Maine Revised Statutes Title 28-B Sec. 203 – Additional licensing considerations
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An applicant for a license to operate a cannabis establishment shall submit, and the department shall consider in determining whether to grant the license, the following additional information. If the applicant is a business entity, the applicant must submit the information required by this section for every officer, director, manager and general partner of the business entity. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
1. Other convictions. The applicant shall submit information regarding the applicant’s criminal convictions in this State or in another jurisdiction for any offense involving dishonesty, deception, misappropriation or fraud. The applicant may submit and the department shall consider if submitted any information regarding the applicant’s criminal history record, including, but not limited to, evidence of rehabilitation, character references and educational achievements, with special consideration given to the time between the applicant’s last criminal conviction and the consideration by the department of the application for licensure.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 28-B Sec. 203
- 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
- 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
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Administrative and Financial Services. See Maine Revised Statutes Title 28-B Sec. 102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Tax compliance. The applicant shall submit information regarding:
A. The applicant’s history of paying income and other taxes owed to the State, to another jurisdiction, if applicable, and to the United States Internal Revenue Service over the 2 years immediately preceding the year in which the application is filed; and [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. Any outstanding tax liens imposed or levied against the applicant in this State or in another jurisdiction within the 5 years immediately preceding the year in which the application is filed. [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2017, c. 409, Pt. A, §6 (NEW).]
3. Other state cannabis-related violations or penalties. If the applicant has held a license, permit, certificate or other government-issued authorization in another jurisdiction allowing the cultivation, manufacture, testing or sale of cannabis or cannabis products, the applicant shall submit information regarding any violations by or penalties imposed on the applicant in that other jurisdiction.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).