The Maine Division of Administrative and
Monetary Providers (DAFS) just lately launched the first draft of proposed rules
to manipulate the
state’s adult-use cannabis trade, which was legalized by way of poll initiative
within the 2016 elections. Whereas there’ll nearly actually be adjustments made to the
rules as they exist at the moment, beneath we assessment some objects pertinent to
the state’s nascent wholesale market.
The draft guidelines lay out 4 tiers of
cultivation licenses. Tier 1 licenses permit the farming of as much as 30 mature
vegetation or 500 sq. ft of cover. Tier 2 licensees will be capable to develop up
to 2,000 sq. ft of cover area. Tier Three operations will likely be permitted to domesticate
as much as 7,000 sq. ft of cover space. Tier four growers may fit as much as 20,000
sq. ft of cover, or almost a half-acre. A license for nursery cultivation
services can also be being proposed for operations that may promote clones and seeds
to different licensed growers or shoppers.
Importantly, “cover” is outlined in Maine’s
draft guidelines as areas that comprise mature, flowering vegetation solely. Below the
present model of the rules, licensed cultivators would be capable to have
limitless quantities of immature vegetation and “seedlings,” or clones.
Cultivation in greenhouses and outdoor, in
addition to indoor rising, will likely be allowed in Maine’s adult-use market, although
after all safety, fencing, and lighting necessities are outlined for every
License charges differ in line with tier, in
addition to an operator’s cultivation methodology. Tier 1 out of doors growers pays
charges of $9 per mature plant or $250, whereas these on this tier rising indoors
or utilizing a mixture of synthetic and pure gentle pays $17 per mature plant or
$500 yearly. Annual license charges for a Tier 2 allow have been set initially
at $1,500 for an out of doors cultivator and $3,000 for different develop strategies. Tier 3
licensees pays $5,000 yearly if farming outdoor or $10,000 per yr
in any other case. Tier four cultivators will see annual license charges of $15,000 for
out of doors rising or $30,000 for indoor or combined operations. Annual charges for a
nursery license have been set at $350.
The rules don’t embrace a state-level
cap on the variety of cultivation licenses that is perhaps issued. Nevertheless, all
companies in search of to enter Maine’s adult-use market should safe native
approval earlier than having the ability to acquire a state license, which can seemingly limit
the proliferation of such operations considerably.
The proposed rules additionally present
pointers pertinent to Maine’s registered caregivers or current medical
dispensary operations that intend to enter the state’s adult-use market. In
normal, plant cultivation and ensuing product should be stored separate. The
parallel, impermeable markets specified by the draft guidelines echo the state of affairs in
Colorado. Additional, cultivation of medical and adult-use vegetation in Maine should be
“visually and bodily” separated, in contrast to in Colorado the place vegetation tagged for
the medical and adult-use markets could also be grown side-by-side
For current operations, co-location of
medical and adult-use cultivation services is allowed. Nevertheless, the present
guidelines state that potential licensees should illustrate areas distinct to
medical and adult-use vegetation and manufacturing in facility and safety plans
required within the license software.
Moreover, “If a[n adult-use] cultivation
facility with a marijuana retailer license (…) or standalone marijuana retailer is
situated adjoining to a registered caregiver or medical marijuana dispensary, it
will need to have distinctly separate entrances from a public proper of approach.” Such
necessities may pose difficulties for current medical cannabis companies
that may have hoped to easily add extra point-of-sale stations for
adult-use shoppers in a currently-operating medical storefront, as is allowed
in another states.
Relatedly, adult-use operations that intend to
combine vertically to various levels might co-locate cultivation, product
manufacturing, and retail. Nevertheless, circumstances apply, equivalent to a prohibition on
having “inherently hazardous” supplies in a product manufacturing operation
that’s co-located with a storefront.
Whereas the issuance of the primary draft of
adult-use rules is a big step towards a functioning business
market in Maine, when manufacturing and gross sales will start stays considerably
unsure. A report from the Portland Press Herald
, previous to the discharge of
the draft guidelines, acknowledged that ultimate rules should be permitted by state
lawmakers previous to the tip of the legislative session in June if gross sales are to
have an opportunity of commencing by the tip of this yr.
Notably, the draft guidelines at the moment don’t
embrace proposed rules for testing labs. Moreover, pointers that
would allow current medical cannabis dispensaries or caregiver operations to
start promoting to adult-use shoppers, or switch current stock into the
new market, are usually not included within the rules as they’re constituted
at the moment.