Proposed Rules

The Office of Cannabis Policy (OCP) is engaging in routine technical rulemaking to make changes to the Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch. 5. This rulemaking effort includes the following:

  • Updated cross references to the rules governing the Adult Use Cannabis Program and the Cannabis Legalization Act;
  • New provisions to implement previously-issued guidance regarding the process for reporting and addressing instrument failures;
  • Clarification of the ways testing facilities demonstrate capability;
  • Updated technical requirements applicable to microbial analyses using plating methods and sample homogenization; and
  • Clarification of the requirements applicable to remediation and retesting of cannabis and cannabis products that previously failed mandatory testing.

The rules have also been reformatted to comply with the Secretary of State’s required rule format.

While a copy of the proposed rule is included below for reference, please note that the public comment period has closed.

Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, Chapter 5

  • This routine technical rulemaking makes changes to the Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch. 5.

The Office of Cannabis Policy (OCP) is also engaged in major substantive and routine technical rulemaking to implement public laws passed by the First Regular and Special Sessions of the 131st Legislature. This rulemaking implements statutory changes made to the Cannabis Legalization Act, 28-B MRS, ch.1, specifically PL 2023, ch. 6, Emergency (Signed March 15, 2023); PL 2023, ch. 408; and PL 2023, ch. 396; which impact delivery, returns, marketing and advertising, as well as the requirements for specified event permits.

While copies of the proposed rules are included below for reference, please note that the public comment period has closed. The minutes from the public hearing on the proposed rules can be accessed here. More information regarding the implementation timelines of these major substantive and routine technical rules can be found here and updated copies of the provisionally adopted rules can be found here.

Rules for the Administration of the Adult Use Cannabis Program, 18-691 CMR, Chapter 10

  • This major substantive rulemaking updates the definitions, fees, and other administrative requirements of the Adult Use Cannabis Program.

Rules for the Licensure of Adult Use Cannabis Establishments, 18-691 CMR, Chapter 20

  • This major substantive rulemaking updates the licensing requirements of the Adult Use Cannabis Program.

Compliance Rules for Adult Use Cannabis Establishments, 18-691 CMR, Chapter 30

  • This major substantive rulemaking updates the compliance requirements of the Adult Use Cannabis Program.

Rules for the Testing of Adult Use Cannabis, 18-691 CMR, Chapter 40

  • This routine technical rulemaking updates the requirements for the testing of adult use cannabis and cannabis products sold to consumers through the Adult Use Cannabis Program.