The state is now taking license applications and issuing active licenses.
Licensing and Fees
There are four licenses:
(1) cultivation facility license;
(2) products manufacturing facility license;
(3) marijuana store license; and
(4) testing facility license.
A Cultivation Facility License lets you grow marijuana for the adult use market and sell wholesale to licensed stores and licensed manufacturers. It doesn't let you sell to consumers, though a cultivation license holder can also hold a retail store license and a manufacturing license.
A Products Manufacturing Facility License lets you make marijuana products, such as edibles, extractions, distillates, tinctures, balms, and lotions.
With this license, you can sell your products to retail stores and other manufacturing facilities, but not to consumers.
You cannot grow with this license. However, you can get both a cultivation facility and a manufacturing facility license if you want to grow and make products. You must apply for each license separately.
If you want to make edibles, you must have a commercial kitchen license.
The application fee for a manufacturing facility license is $250 (nonrefundable). The annual fee
A Marijuana Store License lets you sell marijuana and marijuana products to anyone who is
21 or older.
It also lets you buy from cultivation facilities and manufacturing facilities.
This license does not let you grow marijuana or prepare marijuana products. However, you can get a cultivation license and/or a manufacturing license along with a store license. You must apply for each license separately.
Besides marijuana and marijuana products, a store can sell immature marijuana plants and seedlings (but not mature plants) and non-marijuana products, such as sodas, candies, baked goods, clothing, and souvenirs.
The application fee for a marijuana store license is $250 (nonrefundable). The annual fee is $2,500.
A Testing Facility License lets you develop, research, and test marijuana and marijuana products. If you have a testing facility license, you cannot have any other adult-use marijuana license.
The application fee for a testing facility license is $250 (nonrefundable). The annual fee is $1,000.
The law outlines several requirements for getting any adult-use marijuana license.
Any person and any officer, director, and manager of a business must be 21 or older. Even though state law includes a four-year residency requirement for license holders, the Office of Marijuana Policy is no longer enforcing the requirement.
The state will do a criminal history check on every person applying for a license and every person connected to a business license. This will include employees, contractors, owners, managers, officers, and support staff. Criminal convictions for certain felony drug offenses and crimes involving dishonesty, deception, misappropriation, or fraud (such as embezzlement and theft) will cause disqualification. However, the licensing agency will look at rehabilitation, character references, educational success, and the length of time since the conviction for non-drug offenses.
The state will want to see IRS and Maine income tax returns for the four years before the license application. Unpaid tax liens levied within five years of the application date will cause the applicant to be disqualified.
Any business applying for a license must be incorporated or formed under Maine law.
The following will not be allowed licenses either individually or as part of a business: employees of the agencies that oversee adult-use marijuana, law enforcement or corrections officers, and those who have had medical or recreational licenses revoked in Maine or in any other state.
Municipalities -- cities, towns, unincorporated townships -- will have a lot of control over marijuana businesses. They will be required to actively opt in to allowing recreational marijuana businesses, meaning that they must have an ordinance in place that explicitly allows adult
Before the state grants an active license, the municipality must give its approval.
Municipalities must require and approve site plans for all marijuana businesses. They can also put in place reasonable land use regulations and ordinances.
This is only a brief overview of the law. If you have more questions, you can schedule a consultation here: