Section 691-30-6 - Enforcement.(1)Department Enforcement Authority.(A)Inspection of Cannabis Establishments and Premises. A cannabis establishment licensee must provide the Department, or agent thereof, access to inspect a cannabis establishment and premises at any time during the business hours stated on the facility plan of record of the cannabis establishment. Licensees shall not deny entrance for inspection, upon demand and without notice required, during any business hours, or at any other time upon reasonable notice. In any case, the licensee shall ensure there is an individual identification card holder at the cannabis establishment to accompany the agent of the Department during the inspection. Licensees shall permit staff or agents of the Department and employees or agents of local or state agencies with regulatory authority access to inspect the cannabis establishment and premises in accordance with the statutes, regulations and operating procedures employed by those regulatory bodies. If a licensee denies the agent of the Department access to a licensed premise, the Department may put an administrative hold on the cannabis establishment license and may impose fines, suspensions or revocation of that license.(B)Routine or Random Inspection or Audit of Sample Collection by Licensees. The Department may, with or without suspicion of infractions, conduct inspection or audit of any licensee's sample collection practices in accordance with the requirements of this rule; except that the Department may not require the licensee to submit more than 3 representative samples of adult use cannabis or cannabis products every 60 days unless the cannabis or cannabis products fail testing or such samples are taken pursuant to investigation of a complaint.(C)Investigation. The Department may, as a result of a complaint filed with the Department, or as a result of its administration of the program, investigate suspected infractions by licensees to any provision of 28-B MRS or the rules governing the adult use cannabis program. Infractions that may be investigated include, without limitation:(1) Failure to comply with facility plan of record;(2) Failure to properly report inventory in the inventory tracking system;(3) Unauthorized transfers of cannabis;(4) Failure to disclose or properly report changes to the record of principals or natural persons or business entities having a direct or indirect financial interest in the licensee or the nature of such direct or indirect financial interests;(5) Failure to comply with any conditions required by a municipality, town, plantation, township or county commission for approval of the license;(6) Use of prohibited pesticides in cultivation of cannabis;(7) Any violation of the rules and regulations as set forth by the Department; or(8) Any conduct by a cannabis establishment licensee not authorized by 28-B MRS or the rules governing the adult use cannabis program.(D)Samples Taken Pursuant to an Investigation or Inspection. The Department may, as part as an investigation or inspection, take samples of cannabis plants, cannabis or cannabis products as evidence or for testing. When the Department takes samples pursuant to an inspection or investigation, it will give the licensee a receipt for all samples taken. The Department shall not take more than 3 representative samples of adult use cannabis or a cannabis product from a licensee within a 60 day period, unless such samples are taken pursuant to an investigation by the Department in accordance with this section.(E)Enforcement Actions.(1) The Department may take the following actions against licensees, alone or in combination, subject to the requirements of this section: (a) Impose monetary penalties;(d) Accept the voluntary surrender of a license;(e) Confiscate or seize cannabis plants, cannabis or cannabis products;(f) Destroy cannabis plants, cannabis or cannabis products;(g) Recall cannabis or cannabis products; or(h) Accept the voluntary surrender of cannabis plants, cannabis or cannabis products.(2) The Department may revoke an individual identification card for any violation of 28-B MRS or this rule. (F)Reciprocal Revocation of a Specified Event Permit.(1) A specified event permit issued by the Department shall be automatically revoked as a matter of reciprocity if either the municipality, or as applicable, the property owner revokes their written authorization for the licensee to conduct sales at the specified event.(2) If the Department revokes or suspends a specified event permit for any reason other than reciprocal revocation, the procedures for enforcement actions shall apply.(G)Technical Assistance.(1) For a first violation of any "minor license violation" as defined in this rule or for any other violation of the rules governing the adult use cannabis program or 28-B MRS that is not otherwise defined as a "major license violation affecting public safety" or a "major license violation" the Department shall provide technical assistance to a licensee for that violation.(2) If the Department determines that a licensee is in violation of the rules governing the adult use cannabis program or 28-B MRS for more than one instance of the same misconduct, the Department shall provide technical assistance for the first violation in addition to any enforcement actions taken for subsequent instances of the same misconduct.(3) Technical assistance is intended to educate program participants, obtain compliance, and maintain future compliance. Providing technical assistance does not preclude other enforcement actions, and failure to address violations identified through technical assistance will result in additional enforcement action.(4) The Department may take subsequent enforcement action if the licensee fails to comply with any corrective action necessary to address the initial license violation for which the licensee received technical assistance.(H)Notice of Violation.(1) The Department shall provide notice to a licensee, in writing, within five (5) business days of determining that the licensee has violated the rules governing the adult use cannabis program or 28-B MRS.(2) Such notice shall specify whether a plan of correction is required to address the violation and, if applicable:(a) Direct the licensee to develop a plan of correction and submit that plan to the Department within 5 business days of the notice of violation, and implement the plan following approval of the same by the Department; or(b) Direct the licensee to implement a plan of correction developed by, and acceptable to, the Department; or(c) Permit the licensee to address the violation without a formal plan of correction.(3) Any plan of correction shall specify any actions necessary to address the violations identified by the Department, as well as the time frame for correcting the violation.(4) The Department may reject any plan of correction proposed by a licensee and may instead direct that a licensee comply with a plan of correction developed by the Department.(5) The Department may, at its discretion, conduct a follow up inspection to determine whether the licensee has timely complied with any applicable plan of correction.(6) Notice of violation in accordance with this paragraph does not constitute final agency action. The Department may, after any follow up inspection, or otherwise within a reasonable time following issuance of the Notice of Violation, impose a monetary penalty in accordance with the requirements of the rules governing the adult use cannabis program and 28-B MRS.(I)Procedures for Enforcement Actions.(1) Except in cases where technical assistance is first required, the Department may, on its own initiative or on complaint and after investigation, initiate enforcement actions, notwithstanding any other criminal, civil or administrative proceedings against the licensee.(2) The Department will initiate an enforcement action with written notice to the licensee, which will include notice to the licensee regarding their right to a hearing pursuant to the Maine Administrative Procedures Act, Title 5, ch. 375, subch. 4.(3) Enforcement actions shall be based upon the following: (a) Any false or misleading statements to the Department;(b) Other violations by the licensee or by an agent or employee of the licensee of 28-B MRS or the rules governing the adult use cannabis program;(c) Violations by the licensee or by an agent or employee of the licensee of the terms of the licensee's license, including all licensing criteria required to be granted a conditional or active license; or(d) Inactivity at the licensed premises for a period of 1 year or more without reasonable justification, including without limitation death or illness of a licensee, fire, natural disaster, or building conditions outside of the licensee's control.(4) Any final agency enforcement action or order by the Department after administrative hearing shall be made only on the basis of relevant evidence and shall be communicated in writing to the licensee, along with a notice of the licensee's right to judicial review in the Maine Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure. (2)Administrative Monetary Penalties. A monetary penalty imposed by the Department on a licensee pursuant to this subchapter may not exceed $20,000 per license violation. Penalties to be imposed on a licensee based upon specific categories of unauthorized conduct by the licensee, including major and minor license violations, as follows: (A) Not more than $20,000 per major license violation affecting public safety;(B) Not more than $10,000 per other major license violation; and(C) Not more than $2,500 per minor license violation.(3)Major License Violations Affecting Public Safety.(A) The Department may impose a fine of up to $20,000 for each major license violation affecting public safety.(B) "Major license violation affecting public safety" means an intentional or knowing violation that imminently jeopardizes public health and safety or conduct that indicates a willful or reckless disregard for public health and safety. "Major license violation affecting public safety" is limited to: (1) Intentionally or recklessly selling cannabis or cannabis products containing any scheduled drug as defined in 17-A MRS §1101(11), except for any compounds naturally occurring in the cannabis plant;(2) Intentionally or recklessly using prohibited agricultural chemicals that pose a threat to public health and concealing their use from the Department, other licensees or consumers;(3) Intentionally or knowingly treating or otherwise adulterating cannabis or cannabis products with a scheduled drug as defined in 17-A MRS §1101(11), except for any compounds naturally occurring in the cannabis plant, or intentionally or knowingly purchasing, acquiring or possessing cannabis or cannabis products that have been adulterated;(4) Intentionally or knowing destroying, damaging, altering, removing or concealing potential evidence of a major violation affecting public safety, or asking or encouraging another person to do so;(5) Intentionally or knowingly purchasing, acquiring or possessing cannabis plants, cannabis or cannabis products from outside the State, from any person who is not a licensee authorized under 28-B MRS, ch. 1, or from the illicit market;(6) Three or more instances of a licensee failing to have on the premises at all times during business hours an individual identification cardholder who is authorized to allow and cooperate with the Department's request to inspect the premises;(7) Intentionally or knowingly tampering with or interfering with mandatory testing processes, including sample collection or auditing testing results; or(8) Other intentional or knowing egregious conduct that imminently threatens public health and safety or conduct that shows a willful or reckless disregard for public health and safety that poses an imminent risk to public health and safety.(4)Major License Violations.(A) The Department may impose a fine of up to $10,000 for each other major license violation.(B) "Major license violation" means a serious violation that does not imminently jeopardize public safety. "Major license violation" is limited to: (1) Intentionally or recklessly misleading the Department for the purpose of involving an individual with a disqualifying drug offense in the operation of a cannabis establishment;(2) Intentionally or knowingly diverting cannabis or cannabis products to the illicit market;(3) Except as otherwise prohibited by sub-§3(B)(2) and (3) above, treating or otherwise adulterating cannabis or cannabis products with any chemical that alters the color, appearance, weight or smell of the cannabis or cannabis product or that increase its potency, toxicity or addictiveness in a manner not authorized under 28-B MRS, ch. 1;(4) Selling cannabis plants, cannabis or cannabis products to a minor, by failing to take all necessary steps to verify age;(5) Intentionally or knowingly making deliveries of adult use cannabis or adult use cannabis products to safe zones designated by a municipality in accordance with 30-A MRS § 3253;(6) Allowing any minor to engage in any cannabis-related activity;(7) Cultivating cannabis plants for adult use in an amount that is equal to or greater than 150% of the total number of cannabis plants, or plant canopy, that the licensee is authorized to cultivate pursuant to the Department-issued active license;(8) Intentionally or knowingly misrepresenting any cannabis product to a consumer, licensee or the public including information regarding: the contents, test results or potency of the cannabis product;(9) Two or more instances of a licensee failing to have on the premises, at all times during business hours, as applicable, an individual identification card holder who is authorized to allow and cooperate with Department requests to inspect the premises;(10) Intentionally or knowingly destroying, damaging, altering, removing or concealing potential evidence of a major license violation, or asking or encouraging another person to do so;(11) Selling or transferring cannabis plants, cannabis or cannabis products outside of the tracking system;(12) Two or more instances of refusing to permit the Department to inspect the premises during business hours;(13) Conduct that demonstrates a pattern of willful or reckless disregard for the tracking system requirements, sales tax obligations, excise tax obligations, mandatory testing obligations, or facility requirements;(14) Intentionally making false statements to the office in order to obtain or maintain a license; or(15) Any "minor license violation" identified in subsection 5 below that is a knowing violation that the licensee has committed 3 or more times.(5)Minor License Violations.(A) The Department may impose a fine of up to $2,500 for each minor license violation.(B) "Minor license violation" means a negligent violation. "Minor license violation" is limited to: (1) Procuring or in any way abetting or assisting in procuring, furnishing, selling or delivery cannabis or cannabis products to a minor;(2) Cultivating more cannabis plants for adult use than the licensee is authorized to cultivate pursuant to its Department-issued active license, but less than 150% of the total number of cannabis plants or plant canopy authorized;(3) Supplying adulterated or misbranded cannabis or cannabis products;(4) Intentionally or knowingly purchasing, receiving, selling or transferring any cannabis, cannabis plant or cannabis product that is fraudulently entered into the tracking system;(5) Failing to request and obtain from the Department approval for a change in ownership or principals, prior to making such a change in ownership or principals;(6) Subletting any portion of the licensed premises;(7) Making representations or claims that cannabis or a cannabis product has curative or therapeutic effects;(8) Not operating in accordance with the operations, cultivation or facility plans of record on file with the Department, except that a licensee may use a piece of equipment not included on its facility plan of record in exigent circumstances when use of the equipment is necessary to mitigate loss of or damage to a licensee's inventory or property and the licensee notifies the Department within one business day of the day the equipment is used and the licensee updates their facility plan of record within five (5) business days of first using the equipment to address the exigent circumstances;(9) Failing to have on the licensed premises at all times during business hours an individual identification cardholder who is authorized to allow inspection and cooperate when the Department requests to inspect the licensed premises;(10) Allowing consumption of cannabis on the licensed premises of a cannabis establishment except as otherwise authorized by the rules governing the adult use cannabis program and 28-B MRS, ch. 1; and(11) A second violation of any other requirement of the rules governing the adult use cannabis program and 28-B MRS, that is not expressly listed in sub-§ 3, 4 and 5.(6)License Suspension, Revocation and Voluntary Surrender. The Department shall have the authority to suspend or revoke licenses subject to Title 28-B, Section802-A. (A)Suspension.(1) The Department may suspend for a period of up to one year, any or all cannabis establishment licenses held by the licensee, including any other licenses with a common principal, upon a finding that the licensee:(a) Has committed a major violation affecting public safety;(b) Has committed more than one major violation within the previous 30 months; or(c) Has cultivated cannabis plants for adult use in an amount that is equal to or greater than 150% of the total number of cannabis plants, or plant canopy, that the licensee is authorized to cultivate pursuant to the Department-issued active license(2) In accordance with 28-B MRS § 604-A(1)(F) the Department may suspend a license based upon the Department's determination that the licensee has failed at least two audits of a licensee's sample collection process.(3) A licensee whose license has been suspended pursuant to this subsection may not, for the duration of the period of suspension, engage in any activities relating to the operation of the cannabis establishment the licensee is licensed to operate, except that a cultivation facility may harvest any plants growing at the time of the suspension, but may not begin cultivating any new plants.(4) The Department retains discretion as to whether to allow the transfer of a suspended license and shall be permitted, but not required, to allow new owners to begin some or all operations prior to the end of the suspension.(B)Summary Suspension.(1) In accordance with 5 MRS §10004, the Department may order summary suspension of a cannabis establishment license for up to 30 days under the following circumstances: (a) The Department concludes, based upon a physical test, inspection or examination conducted by a state-certified inspector, that allowing the licensee to continue operations would not adequately protect public health or public safety; or(b) The Department has other objective and reasonable grounds to believe that public health, public safety or significant natural resources are in immediate jeopardy.(2) The Department may order summary suspension of a cannabis establishment license if a court issues a ruling that indicates the licensee has committed a major license violation affecting public safety or that the licensee has committed two or more major license violations within the preceding 60 months.(C)Revocation.(1) Upon the finding that a licensee has committed a major license violation affecting public safety or that a licensee has committed more than one major license violation within the preceding 60 months, in addition to any monetary penalties, the Department may permanently revoke any or all cannabis establishment licenses held by the licensee found in violation, including any other licenses with a common principal.(2) In accordance with 28-B MRS §604-A(1)(F), the Department may permanently revoke a license based upon the Department's determination that the licensee has failed at least two audits of a licensee's sample collection process.(3) The Department may also permanently revoke for inactivity, a cannabis establishment license, when it determines that the licensed premises have been inactive for a period of one year or more without reasonable justification.(4) A licensee whose license has been revoked pursuant to this subchapter shall cease all activities relating to the operation of the cannabis establishment.(5) A license that is revoked may not be transferred or renewed.(D)Voluntary Surrender of License.(1) A licensee facing penalties under this section may offer to voluntarily surrender its license, meaning that the licensee must cease operations and may not renew or transfer the license. In such cases, the Department has the discretion: (a) To reject voluntary surrender of license and pursue penalties under this section;(b) To accept the voluntary surrender of license made without conditions; or(c) To negotiate conditions of a voluntary surrender, including but not limited to the following: (i) The amount of monetary penalties, if any are to be imposed;(ii) The effect of the voluntary surrender on any other adult use cannabis licenses or medical cannabis registrations with which the licensee is associated;(iii) The amount of time before which the licensee or any principal of the licensee may apply for an adult use cannabis license or medical cannabis registration; and(iv) The waiver of appeal.(2) A licensee who voluntarily surrenders its license must follow the procedure described in this section.(E)Procedure for Termination of License. Licensees who permanently abandon the licensed premises or otherwise permanently ceases all activities relating to the operation of the cannabis establishment under its license, whether a result of revocation, voluntary surrender or other reasons, must follow the procedures for terminating a license prescribed by 28-B MRS §212. The licensee must: (1) Provide written notice of abandoning the licensed premises or ceasing operations at least 48 hours in advance to the Department and the municipality in which the licensed premises are located, which shall mean notifying: (a) The county commissioners of the county in which the township is located, for licensed premises located in townships;(b) The Maine Land Use Planning Commission and the town or plantation, for licensed premises located in unorganized areas; or(c) The city, town or plantation in which the licensed premises are located;(2) Provide the Department and the municipality in which the licensed premises are located with a full accounting of all adult use cannabis and adult use cannabis products located within the licensed premises; and(3) Forfeit the cannabis and cannabis products to the Department for destruction in accordance with 28-B MRS §803.(7)Destruction and Voluntary Surrender of Cannabis Plants, Cannabis and Cannabis Products.(A)Order by the Department.(1) If the Department issues a final order imposing a monetary penalty on, or a license suspension or revocation against, a licensee pursuant to this subchapter, the Department may specify in the order, in addition to any other penalties imposed in the order, that all or a portion of the cannabis or cannabis products in the possession of the licensee are not authorized under the rules governing the adult use cannabis program and are subject to destruction. A licensee subject to a final order directing the destruction of cannabis or cannabis products in its possession shall forfeit the cannabis or cannabis products to the Department or destroy the cannabis and cannabis products at the time and place and in the manner required by the Department in writing.(2) If the Department is notified by a criminal justice agency that there is a pending investigation of a licensee subject to an order imposed under this subsection, as set forth in 28-B MRS §803, the Department may not destroy any cannabis or cannabis products of that licensee until the destruction is approved by the criminal justice agency.(B)Voluntary Surrender of Cannabis Plants, Cannabis or Cannabis Products.(1) A licensee may elect, upon mutual agreement with the Department, to voluntarily surrender any cannabis plants, cannabis or cannabis products to the Department. Such voluntary surrender: (a) Must be made on a form supplied by the Department;(b) Must be signed by an individual who certifies that he or she has authority to represent and bind the licensee; and(c) May require destruction of any cannabis plants, cannabis or cannabis products in the presence of a Department employee or agent and at the licensee's expense; except that no cannabis plants, cannabis or cannabis products may be destroyed until the Department confirms with law enforcement that the cannabis plants, cannabis or cannabis products to be destroyed are not necessary to any ongoing investigation or prosecution.(2) Such a voluntary surrender may be made: (a) Prior to a final order and upon mutual agreement with the Department;(b) In connection with a stipulated order through which the licensee waives the right to hearing and any associated rights;(c) In conjunction with a pending action even if the licensee does not waive the right to hearing and any associated rights, with the understanding that the outcome of the hearing does not impact the validity of the voluntary surrender; or(3) If a voluntary surrender is made in conjunction with a final order, including a stipulated order, the licensee must complete and return the Department's voluntary surrender form within 15 calendar days of the date of the final order.(8)Audit, Compliance and Random Testing.(A)Department May Require Audits and Random Testing. The Department may require a cannabis establishment licensee to provide to the Department up to 3 representative samples, per 60-day period, identified by the Department to a testing facility of the Department's choosing to be tested in order to determine whether a licensee is in compliance with mandatory testing standards.. (1) A testing facility doing audit testing must comply with applicable provisions of the rules governing the adult use cannabis program, and if conducting testing not required by this rule, may only use Department approved methods.(2) The Department may require a licensee to submit samples to the Department for any mandatory or additional testing to be conducted by a testing facility.(3) The Department may order the removal from retail sale of any cannabis or cannabis products for which a licensee has intentionally misrepresented testing results.(4) The Department may exempt a product at its sole discretion.(B)Routine or Random Audits of Sampling by Licensees. The Department may, with or without suspicion of infractions, conduct routine audits of any licensee's sample collection practices, including without limitation: (1) Reviewing video footage;(2) Reviewing sample collection and chain-of-custody forms;(3) Inspecting any samples, including sample collection containers, for compliance with all packaging and labeling requirements of this rule;(4) Reviewing tracking system data and transportation manifests;(5) Requiring a demonstration of the licensee's sample collection practices; and(6) Requiring testing of batches, at the licensee's expense. Samples collected for testing pursuant to this paragraph must be collected by or in the presence of Department employees. Unless the Department is investigating the licensee, or any audit sample taken from the licensee fails audit testing, the Department may not require a licensee to submit for audit testing more than 3 representative samples of cannabis or cannabis products every 60 days.
(C)Routine or Random Sampling and Testing of Cannabis and Cannabis Products by the Department. In accordance with 28-B MRS §512, the Department may require a licensee to submit to sampling and testing of any cannabis or cannabis product within the licensee's possession during all business hours listed on the licensee's facility plan for the purpose of product quality control. (1) The Department may require the licensee to collect samples or may require that the licensee permit Department employees to collect samples in accordance with the Department-required sampling standard operating procedure.(2) The Department may require a licensee to pay for any testing required pursuant to this section at a cannabis testing facility that is licensed by the Department. Unless the Department is investigating the licensee, or any audit sample taken from the licensee fails audit testing, the Department may not require a licensee to submit for audit testing more than 3 representative samples of cannabis or cannabis products every 60 days.
(9)Seizure or Confiscation of Cannabis, Cannabis Concentrate or Cannabis Products.(A)Authority. The Department may seize, destroy, or confiscate any cannabis or cannabis products under, but not limited to, the following circumstances: (1) Any cannabis or cannabis products not properly logged in inventory records or the tracking system;(2) Any cannabis or cannabis products that are altered or not properly packaged and labeled in accordance with this rule;(3) Any cannabis or cannabis products that has been cultivated, harvested, manufactured or transferred in a manner, or otherwise in a form, not compliant with 28-B MRS, the rules governing the adult use cannabis program or rules governing the Maine Medical Use of Cannabis Program; or(4) Improper use, handling, storage, transport, transfer or other possession of samples of cannabis, cannabis concentrate or cannabis products. If the Department seizes cannabis, the Department shall not cultivate nor preserve any seized cannabis, cannabis plants or cannabis products. Unless notified by a criminal justice agency of pending investigation of the licensee, the Department may, in its final order, specify the destruction of the seized cannabis, cannabis plants or cannabis products.
(B)Administrative Holds. The Department may order an administrative hold of cannabis or cannabis products to prevent destruction of evidence, diversion or other threats to public safety, while permitting a licensee to retain its inventory pending further investigation, pursuant to the following procedure:(1) If during an investigation or inspection of a licensee, an employee or agent of the Department develops reasonable grounds to believe certain cannabis plants, cannabis or cannabis products constitute evidence of violation of the rules governing the adult use cannabis program, or 28-B MRS, regarding labeling and packaging, testing results, contamination of cannabis plants, cannabis or cannabis products, or cannabis, or inventory tracking of adult use cannabis or cannabis plants, the employee or agent may issue a notice of administrative hold of any such cannabis plants, cannabis or cannabis products. The notice of administrative hold shall provide a documented description of the cannabis plants, cannabis or cannabis products to be subject to the administrative hold and a concise statement that is promptly issued and approved by the director of the Office of Cannabis Policy or a designee regarding the reasons for issuing the administrative hold.(2) Following the issuance of a notice of administrative hold, the Department will identify the cannabis plants, cannabis or cannabis products subject to the administrative hold in the tracking system. The licensee shall continue to comply with all tracking requirements.(3) The licensee shall completely and physically segregate the cannabis plants, cannabis or cannabis products subject to the administrative hold in a limited access area of the licensed premises under investigation, where it shall be safeguarded by the licensee.(4) While the administrative hold is in effect, the licensee is prohibited from selling, giving away, transferring, transporting or destroying the cannabis plants, cannabis or cannabis products subject to the administrative hold, except as otherwise authorized by the rules governing the adult use cannabis program.(5) While the administrative hold is in effect, the licensee must safeguard the cannabis plants, cannabis or cannabis products subject to the administrative hold, must maintain the licensed premises in reasonable condition according to health, safety and sanitary standards, and must fully comply with all security requirements, including but not limited to all surveillance, lock and alarm requirements detailed in the security plans, 28-B MRS or the rules governing the adult use cannabis program.(6) Nothing herein shall prevent a licensee from voluntarily surrendering cannabis plants, cannabis or cannabis products that is subject to an administrative hold, except that the licensee must follow the procedures set forth in this section.(7) Nothing herein shall prevent a licensee from the continued possession, cultivation or harvesting of the cannabis plants, cannabis or cannabis products subject to the administrative hold.(8) At any time within 30 days after the initiation of the administrative hold, the Department may lift the administrative hold or seek other appropriate relief.(10)Cannabis Recalls. The Department may require a licensee to recall any cannabis and cannabis product that the licensee has sold or transferred upon a finding that circumstances exist that pose a risk to public health and safety. (A) A recall may be based on, without limitation, evidence that: (1) Cannabis or cannabis product contains an unauthorized pesticide(s);(2) Cannabis or cannabis product failed a mandatory test and was not mitigated pursuant to testing protocols;(3) Cannabis or cannabis product is contaminated or otherwise unfit for human use, consumption or application;(4) Cannabis or cannabis product is not properly packaged or labeled; or(5) Cannabis or cannabis product was not cultivated or manufactured by a cannabis establishment.(B) If the Department finds that a recall is required, the Department: (1) Must notify the public and licensees of the recall;(2) Must administratively hold all affected cannabis or cannabis products in the tracking system;(3) May require a licensee to notify an individual to whom cannabis or a cannabis product was sold; and(4) May require that the licensee destroy the recalled product. Fiscal impact note, included pursuant to 5 MRS §8063: The Department estimates that the changes implemented by this rulemaking will have a de minimus fiscal impact on municipalities and counties.
18-691 C.M.R. ch. 30, § 6