18-691-1 Me. Code R. § 6

Current through 2024-51, December 18, 2024

Section 691-1-6 - Trade and Employee, and Mandatory Sampling

6.1 - Trade Samples

6.1.1Regulation of Trade Samples. Licensees may not provide samples of seeds, seedlings, immature cannabis plants, mother plants or mature cannabis plants to other licensees. As authorized in this section, trade samples may be provided only by cultivation facilities, with the exception of nursery cultivation facilities, and product manufacturing facilities and:

A. Must be provided solely for the purposes of business to business marketing;

B. May not be sold or otherwise provided for payment or consideration, including swapping samples among licensees;

C. Must be conveyed by way of authorized transfer in accordance with all tracking requirements;

D. Must be packaged and labeled in accordance with Section 9 of this rule;

E. Must be placed in exit packaging in accordance with Section 9 of this rule;

F. May not be consumed on the premises of the licensee providing or receiving the sample;

G. May not be sold or conveyed to another licensee or consumer; and

H. May not be provided for any payment or consideration in contravention of sales and excise tax requirements.

6.1.2Cultivation Facilities. Cultivation facilities, with the exception of nursery cultivation facilities, may provide trade samples of cannabis grown at the facility to licensed products manufacturing facilities or cannabis stores.

6.1.3Products Manufacturing Facilities. Products manufacturing facilities may provide trade samples of cannabis products to licensed cannabis stores in accordance with this subsection.

6.1.4Trade Sample Limits. No samples of cannabis or cannabis products shall be permitted to be sold or otherwise transferred or conveyed consumers or to other licensees, except as outlined in Section 6.1.1. A licensee is limited to providing the following aggregate amounts of trade samples to an authorized individual recipient licensee in a calendar month period:

A. Edible containing products containing less than five grams of THC, which is easily divisible into servings of 10 mg of THC or less;

B. Cannabis concentrate containing five grams of THC; and

C. Two- and one-half ounces of cannabis.

6.2 - Employee Samples

6.2.1.Employee Sampling. A licensee may provide samples of cannabis and cannabis products to its employees for the purposes of research and development or employee education. As authorized in this section, employees of a cultivation facility, products manufacturing facility or a cannabis store licensee may be provided with samples of cannabis or cannabis products and:

A. Under no circumstances may an employee be required to accept or consume samples from a licensee;

B. Such samples must have passed all mandatory testing and be provided solely for the purpose of research and development of cultivars of cannabis or cannabis products not currently sold by licensee to another licensee; or in the case of a cannabis store licensee, for the purpose of providing education to its employees for the purpose of providing information to consumers regarding cannabis or cannabis products sold by the licensee;

C. Such samples must be accounted for in the Department's inventory tracking system;

D. Must be packaged and labeled in accordance with Section 9 of this rule;

E. Must be placed in exit packaging in accordance with Section 9 of this rule;

F. May not be consumed on the premises of the licensee by whom the employee is employed;

G. May not be sold or conveyed to any licensee, consumer or employee other than the employee identified in the Department's inventory tracking system; and

H. May not be provided for any payment or consideration in contravention of sales and excise tax requirements.

6.2.2Employee Sampling Limits. No samples of cannabis or cannabis products shall be permitted to be sold or otherwise transferred or conveyed to employees or to other licensees, except as outlined in Section 6. A licensee is limited to providing each authorized individual recipient employee no more than two and one half ounces of a combination of cannabis and cannabis concentrate, that includes no more than 5 grams of cannabis concentrate, in a 90 day period. A licensee may not provide any authorized individual recipient employee with a package of edible cannabis product that contains more than 100 mg of THC, which must be easily divisible into servings of 10 mg of THC or less.

6.3 - Samples for Mandatory Testing or Research and Development

6.3.1.Authorized Collection of Samples. In accordance with 28-B MRS §§604 and 604-A, all samples for mandatory testing under this Rule must be collected by:

A. An employee of the testing facility;

B. A licensed sample collector; or

C. A self-sampling licensee, collecting samples of cannabis or cannabis products cultivated, manufactured or otherwise produced by that licensee in compliance with all requirements of this Rule.

6.3.2.Collection by Cannabis Testing Facilities or Sample Collectors. An employee of a cannabis testing facility or a sample collector must collect samples of cannabis or cannabis products in compliance with:

A. Sample collection, transport and receipt recordkeeping requirements;

B. The Department-required sampling standard operating procedures;

C. The Department-required Best Practices Guide;

D. The requirements and restrictions of 28-B MRS §604; and

E. This rule.

6.3.3.Collection by Self-Sampling Licensees. A self-sampling licensee may collect samples of cannabis or cannabis products cultivated, manufactured, or otherwise produced or sold by that licensee if the licensee has submitted all required documentation to the Department and in compliance with:

A. Sample collection, transport and receipt recordkeeping requirements;

B. The Department-required sampling standard operating procedures;

C. The Department-required Best Practices Guide;

D. The requirements and restrictions of 28-B MRS §604-A; and

E. This rule.

6.3.4.Required Documentation and Record Keeping. An adult use cannabis cultivation, manufacturing, or cannabis store licensee requesting testing by a cannabis testing facility must indicate in its request for testing whether the requested testing is for mandatory testing purposes as required by this Rule or for research and development purposes. The licensee must indicate in writing, prior to collection of the samples for testing, whether such testing is for mandatory testing purposes or for research and development purposes.

A. Pursuant to 28-B MRS §602(2), a licensee must maintain a record of all mandatory testing conducted at the request of the licensee that includes at a minimum:

(1) A description of the cannabis, cannabis concentrate or cannabis product submitted for mandatory testing;

(2) The identity of the testing facility conducting the mandatory testing; and

(3) The results of any and all mandatory testing conducted at the request of the licensee.

18-691 C.M.R. ch. 1, § 6