Section 691-20-5 - Application for Conditional License(1)Conditional License. The Department may issue a conditional license to applicants for any type of cannabis establishment license, except for a sample collector license. Because an applicant for a sample collector license is not required to obtain local authorization, the Department will not issue a conditional sample collector license. Instead, the initial application is for an active license. (A) The application for a conditional license must meet all requirements applicable to all license types and include all information applicable to all license types.(B) The conditional license is valid for one year and is non-renewable.(C) The conditional license may be used to demonstrate that the applicant has met the Department's conditional licensing requirements under 28-B MRS §205(3), for the purpose of seeking local authorization.(D) The conditional license does not grant any authority for cultivation, manufacturing, testing or sale of cannabis or cannabis products. It is the exclusive responsibility of the applicant to clearly indicate on any forms, attachments, and supplemental information supplied to the Department any content the applicant deems to be trade secrets or other information that would be within the scope of a privilege against discovery or use as evidence recognized by the courts of this State in civil or criminal trials if the records or inspection thereof were sought in the course of a court proceeding, which may otherwise be included as a "public record" pursuant to 1 MRS §402(3) in a response to a request for records and information under the Maine Freedom of Access Act.
(2)Additional Requirements for Issuance of a Conditional Cultivation Facility License.(A) Each applicant for a conditional cultivation facility license shall designate in its application, the tier (or designation as a nursery cultivation facility) for the proposed cultivation facility.(1) Each applicant for a conditional tier 1 cultivation facility license must designate in its application whether the license sought is plant-count based or total plant canopy area based pursuant to 28-B MRS §301.(2) Each applicant for a conditional nursery cultivation facility license must designate in its application whether it intends to sell cannabis seeds, seedlings or immature plants to adults, 21 years of age or older, who are not licensees.(B) An applicant for a conditional cultivation facility license that intends to co-locate its licensed premises shall notify the Department of its intention to co-locate in its application.(C) An applicant for a conditional cultivation facility license for a tier 1, tier 2 or nursery cultivation facility license that intends to conduct sales, as applicable, of adult use cannabis or adult use cannabis products to consumers by delivery must include in its application affirmation that the licensee will conduct such retail sales by delivery only between the hours of 7 A.M. and 10 P.M. local time.(3)Additional Requirements for Issuance of a Conditional Products Manufacturing Facility License. Each applicant for a conditional products manufacturing facility license shall submit the following information in its application:(A) A description of the manufacturing activities that will occur on the premises;(B) An applicant for a conditional products manufacturing facility license that intends to co-locate its licensed premises shall notify the Department of its intention to co-locate in its application;(C) An applicant for a conditional products manufacturing facility license that intends to use the portion of its licensed premises that is licensed as a food establishment by the Department of Agriculture, Conservation and Forestry (DACF) for the manufacture of any products that do not contain cannabis or hemp shall notify the Department of its intention to manufacture such products on its application; and(D) An applicant for a conditional products manufacturing facility license that intends to conduct sales of adult use cannabis or adult use cannabis products to consumers by delivery must include in its preliminary operating plan affirmation that the licensee will conduct such retail sales by delivery only between the hours of 7 A.M. and 10 P.M. local time.(4)Additional Requirements for Issuance of a Conditional Testing Facility License. Each applicant for a cannabis testing facility license shall include, on forms supplied by the Department, and attachments thereto, all information required by the Department, including without limitation, the following information: (A) A statement identifying whether the cannabis testing facility and/or other operational assets will be owned or leased by a person or entity other than the applicant.(B) A statement as to whether the cannabis testing facility intends to offer, in addition to mandatory testing, testing services to persons 21 years of age or older under 28-B MRS §503(1)(C) and/or qualifying patients, caregivers, registered caregivers or registered dispensaries under 28-B MRS §503(1)(D).(C) An applicant for a cannabis testing facility must submit the following additional documentation to obtain a conditional license: (1) A written policy that, as indicated by signature, ensures management and personnel are free from any undue internal and external commercial, financial and other pressures, and influences that may adversely affect the quality of their work or diminish confidence in its competence, impartiality, judgement or operational integrity, as well as a signed disclosure by the owners and principal(s) of the licensee stating that there is no financial conflict with, interest in, investment in, landlord-tenant relationship with or loan to a cultivation facility, products manufacturing facility, cannabis store, registered caregiver or registered dispensary;(2) A description of the organization and management structure of the cannabis testing facility, its place in any parent organization and the relationships between quality assurance, technical operations and support services;(3) A management plan defining the responsibilities of key personnel in the organization who have any involvement or influence on the testing, and if the cannabis testing facility is part of an organization performing activities other than testing, identifying potential conflicts of interest;(4) Written policies and procedures that ensure the protection of its clients' confidential information and proprietary rights, including procedures for protecting the electronic storage and transmission of results;(5) A written policy defining legal chain of custody protocols and including procedures to control access to certificate of analysis data and other testing data to prevent it from being falsified or manipulated; and(6) Written procedures for the receipt of samples, including samples collected by: (a) Sample collectors pursuant to 28-B MRS §503;(b) Other cannabis establishments for mandatory testing pursuant to 28- B MRS §604-A or for voluntary testing;(c) Qualifying patients, caregivers, registered caregivers or registered dispensaries pursuant to 22 MRS, chapter 558-C; and(d) Other persons 21 years of age or older.(5)Additional Requirements for Issuance of a Conditional Cannabis Store License. Each applicant for a conditional cannabis store license shall submit the following information in its application:(A) A cannabis store application must at a minimum include affirmation that the licensee will conduct retail sales, including sales via curbside pickup and/or delivery, to consumers only between the hours of 7 A.M. and 10 P.M. local time or only those days and hours during which retail sales are permitted by local regulation; and(B) If the application for a nursery cultivation facility includes sales to consumers, the operating plan shall meet all requirements that are applicable to cannabis stores in addition to all requirements that are applicable to nursery cultivation facilities.(6)Administrative Abandonment of Conditional License Applications that are Inactive for at Least 365 Days. The Department may deem an application for a conditional license abandoned if the following conditions are met: (A) The applicant has not provided all required information to complete its conditional license application within one year from the date of the initial application; and(B) The Department attempted to contact the applicant in writing at least 30 days prior to expiration of the one-year abandonment period to notify the applicant of the pending abandonment. Once a conditional license application has been deemed abandoned by the Department, an applicant for a conditional license shall begin a new application for a conditional cannabis establishment license.
18-691 C.M.R. ch. 20, § 5