Section 691-20-3 - Cannabis Establishment Licenses and Authorized Activity(1)Cultivation Facility License.(A) The Department may issue the following types of cultivation facility licenses: (1)Tier 1 cultivation facility license. The two subcategories of tier 1 cultivation facility license are plant-count-based tier 1 cultivation facility license and plant- canopy-based tier 1 cultivation facility license: (a) Plant-count-based tier 1 cultivation facility license. Allows cultivation of a specified number (not more than 30) of mature cannabis plants and an unlimited number of immature cannabis plants and seedlings;(b) Plant-canopy-based tier 1 cultivation facility license. Allows cultivation of not more than 500 square feet of plant canopy of mature plants;(2)Tier 2 cultivation facility license. Allows cultivation by a licensee of not more than 2,000 square feet of plant canopy of mature cannabis plants;(3)Tier 3 cultivation facility license. Allows cultivation by a licensee of not more than 7,000 square feet of plant canopy of mature cannabis plants;(4)Tier 4 cultivation facility license. Allows cultivation by a licensee of not more than 20,000 square feet of plant canopy of mature cannabis plants, except as approved by the Department pursuant to 28-B MRS §304; or(5)Nursery cultivation facility license. Allows cultivation by a licensee of not more than 1,000 square feet of cannabis plant canopy, subject to the requirements and restrictions of 28-B MRS §501(3).(B) A tier 1, tier 2, tier 3 or tier 4 cultivation facility license permits the following activities, subject to all requirements of Maine Title 28-B and the rules governing the adult use cannabis program: (1) Planting and raising cannabis plants, subject to the limits associated with each tier of license described above;(2) Selling or otherwise transferring cannabis plants to another cultivation facility;(3) Harvesting and trimming cannabis plants;(4) Combining harvest batches of cannabis trim or kief into production batches;(5) Storing harvested cannabis flower, including kief, and cannabis trim;(6) Packaging cannabis flower, including kief, and cannabis trim into individual retail units for wholesale to a cannabis store;(7) Collecting samples of cannabis for mandatory testing and delivering those samples to a testing facility;(8) Selling and transporting cannabis flower, including kief, and cannabis trim to testing facilities, products manufacturing facilities or cannabis stores;(9) Accepting returns of adult use cannabis or cannabis products from consumers, or returns of cannabis or cannabis products that were returned from a consumer to a cannabis store and subsequently returned to a cultivation facility for destruction, and promptly destroying such returned items;(10) Accepting returns of cannabis flower, including kief, and cannabis trim from a products manufacturing facility that received the cannabis flower or trim from the cultivation facility, and then reselling that returned cannabis flower or trim subject to the inventory tracking requirements of the Compliance Rules for Adult Use Cannabis Establishments, 18-691 CMR, ch. 30 and the mandatory testing requirements of the Rules for the Testing of Adult Use Cannabis, 18-691 CMR, ch. 40; and(11) Accepting returns of pre-packaged retail units of cannabis flower, including kief, and cannabis trim from another cultivation facility, products manufacturing facility or cannabis store that received the cannabis flower or trim from the cultivation facility, and then reselling that returned cannabis flower or trim subject to the inventory tracking requirements of the Compliance Rules for Adult Use Cannabis Establishments, and the mandatory testing requirements of the Rules for the Testing of Adult Use Cannabis, 18-691 CMR, ch. 40.(C) In addition to the activities authorized above, a tier 1 or tier 2 cultivation facility is permitted to conduct sales of cannabis and cannabis products by delivery to consumers 21 years of age or older in accordance with the requirements of this rule and the Compliance Rules for Adult Use Cannabis Establishments, 18-691 CMR, ch. 30. (1) A tier 1 or tier 2 cultivation facility may accept wholesale transfers of cannabis and cannabis products packaged and labeled for retail sale to consumers by delivery; and(2) A tier 1 or tier 2 cultivation facility may designate a portion of its inventory of cannabis flower or cannabis trim for retail sale to consumers by delivery.(D) A nursery cultivation facility license permits the following activities, subject to all requirements of 28-B MRS and the rules governing the adult use cannabis program: (1) Cultivating immature cannabis plants, subject to the limits described above;(2) Cultivating mature cannabis plants, subject to the plant canopy square footage limits in § 3, sub-§ 1 of this rule, and mother plants, solely for the purpose of propagating seedlings or immature cannabis plants or collecting seeds, in an area clearly delineated from areas used for planting and raising immature cannabis plants and seedlings;(3) Collection of cannabis seeds for sale;(4) Preparation of cannabis seedlings and immature plants for sale;(5) Collecting samples of cannabis for mandatory or research and development testing and delivering those samples to a testing facility;(6) Selling cannabis seeds, seedlings and immature plants to cultivation facilities and cannabis stores;(7) Selling unlimited cannabis seeds, and a sum total of 12 seedlings and immature plants to a consumer 21 years of age or older, provided the licensee has designated an area of premises for retail sales in compliance with 18-691 CMR, ch. 30, § 1, sub-§1(B);(8) Selling agricultural or gardening supplies relating to the cultivation of cannabis to a consumer 21 years of age or older;(9) Conducting retail sales by delivery of immature cannabis plants, seedlings, cannabis seeds and agricultural or gardening supplies relating to the cultivation of cannabis to consumers 21 years of age or older;(10) Accepting returns of immature cannabis plants, seedlings, cannabis seeds and agricultural or gardening supplies relating to the cultivation of cannabis from consumers and promptly destroying such returned items; and(11) Accepting returns of immature cannabis plants, seedlings, and cannabis seeds from another cultivation facility or a cannabis store that received the immature cannabis plants, seedlings, or cannabis seeds from the cultivation nursery cultivation facility and reselling those items subject to the inventory tracking requirements of the Compliance Rules for Adult Use Cannabis Establishments, 18-691 CMR, ch. 30, § 2. (2)Cannabis Testing Facility License.(A) A cannabis testing facility may purchase or otherwise obtain cannabis or cannabis products for the purposes of training staff, developing and validating protocols, and other purposes that directly support the operation of a cannabis testing facility.(B) A cannabis testing facility license permits the following activities on behalf of cultivation facilities, products manufacturing facilities, and cannabis stores subject to all requirements of 28-B MRS and the rules governing the adult use cannabis program: (1) Collecting and transporting, for the purpose of mandatory testing pursuant to 28-B MRS §602, samples of cannabis and/or cannabis products cultivated, manufactured or sold by a licensed cannabis establishment;(2) Receiving, for the purpose of mandatory or other testing, samples of cannabis and cannabis products from sample collectors and self-samplers;(3) Performing laboratory analysis of samples of cannabis and cannabis products following protocols approved by the Department and in accordance with Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch. 5;(4) Providing reports on cannabinoid identity and content profiles and biological and chemical contaminants to cultivation facilities, products manufacturing facilities, and cannabis stores;(5) Reporting testing results according to the requirements of 18-691 CMR, ch. 40; and(6) Destroying and disposing of samples, subject to all requirements of 28-B MRS and 18-691 CMR, ch. 30, § 4.(C) A cannabis testing facility license permits the licensee, upon notification in writing to the Department, to:(1) Accept, from a person 21 years of age or older, cannabis or cannabis products grown or possessed lawfully under 28-B MRS, chapter 3;(2) Perform laboratory analysis of samples of cannabis or cannabis products following protocols approved by the Department; and(3) Issue, solely for the use of the person 21 years of age or older, a report on cannabinoid identity and content profiles and biological and chemical contaminants of the sample.(D) A cannabis testing facility license permits, upon notification in writing to the Department, the following activities on behalf of qualifying patients, caregivers, registered caregivers or registered dispensaries, subject to all requirements of 28-B MRS, 22 MRS, chapter 558-C and the rules governing the adult use cannabis program: (1) Collecting and transporting, for testing purposes, samples of cannabis or cannabis products from a qualifying patient, a caregiver, a registered caregiver or a registered dispensary;(2) Performing laboratory analysis of samples of cannabis and cannabis products following protocols approved by the Department;(3) Providing reports to qualifying patients, caregivers, registered caregivers or dispensaries; and(4) Destroying and disposing of samples, subject to all requirements of 28-B MRS and 18-691 CMR, ch. 30, § 4.(3)Products Manufacturing Facility License.(A) A products manufacturing facility license permits the following activities, subject to all requirements of 28-B MRS and the rules governing the adult use cannabis program: (1) Purchasing adult use cannabis from licensed cultivation facilities;(2) Purchasing adult use cannabis concentrate from other licensed products manufacturing facilities;(3) Extracting cannabinoids from cannabis;(4) Preparing, weighing, packaging, labeling and storing cannabis and cannabis products;(5) Collecting samples of cannabis or cannabis products for mandatory or research and development testing and delivering those samples to a testing facility;(6) Selling or authorized transport of cannabis or cannabis products to licensed products manufacturing facilities and/or cannabis stores;(7) Selling adult use cannabis and cannabis products by delivery to consumers 21 years of age or older in accordance with the requirements of this rule and the Compliance Rules for Adult Use Cannabis Establishments, 18-691 CMR, ch. 30. (a) A products manufacturing facility may accept wholesale transfers of cannabis and cannabis products packaged and labeled for retail sale to consumers by delivery;(b) A products manufacturing facility may designate a portion of its inventory of cannabis and cannabis products for retail sale to consumers by delivery;(8) Accepting returns of adult use cannabis or cannabis products from consumers and promptly destroying such returned items;(9) Accepting returns of adult use cannabis or cannabis products from another products manufacturing facility that received the cannabis or cannabis products from the products manufacturing facility, and then reselling that returned cannabis or cannabis products subject to the inventory tracking requirements of the Compliance Rules for Adult Use Cannabis Establishments, 18-691 CMR, ch. 30, § 2, and the mandatory testing requirements of the Rules for the Testing of Adult Use Cannabis, 18-691 CMR, ch. 40;(10) Accepting returns of pre-packaged retail units of adult use cannabis or cannabis products from another products manufacturing facility, cultivation facility or cannabis store that received the cannabis or cannabis products from the products manufacturing facility, and then reselling that returned adult use cannabis or cannabis products subject to the inventory tracking requirements of the Compliance Rules for Adult Use Cannabis Establishments, 18-691 CMR, ch. 30, § 2 and the mandatory testing requirements of the Rules for the Testing of Adult Use Cannabis, 18-691 CMR, ch. 40; and(11) As applicable, for products manufacturing facility licensees that have a valid food establishment license from the Department of Agriculture, Conservation and Forestry, manufacture for sale or distribution any products that the facility is authorized to manufacture or distribute in accordance with the food establishment license and the requirements of 18-691 CMR, ch. 30, § 1(7)(H), except that a products manufacturing facility is prohibited from extracting hemp or manufacturing products that contain hemp or ingredients derived from hemp that do not also contain cannabis.(B) A products manufacturing facility may assemble packaging and labeling for use on their products if packaging and labeling is consistent with the requirements of 28-B MRS, ch. 1 and 18-691 CMR, ch. 30, § 5.(C) A products manufacturing facility shall comply with all generally applicable kitchen- related health and safety standards of the relevant local jurisdiction and of the State of Maine Food Code, Department of Health and Human Services (Chapter 200) and Agriculture, Conservation and Forestry (Chapter 331). (1) Preparation of all edible cannabis products, unless otherwise specified, shall comply with all provisions of the State of Maine Food Code, including rules relating to potentially hazardous foods, food preparation areas and all other safety related provisions, unless otherwise specified.(2) Pursuant to 22 MRS §2158-B, the addition of adult use cannabis to food is not considered adulteration under the State of Maine Food Code.(D) Adult use cannabis products shall comply with all other provisions of the rules governing the adult use cannabis program, including the use of solvents and inherently hazardous substances.(4)Cannabis Store License.(A) A cannabis store license permits the following activities, subject to all requirements of 28-B MRS and the rules governing the adult use cannabis program: (1) Purchase, for retail sale to consumers, pre-packaged retail units of cannabis flower, including kief and cannabis trim, immature cannabis plants and seedlings from a licensed cultivation facility;(2) Purchase, for retail sale to consumers, pre-packaged adult use cannabis and adult use cannabis products from a products manufacturing facility;(3) Store adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings;(4) Collect, subject to the requirements and restrictions of 28-B MRS §604-A, samples of cannabis or cannabis products for mandatory testing;(5) Conduct authorized transfers of pre-packaged adult use cannabis, adult use cannabis products, and as applicable, immature cannabis plants and seedlings to another licensed cannabis store or licensed testing facility;(6) Collect samples of cannabis or cannabis products for mandatory testing and delivery of those samples to a testing facility;(7) Sell adult use cannabis, adult use cannabis products, immature cannabis plants, seedlings and seeds to consumers at a cannabis retail store and at a curbside pickup location indicated on the licensee's facility plan of record;(8) Sell adult use cannabis, cannabis products, immature cannabis plants, seedlings and seeds to consumers by delivery;(9) Sell adult use cannabis and cannabis products through off-premises sales at a specified event after obtaining from the Department a permit to conduct such off- premises sales at specified event during a specified time;(10) Accept returns of adult use cannabis and cannabis products from consumers and promptly destroy such returned items, or return such items, or other items requiring destruction, to a cultivation facility or products manufacturing facility for destruction by that licensee;(11) Return pre-packaged retail units of adult use cannabis or cannabis products to the cultivation or products manufacturing facility, as applicable, that transferred the adult use cannabis or cannabis products to the licensee;(12) Sell consumable products not containing cannabis, including, but not limited to: soft drinks, candies and baked goods; and(13) Give away sample adult use cannabis or adult use cannabis products to a consumer who is at least 21 years of age subject to the limitations of 18-691 CMR, ch. 30, § 1(8)(L).(B) In addition to any other prohibitions and restrictions of 28-B MRS, the rules governing the adult use cannabis program and any other applicable laws or rules, cannabis store licensee may not:(1) Give away seedlings or immature cannabis plants;(2) Sell or give away mature cannabis plants or consumable products containing tobacco or alcohol that do not contain cannabis;(3) Except for nonedible adult use cannabis products that do not contain THC, sell to any person in any individual sales transaction an amount of adult use cannabis, adult use cannabis products or immature cannabis plants or seedlings that exceeds the person adult use limitations of 28-B MRS § 1501(1);(4) Sell adult use cannabis, adult use cannabis products, immature cannabis plants or cannabis seedlings using: (a) An automated dispensing or vending machine;(b) A drive-through sales window;(c) An Internet-based sales platform; or(d) A third-party delivery service; or(5) Sell, or give away samples of, adult use cannabis or adult use cannabis products to a person who is visibly intoxicated.(5)Sample Collector License.(A) A sample collector license permits the following activities, subject to all requirements of 28-B MRS and the rules governing the adult use cannabis program: (1) Collecting samples of cannabis and cannabis products from a cannabis establishment for the purposes of mandatory or other testing by a testing facility in compliance with: (a) Applicable sample collection, transport and receipt recordkeeping requirements;(b) The Department-required sampling standard operating procedures;(c) The Department-required Best Practices Guide; and(d) The requirements and restrictions of 28-B MRS §604-A.(2) Transporting and delivering those samples to a testing facility.(B) A sample collector shall deliver to a cannabis testing facility all samples on the day those sample are collected and may not store any collected samples at the sample collector's home or place of business. Samples may not be held or stored overnight in the sample collector's vehicle except in the event of unforeseen exigent circumstances in accordance with 18-691 CMR, ch. 30, § 2.18-691 C.M.R. ch. 20, § 3