Soon after a contentious campaign, Dilemma 1, Maine’s initiative to legalize retail cannabis, has passed by a slim margin. Maine joins the 7 other states (Alaska, California, Colorado, Massachusetts, Nevada, Oregon, and Washington) and the District of Columbia in building retail hashish available to older people.
Though the law’s standard basic principle – allowing for for the possession, cultivation, and sale of hashish by older people 21 and older – could appear to be basic, the techniques in which the new legislation will have an effect on equally the community and Maine’s healthcare cannabis business are advanced.
This write-up will summarize some of the most crucial aspects of Maine’s legalization regulation that are currently recognised.
1) Believed Timeline
The initiative may have passed, but this does not suggest grownups can increase, use, and invest in cannabis immediately. Mainers cannot legally increase or use their possess recreational cannabis till sometime this December, thirty days after the governor proclaims the law’s passage, and the earliest Mainers are probably to be in a position to acquire cannabis in a retail shop is in early to mid-2018.
Below is an estimate of how and when the several aspects of legalization might roll out:
November 2016 – Governor Paul LePage proclaims the initiative to be legislation. Assuming no recount, or a refusal by the governor to act, the governor will proclaim the initiative to have handed, very likely sometime this thirty day period. Having said that, the legislation will not just take impact, and older people are not able to lawfully increase or possess recreational cannabis, for yet another 30 days right after the proclamation.
December 2016 – Legalization becomes helpful. Thirty times following the governor’s proclamation (the “effective date”), the regulation will get influence – except it can be decided there is not more than enough condition funding or the initiative does not discover a sufficient funding resource in that scenario the legislation will consider result forty five days immediately after the start out of the future legislative session soon after cash are allocated, that is someday concerning approximately February and March 2017. Having said that, it will most possible acquire effect someday in December 2016, 30 days after the governor’s proclamation.
On the law’s effective date, men and women will be permitted to possess, use, mature, and transfer hashish for particular use. Even so, it may perhaps acquire up to a calendar year or more time for Maine to begin licensing retail cannabis institutions.
Amongst January 2016 and July 2017 – The legislature would make the initiative element of Maine’s statutes. The initiative Mainers voted on will be passed into Maine’s statutes by the legislature throughout the next legislative session in 2017, almost certainly with a couple tweaks.
September 2017 – The state passes procedures governing the retail cannabis plan and services. In nine months of the initiative’s efficient date, the regulatory company (the Maine Section of Agriculture, Conservation, and Forestry) is needed to pass in depth regulations that set the broader, much more common initiative into apply. It will will need to maintain community hearings and settle for community comments on the proposed policies.
Oct 2017 – The condition starts to acknowledge applications for retail marijuana facility licenses. Inside thirty days following it puts regulations into effect, the Office of Agriculture will commence to accept purposes for the 5 styles of retail facility licenses (much more on this below). If following 90 times the precedence purposes gained do not max out the 800,000 square-foot statewide canopy restrict for cultivation licenses, the Office will settle for more apps right up until the cap is attained.
January 2018 to April 2018 – The state difficulties the to start with licenses for retail cannabis services. In ninety times of approving a retail facility license application from a experienced applicant, the Division have to problem a license. If various applicants compete for a spot in a municipality that has confined the number of licenses, the Division has 180 times to check with the municipality and concern the contested license to the most popular applicant.
Hence, whilst older people will in all probability be in a position to use, improve, and transfer hashish and crops as early as following thirty day period, the earliest Mainers are probable to be capable to purchase hashish in a retail store is in early to mid-2018.
Of study course, the true timeline could range dependent on the rate at which the regulatory method moves forward in truth.
two) Own Cultivation and Use
Upon the initiative’s helpful date, probably in December 2016, Mainers in excess of 21 will be permitted to possess, transfer, and develop hashish for private use. Here are the specifics on what will be permitted:
Persons 21 or older may possibly:
A. Possess, transport, and use up to two.5 ounces of geared up hashish in non-community places. Cannabis is even now not permitted on federal assets, or exactly where or else prohibited
B. Transfer (without having compensation) up to two.five ounces of geared up cannabis and six immature plants or seedlings to another grownup about 21
C. Cultivate up to 6 flowering crops, twelve immature crops, and unlimited seedlings. The plants must every be marked with a tag bearing the owner’s identify and Maine driver’s license or condition ID numberD. Possess all the hashish harvested from the crops at the adult’s home E. Obtain up to 2.5 ounces of retail cannabis and marijuana accessories from a retail cannabis keep (when these types of retailers open) andF. Order up to twelve seedlings or immature plants from a retail cannabis cultivation facility (when all those amenities are set up).
3) Distinct Sorts of Retail Marijuana Services
The legalization law offers for 5 unique kinds of retail cannabis facilities. The subsequent kinds of retail establishments will commence to show up soon after licenses are finally issued, probably in early to mid-2018:
A. Retail marijuana store
Can promote retail cannabis, retail cannabis products, and similar equipment, gear, and attire straight to buyers at minimum 21 several years of age.
B. Retail marijuana cultivation facility
Can cultivate and promote cannabis to (1) licensed retail marijuana shops, (2) retail marijuana items manufacturing services, (three) other retail cannabis cultivation amenities, and (four) retail cannabis social clubs.Can operate a retail marijuana retailer, if the retail outlet is situated on the similar certified premises.
C. Retail cannabis products production facility
Can manufacture “retail cannabis products and solutions” (i.e., solutions made from retail cannabis, like concentrates, ointments, tinctures, and edibles).Can mature its possess cannabis if it obtains a retail cannabis cultivation facility license if not, it have to acquire its marijuana from a certified retail cannabis cultivation facility.
D. Retail cannabis tests facility
Can accomplish screening and investigate on retail cannabis from (one) retail cannabis cultivation amenities, (2) retail cannabis products manufacturing amenities, (three) retail cannabis retailers, and (4) retail marijuana social clubs.
E. Retail cannabis social club
Can offer retail cannabis, retail marijuana goods, and relevant extras, gear, and clothing to buyers at least 21 a long time of age.Retail marijuana and marijuana merchandise offered on the premises ought to be eaten on the premises.
four) Prerequisites and Priorities for Retail Facility Candidates
Quite a few health care marijuana caregivers, sufferers, and many others will possible search for retail cannabis facility licenses in the months ahead. These licenses is not going to be issued on a strictly initial-occur, initially-served foundation as an alternative, candidates ought to fulfill certain requirements, and priority will be specified to selected lessons of candidates.
The law supplies that candidates:
A. need to be at least 21 a long time outdated
B. ought to not have a disqualifying drug offense on record. In this context, a “disqualifying drug offense” suggests conviction for a point out or federal controlled substance legislation violation punishable by 5 or far more several years incarceration, for which any time period of imprisonment, probation, or supervised launch finished considerably less than 10 several years prior to the time of software
C. ought to not have previously experienced a retail cannabis institution license revoked
D. are unable to be a member of legislation enforcement and
E. will be given priority for licenses as follows: initial priority for issuing licenses will be supplied to cultivating caregivers that have been registered with DHHS for at minimum two many years at the time of the application. Equal priority will be offered to men and women who have served as principal officers or directors of a dispensary, even though just about every director or officer will get desire for only a single of each and every license variety, irrespective of how a lot of dispensaries in which he or she has an fascination. Further preference will be granted to caregivers who have 3 or much more caregiver registration playing cards at the time of the software.
5) Cultivation Facility Limitations and Grow Sizes
Through Concern 1’s campaign, 1 of the extra controversial aspects of the initiative was its cap on the overall plant canopy that will be licensed for retail cultivation. The Division will at first limit plant cover for retail cultivation amenities statewide to 800,000 sq. ft. The Division may increase this restrict if it decides that a greater amount of money is wanted to make sure an enough supply to meet up with demand from customers for many strains of cannabis through the point out.
There will be two sorts of cultivation facility licenses issued:
(1) those people with 3,000 square feet or less of plant canopy, and
(2) all those with extra than 3,000 sq. ft of plant cover (up to 30,000 square toes).
The Section will license retail marijuana cultivation services by unit blocks of 10 feet by ten ft, or one hundred square feet, of plant canopy, with 40% of all licenses issued heading to licensees of 30 device blocks (three,000 sq. toes) or significantly less. The utmost total of device blocks authorized to a solitary licensee is 300 (thirty,000 sq. feet).
Retail marijuana cultivation facility licenses will be awarded to candidates centered on the priority process outlined in Area four, above. If after 90 days the statewide 800,000 sq.-foot canopy restrict just isn’t fatigued by precedence applicants, the agency will acknowledge more cultivation purposes.
six) Nearby Legislation
Although the state may not restrict the quantity of retail marijuana store licenses, Maine’s municipalities will have total regulate about exactly where any retail cannabis institutions will be found, and if they will be permitted at all. As with healthcare marijuana caregiver amenities right now, regional zoning legislation and ordinances will determine exactly where retail cannabis institutions may function.
This posting seeks to give a sense of some of the most crucial sections of Maine’s marijuana legalization legislation, but the regulation is prolonged and advanced, and cannot be absolutely summarized in this posting. And of program, as the regulatory course of action progresses and as the point out drafts the distinct rules governing retail marijuana, the approximated timeline and predicted licensing processes could transform. This blog will be updated periodically to report on critical developments in the legalization process.