Proposed Rules

The Office of Marijuana Policy is currently engaged in rulemaking related to the licensing of marijuana testing facilities.

While testing is critical, it is equally important that testing be done right. With that in mind, the Office of Marijuana Policy will roll out the testing program by requiring the testing of four of the seven statutorily designated analyte types (filth and foreign materials, dangerous molds and mildews, harmful microbes and THC potency, homogeneity and cannabinoid profiles) and bring the remaining three online within one calendar year.

We have learned from other states that it takes time for independent, top-quality labs to establish themselves and develop the capacity necessary to support the growing volume of product moving through a newly-launched adult use program. Requiring testing before there is adequate capacity will bottleneck the regulated industry, which could lead to continued access to the illicit market.

The Maine Legislature contemplated the importance and unique challenges of the marijuana testing program and provided the Office of Marijuana Policy with discretion to assess the capability and capacity of the testing system when implementing mandatory testing (28-B MRS §602 (1)). The Office of Marijuana Policy’s approach will allow consumers who wish to purchase marijuana from a legal market access to products that have been tested. 

The Office of Marijuana Policy will publish its official list of initially required analyte types by December 31, 2019. 

Public Comment Period
Public Hearing: Monday, December 23, 2019; 9:00am at the Deering Building, 90 Blossom Lane, Room 101, Augusta, ME 04330.
Comment Deadline: Monday, January 6, 2020.
Public Comment Feedback Form: https://www.maine.gov/dafs/omp/adult-use/rules-statutes/rulemaking/feedback

A copy of the proposed rule appears immediately below.