Maine Revised Statutes
Subchapter 1: GENERAL PROVISIONS
28-B §102. Definitions

§102. Definitions
As used in this Title, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 409, Pt. A, §6 (NEW).]
1. Adult use cannabis. "Adult use cannabis" means cannabis cultivated, manufactured, distributed or sold by a cannabis establishment.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
2. Adult use cannabis product. "Adult use cannabis product" means a cannabis product that is manufactured, distributed or sold by a cannabis establishment.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
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.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
4. Applicant. "Applicant" means a person that submits an application for a license under this chapter to the department for review that the department has not yet approved or denied.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
5. Batch. "Batch" means:
A. A specific quantity of adult use cannabis harvested during a specified period of time from a specified cultivation area within a cultivation facility; or [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B. A specific quantity of adult use cannabis or adult use cannabis products produced during a specified period of time in a specified manufacturing area within a products manufacturing facility. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
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.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
8. Child-resistant. "Child-resistant" means, with respect to packaging or a container:
A. Specially designed or constructed to be significantly difficult for a typical child under 5 years of age to open and not to be significantly difficult for a typical adult to open and reseal; and [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. With respect to any product intended for more than a single use or that contains multiple servings, resealable. [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2017, c. 409, Pt. A, §6 (NEW).]
9. Commissioner. "Commissioner" means the Commissioner of Administrative and Financial Services.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
10. Container. "Container" means a sealed package in which adult use cannabis or an adult use cannabis product is placed by a cannabis store 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
11. Criminal justice agency. "Criminal justice agency" has the same meaning as in Title 16, section 803, subsection 4.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
12. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
13. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
14. Department. "Department" means the Department of Administrative and Financial Services.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
15. 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:
A. An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed 5 or more years prior to the submission of an application for a license under this chapter; or [PL 2021, c. 669, §4 (AMD).]
B. An offense that consisted of conduct that would be authorized under this Title or that, if the person convicted of the offense had been acting under the authority of a license pursuant to this Title, would have been authorized under this Title. [PL 2021, c. 669, §4 (AMD).]
[PL 2021, c. 669, §4 (AMD).]
16. 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.
[PL 2019, c. 528, §17 (AMD); PL 2021, c. 669, §5 (REV).]
17. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
18. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
19. 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.
[PL 2019, c. 528, §17 (AMD); PL 2021, c. 669, §5 (REV).]
20. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
21. Intoxication. "Intoxication" means a substantial impairment of an individual's mental or physical faculties as a result of drug or alcohol use.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
22. Law enforcement officer. "Law enforcement officer" has the same meaning as in Title 17‑A, section 2, subsection 17.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
23. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
24. Licensee. "Licensee" means a person licensed pursuant to this chapter to operate a cannabis establishment.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
25. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
26. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
27. 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.
[PL 2019, c. 528, §18 (AMD); PL 2021, c. 669, §5 (REV).]
28. 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.
[PL 2019, c. 528, §19 (AMD); PL 2021, c. 669, §5 (REV).]
29. 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.
[PL 2019, c. 676, §1 (AMD); PL 2021, c. 669, §5 (REV).]
30. 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.
[PL 2019, c. 528, §19 (AMD); PL 2021, c. 669, §5 (REV).]
31. 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.
[PL 2019, c. 528, §19 (AMD); PL 2021, c. 669, §5 (REV).]
32. Cannabis plant. "Cannabis plant" means all species of the plant genus Cannabis, 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.
[RR 2021, c. 2, Pt. A, §103 (COR).]
33. 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.
[PL 2019, c. 528, §19 (AMD); PL 2021, c. 669, §5 (REV).]
34. 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 and seedlings to consumers.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
35. 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.
[PL 2021, c. 226, §1 (AMD); PL 2021, c. 669, §5 (REV).]
36. 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.
[PL 2019, c. 528, §19 (AMD); PL 2021, c. 669, §5 (REV).]
37. 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.
[PL 2021, c. 226, §2 (AMD); PL 2021, c. 669, §5 (REV).]
38. Municipality. "Municipality" means a city, town or plantation in this State that is not located within the unorganized and deorganized areas.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
39. Opaque. "Opaque" means, with respect to packaging or a container, that any product inside of the packaging or container cannot be seen from outside the packaging or container.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
40. Person. "Person" means a natural person or a business entity.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
41. Plant canopy. "Plant canopy" means the total surface area within the licensed premises of a cultivation facility that is authorized by the department 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
42. Caregiver. "Caregiver" has the same meaning as in Title 22, section 2422, subsection 8‑A.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2017, c. 452, §37 (REV).]
43. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
44. Propagation. "Propagation" means the process of reproducing cannabis plants through the use of cannabis seeds, cuttings or grafting.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
45. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
46. Registered dispensary. "Registered dispensary" has the same meaning as in Title 22, section 2422, subsection 6.
[PL 2017, c. 452, §28 (AMD).]
47. Registered caregiver. "Registered caregiver" has the same meaning as in Title 22, section 2422, subsection 11.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2017, c. 452, §37 (REV).]
48. Resident. "Resident" means a natural person who:
A. [PL 2017, c. 409, Pt. A, §6 (NEW); MRSA T. 28-B §102, sub-§48, ¶A (RP).]
B. Is domiciled in this State; and [PL 2017, c. 409, Pt. A, §6 (NEW).]
C. Maintains a permanent place of abode in this State and spends in the aggregate more than 183 days of the taxable year in this State. [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2017, c. 409, Pt. A, §6 (NEW).]
49. Sale or sell. "Sale" or "sell" means a transfer or delivery of cannabis or cannabis products for consideration.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
50. Sample. "Sample" means:
A. An amount of cannabis or an amount of a cannabis product provided to a testing facility by a cannabis establishment or other person for testing or research and development purposes in accordance with subchapter 6; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B. An amount of adult use cannabis or an amount of an adult use cannabis product collected from a licensee by the department for the purposes of testing the cannabis or cannabis product for product quality control purposes pursuant to section 512, subsection 2; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
C. An amount of adult use cannabis provided by a cultivation facility to another licensee for business or marketing purposes pursuant to section 501, subsection 8; [PL 2019, c. 676, §2 (AMD); PL 2021, c. 669, §5 (REV).]
D. An amount of adult use cannabis or an amount of an adult use cannabis product provided to another licensee by a products manufacturing facility for business or marketing purposes pursuant to section 502, subsection 6; or [RR 2021, c. 2, Pt. A, §104 (COR).]
E. An amount of cannabis or an amount of a cannabis product collected by a sample collector licensee and provided to a testing facility for testing consistent with the requirements of section 503‑A. [RR 2021, c. 2, Pt. A, §105 (COR).]
F. [PL 2019, c. 676, §2 (NEW); MRSA T. 28-B §102, sub-§50, ¶F (RP).]
[RR 2021, c. 2, Pt. A, §§104, 105 (COR).]
50-A. 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.
[PL 2019, c. 676, §3 (NEW); PL 2021, c. 669, §5 (REV).]
51. Seedling. "Seedling" means a cannabis plant or rooted cutting that is:
A. Not flowering; [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. Less than 24 inches in height; and [PL 2021, c. 251, §5 (AMD).]
C. Less than 24 inches in width. [PL 2021, c. 251, §5 (AMD).]
[PL 2021, c. 251, §5 (AMD); PL 2021, c. 669, §5 (REV).]
52. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
53. 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.
[PL 2019, c. 676, §4 (AMD); PL 2021, c. 669, §5 (REV).]
54. Testing facility. "Testing facility" means a facility licensed under this chapter to develop, research and test cannabis, cannabis products and other substances.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
55. THC. "THC" means tetrahydrocannabinol.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
56. Universal symbol. "Universal symbol" means an image developed by the department, and made available to licensees, that indicates that a container, package or product contains cannabis or contains or is a cannabis product.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
57. Unorganized and deorganized areas. "Unorganized and deorganized areas" has the same meaning as in Title 12, section 682, subsection 1.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
58. 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.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2017, c. 452, §28 (AMD). PL 2017, c. 452, §37 (REV). PL 2019, c. 12, Pt. B, §12 (AMD). PL 2019, c. 528, §§17-19 (AMD). PL 2019, c. 676, §§1-4 (AMD). PL 2021, c. 226, §§1, 2 (AMD). PL 2021, c. 251, §5 (AMD). PL 2021, c. 669, §4 (AMD). PL 2021, c. 669, §5 (REV). RR 2021, c. 2, Pt. A, §§103-105 (COR).