Maine Revised Statutes Title 28-B Sec. 802 – Penalties
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1. Monetary penalties. A monetary penalty imposed by the department on a licensee pursuant to this subchapter may not exceed $100,000 per license violation.
A. The department shall adopt rules setting forth potential amounts of monetary penalties to be imposed on a licensee based upon specific categories of unauthorized conduct by the licensee, including major and minor license violations, as follows:
(1) Not more than $10,000 per minor license violation;
(2) Except as provided in subparagraph (3), not more than $50,000 per major license violation; and
(3) Not more than $100,000 per major license violation affecting public safety. [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. All monetary penalties imposed pursuant to this subchapter must be paid by the licensee to the department in the form of cash or in the form of a certified check or a cashier’s check payable to the department. All monetary penalties paid to the department pursuant to this subchapter must be deposited into the Adult Use Cannabis Regulatory Coordination Fund established in section 1102. [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).]
Terms Used In Maine Revised Statutes Title 28-B Sec. 802
- 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
- Cannabis establishment: means a cultivation facility, a products manufacturing facility, a testing facility, a cannabis store or a sample collector licensed under this chapter. 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
- Licensee: means a person licensed pursuant to this chapter to operate a cannabis establishment. See Maine Revised Statutes Title 28-B Sec. 102
2. License suspension. A licensee whose license has been suspended pursuant to this subchapter may not, for the duration of the period of suspension, engage in any activities relating to the operation of the cannabis establishment the licensee is licensed to operate.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
3. License revocation. A licensee whose license has been revoked pursuant to this subchapter shall cease immediately all activities relating to the operation of the cannabis establishment the licensee was previously licensed to operate and shall ensure that all adult use cannabis and adult use cannabis products in the possession of the licensee are forfeited to the department for destruction in accordance with section 803.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
4. Imposition of monetary penalty upon suspension or revocation. In addition to suspending or revoking a licensee’s license, the department may impose a monetary penalty on the licensee consistent with this section.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).