§ 22 §2430-I — Suspension, revocation, administrative penalty; forfeiture; surrender

Maine § 22 §2430-I

• Jurisdiction: Maine
• Title 22: HEALTH AND WELFARE
• Part 5: FOODS AND DRUGS
• Ch. 558-C: MAINE MEDICAL USE OF CANNABIS ACT

Text

1.
Definitions.
1-A.
Registration violation types.
The following registration violation types are established.
2.
Penalties.
For a registration violation, the department, in accordance with this section, on its own initiative or on complaint and after investigation, may, by written order:
3.
Administrative penalties, generally.
The department may impose administrative penalties for a violation of this chapter or rules adopted under this chapter as follows:
4.
Administrative penalty for sale or transfer to nonpatient.
The department shall notify a registrant within one business day after the department discovers that a registrant or registrant agent sold, furnished or gave cannabis for medical use to a person who is not authorized to possess cannabis for medical use under this chapter. Both the registrant and registrant agent that sold, furnished or gave cannabis for medical use to a person who is not authorized to possess cannabis for medical use may be held responsible as follows.
5.
Forfeit and destruction under final order.
This subsection governs the forfeiture and destruction of cannabis plants, cannabis or cannabis products when a final order is issued.
6.
Destruction prohibition.
If the department is notified by a criminal justice agency that there is a pending investigation of a registrant subject to a final order under this section, the department may not destroy, or allow the registrant to destroy, any cannabis plants, cannabis or cannabis products of that registrant until the destruction is approved by the criminal justice agency.
7.
Form of payment.
The department shall accept payment of an administrative penalty imposed under this section in the form of cash or a certified check or cashier's check payable to the department.
8.
Suspension.
The office may suspend a registration in accordance with this subsection.
8-A.
Revocation.
The office may revoke a registration in accordance with this subsection.
9.
Maine Administrative Procedure Act; final agency action; appeals.
Except as otherwise provided in this chapter or the rules adopted pursuant to this chapter, the imposition of an administrative penalty on a registrant by the office, including, but not limited to, the provision of notice and the conduct of hearings, is governed by the Maine Administrative Procedure Act. A final order of the office imposing an administrative penalty is a final agency action, as defined in Title 5, section 8002, subsection 4, and the registrant may appeal that final order to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.
10.
Notification.
Except as otherwise provided in subsection 4, if, after an inspection or investigation by the office or a criminal justice agency, the office identifies a violation of this chapter or the rules adopted pursuant to this chapter, the office shall, within 5 business days of identifying the violation, provide written notification of the violation to the registrant. The registrant, within 5 days of receiving notification, shall provide the office with a plan of correction, if applicable, for the identified violation, including a time frame for the correction. If, after a follow-up inspection, the office decides to impose a monetary penalty on the registrant, the office shall notify the registrant of the monetary penalty in a timely manner after the follow-up inspection. Notice under this subsection does not constitute final agency action.

Legislative History

PL 2023, c. 365, §20 (NEW). PL 2023, c. 679, Pt. A, §§25-35 (AMD).