Chapter 5 - Rules for the Certification of Marijuana Testing Facilities
SUMMARY STATEMENT
This rule is promulgated by the Maine Department of Administrative and Financial Services (DAFS) after consultation with the Department of Health and Human Services (DHHS), Center for Disease Control and Prevention (CDC), and the Department of Agriculture, Conservation and Forestry to establish the certification process for testing facilities analyzing marijuana and marijuana products. This rule is intended to protect public health by establishing standards for testing marijuana and providing assurance that results of testing for contaminants do not exceed the maximum level standards where testing is required.
General
This rule is promulgated to establish the requirements for certification by the Maine Center for Disease Control and Prevention of marijuana testing facilities licensed under Maine's Adult Use Marijuana Program administered by the Office of Marijuana Policy, Department of Administrative and Financial Services, in order to mitigate potential threat to public health and safety by establishing minimum standards and procedures for the operation of marijuana testing facilities to provide information to consumers of adult use marijuana and marijuana for medical use.
The activities described in this rule may be considered a violation of federal law. Persons cultivating, manufacturing, testing, selling, purchasing or otherwise receiving adult use marijuana or marijuana for medical use, or marijuana products derived from the same, may be subject to federal sanctions for what may otherwise be considered authorized conduct in the State of Maine, and compliance with this rule does not exempt licensees, their employees or customers from possible federal prosecution. Neither the Department of Administrative and Financial Services nor the Department of Health and Human Services is responsible for the actions of licensed and/or certified marijuana testing facilities under this rule.
September 4, 2019 - filing 2019-161 ADOPTION:
December 16, 2019 - filing 2019-224
June 26, 2020 - filing 2020-144 (EMERGENCY)
9/18/2020 - filing 2020-205
9/8/2022- filing 2022- 166
STATUTORY AUTHORITY:
28-B MRS ch. 1; PL 2021 ch. 558, 612, 669