the Rule requires use of a special license numbering system. Implementation of the new numbering scheme is an additional burden. All of these data and reporting requirements will increase the program workload and require additional state expenses.

DISPOSAL
Currently, when non-compliant hemp is found in Maine, the Department notifies local law enforcement and then the Department oversees grower destruction of the crop. The USDAs Rule changes this process so that if non-compliant hemp is found, the DEA or another entity authorized to handle marijuana under the Controlled Substance Act will dictate the process for disposal. Recognizing the time and effort that may be asked of these entities in disposal situations, the Department advocates that options for destruction include simple solutions such as mowing, disking-in the crop, or composting.

IMPLEMENTATION DATE
The Department is concerned that the USDAs approved plan implementation deadline of October 31, 2020, will seriously disrupt Maine and other states current licensing schemes, to the detriment of growers. If growers state licenses are void after that date, it could create a barrier for the licensee to sell their 2020 crop. For instance, if hemp is harvested prior to October 31, 2020, and was tested under the states 0.3% delta 9 THC method, will that hemp no longer be allowed to be sold on or after October 31st? Further, due to the Rules requirement that currently confidential grower data be reported to the USDA, the Maine legislature will need to make statutory changes to current Maine law. Given the states legislative calendar, this may be impossible to achieve by that timeframe. We urge the USDA to rethink this deadline or provide for extended implementation dates, should states face legislative hurdles to comply. An alternative option would be to continue to operate state programs and gradually phase into the Federal program as milestones are achieved to comply with the Rule.

FEDERAL PROGRAMS AND AGENCIES
The Department is hopeful that these rules will establish a firm basis for Land Grant Universities to pursue hemp research without any threat of federal grant disqualification. The University of Maines risk management department has not allowed university staff to conduct any research that requires handling of cannabis of any form. We also are supportive of providing hemp growers access to the USDA-FSA cost-share funding and the USDA-NRCS programs. The Department would support allowing new hemp farmers to access that funding and those programs even earlier than the current rules allow.

SUMMARY
The Department hopes these comments are instructive as the USDA determines how to move forward with implementing the Federal hemp program. As presented, these Rules will be challenging to implement for states with existing hemp programs and could threaten the future growth of the industry overall. The years of hands-on and practical experience that Maine, along with numerous other states, has had operating its hemp program should inform the USDA on how these Rules should be amended. Please dont hesitate to contact us if you have any further questions.

Sincerely,
Ann Gibbs
Director Division of Animal and Plant Health

State’s Office of Marijuana Policy releases applications for adult use cultivation, manufacturing, and retail facilities.

AUGUSTA – Today, the Office of Marijuana Policy, a part of the Maine Department of Administrative and Financial Services, announced the availability of all adult use marijuana facility applications. Beginning immediately, prospective licensees may commence the application process for adult use marijuana cultivation facilities, products manufacturing facilities, and marijuana stores.

This important step completes the staggered rollout of adult use applications which began on Monday, November 4, 2019. Applications for marijuana testing facilities were previously made available on Monday, November 18, 2019.

“When the Office of Marijuana Policy was established by the Mills Administration in February, we committed to making adult use applications available by the end of the year,” said OMP Director Erik Gundersen. “In the months since, we have worked diligently to accomplish this goal, including spending the last month accepting and processing the Individual Identification Card (IIC) applications of prospective licensees and individuals hoping to work in the new industry. With today’s action, we have made good on our commitment to an industry and public that have been waiting for nearly three years for this moment.”

At its highest level, the process of becoming licensed in the State of Maine’s adult use marijuana program takes three steps: conditional licensure, local authorization, and active licensure, respectively. The conditional licensure process consists of several requirements that must be satisfied prior to acceptance of a completed application, including certain individuals obtaining an IIC.

OMP began accepting IIC applications in early November, a process which includes fingerprinting and state and federal criminal history records checks. Since that time, 400 applications have been received. By the close of business today, 146 cards will be issued to prospective licensees and employees in Maine’s adult use program.

All individuals working in or for a licensed marijuana establishment who possess, cultivate, manufacture, package, test, dispense, transfer, serve, handle, or transport marijuana or marijuana products are required to have an OMP-issued IIC.

“Our staggered rollout of applications has allowed OMP to spend the last four weeks addressing the concerns of industry stakeholders and answering their questions relating to the application process,” added Gundersen. “Similar to our rulemaking work, this process has been exceedingly helpful in allowing our office to establish meaningful relationships with the very individuals we will be licensing and regulating.”

Once all application forms, required attachments, and criminal history record checks are received and deemed complete, OMP has 90 days to either deny the conditional license or issue a non-renewable conditional license valid for one year. If needed, a provision included in the Marijuana Legalization Act by the Maine Legislature allows OMP to utilize up to six months when it first begins accepting and processing adult use applications.

For a conditional license holder to be eligible for an active license they must seek local authorization. Municipalities have 90 days—and in some instances an additional 90 days—to respond to a licensee’s request for local authorization. Once local authorization is received, OMP will request supplemental information and updated documentation from the applicant before they would be eligible to obtain an active license.

A licensee that has been issued a conditional license by the department may not engage in the cultivation, manufacture, testing or sale of adult use marijuana or adult use marijuana products until the department has issued an active license.

Applications are available through the OMP website (https://www.maine.gov/dafs/omp/adult-use/applications-forms/).

The Mills Administration created OMP within DAFS in February 2019. The Office is responsible for the oversight of all aspects of legalized marijuana, including Maine's existing Medical Use of Marijuana Program.

The Maine Department of Agriculture, Conservation and Forestry is pleased to announce that it is now accepting license applications to grow hemp both indoors and outdoors. Application forms can be found on the hemp program webpage and are due at least 30 days before the anticipated date of planting.
Two proposed rule changes not implemented were an increase in the outdoor license acreage fee from $50 to $100/acre and using 0.3 % total THC content instead of delta9-THC only as the defining line between hemp and marijuana.
The Department listened to growers and others during the public comment period of the rule making process. The message was clear; 2020 is not the year to increase fees. The outdoor license acreage fee will remain at $50/acre.

Public feedback was also overwhelmingly in favor of keeping the definition of hemp as a Cannabis sativa L. plant that contains not more than 0.3% delta-9-THC only. Maine will continue to use the 0.3 % delta-9-THC only measurement at least through October 31, 2020, when a USDA-approved program will have to begin.

Three other proposed changes were included in the final rule. The first is unlimited licenses for indoor hemp. The fee for an indoor license will be $500.00 plus $0.25 per square foot of growing area. Being able to grow hemp crops in greenhouses and other indoor structures year-round is an option many Maine farmers have wanted since hemp growing became legal in Maine in 2016.

Another change that did get implemented was a rolling application process. Instead of only being able to apply during the January 1 - April 1 window, applications will be accepted year-round. No longer will all licenses expire at the end of the calendar year; hemp licenses will expire 365 days after the date of issue. When to apply is up to the grower but should be at least 30 days before their anticipated planting date.

The third change that remains in the final rule is the $20,000 cap on licensing agreement fees for either indoor or outdoor licenses separately.

For more information on Maine's hemp licensing program, including the revised Chapter 274, Rules for Growing Hemp, visit https://www.maine.gov/dacf/php/hemp/.

There is also an all-day educational opportunity on March 6 about growing hemp in Maine that is being hosted by the University of Maine Cooperative Extension. To register, go to https://extension.umaine.edu/agriculture/growing-hemp-in-maine/

Monday: 2/10/2020

10:00 AM PUBLIC HEARING

L.D. 1081 An Act To Impose Further Restrictions on where Marijuana May Be Smoked

L.D. 2002 An Act To Improve Compliance with Department of Administrative and Financial Services, Office of Marijuana Policy Registration and Licensure Requirements

L.D. 2091 An Act To Amend the Marijuana Legalization Act and Make Other Implementing Changes

Karen Montell, Committee Clerk Tele: 287-1310
All meetings are held in State House, Room 437 unless otherwise noted.

Maine Cannabis Regulators Execute Agreement with Metrc for Marijuana Track and Trace Services

State, industry stakeholders will utilize Metrc as the turnkey solution for end-to-end tracking and tracing of marijuana products.



AUGUSTA - Today, the Office of Marijuana Policy announced the execution of a six-year contract for marijuana track and trace services with Metrc LLC. OMP will deploy Metrc, the nation's leading solution for cannabis governance. Metrc is a cloud-based software product which will utilize radio-frequency identification (RFID) tags to track the growth and distribution of marijuana and marijuana products throughout Maine.

The service will be deployed in Maine's emerging adult use marijuana program. The state is just months away from legal adult use retail sales, a milestone expected to occur this spring. Following the successful launch of Metrc, OMP and Metrc will shift their focus to introducing the track and trace solution to Maine's existing medical marijuana program.

"We are excited to partner with Metrc," said OMP Director Erik Gundersen. "Metrc is an industry leader, and their team is committed to delivering a product that will allow us to proceed with the launch of our adult use program later this spring."

Over the course of the next several months, OMP and Metrc will engage with industry stakeholders through several avenues to familiarize them with the new system. Starting in mid- to late-March, regional roadshows will be conducted throughout Maine to provide future adult use licensees with a high-level introduction to Metrc and a platform to have their questions and concerns addressed. Following this, Metrc will offer online trainings and evaluations before issuing credentials to prospective licensees. Specific roadshow dates and venues will be announced as details are finalized in the coming weeks.

"We're excited to partner with the OMP to help launch the state's adult-use marijuana market," said Metrc CEO Jeff Wells. "2020 is another significant year for cannabis industry growth, and we look forward to serving the OMP, local cannabis businesses, and the people of Maine."

With the signed contract in place, Metrc will now serve as the track and trace provider for 13 states and the District of Columbia, including regulatory trailblazers such as Colorado, Oregon, and Alaska. In addition, Metrc is already utilized in New England, serving as the track and trace software for the Massachusetts Cannabis Control Commission.

The resulting agreement with Metrc is a six-year contract valued at $540,000. Adult use license holders will be responsible for a $40 monthly license fee to access Metrc's online system. The fee also supports ongoing industry training and technical support. Plant tag and packaging label fees are $0.45 each and $0.25 each, respectively.

Additional information on the deployment of Metrc to Maine's existing medical marijuana program and the obligations of registered caregivers and dispensaries will be announced at a later date.

Who is MMCM?

In 2010, Medical Marijuana Caregivers of Maine was one of the first volunteer trade associations organized in the United States and dedicated itself to the support and promotion of safe access to medical marijuana. MMCM continues to advocate for patient rights and access to safe, quality, cannabis medicines and the caregivers who provide for them. MMCM also developed a training program for those who wish to participate in Maines’ cannabis programs to help them stay in compliance and to promote safe practices. Education, Advocacy and Legislation is their motto.

MMCM History

In 1999, Maine became the fifth state in the country to legalize cannabis for medicinal use.

Voters then passed a Citizens Medical Marijuana Initiative in 2009 allowing patients who have a doctor’s certification to purchase medicinal cannabis from a registered caregiver or dispensary.

Following the passage of this Medical Marijuana Initiative, MMCM was formed as a Trade Association in 2010 to provide advocacy and education for patients, caregivers and the public.

While implementing the Citizens Initiative, the Maine Legislature made major changes before passing it into law in 2010, including a ban on outdoor cultivation, removal of legal protections for patients, and requiring all patients be registered with the State.

In response to these dramatic changes, MMCM became active at the State House and in 2011 intentions of the Citizens Initiative were restored.

MMCM continued to work to improve Maine’s Medical Marijuana Laws and our medical program became voted the best in the country by Americans for Safe Access.

MMCM developed an education program to teach the Maine Medical Laws to patients, caregivers and others interested in the Program. Best business practices was the second class started to ensure compliance with the Medical Program, Taxes and Labor Laws.

However, once again there are State Officials, Legislatures and Lobbyists for other interests pushing legislation and rules that go against the intent of the people, patients and providers in our State legal programs.

Through education, drafting legislation, lobbying and mobilizing efforts, MMCM and our wider community members have been, and will continue to be instrumental in defending the medical program during this time of change as cannabis is: “legalized”.

Thank you for your support and understanding during this difficult time...we will all get through this...be healthy and safe!

All MMCM Network meetings will be cancelled until further notice...

MMCM Classess scheduled for March 24th will be cancelled and will be re-scheduled at a later date...

MMCM will not be scheduling their Annual Members Meeting Event at this time...

All Legislative meetings will be closed down until further notice...

The MMCM office will be closed, however, you can still make contact through the MMCM website (This email address is being protected from spambots. You need JavaScript enabled to view it.) and phone voice mail (207-596-3501). Someone will be screening emails and calls periodically.

Office of Marijuana Policy Issues Guidance in Response to COVID-19 

In light of ongoing developments regarding the 2019 novel coronavirus (SARS-CoV-2) and the resulting coronavirus disease 2019 (COVID-19), the Maine Office of Marijuana Policy (OMP) has issued new guidance to Maine Medical Marijuana Program (MMMP) registrants and prospective and conditional Adult Use Marijuana Program (AUMP) licensees.

Highlights include the following:

• Background on State Actions Related to COVID-19
  • Caregivers and Dispensaries Classified as "Other Medical Facilities"
• Guidance on Cleanliness and Sanitation
  • Review Standard Operating Procedures
    • Cleaning and Sterilization Improvements
    • Encouraging and Facilitating Social Distancing
  • State and Federal Guidance
  • Accommodating Immunocompromised and At-risk Patients
• Guidance on OMP Operations
  • Limiting in-person Interaction OMP
  • MMMP Employment Applications
  • AUMP Application Processing
  • AUMP Spring Launch Date
• Conclusion

References and Useful Resources