§ 28-B §102-A — Definitions

Maine § 28-B §102-A

• Jurisdiction: Maine
• Title 28-B: CANNABIS
• Ch. 1: CANNABIS LEGALIZATION ACT

Text

As used in this chapter and chapter 3, unless the context otherwise indicates, the following terms have the following meanings.
1.
Adult use cannabis.
"Adult use cannabis" means cannabis cultivated, manufactured, distributed or sold by a cannabis establishment.
2.
Adult use cannabis product.
"Adult use cannabis product" means a cannabis product that is manufactured, distributed or sold by a cannabis establishment.
3.
Another jurisdiction.
"Another jurisdiction" means the Federal Government, the United States military, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa and each of the several states of the United States except Maine.
4.
Applicant.
"Applicant" means a person that submits an application for a license under this chapter to the office for review that the department has not yet approved or denied.
5.
Batch.
"Batch" means:
6.
Batch number.
"Batch number" means a distinct group of numbers, letters or symbols, or any combination thereof, assigned to a specific batch of adult use cannabis by a cultivation facility or to a specific batch of adult use cannabis or adult use cannabis products by a products manufacturing facility.
7.
Business entity.
"Business entity" means a partnership, association, company, corporation, limited liability company or other entity incorporated or otherwise formed or organized by law. "Business entity" does not include a federal, state or municipal government organization.
8.
Cannabis.
"Cannabis" means the leaves, stems, flowers and seeds of a cannabis plant, whether growing or not. "Cannabis" includes cannabis concentrate but does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D or a cannabis product.
9.
Cannabis concentrate.
"Cannabis concentrate" means the resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. "Cannabis concentrate" does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D. In determining the weight of cannabis concentrate in a cannabis product, the weight of any other ingredient combined with cannabis or cannabis concentrate to prepare the cannabis product may not be included.
10.
Cannabis establishment.
"Cannabis establishment" means a cultivation facility, a products manufacturing facility, a testing facility, a cannabis store or a sample collector licensed under this chapter.
11.
Cannabis extraction.
"Cannabis extraction" means the process of extracting cannabis concentrate from cannabis using water, lipids, gases, solvents or other chemicals or chemical processes. "Cannabis extraction" does not include the process of extracting concentrate from hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
12.
Cannabis flower.
"Cannabis flower" means the pistillate reproductive organs of a mature cannabis plant, whether processed or unprocessed, including the flowers and buds of the plant. "Cannabis flower" does not include cannabis trim or whole mature cannabis plants or the flower of hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
13.
Cannabis paraphernalia.
"Cannabis paraphernalia" means equipment, products, devices and materials that are used for planting, propagating, cultivating, harvesting, processing, preparing, testing, packaging or storing adult use cannabis or used for ingesting, inhaling or otherwise consuming adult use cannabis. "Cannabis paraphernalia" includes, but is not limited to:
14.
Cannabis plant.
"Cannabis plant" means all species of the plant genus Cannabis sativa L., including, but not limited to, a mother plant, a mature cannabis plant, an immature cannabis plant or a seedling. "Cannabis plant" does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
15.
Cannabis product.
"Cannabis product" means a product composed of cannabis or cannabis concentrate and other ingredients that is intended for use or consumption. "Cannabis product" includes, but is not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture. "Cannabis product" does not include cannabis concentrate or a product containing hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
16.
Cannabis store.
"Cannabis store" means a facility licensed under this chapter to purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation facility, to purchase adult use cannabis and adult use cannabis products from a products manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature cannabis plants, seedlings and other products to consumers.
17.
Cannabis trim.
"Cannabis trim" means any part of a cannabis plant, whether processed or unprocessed, that is not cannabis flower or a cannabis seed except that "cannabis trim" does not include the stalks or roots of the cannabis plant. "Cannabis trim" does not include any part of a hemp plant as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
18.
Caregiver.
"Caregiver" has the same meaning as in Title 22, section 2421‑A, subsection 11.
19.
Child-resistant.
"Child-resistant" means, with respect to packaging or a container:
20.
Colocation.
"Colocation" means the siting of multiple licensees or the siting of a licensee with a registered caregiver or registered dispensary within a licensed premises.
21.
Commissioner.
"Commissioner" means the Commissioner of Administrative and Financial Services.
22.
Container.
"Container" means a sealed package in which adult use cannabis or an adult use cannabis product is placed by a licensee prior to sale to a consumer and that meets all applicable packaging, labeling and health and safety requirements of this chapter and the rules adopted pursuant to this chapter.
23.
Criminal justice agency.
"Criminal justice agency" has the same meaning as in Title 16, section 803, subsection 4.
24.
Cultivation or cultivate.
"Cultivation" or "cultivate" means the planting, propagation, growing, harvesting, drying, curing, grading, trimming or other processing of cannabis for use or sale. "Cultivation" or "cultivate" does not include manufacturing, testing or cannabis extraction.
25.
Cultivation facility.
"Cultivation facility" means a facility licensed under this chapter to purchase cannabis plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use cannabis; to sell adult use cannabis to products manufacturing facilities, to cannabis stores and to other cultivation facilities; and to sell cannabis plants and seeds to other cultivation facilities and immature cannabis plants and seedlings to cannabis stores or adults.
26.
Department.
"Department" means the Department of Administrative and Financial Services.
27.
Direct or indirect financial interest.
"Direct or indirect financial interest" means any interest in a sole proprietorship or business entity that is applying for or holds a cannabis establishment license, including:
28.
Disqualifying drug offense.
"Disqualifying drug offense" means a conviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year or more, except that "disqualifying drug offense" does not include:
29.
Edible cannabis product.
"Edible cannabis product" means a cannabis product intended to be consumed orally, including, but not limited to, any type of food, drink or pill containing cannabis or cannabis concentrate. "Edible cannabis product" does not include an edible product containing hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
30.
Flowering.
"Flowering" means, with respect to a cannabis plant, the gametophytic or reproductive state of a female cannabis plant during which the plant is in a light cycle intended to produce flowers, trichomes and cannabinoids characteristic of cannabis.
31.
Identity statement.
"Identity statement" means the name of a business entity as it is commonly known and used in any advertising or marketing by the business entity.
32.
Immature cannabis plant.
"Immature cannabis plant" means a cannabis plant that is not a mature cannabis plant or a seedling. "Immature cannabis plant" does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
33.
Inherently hazardous substance.
"Inherently hazardous substance" means a liquid chemical, compressed gas or commercial product that has a flash point at or lower than 38 degrees Celsius or 100 degrees Fahrenheit, including, but not limited to, butane, propane and diethyl ether. "Inherently hazardous substance" does not include any form of alcohol or ethanol.
34.
Intoxication.
"Intoxication" means a substantial impairment of an individual's mental or physical faculties as a result of drug or alcohol use.
35.
Law enforcement officer.
"Law enforcement officer" has the same meaning as in Title 17‑A, section 2, subsection 17.
36.
Licensed premises.
"Licensed premises" means the premises specified in a license to operate a cannabis establishment within which the licensee is authorized under this chapter and the rules adopted pursuant to this chapter to cultivate, manufacture, distribute, test or sell adult use cannabis or adult use cannabis products.
37.
Licensee.
"Licensee" means a person licensed pursuant to this chapter to operate a cannabis establishment.
38.
Limited access area.
"Limited access area" means a building, room or other area within the licensed premises of a cannabis establishment where a licensee is authorized to cultivate, store, weigh, manufacture, package or otherwise prepare for sale adult use cannabis and adult use cannabis products in accordance with the provisions of this chapter and the rules adopted pursuant to this chapter.
39.
Maine Medical Use of Cannabis Act.
"Maine Medical Use of Cannabis Act" means the program established in Title 22, chapter 558‑C.
40.
Manufacturing or manufacture.
"Manufacturing" or "manufacture" means the production, blending, infusing, compounding or other preparation of cannabis and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis. "Manufacturing" or "manufacture" does not include cultivation or testing.
41.
Mature cannabis plant.
"Mature cannabis plant" means a cannabis plant that is flowering. "Mature cannabis plant" does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
42.
Minor.
"Minor" means a person who has not attained 21 years of age.
43.
Mother plant.
"Mother plant" means a cannabis plant that is used solely for the taking of seedling cuttings. "Mother plant" does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
44.
Municipality.
"Municipality" means a city, town or plantation in this State that is not located within the unorganized and deorganized areas.
45.
Office.
"Office" means the Office of Cannabis Policy established in section 104‑A within the department.
46.
Permitted premises for a specified event.
"Permitted premises for a specified event" means the premises described in a specified event permit issued to a cannabis store pursuant to section 504‑A where a cannabis store is authorized to sell adult use cannabis and adult use cannabis products.
47.
Person.
"Person" means a natural person or a business entity.
48.
Plan of record.
"Plan of record" means, as applicable, a licensee's current facility plan and the operating, cultivation and security information listed in the licensee's application for a conditional or active license on file with and approved by the office.
49.
Plant canopy.
"Plant canopy" means the total surface area within the licensed premises of a cultivation facility that is authorized by the office for use at any time by the cultivation facility licensee to cultivate mature cannabis plants. The surface area of the plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used by the cultivation facility licensee, the surface area of each tier or shelf must be included in calculating the area of the plant canopy. Calculation of the area of the plant canopy may not include the areas within the licensed premises of a cultivation facility that are used by the licensee to cultivate immature cannabis plants and seedlings and that are not used by the licensee at any time to cultivate mature cannabis plants.
50.
Principal.
"Principal" means:
51.
Products manufacturing facility.
"Products manufacturing facility" means a facility licensed under this chapter to purchase adult use cannabis from a cultivation facility or another products manufacturing facility; to manufacture, label and package adult use cannabis and adult use cannabis products; and to sell adult use cannabis and adult use cannabis products to cannabis stores and to other products manufacturing facilities.
52.
Propagation.
"Propagation" means the process of reproducing cannabis plants through the use of cannabis seeds, cuttings or grafting.
53.
Qualifying patient.
"Qualifying patient" means a person who possesses a valid certification for the medical use of cannabis pursuant to Title 22, section 2423‑B.
54.
Registered caregiver.
"Registered caregiver" has the same meaning as in Title 22, section 2421‑A, subsection 40.
55.
Registered dispensary.
"Registered dispensary" has the same meaning as in Title 22, section 2421‑A, subsection 41.
56.
Sale or sell.
"Sale" or "sell" means a transfer or delivery of cannabis or cannabis products for consideration.
57.
Sample.
"Sample" means:
58.
Sample collector.
"Sample collector" means a person licensed under this chapter to collect samples of cannabis and cannabis products for testing and to transport and deliver those samples to a testing facility for testing.
59.
Seedling.
"Seedling" means a cannabis plant or rooted cutting that is:
60.
Specified event.
"Specified event" means an event that occurs outside the licensed premises of a cannabis store that is not conducted primarily for the benefit or enjoyment of individuals under 21 years of age and that is not more than 10 consecutive days in duration or 10 occurrences in duration. For purposes of this subsection, "occurrence" means an event that is less than 24 hours in duration and that occurs during the same calendar year as another occurrence.
61.
Specified event permit.
"Specified event permit" means a temporary authorization for a cannabis store to conduct sales of adult use cannabis and adult use cannabis products on the permitted premises for a specified event in accordance with section 504‑A.
62.
Tamper-evident.
"Tamper-evident" means, with respect to a device or process, bearing a seal, a label or a marking that makes unauthorized access to or tampering with a package, product or container easily detectable.
63.
Testing or test.
"Testing" or "test" means the research and analysis of cannabis, cannabis products or other substances for contaminants, safety or potency. "Testing" or "test" includes the collection of samples of cannabis and cannabis products for testing purposes, but does not include cultivation or manufacturing.
64.
Testing facility.
"Testing facility" means a facility licensed under this chapter to develop, research and test cannabis, cannabis products and other substances.
65.
THC.
"THC" means tetrahydrocannabinol.
66.
Universal symbol.
"Universal symbol" means an image developed by the office, and made available to licensees, that indicates that a container, package or product contains cannabis or contains or is a cannabis product.
67.
Unorganized and deorganized areas.
"Unorganized and deorganized areas" has the same meaning as in Title 12, section 682, subsection 1.
68.
Visibly intoxicated.
"Visibly intoxicated" means in a state of intoxication accompanied by a perceptible act, a series of acts or the appearance of an individual that clearly demonstrates the state of intoxication.

Legislative History

PL 2023, c. 679, Pt. B, §3 (NEW). RR 2023, c. 2, Pt. A, §§41, 42 (COR).