Maine Revised Statutes
Subchapter 5: OPERATING REQUIREMENTS FOR CANNABIS ESTABLISHMENTS
28-B §504-A. Off-premises sales (WHOLE SECTION TEXT EFFECTIVE 1/01/23)

§504-A. Off-premises sales
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/23)
Notwithstanding any provision of law to the contrary, the department may issue a permit to a cannabis store to sell adult use cannabis products at a specified event located outside the licensed premises in accordance with the requirements of this section. Transportation of adult use cannabis products between the licensed premises and the specified event is subject to the requirements of section 505. A cannabis store authorized to sell adult use cannabis products under this section is subject to the provisions of section 504. [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
1. Permit application. At least 30 days prior to a specified event, a cannabis store seeking to sell adult use cannabis products at the specified event shall submit a permit application to the department. The application must include:
A. Proof of approval from the municipality in which the specified event is located as described in subsection 2 to sell adult use cannabis products at the specified event; [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
B. A description of the specified event and the name and description of the organization sponsoring the event; and [PL 2021, c. 735, §1 (NEW).]
C. If the specified event is being held on private property, the written permission of the property owner for the cannabis store licensee to sell adult use cannabis products on the property. [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
2. Municipal approval. Proof of municipal approval required under subsection 1, paragraph A must be in a form approved by the legislative body of the municipality in which the specified event is located. A cannabis store applying for municipal approval to sell adult use cannabis products at a specified event must submit a request to the legislative body of the municipality and include in the request the following information:
A. The location of the specified event; [PL 2021, c. 735, §1 (NEW).]
B. The name of the organization sponsoring the specified event; [PL 2021, c. 735, §1 (NEW).]
C. A description of the adult use cannabis products the cannabis store intends to sell at the specified event; and [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
D. The dates during which the specified event will take place and the dates during the specified event that the cannabis store intends to sell adult use cannabis products at the specified event. [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
3. Limitations on off-premises sales. A cannabis store issued a permit under this section may sell adult use cannabis products at a specified event only as authorized under the permit. A permit issued by the department under this section for a specified event may not authorize:
A. Sales at the specified event for a period greater than the duration of the event; [PL 2021, c. 735, §1 (NEW).]
B. Sales anywhere other than the specified event; [PL 2021, c. 735, §1 (NEW).]
C. The consumption of adult use cannabis products at the location of sale at the specified event; or [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
D. Sales of adult use cannabis products that are consumed by smoking. For the purposes of this paragraph, "smoking" has the same meaning as in Title 22, section 1541, subsection 6. [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
4. Conditions. Sales of adult use cannabis products under a permit issued under this section are subject to the following conditions.
A. A cannabis store authorized to sell adult use cannabis products at a specified event held outdoors shall transact all sales in a tent or similar structure with a single point of entry that requires entry into the tent or structure in order to view or purchase adult use cannabis products. [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
B. A cannabis store may not allow a person under 21 years of age to enter a tent or structure in which sales are conducted and shall verify that a person entering the tent or structure is at least 21 years of age in the same manner as required under section 504, subsection 4. [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
C. A cannabis store shall provide signs notifying customers that adult use cannabis products may not be consumed at the location of sale at the specified event. [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
D. A cannabis store shall ensure that all adult use cannabis products are secured when not under the direct control and supervision of the licensee or an employee of the licensee. [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
E. A cannabis store shall record all sales conducted at the specified event using a video recording device in a manner that captures, to the extent practicable, only the individual making the purchase. The recording must be retained by the cannabis store in a manner prescribed by the department by rule. [PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
5. Guidance. The department shall develop guidance documents to assist cannabis stores in applying for and complying with permits under this section and lawfully engaging in the off-premises sale of adult use cannabis products.
[PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
6. Rulemaking. The department shall adopt rules to administer this section, including but not limited to rules that separately apply to indoor specified events and outdoor specified events and rules regarding the process by which a cannabis store may apply for a permit under subsection 1. The department may by rule set an application fee for a permit under this section of not more than $200. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 735, §1 (NEW); PL 2021, c. 669, §5 (REV).]
7. Effective date. This section takes effect January 1, 2023.
[PL 2021, c. 759, Pt. C, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 735, §1 (NEW). PL 2021, c. 759, Pt. C, §2 (AMD). PL 2021, c. 669, §5 (REV).