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An Act Relating to Marijuana Testing Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2422, sub-§§5-C and 14-A  are enacted to read:
 
5-C.  Marijuana testing facility.     "Marijuana testing facility" means a public or private laboratory that:
 
A.  Is licensed, certified or otherwise approved by the department in accordance with rules adopted by the department to analyze contaminants in and potency and cannabinoid profile of samples;
 
B.  Is accredited pursuant to ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party accrediting body or certified, registered or accredited by an organization approved by the department; and
 
C.  Employs a director who holds a master's degree or higher in a relevant field of science.
 
14-A.  Sample.     "Sample" means any marijuana or product containing marijuana regulated under this chapter that is provided for testing or research purposes to a marijuana testing facility by a dispensary, registered primary caregiver or qualifying patient.
Sec. 2. 22 MRSA §2423-A, sub-§1, ¶G, as amended by PL 2013, c. 396, §3, is further amended to read:
 
G. Be in the presence or vicinity of the medical use of marijuana and assist any qualifying patient with using or administering marijuana; and
Sec. 3. 22 MRSA §2423-A, sub-§1, ¶H, as enacted by PL 2013, c. 396, §4, is amended to read:
 
H. Accept excess prepared marijuana from a primary caregiver in accordance with subsection 2, paragraph H if nothing of value is provided to the primary caregiver.; and
Sec. 4.  22 MRSA §2423-A, sub-§1, ¶I  is enacted to read:
 
I.  Provide samples to a marijuana testing facility for testing and research purposes.
Sec. 5. 22 MRSA §2423-A, sub-§2, ¶J, as amended by PL 2013, c. 588, Pt. D, §3, is further amended to read:
 
J. Use a pesticide in the cultivation of marijuana if the pesticide is used consistent with federal labeling requirements, is registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 607 and is used consistent with best management practices for pest management approved by the Commissioner of Agriculture, Conservation and Forestry. A registered primary caregiver may not in the cultivation of marijuana use a pesticide unless the registered primary caregiver or the registered primary caregiver's employee is certified in the application of the pesticide pursuant to section 1471-D and any employee who has direct contact with treated plants has completed safety training pursuant to 40 Code of Federal Regulations, Section 170.130. An employee of the registered primary caregiver who is not certified pursuant to section 1471-D and who is involved in the application of the pesticide or handling of the pesticide or equipment must first complete safety training described in 40 Code of Federal Regulations, Section 170.230; and
Sec. 6. 22 MRSA §2423-A, sub-§2, ¶K, as reallocated by RR 2013, c. 1, §40, is amended to read:
 
K. For the purpose of disposing of excess prepared marijuana, transfer prepared marijuana to a registered dispensary for reasonable compensation. The transfer of prepared marijuana by a primary caregiver to one or more dispensaries under this paragraph is limited to a registered primary caregiver. A registered primary caregiver may not transfer more than 2 pounds of excess prepared marijuana for reasonable compensation under this paragraph in a calendar year. A primary caregiver who transfers prepared marijuana pursuant to this paragraph does not by virtue of only that transfer qualify as a member of a collective.;
Sec. 7.  22 MRSA §2423-A, sub-§2, ¶¶L and M  are enacted to read:
 
L.  If the primary caregiver is a registered primary caregiver, provide samples to a marijuana testing facility for testing and research purposes; and
 
M.  If the primary caregiver is a registered primary caregiver, own and operate a marijuana testing facility for research and development purposes.
Sec. 8. 22 MRSA §2423-A, sub-§3, ¶A, as amended by PL 2013, c. 374, §1, is further amended to read:
 
A. A patient who elects to cultivate marijuana plants must keep the plants in an enclosed, locked facility unless the plants are being transported because the patient is moving or taking the plants to the patient's own property in order to cultivate them. Access to the cultivation facility is limited to the patient, except that emergency services personnel, an employee of a marijuana testing facility or a person who needs to gain access to the cultivation facility in order to perform repairs or maintenance or to do construction may access the cultivation facility to provide those professional services while under the direct supervision of the patient.
Sec. 9.  22 MRSA §2423-A, sub-§10  is enacted to read:
 
10.  Marijuana testing facility.     The following provisions apply to marijuana testing facilities.
 
A.  A marijuana testing facility may receive and possess samples from qualifying patients, registered primary caregivers and dispensaries to provide testing of the samples for the cannabinoid profile and potency of the samples and for contaminants in the samples, including but not limited to mold, mildew, heavy metals, plant-growth regulators and illegal pesticides.
 
B.  An employee of a marijuana testing facility may have access to cultivation facilities pursuant to subsection 3, paragraph A and section 2428, subsection 6, paragraph I.
 
C.  A marijuana testing facility shall:
 
(1) Properly dispose of medical marijuana residue in compliance with department rules;
 
(2) Maintain testing results as part of its business books and records; and
 
(3) Operate in accordance with security rules adopted by the department.
 
D.  The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A governing marijuana testing facilities, including, but not limited to:
 
(1) The form and content of marijuana labeling;
 
(2) Standards for the testing of samples by marijuana testing facilities;
 
(3) Requirements relating to the size of samples and collection methods for samples;
 
(4) Marijuana testing facility director qualification requirements;
 
(5) Required security for marijuana testing facilities; and
 
(6) Requirements for the licensing, certifying or other approval of marijuana testing facilities.
Sec. 10.  22 MRSA §2423-E, sub-§9  is enacted to read:
 
9.  Labels.     If a registered primary caregiver affixes a label on the packaging of any marijuana or product containing marijuana provided to a patient and that label includes the cannabinoid profile or potency of the marijuana or product containing marijuana, the label must be verified by a marijuana testing facility.
Sec. 11. 22 MRSA §2428, sub-§6, ¶I, as amended by PL 2013, c. 501, §2, is further amended to read:
 
I. All cultivation of marijuana must take place in an enclosed, locked facility unless the marijuana plants are being transported between the dispensary and a location at which the dispensary cultivates the marijuana plants, as disclosed to the department in subsection 2, paragraph A, subparagraph (3). The dispensary shall use a numerical identification system to enable the dispensary to track marijuana plants from cultivation to sale and to track prepared marijuana obtained pursuant to section 2423-A, subsection 2, paragraph H from acquisition to sale. Access to the cultivation facility is limited to a cardholder who is a principal officer, board member or employee of the dispensary when acting in that cardholder's official capacity, except that an elected official invited by a principal officer, board member or employee for the purpose of providing education to the elected official on cultivation by the dispensary, emergency services personnel, an employee of a marijuana testing facility or a person who needs to gain access to the cultivation facility in order to perform repairs or maintenance or to do construction may access the cultivation facility to provide professional services while under the direct supervision of a cardholder who is a principal officer, board member or employee of the dispensary.
Sec. 12.  22 MRSA §2428, sub-§6, ¶¶M and N  are enacted to read:
 
M.  A dispensary may provide samples to a marijuana testing facility for testing and research purposes.
 
N.  A dispensary may own and operate a marijuana testing facility for research and development purposes.
Sec. 13.  22 MRSA §2428, sub-§12  is enacted to read:
 
12.  Labels.     If a dispensary affixes a label on the packaging of any marijuana or product containing marijuana provided to a patient and that label includes the cannabinoid profile or potency of the marijuana or product containing marijuana, the label must be verified by a marijuana testing facility.
Sec. 14. Rules. By December 31, 2015, the Department of Health and Human Services shall adopt rules pursuant to the Maine Revised Statutes, Title 22, section 2423-A, subsection 10, paragraph D.
 
SUMMARY
This bill allows for the operation of marijuana testing facilities. These facilities may possess marijuana regulated under the Maine Medical Use of Marijuana Act. Dispensaries and registered primary caregivers may own and operate marijuana testing facilities for research and development purposes. If a label for medical marijuana refers to potency or cannabinoid profile, the label must be verified by a marijuana testing facility.