Search Results for "maine"

Maine Proposal Would Legalize Cannabis Social Clubs

1/25/2024

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Maine lawmakers are considering a proposal to legalize cannabis social clubs and other forms of on-site consumption, according to a Spectrum News report.

Sponsored by state Rep. David Boyer (R-Poland), the proposal would establish a cannabis-based hospitality industry in Maine by giving tourists a place to legally consume. If approved, the bill would establish a “cannabis hospitality establishment license” that would need to be acquired before businesses could allow on-site consumption.

LD 1952 appeared recently before the Legislature’s Veterans and Legal Affairs Committee.

“It would provide a controlled and regulated environment for adults similar to a brew pub that allows you try different beers and then take some home. This would help ensure public safety and reduce the likelihood of public cannabis consumption in inappropriate places.” — Boyer, in a statement to the state Veterans and Legal Affairs Committee, via Spectrum News

The proposal is notably opposed by John Hudak, Director of the Maine Office of Cannabis Policy, whose concerns range from poor air quality in cannabis clubs to the potential for increased impaired driving. “This bill simply does not address the serious public health and safety issues raised by permitting the public consumption of a substance that impairs critical thinking, memory, judgment, balance and coordination,” Hudak said in the report.

If passed, Maine would join 14 other states including the nearby Massachusetts, New York, and Maryland in allowing for on-site cannabis consumption.

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Portland, Maine City Council Passes Resolution to Deprioritize Psychedelic Mushroom Prosecutions

10/10/2023

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The Portland, Maine City Council last week passed a resolution to deprioritize criminal prosecution for personal use of psychedelic mushrooms, Spectrum News reports. The resolution passed 6-3; however, Corporation Counsel Michael Goldman described the resolution as “a statement of the council’s opinion.” 

“You’re not directing the city manager to do anything. You’re not directing the chief of police to do anything. It’s a statement of opinion of what the council wants to see in terms of priority of issuance of citations, arrests, prosecutions, those kinds of things.” — Goldman via Spectrum News 

During the meeting, Portland Police Chief Mark Dubois described it as a “non-issue.”   

“Nobody can recall arresting anybody for any of these things that we’re talking about, ever,” he said. 

Councilor Mark Dion, a former Cumberland County Sheriff, was one of the three who voted against the resolution, saying while he supports the use of psychedelics for legitimate medical purposes, he thinks the decision “belongs to the state legislature” and that the term “deprioritization” could be misunderstood.     

“This difference of term – deprioritization versus decriminalization – we think we know what that means,” he said. “I can guarantee you, young people out in the community will say, ‘OK, they’ve legalized it. I’m all set in Portland!’ and they’re going to have adverse consequences because of that.”   

Councilor April Fournier, chair of the council’s Health & Human Services and Public Safety Committee, sponsored the measure. She said the resolution will send a positive message to people who use psychedelic plants for medical purposes.  

“I truly believe in harm reduction and being able to figure out what is everyone’s path to wellness,” she said during the meeting. “…I think it should be up to the individual to really have the ability to consider that.”  

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Studies Find Many Maine Medical Cannabis Products Fail Adult-Use Testing Protocols

9/22/2023

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A study conducted by Maine’s Office of Cannabis Policy (OCP) found 45% of medical cannabis samples subject to the same testing as adult-use products would have failed the protocols for containing either pesticides, yeast and mold, or harmful microbes, the Portland Press Herald reports. A separate study by Nova Analytic Labs, one of the state’s four licensed cannabis testing labs, found that about 21% of medical cannabis samples would have failed the state’s adult-use testing panel.

The OCP study included 127 samples from the medical cannabis market and, of those, 57 would have failed under the adult-use testing regime, the report says. The Nova study included about 1,400 samples of medical cannabis which had a much higher failure rate than the samples collected from the adult-use market, which was 4% of 3,200 samples.

In Maine, medical cannabis is not required to be tested, while products from the adult-use market are.

Christopher Altomare, CEO of Nova, told the Press Herald that the medical cannabis samples were provided voluntarily by caregivers who were already choosing to test their products, rather than a randomized selection, so it’s likely the real percentage is much higher. He noted that 10% to 20% of Nova’s business comes from the medical market but they are testing for potency, not pesticides.

“We need thoughtful testing regulations in the medical market. At the end of the day, what we do is public and patient safety and I don’t feel that Maine patients are being adequately protected.” — Altomare to the Press Herald 

Medical cannabis sales in Maine topped $305 million in 2022. In August there were about 1,900 medical cannabis caregivers registered with the state. A report in April from OCP found that from the end of 2021 to the end of January 2023 more than 1,350 medical cannabis caregivers left the program.  

OCP is seeking to institute testing requirements for medical cannabis sold in the state but have faced pushback from caregivers who say the protocols would be costly. During a webinar on Tuesday, OCP Director John Hudak suggested the agency might begin requiring the testing of medical products. 

“If a business model is one in which producing clean cannabis is too costly, there’s something wrong with the business model,” he said. “We’re not going to focus on profits at the expense of patients’ health.” 

Hudak noted that despite being a registered medical cannabis patient, he doesn’t use medical cannabis in Maine because of the lack of testing. 

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Maine Cannabis Regulators Proposing ‘User-Friendly’ Rules Rewrite

9/05/2023

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Maine cannabis regulators are proposing new guidelines intended to make the state’s rules more user-friendly, the Portland Press Herald reports. Gabi Pierce, Maine Office of Cannabis Policy policy director, said the new rules would be a “repeal and replace” of the old rules that would include updated formatting, organization, and language. 

The proposed regulations include a new policy that would allow cannabis retailers, manufacturers, and cultivators to deliver to hotels and businesses, allowing the companies to cater directly to tourists. Under the current rules, Maine cultivators and manufacturers cannot sell directly to customers. 

The bill to overhaul the state’s regulations also includes provisions to double the allowable THC in cannabis products from 100 milligrams per package to 200 milligrams and double the amount of concentrates individuals can purchase at a time from 5 grams to 10 grams. 

The proposal comes as Maine cannabis sales reached $21 million in July, which represents a new sales record in the state, according to state data outlined by the Press Herald. The state has also seen about 2 million cannabis transactions this year, nearly doubling the number of transactions in all of 2021.  

Officials will discuss the proposed rules changes this week and regulators are taking public comments until September 17. If approved, the new rules would take effect in January. 

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Adult-Use Cannabis Sales in Maine Set Another Record in July

8/09/2023

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Adult-use cannabis sales in Maine set another new record in July, totaling $20.9 million, according to Maine Office of Cannabis Policy data. The previous record of $18.4 million was achieved in June, which surpassed the then-record $17.4 million total realized in May. 

In all, Maine dispensaries completed 360,886 transactions in July; about 40,000 more transactions than the previous month. 

Flower comprised the bulk of sales at Maine dispensaries last month with just over $12.2 million in sales. Infused products were the second most popular category with $3.5 million in sales, while concentrates represented $5.1 million in sales. 

The average price per gram in July was $7.79. Which was up slightly from June’s average price of $7.69. 

So far this year, Maine dispensaries have completed 2,033,596 transactions, totaling $118.3 million, according to OCP data. 

John Hudak, director of Maine’s Office of Cannabis Policy, told Maine Public Radio that customers are getting “comfortable with the businesses across Maine, in terms of how they’re conducting themselves and the products that they’re putting on their shelves.” 

“People see the products that are on the shelves in Maine as ones that meet their needs,” he said. 

There are currently 222 licensed cannabis retailers, 148 cultivators, 115 manufacturers, and four testing labs currently operating in the state. 

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NECANN & Medical Marijuana Caregivers of Maine to Partner for 2023 Maine Cannabis Convention

7/24/2023

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The largest cannabis industry event in Maine is coming August 12-13 at the Augusta Civic Center. Presented by NECANN in partnership with the Medical Marijuana Caregivers of Maine, the event is designed specifically to help educate, promote, and develop state-wide cannabis resources and networking opportunities with 150+ exhibitors and 40+ expert speakers. Cannabis business professionals, investors, patients, entrepreneurs, growers, advocates, and consumers are invited to attend this locally focused, business-to-business convention.

NECANN Maine features two programming tracts, business/innovation and medical/recreational, and offers a full schedule of speakers both Saturday and Sunday with topics like finding a job in the cannabis industry, navigating local & state licensing requirements and using new technology in the cultivation sector, among others.

Every facet of the cannabis industry is represented at NECANN Maine including legalization, banking, payment processing, packaging, patient education, displays and fixtures, cultivation, manufacturing, hemp, hydroponics, legal resources, accessories, POS and management software, private equity and investment resources, among many other timely topics.

NECANN has developed a national reputation for bringing local, regional, and national players together with investors, entrepreneurs, career seekers, canna-businesses, canna advisors, medical marijuana patients, caregivers, advocates and others in the cannabis community. This collaborative approach has resulted in consistently high return-of-investments for exhibitors, sponsors, participants and the local cannabis market by facilitating growth for all who attend.

WHEN: Sat August 12th, 10am-3pm | Sunday August 13th, 10am-3pm
WHERE: Augusta Civic Center, 76 Community Drive, Augusta, ME 04330
COST: $20 for a one-day pass | $30 for a two-day pass

Includes all programming sessions and access to the exhibitor floor, must be 21+ years old unless accompanied by a guardian.

Event details: https://necann.com/maine/

Buy tickets here: bit.ly/Maine23tix

About MMCM
In 2010, Medical Marijuana Caregivers of Maine was one of the first volunteer trade associations organized in the United States and dedicated itself to the support and promotion of safe access to medical marijuana. MMCM continues to advocate for patient rights and access to safe, quality, cannabis medicines and the caregivers who provide for them. MMCM also developed a training program for those who wish to participate in Maines’ cannabis programs to help them stay in compliance and to promote safe practices. Education, Advocacy and Legislation is their motto.

 

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Adult-Use Cannabis Sales in Maine Reach New Record in June

7/13/2023

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Adult-use cannabis sales in Maine reached a new record in June, topping $18.4 million, according to Maine Office of Cannabis Policy (OCP) data outlined by the Bangor Daily News. The previous high was $17.4 million, realized the previous month. 

In all, dispensaries in the state sold about 5,270 pounds of cannabis in June. Cannabis was legalized in Maine by voters in 2016 but retail sales didn’t commence in the state until July 2022. 

According to OCP data, there were 322,169 transactions at adult-use dispensaries in June, with an average flower price-per-gram of $7.69. 

So far this year, adult-use sales have totaled $97,408,138 in 1,671,054 transactions. If sales remain on this pace, 2023 adult-use sales in Maine will surpass last year’s total of $158.9 million.   

Flower represented the bulk of sales in June, totaling about $11 million. Concentrates were the second most popular product category, with sales reaching nearly $4.5 million, followed by infused products at nearly $3 million, with plant sales comprising the remainder.  

So far this calendar year, Maine’s average price per gram of flower is $7.90. 

The state has licensed 218 retail stores, 150 cultivators, 116 manufacturers, and five testing laboratories.  

However, a recent survey by the OCP suggests that the retail market has upended the state’s system of medical cannabis caregivers. That survey found that more than 1,350 caregivers left the program from the end of 2021 to the end of January 2023.    

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Report: Maine Has Lost More Than 1,350 Medical Cannabis Caregivers Since 2021

4/28/2023

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According to a survey by Maine’s Office of Cannabis Policy (OCP), more than 1,350 medical cannabis caregivers left the program from the end of 2021 to the end of January 2023.  

The survey found a variety of factors led to the exodus, including business costs, banking registrations and fees, municipal and OCP regulations, oversupply, competition from the adult-use and unregulated markets, lack of testing and tracking, no wholesale relationships, no connection to patients, switching to adult-use operations, and becoming a dispensary employee. 

The majority of respondents (68 respondents) cited oversupply and low prices, and utility costs (57 respondents) as their impetus for leaving the caregiver program.   

“The overproduction in the [Medical Marijuana Caregiver Program] has come as a result of legislative refusal to update the MMCP’s statutes in five years, even as the industry has transformed significantly. For example, with no inventory tracking system implemented for the medical program, it is impossible for OCP to ensure that program participants are sourcing their product from the regulated market and not diverting product to the illicit market.” — OCP, “Caregiver Exodus: Market Conditions and the Impact on Maine’s Medical Use of Cannabis Program” 

In the survey, the OCP notes that the “findings depart dramatically from the rumors and speculation about what has happened within” the state’s medical cannabis program. The OCP said that the narrative that it was responsible for caregivers leaving the program was “unsubstantiated” as just 16 survey respondents said they left the program because of OCP regulations.    

In all, the agency received responses from 117 former medical cannabis caregivers, just 8.7% of the 1,339 it contacted to take part in the survey. 

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Cannabis Sales in Maine Nearly Doubled from 2021 to 2022

1/10/2023

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Adult-use cannabis sales in Maine last year nearly doubled those from 2021, the first full year of sales, the Portland Press Herald reports. In 2022, adult-use sales topped $158.9 million, according to Maine Office of Cannabis Policy (OCP) data outlined by the Press Herald. In 2021, the total was $82 million. In all, Maine retailers reported nearly 2.5 million transactions last year. 

The state saw about $16 million in tax revenue derived from adult-use sales last year. The state has licensed 114 retailers, 56 manufacturing facilities, 87 cultivation sites, and three testing laboratories. There are another 97 stores, 48 manufacturing facilities, 75 cultivation sites, and two labs in various stages of the approval process, the report says.  

John Hudak, director of the OCP, told the Press Herald that the growth “reflects the significant economic impact that legal cannabis continues to have in the communities that have opted into the system.”  

“The system is creating jobs, helping revitalize communities, and having a positive economic impact on businesses that help the industry function.” — Hudak to the Press Herald 

As the state’s industry matures, prices have started to fall – the average price of flower fell from $16.68 per gram at market launch to $8.18 per gram as of December.  

Maine’s adult-use rollout was one of the slowest since states began enacting the reforms, taking nearly four years to commence after voters approved a ballot initiative in 2016.  

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Maine Bars Medical Cannabis Caregivers from Giving Patients Liquid Concentrates, Pre-rolls

11/08/2022

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The Maine Office of Cannabis Policy (OCP) last month released guidance that effectively bans medical cannabis caregivers without a storefront from selling pre-rolls and liquid concentrates, the Associated Press reports. The new rules treat the products like tobacco, requiring all purchases to be made by individuals 21 and older. Previously, those products could be provided by individuals 18 and older with valid medical cannabis cards. 

Sen. Craig Hickman (D), co-chair of the Legislature’s Veterans and Legal Affairs Committee, called the move by the OCP “executive branch overreach and bad faith.” 

“Let medical cannabis caregivers go into the winter without more fear and anxiety that they are going to lose their shirts or be fined and imprisoned for conduct explicitly authorized under current statute.” — Hickman, in a letter to OCP, via the AP 

Sharon Huntley, a spokesperson for the Maine Department of Administrative and Financial Services, told the AP that the guidance is not actually a policy change, rather it outlines “the current state law for registrants and licensees” and is meant to eliminate confusion. 

The guidance doesn’t have an impact on adult-use cannabis retailers, which requires customers to be 21 to purchase any cannabis products, but has led to confusion for the state’s medical cannabis caregivers.   

Arleigh Kraus, who grows medical cannabis and produces pre-roll products, called the guidance “confusing,” “scary,” and “nonsensical.” She said state law requires lawmakers to be consulted on rule changes and that small business owners are worried about being penalized for running afoul of the rules.  

Hickman said lawmakers should have a say and that the rules are contrary to the will of voters.

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Maine Court Strikes Down Residency Requirement for Medical Cannabis Businesses

8/22/2022

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A Maine court has struck down a state law that required the state’s medical cannabis dispensaries to be owned by Maine residents, Maine Public Radio reports. The First Circuit Court of Appeals decision upholds a lower court ruling that found the residency requirement violates the U.S. Constitution by restricting interstate commerce. 

Under Maine’s Medical Marijuana Act, a dispensary cannot be licensed to sell medical cannabis unless all the officers or directors are residents of Maine. That provision was challenged two years ago by Wellness Connection, the state’s largest cannabis company, and its parent company which argued it violated the constitution’s “dormant commerce clause,” which prohibits states from passing laws that discriminate against or excessively burden interstate commerce.

When the lawsuit was first filed, Wellness Connection board member Ron MacDonald told the Bangor Daily News that the residency requirement hampered the company’s ability to raise money.

Writing for the majority, Chief Judge David Barron said that the “market is so robust that absent the Medical Marijuana Act’s residency requirement, it would be likely to attract entrants far and wide,” the report says.

The court did note, however, that although the medical cannabis market is an interstate market – by allowing nonresidents to make medical cannabis purchases – it is a market that contradicts the federal Controlled Substances Act, according to a Law Street Media report. The First Circuit was not convinced that it is impossible to be an interstate market for a good that is contraband under federal law and affirmed the permanent injunction against the Maine Medical Marijuana Act’s residency requirement.

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Maine Offering Towns $20k to Allow Adult-Use Cannabis Businesses

8/12/2022

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Maine’s Office of Cannabis Policy is offering municipalities that allow adult-use cannabis sales up to $20,000 to help regulation costs, Spectrum News reports. Cities and towns can use the funds to cover the costs of attorneys, drafting ordinances, staff time, and other expenses, and officials hope it could incentivize those that do not allow industry operations within their borders to reconsider.

Currently, just 7% of Maine cities and towns have opted in to allow adult-use cannabis sales, the report says.

In a press release, Erik Gundersen, state cannabis office director, said that “the reality is, no matter if a town has opted in or not, there is cannabis being bought, sold and consumed there.” 

“The most important thing we can do is try and ensure that Mainers who choose to use cannabis can do so in a well-regulated environment that safeguards public health and safety in the best way possible.” — Gundersen, in a statement, via Spectrum News 

Kate Dufour, director of Advocacy and Communications for the Maine Municipal Association, said that the $20,000 in reimbursement funds is a “cold comfort” and that municipalities “wanted more” – potentially in the form of enhanced revenue sharing.

“I think communities have made up their minds,” she told Spectrum News. “They are either in or out.” 

In July, adult-use cannabis sales in Maine totaled $16.3 million with 247,401 transactions. So far this year, sales have reached $81 million with more than 1.2 million transactions, according to state data outlined by Spectrum News. 

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Majority of Mainers Obtaining Cannabis Legally

6/16/2022

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The majority of Mainers are obtaining cannabis from legal sources according to a state Office of Cannabis Policy (OCP) survey which found that 64% of past-month cannabis consumers have made purchases at licensed retailers, with 36% using unregulated sources.

The survey also found that 6% of respondents who consume cannabis on a monthly basis exclusively use state-approved retailers compared to just 1% that will only use unregulated sources.

The agency also found the state has an oversupply of medical cannabis a year after adult-use sales commenced in the state, where there is about $1 in demand for every $6 of supply; comparatively, there is $1 in demand for every $2 of supply of adult-use cannabis.

The oversupply in Maine’s medical cannabis market is despite the fact that 54% of cannabis consumers who purchase from home-based caregivers don’t have a medical cannabis card and that 33% of consumers who make purchases at medical dispensaries or caregivers with adult-use options also don’t have a medical card.

Among past month’s cannabis users surveyed, 28% said they had “no idea” the typical THC potency of the products they were buying, with 9% of respondents saying their products contained more than 50% THC, 4% said between 35-50%, 11% believing the products contained between 25-35% THC, 20% between 10-15%, 8% between 10-15%, and 4% said their products had less than 10% THC.

Flower was by far the preferred product type among past-month consumers surveyed, with 82% making a flower purchase, followed by edibles (58%), concentrates (41%), drinks (22%), topicals and creams, balms, or sprays (21%), tinctures (17%), lozenges (7%), and other (11%).

OCP Director Erik Gundersen told Mainebiz that the report’s findings “point to policies and practices that promote and preserve public health and safety while allowing legal businesses to compete.”

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Four Cannabis-Related Bills Took Effect In Maine This Week

4/29/2022

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Three cannabis-related bills in Maine took effect on Tuesday without the signature of Gov. Janet Mills (D). The bills cover cannabis home delivery and curbside pickup, the expansion of legal protections for caregivers and other medical cannabis access reforms, and the repealing of prohibitions on hiring cannabis industry applicants with certain prior cannabis convictions.

Mills signed into law a fourth measure providing the opportunity for municipalities to receive financial reimbursements for costs associated with licensing and regulating cannabis businesses.

NORML State Policies Manager Jax James said in a statement that the bills are “common-sense changes” that “will further facilitate patients’ and others’ access to medical cannabis products and will provide opportunities for greater inclusivity within Maine’s licensed marijuana industry.”

The legislation permits reimbursement of up to $20,000 for expenses like legal fees and other costs associated with drafting or amending ordinances, conducting town meetings, or holding elections, according to a Financial Regulation News report. Funding would come from the Adult Use Marijuana Public Health and Safety and Municipal Opt-in Fund, which receives its funding from sales and excise taxes imposed on adult-use cannabis sales.

The bill allowing home delivery and curbside pickup includes language allowing the delivery of immature plants and seedlings. All deliveries must be conducted by licensed retailers and all customers must be 21-and-older.

The measure addressing state caregivers provides many new protections, including limiting the circumstances under which a law enforcement officer may access a location in which a caregiver, dispensary, manufacturing facility, or cannabis testing facility operates. The bill also limits disclosure to a law enforcement officer of information that could reasonably identify an individual patient’s identity without a warrant requiring the disclosure.

The bill also prohibits regulators from requiring a registered caregiver, registered dispensary, testing facility, or manufacturing facility to use a particular electronic system for tracking inventory.

The legislation also authorizes the use of telehealth for medical providers to meet with patients seeking a medical cannabis recommendation and allows for educational materials to be given to patients electronically.

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Maine’s Beal University Launches Cannabis Degree Programs

4/06/2022

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Maine’s Beal University has formally launched its cannabis-focused online associates and bachelor’s degree programs, which are expected to enroll their first class of students this May. The programs include an associate degree in Cannabis Business Administration and Cannabis Laboratory Science, and a bachelor’s degree in Medicinal Plant Sciences.

Sheryl DeWalt, Beal University President, said that the college’s “mission focuses on providing educational programs aligned to the employer needs,” and the programs are aimed at meeting the demands of the growing industry.

“The cannabis industry has been rapidly expanding these past few years, this created tremendous employment opportunities and demand for workers trained in the cannabis field.” – DeWalt in a statement

The university collaborated with local cannabis cultivators, manufacturers, retail stores, and testing laboratories to fully understand their needs, and the degree programs were created to provide students the opportunity to learn the skills to become employed in various cannabis fields.

DeWalt said the programs are being offered entirely online because the mode “enables the programs to be available for students to enroll from anywhere.”

“Our courses utilize engaging content through digital simulation and interactive experiences,” she said. “This gives our students the ability to learn and retain the subject matter more easily.”

The program received support from certified Nurse Practioner AnnMarie Fredericks, and Registered Nurse Merideth Albert, of Vetted Cannabis, a Sanford, Maine-based medical cannabis dispensary, who said they “endorse and promote Beal’s programs to provide educational enrichment for the emerging medical cannabis industry.”

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Maine Legislative Committee Advances Three Medical Cannabis Bills

3/24/2022

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The Maine Legislature’s Veterans and Legal Affairs Committee has advanced bills to ensure patients have access to telehealth services, allow caregivers to sell plants to patients, and asks for a legislative review of any patient privacy changes made by the Office of Marijuana Policy (OMP), according to a WABI report. Paul McCarrier, a member of the Cannabis Council of Maine, told WABI that the OMP was “working with the community and listening to us.”

He said the agency wants to collaborate “to keep the prices for patients fair and low and to make sure that patients can continue to access that therapeutic cannabis.”

This is the second iteration of the rules authored by the OMP after the first draft was scrapped due to industry outcry. The OMP has created a 17-member workgroup to help streamline licensing and compliance and to align the system more with state law, the site wrote in their report.

McCarrier said he appreciates the work the legislature has done to recognize medical cannabis and said the OPM will create a digital medical cannabis card similar to other digital forms of identification like insurance cards or other medical cards.

Maine is currently blocking the out-of-state ownership of medical cannabis businesses after a federal judge ruled the state had to begin granting cannabis licenses to out-of-state owners. Maine officials agreed to permit out-of-state owners for adult-use licenses, but have continued to block the cohort from their medical cannabis system.

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Maine Appeals Ruling to Allow Out-of-State Cannabis Business Ownership

12/29/2021

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The state of Maine and the Maine Cannabis Coalition (MCC), a top cannabis trade group, are appealing a judge’s ruling that opens the door for out-of-state ownership in Maine’s medical cannabis market, the Portland Press Herald reports. Seen as having nationwide significance — there are a number of U.S. cannabis markets that only allow in-city or in-state ownership — the case began with a lawsuit challenging Maine’s residency requirement for cannabis licenses.

The state agreed to drop the residency law for their adult-use system last year but have continued to fight the change within their medical cannabis market, the report says.

The plaintiffs, the Wellness Connection which is owned by three Mainers, and their parent company, High Street Capital Partners of Delaware, filed the lawsuit last year against Commissioner of the Maine Department of Administrative and Financial Services Kirsten Figueroa on the grounds the in-state ownership requirement violates the interstate commerce clause of the U.S. Constitution by restricting the flow of investment and interfering with their ability to function. Maine argued that due to federal prohibition, there is no medical cannabis interstate commerce market, therefore, the so-called “dormant commerce clause” does not apply in this case.

The appeal will be heard by the First U.S. Circuit Court of Appeals, although oral arguments have not yet been scheduled, the report says.

U.S. District Judge Nancy Torresen sided with the plaintiffs in August but said Maine’s argument was “not without logic.” However, the judge noted that the state does not prohibit non-Mainers from purchasing medical cannabis or taking it home with them.

“The notion that the medical marijuana industry in Maine is wholly intrastate does not square with reality,” Torresen wrote.

“I recognize that none of the courts that have confronted this specific constitutional issue have rendered final judgments, and it also seems that no circuit court has addressed it,” the judge wrote in August. “But given the Supreme Court’s and First Circuit’s unmistakable antagonism towards state laws that explicitly discriminate against nonresident economic actors, I conclude that the Dispensary Residency Requirement violates the dormant Commerce Clause.”

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90% of Maine Towns Prohibit Adult-Use Cannabis Sales

9/22/2021

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A new report by Maine Public Radio reveals that 90% of Maine towns do not allow adult-use cannabis operations within their borders.

Although cannabis receipts have steadily increased since adult-use sales began in the state last October, only 47 of Maine’s 500 towns and cities permit any adult-use cannabis activity. These communities comprise just 29% of the state’s population, MPR reports.

Curiously, some communities, like Etna, have banned retail stores but permit cultivation operations. Bradford, Corinna, Corinth, Dixmont, Glenburn, and Millinocket have all passed ordinances outlawing retail stores. Dover-Foxcroft passed a ban in 2017 but has a non-binding question on the November ballot asking citizens if adult-use cannabis is right for the largest city in Maine’s most conservative county, Piscataquis, according to the report.

“The measure on the ballot is to see if people want the activity at all,” said Selectboard Member Stephen Grammont. “The weird thing about Maine is that it’s conservative but also libertarian.” He told MPR that the referendum is not binding but if it passes but the city will be “obligated” to follow the outcome.

Other Maine towns like Stacyville, which has a population of just 380, have embraced adult-use cannabis for its economic impact, Stacyville Selectboard member Alvin Theriault said in the report.

“We don’t have any industry here. We don’t have anything. So why not?” — Theriault, via MPR

The industry’s slow rollout could be due to a fear of change, or because cities and towns do not see much in it for themselves. After all, cannabis tax revenues go to the state, according to Joel Pepin, President of the Maine Cannabis Industry Association.

“It takes time for stigma to change, and it takes time for operators to jump in and participate in the market,” Pepin said in the report. “But I mean, the market’s been launched now for a year and it seems to have already made a tremendous amount of progress.”

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Maine Cannabis Sales Hit $10M+ for the First Time

9/08/2021

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Cannabis sales in Maine set yet another record in August, topping $10 million in one month for the first time, according to a WMTW report citing Office of Marijuana Policy (OMP) figures. The previous record of $9.43 million was set in July.

According to the OMP statistics, there were about 134,000 cannabis transactions at cannabis retailers, which totaled $10,220,445 and generated $1,022,175 in tax revenues for the state.

From June to August, Maine cannabis sales topped $26.1 million; sales in June were $6.5 million.

At the end of August, there were 53 active retail store licenses with 185 others in the application process, the report says.

The state has set successive monthly sales records since the launch of adult-use sales in October 2020—almost four years after the reforms were approved by voters. The rollout of the market was delayed first by staunch opposition by former Republican Gov. Paul LePage and then by the coronavirus pandemic.

When adult-use cannabis sales were launched, there were just six active licenses in the state. The first month included 21,194 transactions for a total of about $1.4 million in revenue.

No municipality in Maine has completely opted out of the adult-use market, with some allowing only retail sales, cultivation, manufacturing, testing, or a combination.

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Federal Judge Strikes Down Maine’s Residency Requirement for Medical Cannabis Companies

8/13/2021

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A federal judge on Wednesday said that Maine cannot prohibit out-of-state companies from operating medical cannabis dispensaries in the state, the Portland Press Herald reports. The ruling by U.S. District Court Judge Nancy Torresen favored the state’s largest cannabis company, Wellness Connection of Maine, and its Delaware-based parent company High Street Capital Partners, who had filed the suit challenging rules that required medical cannabis companies to be owned by Mainers.

Last May, the state reached a legal agreement with Wellness Connection which prevented the Office of Marijuana Policy (OMP) from enforcing the four-year residency requirement for companies to own adult-use cannabusinesses in the state. Taken together with Torresen’s ruling, out-of-state firms can now open either medical or adult-use dispensaries in Maine.

The in-state licensing preference was included in both the state’s medical cannabis and adult-use laws. The company had argued that the rules violated the U.S. Constitution’s Dormant Commerce Clause which prohibits states from passing laws that discriminate against or burdens interstate commerce by favoring its residents over out-of-staters.

Officials had argued that because cannabis is federally illegal, the laws do not “burden interstate commerce more severely than Congress, since Congress has eliminated that market entirely.” Torrensen said that the argument was “not without logic” but since Maine does not bar qualified non-residents from purchasing medical cannabis, or non-residents who purchase cannabis in Maine to take out of state, “the notion that the medical industry in Maine is wholly intrastate does not square with reality.”

Susan Meehan, president of the United Cannabis Coalition which supports the residency clause, said the group is considering appealing the ruling which she told the Press Herald has “a strong likelihood of success.”

The OMP on Thursday announced it was opening applications for new medical cannabis licenses, the first time in 11 years that registration has been publicly available.

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Cannabis Sales in Maine Set a New Record in July 

8/11/2021

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Cannabis sales in Maine set yet another record last month and more than doubled the growth pace, MaineBiz reports. Adult-use cannabis sales in July reached $9.43 million on 124,000 purchases—a 45% increase from June’s previous $6.47 million record.

The sales equate to $943,480 in taxes for state coffers. So far this year, more than $38.6 million of adult-use cannabis has been sold in the state which has led to $3.8 million in tax revenues.

Maine Office of Marijuana Policy (OMP) Spokesman David Heidrich told Mainebiz that “the Independence Day holiday and summer tourism have all contributed to the robust sales growth witnessed in July.”

“These numbers demonstrate that, as access improves, more consumers are choosing the tested, tracked, and well-regulated market over a longstanding illicit market.” — Heidrich to MaineBiz

This is the first year of adult-use cannabis sales in the state, despite voters approving the reforms in 2016. The launch of the market was delayed first by governor vetoes of the implementation bill and then the coronavirus pandemic.

Maine’s first month of sales in October 2020 was about $1.4 million with only six active licensees, according to OMP data outlined by MaineBiz. June’s record sales of $5.36 million were up about 21% from May, while May sales were up 23% from the previous month, the report says.

Currently, there are 43 licensed facilities actively cultivating cannabis and another 183 facilities in-process. There are 23 active manufacturing licenses, with 76 in-process.

Editor’s note: A previous headline for this article incorrectly stated that Maine cannabis sales had doubled to set the July record but it was cannabis sales growth in the state, not the sales themselves, that doubled.

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June Cannabis Sales Surpass Previous Monthly Sales Record in Maine

7/26/2021

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Adult-use cannabis sales in Maine set a new record in June reaching $6,470,936, besting the previous record of $5.3 million set in May, according to Office of Marijuana Policy (OMP) figures outlined by WMTW. Since sales commenced in the state last October, OMP has reported more than $29 million in adult-use purchases.

Flower sales account for more than half of the $6.4 million of the record-setting sales, comprising $3,830,664, according to OMP data. Concentrates accounted for $1,453,364 of adult-use sales last month, with infused product sales—including edibles, drinks, and topicals—reaching $1,186,935. It is the first time the infused product category has surpassed $1 million in a month of sales.

The state has set successive monthly sales records since the launch of adult-use sales in October 2020—almost four years after the reforms were approved by voters. No municipality in Maine has completely opted out of the adult-use market, with some allowing only retail sales, cultivation, manufacturing, testing, or a combination.

From January through November last year, medical cannabis sales in Maine surpassed $221.8 million making it the state’s most lucrative crop; outpacing potatoes, milk, hay, and wild blueberries.

Maine has taken in about $2.9 million in sales taxes from adult-use sales since they commenced. There are currently 42 active licenses for dispensaries.

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maine-cannabis-sales

Maine Recreational Cannabis Sales Surpass $5 Million in May

6/10/2021

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Adult-use cannabis sales in Maine reached nearly $5.4 million last month, setting another record, the Portland Press-Herald reports. The state will receive about $536,000 in tax revenues from May’s 71,843 recreational sales.

The state has set successive monthly sales records since the launch of adult-use sales in October 2020—almost four years after the reforms were approved by voters. May sales outpaced April sales by more than $1 million.

In all, adult-use sales have totaled about $22.7 million, earning the state more than $2.2 million in tax revenues, according to state Office of Marijuana Policy (OMP) data.

Flower sales in the state far outpace concentrates and infused products, reaching nearly $3.2 million in May and almost $14.3 million since October. Concentrates comprised about $1.2 million in May sales—nearing $4.9 million since the market’s launch—while infused product sales in May didn’t reach the $1 million mark, totaling $963,798, and about $3.6 million since October, according to the OMP.

The average customer spends about $74 per transaction—which has remained steady as the price of flower decreases— from $16.68 per gram in October to $13.22 per gram last month.

No municipality in Maine has completely opted out of the adult-use market, with some allowing only retail sales, cultivation, manufacturing, testing, or a combination.

From January through November last year, medical cannabis sales in Maine surpassed $221.8 million making it the state’s most lucrative crop; outpacing potatoes, milk, hay, and wild blueberries.

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Bill to Legalize Psilocybin Therapy Introduced in Maine

4/30/2021

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A bill filed in Maine would legalize psilocybin mushroom therapy without a medical diagnosis, and allow adults 21-and-older to legally buy the psychedelic and use it under the supervision of a certified psilocybin service practitioner, according to the Dales Report.

The measure would include a 15% tax on retail sales of psilocybin products and allow manufacturing in a vertically-integrated model. The measure directs the state Department of Health and Human Services to establish guidelines for psilocybin treatment, such as personal possession restrictions, product testing, and standards for psilocybin care providers.

The bill says that those recommendations should be designed “to otherwise make this Act as consistent as possible in substance to the laws governing psilocybin in Oregon,” the report says. During the November 2020 election, Oregon voters approved a measure to legalize psilocybin therapy and Washington, D.C. voters moved to decriminalize all psychedelic plants, representing a watershed moment for psychedelic drug reforms.

In February, New Jersey Gov. Phil Murphy signed legislation to reduce the penalties for the possession of psilocybin mushrooms from a third-degree crime to a disorderly person offense. Lawmakers in Missouri and California are also considering bills to add psychedelics to the state’s Right to Try law, and decriminalize the substances, respectively.

The Maine measure was referred to the state legislature’s Joint Health and Human Services Committee.

A separate bill already filed in the state would decriminalize all currently illegal drugs, subjecting offenders to a $100 civil fine rather than jail time, according to the Dales Report. The fine could be waived if a person were to undergo a health assessment.

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