§ 28-B §501 — Operation of cultivation facilities

A cultivation facility must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter.
1.
Cultivation of adult use cannabis only for sale and distribution to other licensees.
Except as otherwise provided in this section, a cultivation facility may cultivate adult use cannabis only for sale and distribution to products manufacturing facilities, cannabis stores or other cultivation facilities.
2.
Retail sale of adult use cannabis without separate cannabis store license prohibited.
Except as provided in subsection 3, a cultivation facility may not sell or offer to sell adult use cannabis, immature cannabis plants or seedlings to consumers unless the cultivation facility licensee obtains from the office a separate license to operate a cannabis store and otherwise complies with all applicable requirements under this chapter and the rules adopted pursuant to this chapter concerning the operation of cannabis stores. A cultivation facility may not give away adult use cannabis, adult use cannabis products or cannabis plants to a consumer.
3.
Operation of nursery cultivation facilities.
A nursery cultivation facility as described in section 301, subsection 5 must be operated in accordance with the provisions of this subsection and must comply with all other applicable requirements of this chapter and the rules adopted pursuant to this chapter.
4.
Cannabis extraction without separate products manufacturing facility license prohibited.
A cultivation facility may not engage in the manufacture of cannabis concentrate by cannabis extraction unless the cultivation facility licensee has obtained from the office a separate license to operate a products manufacturing facility and otherwise meets the requirements under this chapter and the rules adopted pursuant to this chapter concerning the operation of a products manufacturing facility and concerning cannabis extraction. A cultivation facility licensee with a separate license to operate a products manufacturing facility may share hallways or other common areas with the products manufacturing facility.
5.
Use of shared facility for cultivation of adult use cannabis and cannabis for medical use.
Subject to the requirements of this subsection and the rules adopted pursuant to this subsection, a cultivation facility licensee that is also a registered caregiver or a registered dispensary may cultivate adult use cannabis pursuant to this chapter within the same facility in which the licensee also cultivates cannabis for medical use pursuant to the Maine Medical Use of Cannabis Act. A cultivation facility licensee may share a facility for cultivation with a registered caregiver or registered dispensary pursuant to this subsection as long as at least one owner of the cultivation facility is also the registered caregiver or an owner of the registered dispensary but is not required to have identical ownership.
6.
Limited authorization for sale of cannabis plants and cannabis seeds by registered caregiver or registered dispensary to cultivation facility licensee.
7.
Requirements for outdoor cultivation.
This subsection governs outdoor cultivation operations by a cultivation facility licensee.
8.
Sampling by other licensees.
A cultivation facility licensee may provide samples of adult use cannabis cultivated at the licensed premises to a products manufacturing facility licensee or a cannabis store licensee for business or marketing purposes only. Samples provided by a cultivation facility licensee to another licensee under this subsection may not be consumed within the licensed premises of the cultivation facility. This subsection does not apply to a nursery cultivation facility licensee.
9.
Excise tax; sales tax.
A cultivation facility licensee shall ensure that the tax imposed on the sale of adult use cannabis pursuant to Title 36, chapter 723 is paid to the State Tax Assessor. A nursery cultivation facility licensee shall ensure that the tax imposed on the sale of adult use cannabis and adult use cannabis products under Title 36, section 1811 is collected and remitted in accordance with the requirements of Title 36, Part 3 and the rules adopted pursuant to Title 36, Part 3.
10.
Tracking.
In accordance with the requirements of section 105, a cultivation facility licensee shall track the adult use cannabis it cultivates from immature cannabis plant to the point at which the cannabis plant or the cannabis produced by the cannabis plant is delivered or transferred to a products manufacturing facility, a testing facility, a cannabis store or another cultivation facility or is disposed of or destroyed. If a cultivation facility receives a return of a cannabis plant, cannabis flower or cannabis trim from a products manufacturing facility, a cannabis store or another cultivation facility, the cultivation facility licensee receiving the return shall track the returned cannabis plant, cannabis flower or cannabis trim to the point at which the return is transferred to a products manufacturing facility, a testing facility, a cannabis store or a cultivation facility or is disposed of or destroyed.
11.
Delivery service.
A tier 1 cultivation facility under section 301, subsection 1, a tier 2 cultivation facility under section 301, subsection 2 and a nursery cultivation facility may sell to consumers through a delivery service operated under the same requirements as for cannabis stores under section 504, subsection 9, but a nursery cultivation facility may sell under this subsection only those items authorized for sale under subsection 3, paragraph D. A cultivation facility authorized to conduct retail sales under this subsection shall ensure that the tax imposed on the sale of adult use cannabis and adult use cannabis products to a consumer pursuant to Title 36, section 1811 is collected and remitted in accordance with the requirements of Title 36, Part 3 and the rules adopted pursuant to Title 36, Part 3.
12.
Acquisition of seeds and seedlings.
Notwithstanding any provision of law to the contrary, a cultivation facility licensee or nursery cultivation facility licensee may acquire seeds or seedlings as follows:

Legislative History

PL 2017, c. 409, Pt. A, §6 (NEW). PL 2017, c. 452, §37 (REV). PL 2019, c. 231, Pt. B, §§2-4 (AMD). PL 2021, c. 669, §5 (REV). PL 2023, c. 396, §§4-6 (AMD). PL 2023, c. 679, Pt. B, §§61-67 (AMD).