These additions are proposed to make permanent emergency adoption of rules that amend and add to the Adult Use Cannabis Program Rule, 18-691 CMR, ch. 1, promulgated by the Maine Department of Administrative and Financial Services (the Department) specific licensing criteria and additional requirements for the operation of sample collector licensees and to rescind the prohibition on cultivation facility, products manufacturing facility and cannabis store licensees collecting samples of cannabis and cannabis products for mandatory testing following enactment of PL 2019, ch. 676, An Act Regarding the Collection of Samples for Testing of Adult Use Cannabis and Adult Use Cannabis Products (emergency, effective March 23, 2020).
This rule is promulgated to ensure the independence and professional responsibility of sample collector licensees, to establish minimum safety and operating standards for sample collector licensees, and to establish minimum requirements, including the use of a Department-developed sample collection form, sample collection standard operating procedure, and sample collection techniques described in the Best Practices Guide for Sample Collection. The minimum requirements apply to all licensees, including those licenses engaged in “self-sampling”. The additions are intended to reduce licensee costs regarding mandatory testing by providing alternatives to cannabis testing facility sample collection services, and are further intended to protect public health and safety by improving the capacity of the cannabis testing infrastructure by reducing sample collection burdens on cannabis testing facilities to allow for additional staff time and resources to conduct mandatory testing, and to provide broader access to mandatory testing by improving the geographic availability of sample collection for mandatory testing.