Maine: Market and regulatory data analysis of the cannabis sector

28th July 2023: US - Maine: LD 1063 (SP 432) has been signed by governor Janet Mills and enacted into law. The bill introduces changes to the tax code related to business expenses for cannabis businesses in Maine, adding manufacturing facilities, cannabis establishments and testing facilities to the list of cannabis businesses licensed by the state that are eligible to take deductions under the state income tax laws. However, these deductions remain disallowed under the federal tax code, specifically under Section 280E, which pertains to businesses dealing with controlled substances. Effective from 1st January 2023, these businesses will be able to claim deductions on their state income tax returns for business expenses related to carrying on a trade or business as a registered caregiver, a registered dispensary or a manufacturing facility.
19th August 2022: US - Maine: A federal appeals court has held that Maine's requirement that directors of medical cannabis dispensaries be Maine residents violates the US constitution. The First Circuit Court of Appeals specifically found a violation of the Dormant Commerce Clause, which prohibits excessive burdens on interstate commerce. The ruling could have many implications for state cannabis programmes, including making similar residency requirements in other states ripe for legal challenge.
10th May 2022: US - Maine: Legislative Document (LD) 1942 was passed by the Senate, and its amendments were reconciled by the House. The bill originally would have changed the state's hemp definition to allow a total THC concentration in hemp of 1%. However, amendments made right before passage would leave out the THC increase and would call on the Department of Agriculture, Conservation and Forestry to adopt rules to align with federal law on hemp.
2nd May 2022: US - Maine: Two bills that amend Maine's cannabis laws were enacted without the governor's signature. Legislative Document (LD) 1928 allows for medical cannabis patients to receive a written certification for medical cannabis using telehealth services if certain conditions are met and restricts law enforcement's access to licensees' facilities and to patient data, among other things. LD 1827 allows for curb-side pickup and home delivery of recreational cannabis if certain conditions are met.
19th April 2022: US - Maine: Both chambers of the legislature have concurred and passed Legislative Document (LD) 1827, which now heads to the governor for approval. The amended version of the bill would allow for kerbside pick-up and delivery of recreational cannabis, on certain conditions, to any residential location in the state that is not deemed a “safe zone” by the municipality.
19th April 2022: US - Maine: The Senate has passed Legislative Document (LD) 1928, and the bill now heads to the governor for approval. It would allow medical cannabis patients to receive written certification from their medical providers via telehealth services and would limit law enforcement’s access to patient information.
12th April 2022: US - Maine: Legislative Document (LD) 1827 was passed by the House and now heads to the Senate. The bill would allow for delivery of recreational cannabis by retailers to any location in the state if certain conditions are met.

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