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An Act To Allow Delivery of Adult Use Marijuana and Adult Use Marijuana Products by an Approved Marijuana Store
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  current law permits adult use marijuana, but rules have not been adopted concerning licensing retail sellers of adult use marijuana; and
Whereas,  in the absence of rules concerning licensing the retail sale of adult use marijuana, persons have been engaging in marijuana delivery activities with no oversight or accountability to the State or state authorities; and
Whereas,  it is expected that rules concerning licensing the retail sale of adult use marijuana will be adopted before 90 days after the adjournment of the First Regular Session of the 129th Legislature; and
Whereas,  it is necessary that provisions concerning the delivery of adult use marijuana be in effect at the time that the rules regarding adult use marijuana are adopted to integrate the provisions in this Act with the overall statutory and regulatory scheme concerning licensing the retail sale of marijuana for adult use; 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.  28-B MRSA §102, sub-§13-A  is enacted to read:
 
13-A.  Delivery service.     "Delivery service" means a service approved under this chapter by which a marijuana store delivers adult use marijuana and adult use marijuana products.
Sec. 2. 28-B MRSA §102, sub-§23, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
 
23. Licensed premises.   "Licensed premises" means the premises specified in a license to operate a marijuana establishment within or from which the licensee is authorized under this chapter and the rules adopted pursuant to this chapter to cultivate, manufacture, distribute, test, store, deliver or sell adult use marijuana or adult use marijuana products.
Sec. 3. 28-B MRSA §103, sub-§1, ¶C, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
 
C. Use, possess, transport, transfer, deliver, furnish or purchase marijuana or marijuana products.
Sec. 4. 28-B MRSA §105, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
The department shall implement and administer a system, referred to in this section as "the tracking system," for the tracking of adult use marijuana and adult use marijuana products from immature marijuana plant to the point of retail sale, receipt by delivery recipient, disposal or destruction.
Sec. 5.  28-B MRSA §113, sub-§2, ¶G-1  is enacted to read:
 
G-1.  The total reported volume and value of adult use marijuana and adult use marijuana products delivered by all marijuana stores in the prior calendar year, when available;
Sec. 6. 28-B MRSA §205, sub-§3, ¶A, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
 
A. A licensee that has been issued a conditional license by the department may not engage in the cultivation, manufacture, testing, delivery or sale of adult use marijuana or adult use marijuana products until the department has issued an active license to the licensee pursuant to subsection 4.
Sec. 7.  28-B MRSA §207, sub-§2-A  is enacted to read:
 
2-A.  Fee for delivery service by a marijuana store.     For an approval for a marijuana store to operate a delivery service, the department shall require payment of an application fee of $250.
Sec. 8.  28-B MRSA §402, sub-§3-A  is enacted to read:
 
3-A.  Delivery service.     A marijuana store may not operate a delivery service within a municipality unless:
 
A.  The marijuana store has met the requirements of subsection 3;
 
B.  The municipality has authorized the operation of a delivery service under subsection 3, paragraph A; and
 
C.  The marijuana store has obtained approval for the delivery service from the department under section 504-A, subsection 1.
Sec. 9.  28-B MRSA §403, sub-§3-A  is enacted to read:
 
3-A.  Delivery service.     A marijuana store may not operate a delivery service within a town, plantation or township located within the unorganized and deorganized areas unless:
 
A.  The marijuana store has met the requirements of subsection 3;
 
B.  The town, plantation or, in the case of a township, the county commissioners of the county in which the township is located has authorized the operation of a delivery service under subsection 3, paragraph A; and
 
C.  The marijuana store has obtained approval for the delivery service from the department under section 504-A, subsection 1.
Sec. 10. 28-B MRSA §504, sub-§2, ¶C, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
 
C. Sell adult use marijuana, adult use marijuana products or marijuana plants using:
 
(1) An automated dispensing or vending machine;
 
(2) A drive-through sales window;
 
(3) An Internet-based sales platform; or
 
(4) A delivery service except for a delivery service operated under section 504-A; or
Sec. 11.  28-B MRSA §504-A  is enacted to read:
§ 504-A. Operation of delivery service
A marijuana store may operate a delivery service upon application to and approval from the department. A delivery service must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter.
 
1.  Products authorized for delivery.     A delivery service is authorized to deliver the following products:
 
A.  Adult use marijuana; and
 
B.  Adult use marijuana products.
 
2.  Delivery service.     A delivery service shall conduct its operations from the marijuana store's licensed premises or from a storage facility approved under this subsection. Upon approval by the department, a marijuana store may maintain a storage facility separate from the marijuana store's retail facility. A storage facility may be located in the same municipality or a municipality other than the municipality in which the marijuana store's retail facility is located. An approved storage facility becomes part of the licensed premises of the marijuana store for delivery service purposes and is subject to inspection requirements for licensed premises under section 512. A marijuana store may operate a delivery service from a marijuana store's licensed premises or locate a storage facility only in a municipality that has authorized the operation of a delivery service under section 402, subsection 3, paragraph B or section 403, subsection 3, paragraph B. A delivery service may deliver to a recipient located in a municipality that has not authorized the operation of a marijuana establishment or a delivery service under subchapter 4. A delivery vehicle or its driver may possess up to 25 ounces of product authorized under subsection 1 while performing a delivery. For purposes of this subsection, "municipality" includes a town, plantation or township in the unorganized or deorganized areas.
 
3.  Prohibitions.     In addition to the prohibitions under section 504, subsection 2, a delivery service may not:
 
A.  Deliver adult use marijuana or adult use marijuana products to a person who is visibly intoxicated; or
 
B.  Allow a person under 21 years of age in a delivery vehicle during the course of a delivery.
 
4.  Verification of recipient's age.     A person must be 21 years of age or older to receive services from a delivery service. A delivery service may not deliver a product under subsection 1 to a person under 21 years of age.
 
A.  Prior to completing a delivery, an employee of the delivery service licensee shall verify that the recipient has a valid government-issued photographic identification card, or other acceptable photographic identification, demonstrating that the recipient is 21 years of age or older.
 
B.  The department shall by rule determine the forms of photographic identification that a delivery store licensee may accept when verifying a recipient's age pursuant to paragraph A.
 
5.  Qualification of drivers.     If an employee of the delivery service licensee performs a delivery by use of a motor vehicle, the employee:
 
A.  Must be 21 years of age or older pursuant to section 506;
 
B.  May not have been convicted of or adjudicated as having committed a violation under Title 29-A, chapter 23 or have had the employee's operator's license suspended or revoked for a traffic infraction or motor vehicle violation;
 
C.  May not have been convicted of a disqualifying drug offense or any offense under Title 17-A, chapter 9, 11, 12, 13 or 27;
 
D.  Shall undergo a criminal history record check under section 204.
 
6.  Tracking.     In accordance with the requirements of section 105, a marijuana store licensee shall track all adult use marijuana and adult use marijuana products delivered to a delivery recipient.
Sec. 12. 28-B MRSA §512, sub-§1, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
 
1. Inspections.   A licensee shall submit to an inspection of its licensed premises, including, but not limited to, any places of storage and, any locked areas and any vehicles, upon demand and without notice during all business hours and other times of apparent activity by the department, a criminal justice agency or an official authorized by the municipality in which the licensed premises are located.
 
For the purposes of this subsection, "municipality" has the same meaning as in section 212.
Sec. 13. 28-B MRSA §601, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
§ 601.Testing program established
The department shall establish a testing program for adult use marijuana and adult use marijuana products. Except as otherwise provided in this subchapter, the program must require a licensee, prior to selling or, distributing or delivering adult use marijuana or an adult use marijuana product to a consumer or to another licensee, to submit the marijuana or marijuana product to a testing facility for testing to ensure that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required and to ensure correct labeling. The department shall adopt rules establishing a testing program pursuant to this section, rules identifying the types of contaminants that are injurious to health for which marijuana and marijuana products must be tested under this subchapter and rules regarding the maximum level of allowable contamination for each contaminant. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 14. 28-B MRSA §602, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
A licensee may not sell or, distribute or deliver adult use marijuana or an adult use marijuana product to a consumer or to another licensee under this chapter unless the marijuana or marijuana product has been tested pursuant to this subchapter and the rules adopted pursuant to this subchapter and that mandatory testing has demonstrated that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required.
Sec. 15. 28-B MRSA §605, first ¶, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
Notwithstanding section 602, a licensee may sell, distribute or furnishdeliver to a consumer or to another licensee adult use marijuana or an adult use marijuana product that the licensee has not submitted for testing in accordance with this subchapter and rules adopted pursuant to this subchapter if:
Sec. 16. 28-B MRSA §701, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
§ 701.Labeling and packaging
 
1. Labeling requirements.   Adult use marijuana and adult use marijuana products to be sold or, offered for sale or delivered by a licensee to a consumer in accordance with this chapter must be labeled with the following information, as applicable based on the marijuana or marijuana product to be sold:
 
A. The license numbers of the cultivation facility, the products manufacturing facility and the marijuana store where the adult use marijuana or adult use marijuana product was cultivated, manufactured and offered for sale;
 
B. An identity statement and universal symbol;
 
C. Health and safety warning labels as required by rules adopted by the department after consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention;
 
D. The batch number;
 
E. A net weight statement;
 
F. Information on the THC potency of the marijuana or marijuana product and the potency of such other cannabinoids or other chemicals in the marijuana or marijuana product, including, but not limited to, cannabidiol;
 
G. Information on the amount of THC and cannabidiol per serving of the marijuana or marijuana product and, for edible marijuana products, the number of servings per package;
 
H. Information on gases, solvents and chemicals used in marijuana extraction;
 
I. Instructions on usage;
 
J. For adult use marijuana products:
 
(1) The amount of marijuana concentrate per serving of the product, as measured in grams, and the amount of marijuana concentrate per package of the product, as measured in grams;
 
(2) A list of ingredients and possible allergens; and
 
(3) A recommended use date or expiration date;
 
K. For edible marijuana products, a nutritional fact panel; and
 
L. Any other information required by rule by the department.
 
2. Packaging requirements.   Adult use marijuana and adult use marijuana products to be sold or, offered for sale or delivered by a licensee to a consumer in accordance with this chapter must be packaged in the following manner, as applicable based on the marijuana or marijuana product to be sold:
 
A. Adult use marijuana and adult use marijuana products must be prepackaged in child-resistant and tamper-evident packaging or must be placed in child-resistant and tamper-evident packaging at the final point of sale to a consumer;
 
B. Adult use marijuana and adult use marijuana products must be prepackaged in opaque packaging or an opaque container or must be placed in opaque packaging or an opaque container at the final point of sale to a consumer;
 
C. Packaging for multiserving liquid adult use marijuana products must include an integral measurement component and a child-resistant cap; and
 
D. Packaging must conform to all other applicable requirements and restrictions imposed by rule by the department.
 
3. Other approved labeling and packaging.   Adult use marijuana and adult use marijuana products to be sold or, offered for sale or delivered by a licensee to a consumer in accordance with this chapter may include on the label or the packaging of the marijuana or marijuana product:
 
A. A statement of compatibility with dietary practices;
 
B. Depictions of geometric shapes or marijuana leaves;
 
C. Use of the terms "organic," "organically cultivated" or "organically grown" in accordance with requirements regarding the use of such terms as adopted by rule by the department; and
 
D. Any other information that has been preapproved by the department.
 
4. Labeling and packaging prohibitions.   Adult use marijuana and adult use marijuana products to be sold or, offered for sale or delivered by a licensee to a consumer in accordance with this chapter:
 
A. May not be labeled or packaged in violation of a federal trademark law or regulation or in a manner that would cause a reasonable consumer confusion as to whether the marijuana or marijuana product was a trademarked product;
 
B. May not be labeled or packaged in a manner that is specifically designed to appeal particularly to a person under 21 years of age;
 
C. May not be labeled or packaged in a manner that obscures identifying information on the label or uses a false or deceptive label;
 
D. May not be sold or, offered for sale or delivered using a label or packaging that depicts a human, animal or fruit; and
 
E. May not be labeled or packaged in violation of any other labeling or packaging requirement or restriction imposed by rule by the department.
Sec. 17. 28-B MRSA §703, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
§ 703.Other health and safety requirements and restrictions; rules
 
1. Requirements and restrictions for edible marijuana products.   In addition to all other applicable provisions of this subchapter, edible marijuana products to be sold or, offered for sale or delivered by a licensee to a consumer in accordance with this chapter:
 
A. May be manufactured in geometric shapes or in the shape of a marijuana leaf;
 
B. Must be manufactured in a manner that results in the cannabinoid content within the product being homogeneous throughout the product or throughout each element of the product that has a cannabinoid content;
 
C. Must be manufactured in a manner that results in the amount of marijuana concentrate within the product being homogeneous throughout the product or throughout each element of the product that contains marijuana concentrate;
 
D. Must have a universal symbol stamped or embossed on each serving of the product;
 
E. May not be manufactured in the distinct shape of a human, animal or fruit;
 
F. May not contain more than 10 milligrams of THC per serving of the product and may not contain more than 100 milligrams of THC per package of the product;
 
G.  May not contain additives that are:
 
(1) Toxic or harmful to human beings;
 
(2) Specifically designed to make the product more addictive or that are misleading to consumers; or
 
(3) Specifically designed to make the product appeal particularly to a person under 21 years of age; and
 
H. May not involve the addition of marijuana to a trademarked food or drink product, except when the trademarked product is used as a component of or ingredient in the edible marijuana product and the edible marijuana product is not advertised or described for sale as containing the trademarked product.
 
2. Health and safety rules.   The department shall adopt labeling, packaging and other necessary health and safety rules for adult use marijuana and adult use marijuana products to be sold or, offered for sale or delivered by a licensee to a consumer in accordance with this chapter. Rules adopted pursuant to this subsection must establish mandatory health and safety standards applicable to the cultivation of adult use marijuana, the manufacture of adult use marijuana products and the packaging and labeling of adult use marijuana and adult use marijuana products sold or delivered by a licensee to a consumer. Such rules must address, but are not limited to:
 
A. Requirements for the storage, warehousing and transportation of adult use marijuana and adult use marijuana products by licensees;
 
B. Sanitary standards for marijuana establishments, including, but not limited to, sanitary standards for the manufacture of adult use marijuana and adult use marijuana products; and
 
C. Limitations on the display of adult use marijuana and adult use marijuana products at marijuana stores.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill amends the Marijuana Legalization Act to allow delivery of adult use marijuana and adult use marijuana products by a marijuana store if the municipality or town, plantation or township in which the marijuana store is located authorizes the operation of delivery services and the marijuana store receives approval to operate the delivery service from the Department of Administrative and Financial Services. A marijuana store is allowed to maintain a separate storage facility approved by the department in which to store product or from which to conduct delivery service operations and which may be located in the same municipality as the retail facility of the marijuana store or another municipality subject to the approval of the other municipality. Delivery services are subject to the same testing, tracking, labelling and packaging requirements as retail sales of adult use marijuana and marijuana products, delivery service drivers are subject to the same requirements as the employees of a marijuana store, delivery recipients are subject to the same customer restrictions regarding age and state of intoxication as marijuana store customers and delivery service vehicles are subject to the same inspection requirements as the marijuana store's licensed premises and may not have an occupant under 21 years of age during the course of a delivery.