18-691-20 Me. Code R. § 1

Current through 2024-51, December 18, 2024
Section 691-20-1 - Individual Identification Cards
(1)Individual Identification Cards Required.
(A) A valid individual identification card issued by the Department is required to be displayed by any individual working in or for a licensed cannabis establishment who:
(1) possesses, cultivates, manufactures, packages, tests, dispenses, transfers, serves, handles, transports or delivers cannabis or cannabis products;
(2) has the authority to access or input data into the inventory tracking system or a cannabis establishment point of sale system; or
(3) is a principal of the licensee or other person having a controlling authority or leading position in the licensee's operations.
(B) Licensees are responsible for verifying that each required person has a valid individual identification card and must report within 24 hours any attempt by an individual to use an individual identification card that is falsified, altered or issued to a person other than the bearer.
(C) A contractor or visitor of the licensee, including, but not limited to, an electrician, a plumber, an engineer, an alarm technician, an attorney, or a local, state or federal elected official whose scope of work will not involve the handling of cannabis or cannabis products does not require an individual identification card, subject to the requirements of §1, sub-§1 of 18-691 CMR, ch. 30.
(D) The individual identification card requirement does not apply to employees or agents of the Department, law enforcement officers or employees or agents of other local or state agencies with regulatory authority, including but not limited to fire marshals, electrical inspectors, pesticide control staff and environmental inspectors, for the purpose of exercising such regulatory authority.
(2)Issuance of Individual Identification Cards.
(A) The Department shall issue individual identification cards to natural persons licensed under Title 28-B.
(B) Upon request, the Department shall issue an individual identification card to a principal who has participated in the license application process and has had fingerprinting and criminal history record checks approved by the Department within the past 24 months, subject to the reporting of any arrests subsequent to the criminal history record check.
(C) Upon request, the Department shall issue an individual identification card for the purpose of employment to an applicant who:
(1) Submits proof of being of age 21 or older in a form satisfactory to the Department;
(2) Submits any other information required by the Department on its individual identification card application form, including history of enforcement actions in the adult use or medical use of cannabis programs; and
(3) Satisfies all requirements for the issuance of an individual identification card.
(D) The Department shall not permit an individual to act as a principal if they have been convicted of a disqualifying drug offense, but the Department may issue the individual an individual identification card.
(E) The Department may for good cause deny an application for individual identification card by any person who:
(1) Has faced penalties under the adult use cannabis program;
(2) Has been subject to revocation or denial of a registry identification card or registration certificate issued pursuant to 22 MRS, chapter 558-C;
(3) Has outstanding court-ordered payments, past due taxes or fees or other tax delinquency;
(4) Has had an individual identification card revoked within the previous 2 years; or
(5) Has had been subject to 2 or more individual identification card revocations.
(F) Each licensee shall provide to the Department upon request a list of all individual identification card numbers used by any principals, contractors, employees or other support staff of the licensee.
(G) The Department may maintain a list of all individual identification cards that have been issued to individuals and any licensees that have reported an affiliation with the cardholder.
(3)Format and Use of Individual Identification Cards.
(A) The Department shall charge fees for the issuance, reissuance and renewal of an individual identification card in accordance with the fee schedule located in 18-691 CMR, ch. 10, §2.
(B) The individual identification card shall include a current photograph, full name, date of birth, date of issuance, expiration date and a unique identification number.
(C) Individual identification cards are valid for two years from the date of issue.1 The individual identification card shall be renewed on forms provided by the Department in accordance with the fee schedule located in 18-691 CMR, ch. 10, § 2.
(D) All individual identification cards shall remain the property of the Department and shall be returned to the Department upon demand of the Department.
(E) No person shall alter, obscure, damage or deface an individual identification card in any manner. To be valid, all individual identification cards must be in good condition, with all original markings and information clearly legible.
(F) The holder of an identification card must notify the Department immediately if the individual identification card is lost, stolen or damaged. A fee, in accordance with the fee schedule located in 18-691 CMR, ch. 10, § 2, will be charged for the issuance of a reissued individual identification card, which will not extend the expiration date of the individual identification card it replaces.
(4)Appeals. An applicant may appeal an application denial pursuant to the Maine Administrative Procedure Act, 5 MRS, chapter 375.

1 Effective July 1, 2025, individual identification cards, and renewals thereof, shall be valid for two years from the date of issuance.

18-691 C.M.R. ch. 20, § 1