Maine Revised Statutes Title 28-B Sec. 113 – Report to Legislature
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1. Report required. By February 15, 2020, and annually thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over adult use cannabis matters as provided in this section.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
Terms Used In Maine Revised Statutes Title 28-B Sec. 113
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adult use cannabis: means cannabis cultivated, manufactured, distributed or sold by a cannabis establishment. See Maine Revised Statutes Title 28-B Sec. 102
- 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. See Maine Revised Statutes Title 28-B Sec. 102
- 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. See Maine Revised Statutes Title 28-B Sec. 102
- Department: means the Department of Administrative and Financial Services. See Maine Revised Statutes Title 28-B Sec. 102
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See Maine Revised Statutes Title 28-B Sec. 102
- Licensee: means a person licensed pursuant to this chapter to operate a cannabis establishment. See Maine Revised Statutes Title 28-B Sec. 102
- 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. See Maine Revised Statutes Title 28-B Sec. 102
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Report contents. The report required under subsection 1 must, at a minimum, include the following information:
A. The number of applications for each type of license submitted to the department pursuant to this chapter during the prior calendar year, including, if applicable, the number of applications for license renewals, and the number of each type of license conditionally approved by the department during the prior calendar year; [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. The total number of each type of active license issued by the department pursuant to this chapter in the prior calendar year following local authorization of a conditionally approved licensee; [PL 2017, c. 409, Pt. A, §6 (NEW).]
C. The total square footage of plant canopy approved by the department for active cultivation facilities licensed in the prior calendar year, the percentage of active cultivation facility licenses by cultivation tier and, if applicable, the number of approved increases in the maximum plant canopy allowed under a tier 4 cultivation facility license in the prior calendar year pursuant to section 304; [PL 2017, c. 409, Pt. A, §6 (NEW).]
D. The total amount of application fees and license fees collected pursuant to this chapter and the total amount of the excise and sales tax revenue collected on the sale of adult use cannabis and adult use cannabis products during the prior calendar year; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
E. An overview of current adult use cannabis-related staffing at the department and the cost to the department to regulate the adult use cannabis industry in the State during the prior fiscal year and cost projections for the upcoming fiscal year; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
F. The total reported volume and value of adult use cannabis cultivated and sold by all cultivation facilities in the prior calendar year, when available; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
G. The total reported volume and value of adult use cannabis and adult use cannabis products sold by all cannabis stores in the prior calendar year, when available; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
H. The number of inspections of the licensed premises of licensees performed by the department during the prior calendar year and the results of those inspections, including, but not limited to, the number of inspections resulting in license violations and the percentage of all licensees inspected during the prior calendar year; [PL 2017, c. 409, Pt. A, §6 (NEW).]
I. The number of license violations committed by licensees during the prior calendar year and a breakdown of those violations into specific categories based on the type of violation and the outcome of the violation, including, but not limited to, the total amount of monetary penalties imposed and collected by the department and the percentage of total license violations resulting in the imposition of a monetary penalty, license suspension or license revocation; [PL 2017, c. 409, Pt. A, §6 (NEW).]
J. Public health and safety data collected, received or analyzed by the department pursuant to section 107 in the prior calendar year; and [PL 2017, c. 409, Pt. A, §6 (NEW).]
K. Recommendations, including any suggested legislation, to address any issues with the regulation of the adult use cannabis industry in the State encountered by the department in the prior calendar year. [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).]
3. Authority to report out legislation. After reviewing the report required under subsection 1, the joint standing committee of the Legislature having jurisdiction over adult use cannabis matters may report out legislation to implement any recommendations contained in the report or to address any other issues identified in the report.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).