Maine Revised Statutes Title 28-B Sec. 504-A – Specified event sales
Current as of: 2023 | Check for updates
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Notwithstanding any provision of law to the contrary, the department shall issue a specified event permit to a cannabis store to sell adult use cannabis and adult use cannabis products on the permitted premises for a specified event in accordance with the requirements of this section. Transportation of adult use cannabis and adult use cannabis products between the licensed premises and the permitted premises for a specified event is subject to the requirements of section 505. A cannabis store authorized to sell adult use cannabis and adult use cannabis products under this section is subject to the provisions of section 504. [PL 2023, c. 408, §6 (AMD).]
1. Permit application. At least 30 days prior to a specified event, a cannabis store seeking authorization to sell adult use cannabis and adult use cannabis products at a specified event shall submit a permit application, on a form issued by the department, and a nonrefundable $200 permit application fee to the department. The application must include or be appended with:
A. Proof of approval, in accordance with subsection 2, from the municipality where the specified event will occur to sell adult use cannabis or adult use cannabis products at the specified event; [PL 2023, c. 408, §7 (AMD).]
B. The location and description of the specified event, including the date of the event, the date the cannabis store intends to sell adult use cannabis and adult use cannabis products and the name and description of the organization sponsoring the event; [PL 2023, c. 408, §7 (AMD).]
C. If the specified event is held on private property, the written permission of the property owner for the cannabis store to sell adult use cannabis and adult use cannabis products on the property; [PL 2023, c. 408, §7 (AMD).]
D. A description of the adult use cannabis and adult use cannabis products the cannabis store intends to sell at the specified event; [PL 2023, c. 408, §7 (NEW).]
E. The number of cannabis store employees required to work at the specified event; [PL 2023, c. 408, §7 (NEW).]
F. A diagram and description of the permitted premises for the specified event; and [PL 2023, c. 408, §7 (NEW).]
G. As applicable, a diagram and description of the security measures the cannabis store intends to implement on the permitted premises for the specified event to prevent unauthorized access to adult use cannabis and adult use cannabis products, including access by persons under 21 years of age. [PL 2023, c. 408, §7 (NEW).]
[PL 2023, c. 408, §7 (AMD).]
Terms Used In Maine Revised Statutes Title 28-B Sec. 504-A
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adult use cannabis: means cannabis cultivated, manufactured, distributed or sold by a cannabis establishment. 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
- Cannabis establishment: means a cultivation facility, a products manufacturing facility, a testing facility, a cannabis store or a sample collector licensed under this chapter. See Maine Revised Statutes Title 28-B Sec. 102
- Cannabis store: means a facility licensed under this chapter to purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation facility, to purchase adult use cannabis and adult use cannabis products from a products manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings to consumers. See Maine Revised Statutes Title 28-B Sec. 102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Administrative and Financial Services. See Maine Revised Statutes Title 28-B Sec. 102
- Licensed premises: means the premises specified in a license to operate a cannabis establishment within which the licensee is authorized under this chapter and the rules adopted pursuant to this chapter to cultivate, manufacture, distribute, test or sell adult use cannabis or adult use cannabis products. See Maine Revised Statutes Title 28-B Sec. 102
- Municipality: means a city, town or plantation in this State that is not located within the unorganized and deorganized areas. See Maine Revised Statutes Title 28-B Sec. 102
- Permitted premises for a specified event: means the premises described in a specified event permit issued to a cannabis store pursuant to section 504?A where a cannabis store is authorized to sell adult use cannabis and adult use cannabis products. See Maine Revised Statutes Title 28-B Sec. 102
- Person: means a natural person or a business entity. See Maine Revised Statutes Title 28-B Sec. 102
- sell: means a transfer or delivery of cannabis or cannabis products for consideration. See Maine Revised Statutes Title 28-B Sec. 102
- Specified event: means an event that occurs outside the licensed premises of a cannabis store that is not conducted primarily for the benefit or enjoyment of individuals under 21 years of age and that is not more than 10 consecutive days in duration or 10 occurrences in duration. See Maine Revised Statutes Title 28-B Sec. 102
- Specified event permit: means a temporary authorization for a cannabis store to conduct sales of adult use cannabis and adult use cannabis products on the permitted premises for a specified event in accordance with section 504?A. See Maine Revised Statutes Title 28-B Sec. 102
1-A. Permit issuance. Within 14 calendar days of receipt of a permit application that meets the requirements of subsection 1, the department shall review the application and issue a specified event permit to the cannabis store or deny the application for good cause in accordance with section 206, subsection 2.
[PL 2023, c. 408, §8 (NEW).]
2. Municipal approval. At least 45 days prior to a specified event, a cannabis store shall submit a request for municipal approval to the municipality where the specified event will occur. The cannabis store shall include in the request the information required under subsection 1, paragraphs B to G and any other information or fee required by the municipality. The municipality may restrict the sale of certain adult use cannabis or adult use cannabis products at the specified event. Proof of municipal approval required under subsection 1, paragraph A must be in a form approved by a municipal official or the municipal legislative body of the municipality where the specified event will occur. As used in this subsection, “municipal official” and “municipal legislative body” have the same meanings as in Title 30?A, section 2001. Local authorization for the operation of a cannabis establishment within a municipality, pursuant to section 401, is not required for a municipality to approve a specified event permit.
A. [PL 2023, c. 408, §9 (RP).]
B. [PL 2023, c. 408, §9 (RP).]
C. [PL 2023, c. 408, §9 (RP).]
D. [PL 2023, c. 408, §9 (RP).]
[PL 2023, c. 408, §9 (RPR).]
3. Limitations. A cannabis store issued a specified event permit under this section may sell adult use cannabis and adult use cannabis products at a specified event only as authorized under the permit. A specified event permit issued by the department under this section for a specified event may not authorize:
A. Sales at the specified event for a period greater than the duration of the event; [PL 2021, c. 735, §1 (NEW).]
B. Sales anywhere other than on the permitted premises for the specified event; or [PL 2023, c. 408, §10 (AMD).]
C. The consumption of adult use cannabis or adult use cannabis products on the permitted premises for the specified event. [PL 2023, c. 408, §10 (AMD).]
D. [PL 2023, c. 408, §10 (RP).]
[PL 2023, c. 408, §10 (AMD).]
4. Conditions. Sales of adult use cannabis and adult use cannabis products under a specified event permit are subject to the following conditions.
A. A cannabis store shall conduct all sales in a tent or similar structure with a single point of entry into the tent or structure to view or purchase adult use cannabis or adult use cannabis products. [PL 2023, c. 408, §11 (AMD).]
B. A cannabis store shall verify that a person entering the tent or structure is at least 21 years of age in the same manner as required under section 504, subsection 4. [PL 2023, c. 408, §11 (AMD).]
C. A cannabis store shall provide signs notifying customers that adult use cannabis and adult use cannabis products may not be consumed on the permitted premises of the specified event. [PL 2023, c. 408, §11 (AMD).]
D. A cannabis store shall ensure that all adult use cannabis and adult use cannabis products are secured when not under the direct control and supervision of the cannabis store or the cannabis store’s employee. [PL 2023, c. 408, §11 (AMD).]
E. A cannabis store shall record all sales conducted at the specified event using a video recording device in a manner that captures, to the extent practicable, only the individual making the purchase. The recording must be retained by the cannabis store for 45 days, and the cannabis store shall make it available for inspection at the department’s request. [PL 2023, c. 408, §11 (AMD).]
[PL 2023, c. 408, §11 (AMD).]
5. Guidance. The department shall develop and publish on a publicly accessible website guidance documents to assist cannabis stores in applying for a specified event permit under this section and to establish best practices for conducting sales of adult use cannabis and adult use cannabis products at a specified event.
[PL 2023, c. 408, §12 (AMD).]
5-A. Suspension or revocation. On the department’s own initiative or upon complaint and after investigation, the department, by written order, may for good cause as described in section 206, subsection 2 suspend or revoke a specified event permit issued to a cannabis store. The department shall revoke a specified event permit if:
A. Municipal approval granted in accordance with subsection 2 is revoked by the municipality; or [PL 2023, c. 408, §13 (NEW).]
B. As applicable, the owner of the property where the specified event will occur revokes the property owner’s written permission required under subsection 1, paragraph C. [PL 2023, c. 408, §13 (NEW).]
[PL 2023, c. 408, §13 (NEW).]
6. Rulemaking.
[PL 2023, c. 408, §14 (RP).]
7. Effective date.
[PL 2023, c. 408, §15 (RP).]
SECTION HISTORY
PL 2021, c. 735, §1 (NEW). PL 2021, c. 759, Pt. C, §2 (AMD). PL 2021, c. 669, §5 (REV). PL 2023, c. 408, §§5-15 (AMD).