Maine Revised Statutes > Title 28-B > Chapter 1 – Cannabis Legalization Act
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Terms Used In Maine Revised Statutes > Title 28-B > Chapter 1 - Cannabis Legalization Act
- Adult use cannabis: means cannabis cultivated, manufactured, distributed or sold by a cannabis establishment. See Maine Revised Statutes Title 28-B Sec. 102
- Adult use cannabis product: means a cannabis product that is manufactured, distributed or sold by a cannabis establishment. See Maine Revised Statutes Title 28-B Sec. 102
- Agritourism activity: means any agricultural activity carried out on a farm or ranch that members of the general public are allowed to view or participate in, including farming, ranching, historical and cultural activities, harvest-your-own activities and attractions related to farming or ranching. See Maine Revised Statutes Title 7 Sec. 251
- Agritourism professional: means a person who is engaged in the business of farming or ranching and provides one or more agritourism activities, whether or not for compensation. See Maine Revised Statutes Title 7 Sec. 251
- Amortization: Paying off a loan by regular installments.
- 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. See Maine Revised Statutes Title 28-B Sec. 102
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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. See Maine Revised Statutes Title 28-B Sec. 102
- Arrest: Taking physical custody of a person by lawful authority.
- Batch: means :
A. See Maine Revised Statutes Title 28-B Sec. 102Batch 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. See Maine Revised Statutes Title 28-B Sec. 102 Bonds: means any bonds, notes, interim certificates, debentures or other obligations issued by an authority under this chapter. See Maine Revised Statutes Title 30-A Sec. 4702 Business entity: means a partnership, association, company, corporation, limited liability company or other entity incorporated or otherwise formed or organized by law. 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 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. 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 Cannabis extraction: means the process of extracting cannabis concentrate from cannabis using water, lipids, gases, solvents or other chemicals or chemical processes. See Maine Revised Statutes Title 28-B Sec. 102 Cannabis flower: means the pistillate reproductive organs of a mature cannabis plant, whether processed or unprocessed, including the flowers and buds of the plant. See Maine Revised Statutes Title 28-B Sec. 102 Cannabis paraphernalia: includes , but is not limited to:
A. See Maine Revised Statutes Title 28-B Sec. 102Cannabis 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. See Maine Revised Statutes Title 28-B Sec. 102 Cannabis product: includes , but is not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture. See Maine Revised Statutes Title 28-B Sec. 102 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. See Maine Revised Statutes Title 28-B Sec. 102 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. See Maine Revised Statutes Title 28-B Sec. 102 Child-resistant: means , with respect to packaging or a container:
A. See Maine Revised Statutes Title 28-B Sec. 102Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 28-B Sec. 102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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. See Maine Revised Statutes Title 28-B Sec. 102 Conviction: A judgement of guilt against a criminal defendant. cultivate: means the planting, propagation, growing, harvesting, drying, curing, grading, trimming or other processing of cannabis for use or sale. 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 Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Administrative and Financial Services. See Maine Revised Statutes Title 28-B Sec. 102 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. See Maine Revised Statutes Title 28-B Sec. 102Edible 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. See Maine Revised Statutes Title 28-B Sec. 102 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001 Financial institution: means any bank or trust company, savings bank, savings and loan association, industrial bank, national banking association, federal savings and loan association, mortgage banker, credit union or other such institution authorized to do business in the State, or a government agency which customarily provides service or otherwise aids in the financing of mortgage loans. See Maine Revised Statutes Title 30-A Sec. 4702 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. 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. See Maine Revised Statutes Title 28-B Sec. 102 Fraud: Intentional deception resulting in injury to another. Housing: includes , but is not limited to, any "project" or "housing project" as defined in section 4702, subsection 14. See Maine Revised Statutes Title 30-A Sec. 4933 housing authority: means any of the public corporations created or authorized to be created by this chapter. See Maine Revised Statutes Title 30-A Sec. 4702 Housing Mortgage Insurance Fund: means the fund established under section 4934?A by the Maine State Housing Authority for the purpose of providing insurance for the payment of mortgage loans for housing in the State. See Maine Revised Statutes Title 30-A Sec. 4933 Housing Mortgage Insurance Program: means any program of providing insurance for the payment of mortgage loans for housing in the State established by the Maine State Housing Authority. See Maine Revised Statutes Title 30-A Sec. 4933 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. See Maine Revised Statutes Title 28-B Sec. 102 Immature cannabis plant: means a cannabis plant that is not a mature cannabis plant or a seedling. See Maine Revised Statutes Title 28-B Sec. 102 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indian Housing Authority: means any housing authority created by the Maine Indian Housing law. See Maine Revised Statutes Title 30-A Sec. 4933 Indian Housing Mortgage Insurance Committee: means a committee consisting of:
A. See Maine Revised Statutes Title 30-A Sec. 4933Inherent risks of agritourism activity: means those dangers or conditions that are an integral part of an agritourism activity, including but not limited to:
A. See Maine Revised Statutes Title 7 Sec. 251Inherently 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. See Maine Revised Statutes Title 28-B Sec. 102 Intoxication: means a substantial impairment of an individual's mental or physical faculties as a result of drug or alcohol use. See Maine Revised Statutes Title 28-B Sec. 102 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 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. See Maine Revised Statutes Title 28-B Sec. 102 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. See Maine Revised Statutes Title 28-B Sec. 102 Mature cannabis plant: means a cannabis plant that is flowering. See Maine Revised Statutes Title 28-B Sec. 102 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 mortgage: means :
A. See Maine Revised Statutes Title 30-A Sec. 4702Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Mother plant: means a cannabis plant that is used solely for the taking of seedling cuttings. See Maine Revised Statutes Title 28-B Sec. 102 Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipality: means a city, town or plantation in this State that is not located within the unorganized and deorganized areas. See Maine Revised Statutes Title 28-B Sec. 102 occurrence: means an event that is less than 24 hours in duration and that occurs during the same calendar year as another occurrence. See Maine Revised Statutes Title 28-B Sec. 102 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. See Maine Revised Statutes Title 28-B Sec. 102 Participant: means any person, other than the agritourism professional, who engages in an agritourism activity, whether or not a fee is paid to view or participate in the agritourism activity. See Maine Revised Statutes Title 7 Sec. 251 Permitted premises for a specified event: means the premises described in a specified event permit issued to a cannabis store pursuant to section 504?A where a cannabis store is authorized to sell adult use cannabis and adult use cannabis products. See Maine Revised Statutes Title 28-B Sec. 102 Person: means a natural person or a business entity. See Maine Revised Statutes Title 28-B Sec. 102 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Persons of low income: means persons or families, elderly or otherwise, who lack the income which is necessary, as determined by a housing authority, to enable them, without financial assistance, to live in or purchase decent, safe and sanitary dwellings, without overcrowding. See Maine Revised Statutes Title 30-A Sec. 4702 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 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. See Maine Revised Statutes Title 28-B Sec. 102 Propagation: means the process of reproducing cannabis plants through the use of cannabis seeds, cuttings or grafting. See Maine Revised Statutes Title 28-B Sec. 102 Qualifying patient: means a person who possesses a valid certification for the medical use of cannabis pursuant to Title 22, section 2423?B. See Maine Revised Statutes Title 28-B Sec. 102 Quorum: The number of legislators that must be present to do business. ranch: means the land, plants, animals, buildings, structures, ponds and machinery used in the commercial production of agricultural products. See Maine Revised Statutes Title 7 Sec. 251 ranching: means primarily engaging in the commercial production of agricultural products as a livelihood and includes dairy farming; raising livestock, freshwater fish, fur-bearing animals or poultry; producing, cultivating, growing and harvesting fruit, produce or floricultural or horticultural commodities; or any practices on a farm or ranch that are incident to or in conjunction with these farming operations. See Maine Revised Statutes Title 7 Sec. 251 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Resident: means a natural person who:
A. See Maine Revised Statutes Title 28-B Sec. 102Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Sample: means :
A. See Maine Revised Statutes Title 28-B Sec. 102Sample 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. See Maine Revised Statutes Title 28-B Sec. 102 Seedling: means a cannabis plant or rooted cutting that is:
A. See Maine Revised Statutes Title 28-B Sec. 102sell: means a transfer or delivery of cannabis or cannabis products for consideration. See Maine Revised Statutes Title 28-B Sec. 102 Specified event: means an event that occurs outside the licensed premises of a cannabis store that is not conducted primarily for the benefit or enjoyment of individuals under 21 years of age and that is not more than 10 consecutive days in duration or 10 occurrences in duration. See Maine Revised Statutes Title 28-B Sec. 102 Specified event permit: means a temporary authorization for a cannabis store to conduct sales of adult use cannabis and adult use cannabis products on the permitted premises for a specified event in accordance with section 504?A. See Maine Revised Statutes Title 28-B Sec. 102 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. See Maine Revised Statutes Title 28-B Sec. 102 test: includes the collection of samples of cannabis and cannabis products for testing purposes, but does not include cultivation or manufacturing. See Maine Revised Statutes Title 28-B Sec. 102 Testing facility: means a facility licensed under this chapter to develop, research and test cannabis, cannabis products and other substances. See Maine Revised Statutes Title 28-B Sec. 102 THC: means tetrahydrocannabinol. See Maine Revised Statutes Title 28-B Sec. 102 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. 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. See Maine Revised Statutes Title 28-B Sec. 102 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. See Maine Revised Statutes Title 28-B Sec. 102