Maine Adult Use Marijuana Legalization: What We Do and Don’t Know


First it was Medical Marijuana, now Adult Use is arriving at our doorstep.  No matter your personal position on the matter, it is clear that Marijuana storefronts, both Medical and Recretational Use, will soon start popping up across the state.  In fact, the first Medical storefront has already opened in Portland.  While the State is not currently accepting applications for Adult Use Licenses, smart business owners are actively positioning themselves for when that day arrives.

It is important to note that while Recreational Marijuana is now legal in Maine, it remains illegal Federally.  Please address this with any corporate counsel you decide to hire.  In addition, everything published here is subject to possible change as the laws and application remain in constant fluidity.

What We Do Know:

  1. Maine passed the Marijuana Legalization Act (Click Here to Read Title 28-B)
  2. The State recently hired the same consultant that wrote the rules for Colorado’s recreational rules and expects a draft in April 2019.
  3. The State application process will be governed by the Department of Administrative and Financial Services (DAFS), this is the same authority that currently grants or denys licenses for Maine Medical Marijuana.
  4. There will be 4 types of licenses and DAFS will not restrict the amount of licenses they issue at the State level:
    • Cultivation Facility;
    • Testing Facility;
    • Products Manufacturing Facility;
    • Marijuana Store
  5. Every town in Maine that wants to allow Adult Use Facilities must OPT IN to the new law.  In short, every town has the right to say no.

What We Do Not Know:

  1. The actual rules on how Title 28-B will be administered or enforced.  We are expecting those in April 2019.
  2. What towns will OPT IN?
  3. What will the application look like?  We have a general ibdea and the initial screening criteria can be found here.
  4. The actual timeline for when the State and Towns will begin accepting applications.  The draft rules will be submitted for comment in April, but they will still need to accept feedback and finalize them.

This is a high level overview of the current state of affairs and each indiviual and company present a different legal situation.  If you are considering trying to become a part of this new industry, please contact, Michael Vaillancourt, or Jacob Bowie of our Corporate Team to set up an appointment.

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