§ 22 §2423-F-1 — Cannabis manufacturing facilities

A person may not manufacture cannabis products or cannabis concentrate or engage in cannabis extraction except as provided in this chapter.
1.
Tier 1 manufacturing facility.
A tier 1 manufacturing facility registered pursuant to subsection 8 may engage in the activities authorized under subsection 4 in accordance with rules adopted pursuant to subsection 10 and may possess up to 40 pounds of harvested cannabis.
2.
Tier 2 manufacturing facility.
A tier 2 manufacturing facility registered pursuant to subsection 8 may engage in the activities authorized under subsection 4 in accordance with rules adopted pursuant to subsection 10 and may possess up to 200 pounds of harvested cannabis.
3.
Authorization for extraction using inherently hazardous substances.
This subsection governs the authority of a person to engage in cannabis extraction using inherently hazardous substances in accordance with subsection 5.
4.
Authorized conduct; manufacturing facilities.
A registered manufacturing facility:
5.
Authorized conduct; extraction using inherently hazardous substances.
A person that is authorized to engage in cannabis extraction using inherently hazardous substances pursuant to subsection 3:
6.
Retail sale prohibited.
A registered manufacturing facility or a person authorized to engage in cannabis extraction using inherently hazardous substances under subsection 3 may not engage in retail sales of cannabis products or cannabis concentrate unless the person is authorized to engage in retail sales under this chapter.
7.
Food establishment license required to manufacture food products.
A registered manufacturing facility or a person authorized to produce cannabis concentrate using inherently hazardous substances may not manufacture edible cannabis products or cannabis tinctures unless licensed pursuant to section 2167.
8.
Registration requirements.
This subsection governs registration requirements of a manufacturing facility or a person authorized to engage in cannabis extraction using inherently hazardous substances under subsection 3 and the officer or director or assistant of the facility or person.
9.
Packaging and labeling requirements.
A manufacturing facility shall package and label its cannabis products and cannabis concentrate prior to transfer from the manufacturing facility in a form intended for use or consumption by a qualifying patient in tamper-evident packaging and with a label that includes the following information:
10.
Rulemaking.
The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A, except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A, governing manufacturing facilities, including but not limited to:
11.
Multiple authorizations.
A manufacturing facility or person registered pursuant to subsection 8 may also be a qualifying patient, a caregiver or a registered dispensary. A manufacturing facility or person authorized to possess cannabis under this chapter may possess the amount allowed for that manufacturing facility or person in addition to the possession amount allowed under this section if the manufacturing facility or person is registered pursuant to this section. The cannabis possessed must be distinguishable with respect to the purposes for which it is authorized to be possessed.
12.
Record keeping.
A registered manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances under subsection 3 shall maintain records of all transactions in accordance with section 2430‑J.
13.
Colocation of facilities.
A manufacturing facility that is also licensed as an adult use cannabis products manufacturing facility under Title 28‑B, chapter 1 may manufacture cannabis products and cannabis concentrate for adult use within the same facility in which the licensee also manufactures cannabis products or cannabis concentrate for medical use pursuant to this chapter. The following items or areas within the shared facility may be shared for both manufacturing pursuant to this chapter and pursuant to Title 28‑B, chapter 1:
14.
Immunity.

Legislative History

PL 2017, c. 447, §15 (NEW). PL 2017, c. 452, §9 (NEW). PL 2019, c. 331, §17 (RPR). PL 2021, c. 367, §§8-10 (AMD). PL 2021, c. 387, §5 (AMD). PL 2021, c. 669, §5 (REV). PL 2023, c. 679, Pt. A, §8 (AMD).