Committee approves Sen. Maxmin bill to support Maine’s small medical marijuana caregivers

Posted: February 15, 2022 | Senator Maxmin, Veterans and Legal Affairs

AUGUSTA – On Monday, a bill from Sen. Chloe Maxmin, D-Nobleboro, to support Maine’s small medical marijuana caregivers was approved by the Legislature’s Veterans and Legal Affairs Committee. An amended version of LD 1784, “An Act To Ensure Legislative Review of Rules for Maine’s Medical Use of Marijuana Act,” received unanimous, bipartisan support from committee members present.

“Maine’s small medical marijuana caregivers have suffered in recent years under burdensome regulations and unfair rules that give the advantage to large, out-of-state corporate interests,” said Sen. Maxmin. “This bill is all about giving them a voice in the rulemaking process so that they have the opportunity to successfully run their businesses in their own state. This new process represents a fresh start for the relationship between caregivers and regulators, and I’m hopeful that these next few years will see some more productive conversations about how we can best support these small businesses and Maine patients.”

Last session, the Legislature passed LD 1242, which, in part, made all rule changes governing Maine’s medical use of marijuana program major substantive changes, rather than routine technical changes. Major substantive rule changes may be adopted by an agency on a provisional basis, but must be approved by the Legislature in order to become permanent. Rules may also become permanent if the Legislature fails to act to prevent the rules from going into effect. LD 1242 was passed after Maine’s small caregivers voiced concerns with rule changes that placed an undue burden on their businesses, including round-the-clock video surveillance of their businesses, which are often private homes as well, and which jeopardized patient privacy.

LD 1784 further builds on this intent of greater oversight by requiring that all major substantive rule changes regarding Maine’s medical marijuana program be authorized by legislation, requiring further affirmative action by the Legislature. Unlike in typical major substantive rulemaking procedure, temporary rules about Maine’s medical marijuana program may not become permanent simply because the Legislature fails to act. This eliminates the possibility that temporary rules can become permanent if the Legislature is forced to adjourn prematurely, as happened during March 2020. Because all bills brought before Maine’s Legislature undergo a public hearing process, this gives caregivers, patients and others affected by proposed rule changes the opportunity to make their voices heard. This would help prevent potentially harmful rules from going into effect, even temporarily. As amended, the provisions in LD 1784 will sunset after three years.

“[LD 1784] would protect patients and caregivers from devastating rule changes in the event of something like an early emergency adjournment (as we experienced two years ago) and more simply, just fulfills the Legislature’s commitment to meaningful oversight of this valuable and lucrative program,” said Alysia Melnick on behalf of the Maine Craft Cannabis Association in testimony supporting the bill. Melnick is also an appointed member of Maine’s Marijuana Advisory Commission.

LD 1784 now faces votes in the Senate and the House.