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Maine

Allows Medical marijuana?: Yes

Allows Adult-Use marijuana?: Yes

2018 Medical Sales : $59,000,000

2022 Projected Medical Sales : $28,000,000

2018 Adult Use Sales : $0

2022 Projected Adult Use Sales : $237,000,000

Noteworthy Information: 
{{COVID-19 Update: Medical cannabis caregivers and dispensaries are considered essential and exempt from closing. The Office of Marijuana Policy is urging businesses to adjust their operating procedures when it comes to sanitizing surfaces. The agency recommends measures to facilitate social distancing like limiting the number of patients in a dispensary and using markers to ensure people waiting in line remain six feet apart from one another. https://www.maine.gov/dafs/omp/sites/maine.gov.dafs.omp/files/inline-files/Memorandum_on_Coronavirus_COVID-19_Civil_Emergency.pdf The launch of the adult use market is delayed until June 2020, at minimum.}}

Voters approved adult-use legalization in November 2016. The legislature has delayed implementation dates. On May 2, 2018, the Legislature overrode the Governor’s veto of LD 1719, An Act to Implement a Regulatory Structure for Adult Use Marijuana. The law will facilitate “the development and administration of a regulated marketplace in the State for adult use marijuana and the regulation of the personal use of marijuana and the home cultivation of marijuana for personal adult use pursuant to the Marijuana Legalization Act.” Once a consultant is hired to assist with the rulemaking process, the Department of Administrative and Financial Services estimates that it will take at least nine months to draft, finalize and implement the rulemaking process that would be required to establish an adult-use marijuana program. The medical program has existed in some form since 1998. A law passed in June 2018 eliminates the cap on how much marijuana can be sold in medical dispensaries, authorizes municipal control, and now anyone with a medical certification from their healthcare provider can purchase medical cannabis.

Is there a Regulatory Structure? (State Agency): Yes
(Medical: Department of Health and Human Services , Division of Public Health Services, Medical Use of Marijuana Program)
(Adult-use: Bureau of Alcoholic Beverages and Lottery Operations)

# of Dispensaries Allowed (# issued): Medical: 8 allowed (8 issued)

Retail: No state limit (0 issued)

# of Cultivations Allowed (# issued): Medical: N/A. Dispensaries do all their own cultivation.

Retail: No state limit (0 issued)

# of Manufacturers Allowed (# issued): Medical: N/A. Dispensaries do all manufacturing as well. To do so they must obtain a food establishment license.

Retail: No state limit (0 issued)

# of Testing labs Allowed (# issued): As of 2016 allowed (0 issued)

Geographic Distribution of Licenses: Medical: Initially distributed by Public Health Districts. 1 dispensary was allowed in each of the 8 Public Health Districts. The eight Public Health Districts are: York District 1 (York County); Cumberland District 2 (Cumberland County); Western District 3 (Androscoggin, Franklin, and Oxford Counties); Midcoast District 4 (Waldo, Lincoln, Knox, Sagadahoc Counties); Central Maine District 5 (Somerset and Kennebec Counties); Penquis District 6 (Penobscot and Piscataquis Counties); Downeast District 7 (Washington and Hancock counties); and Aroostook District 8 (Aroostook County). Retail: No state distribution requirements.

Application Fee: 
Medical: Dispensary Certificate of Registration Application Fee= $15,000 
Identification Card Application Fee= $25
Background Check Fee (initial application)= $31
Registered Primary Caregiver Application fee= $240/per patient (maximum patient count is 5 –> $1,200 max) *non-cultivating primary caregivers are not subject to this fee
Change of Location Fee= $5,000

Retail: 
“The state licensing authority shall determine the revenue needed to set up the licensing and enforcement operations of the department and set the fees applicable to the categories as outlined in subsection 1 within the ranges specified in the following schedule:
A. Retail marijuana store license= $250 non-refundable application fee;
B. Retail marijuana cultivation facility license;
Tier 1 recreational cultivation facility license application fee = $100
Tier 2 recreational cultivation facility license application fee = $500
Tier 3 recreational cultivation facility license application fee = $500
Tier 4 recreational cultivation facility license application fee = $500
Nursery cultivation facility license application fee = $60
C. Retail marijuana products manufacturing facility license= $250 non-refundable application fee;
D. Retail marijuana testing facility license= $250 non-refundable application fee;
E. Retail marijuana social club license= $250 non-refundable application fee; and
F. Occupational licenses and registrations for owners, managers, operators, employees, contractors and other support staff employed at, working in or having access to restricted access areas of the licensed premises, as determined by the state licensing authority.”

Licensing Fees: 
Medical:
Dispensary Certificate or Registration Renewal Fee= $15,000
Identification card renewal fee= $25
Background Check Fee (renewal)= $31
Change of Location Fee= $5,000
Replacement Identification Card Fee= $8
Registered Primary Caregiver Renewal fee= $240/per patient (maximum patient count is 5 –> $1,200 max) *non-cultivating primary caregivers are not subject to this fee

Retail: 
“The state licensing authority shall determine the revenue needed to set up the licensing and enforcement operations of the department and set the fees applicable to the categories as outlined in subsection 1 within the ranges specified in the following schedule:
A. Retail marijuana store license, $250 to $2,500;
B. Tier 1 Retail Marijuana indoor cultivation facility license=$10 to $500
Tier 1 Retail Marijuana Outdoor cultivation facility license=$10 to $250
Tier 2 Retail Marijuana Outdoor cultivation facility license fee=up to $1,500
Tier 2 Retail Marijuana Indoor cultivation facility license fee=up to $3,000
Tier 3 Retail Marijuana Outdoor cultivation facility license fee=up to $5000
Tier 3 Retail Marijuana Indoor cultivation facility license fee=up to $10,000
Tier 4 Retail Marijuana Outdoor cultivation facility license fee=up to $15,000
Tier 4 Retail Marijuana cultivation facility license fee=up to $30,000
Each approved increase in the amount of licensed outdoor plant canopies may increase the facility License fee up to $5,000
Each approved increase in the amount of licensed indoor plant canopies may increase the facility License fee up to $10,000
Nursery cultivation facility license fee=$350
C. Retail marijuana products manufacturing facility license= $2,500
D. Retail marijuana testing facility license= $1,000
E. Retail marijuana social club license= $2,500
F. Occupational licenses and registrations for owners, managers, operators, employees, contractors and other support staff employed at, working in or having access to restricted access areas of the licensed premises, as determined by the state licensing authority.”

Residency Requirements: 
Medical: Yes. All principal officers and board members of a registered dispensary must be residents of the State of Maine.

Retail: Not yet known.

Vertical Integration Allowed, Required or Prohibited: 
Medical: Required.
Retail: Appears to be allowed, except for labs.

Medical Marijuana Qualifying Patient Conditions: 
There are no longer any set qualifying conditions.

Testing Required: 
Medical testing facilities are now able to operate and lab verification of label information on all cannabis products is required.

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