In accordance with § 802-A of the Cannabis Legalization Act (CLA), Title 28-B, ch. 1, the Office of Cannabis Policy (OCP) may impose penalties on a licensee for license violations. Those penalties may include monetary penalties, license suspension, and/or license revocation. License violations are further broken down into three categories:
- Minor license violations
- Major license violations
- Major license violations affecting public safety
Of note, P.L. 2023, ch. 679 became effective August 9, 2024. That law reduced the maximum fine allowable per license violation from $100,000 to $20,000 and reduced the upper fine amount for each type of violation. It also redefined, and limited, what constitutes a “major license violation affecting public safety”, a “major license violation”, and a “minor license violation”, and it repealed several sections of the CLA cited in the decisions and settlement agreements issued before August 9, 2024. Examples of each license violation are included in 28-B M.R.S. § 802-A and the rules governing the Adult Use Cannabis Program.
Terminology
When issuing a license violation, OCP must provide notice and the opportunity for a hearing. A final order by the Department of Administrative and Financial Services imposing a monetary penalty, suspending, or revoking the license is a final agency action, and the licensee may appeal that decision to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure. The licensee may have an opportunity to engage with OCP to reach a mutual agreement, known as a Settlement Agreement.
The following key may also be helpful while reviewing license violations:
- ACA – Tier 1 cultivation facility license (canopy)
- ACB – Tier 2 cultivation facility license
- ACC – Tier 3 cultivation facility license
- ACD – Tier 4 cultivation facility license
- ACN – Nursery cultivation facility license
- ACP – Tier 1 cultivation facility license (plant count)
- AMF – Products manufacturing facilities
- MFT – Testing facility
- AMS – Cannabis store
Violation Data
The following table summarizes violation data for the Adult Use Cannabis Program from inception of the program through October 2024. This information will be updated at the beginning of each quarter.
- Date – The date of the final agency action
- Licensee – Either the natural person or business entity holding the license to operate a cannabis establishment
- Licensee DBA – Doing Business As, or the assumed name, pursuant to the Maine Department of the Secretary of State, Bureau of Corporations, Elections and Commission
- License Number – OCP’s unique identifier for each license type
- Violation Type – Minor license violation, major license violation, or major license violation affecting public safety
- Settled Fine Amount – The settled fine amount agreed upon by OCP and the licensee
- Final Action Documentation (Redacted) – The final agency action, whether a Notice of Administrative Action or Settlement Agreement
Date | Licensee | Licensee DBA | License Number | Violation Type | Settled Fine Amount | Final Action Documentation (Redacted) |
---|---|---|---|---|---|---|
7/20/2021 | Seaweed Co. | AMS135 | Minor License Violation | $5,000.00 | Amended to Settlement Agreement Executed March 19, 2021 between DAFS, SeaWeed, Co. and SeaSmoke Extracts, Inc. | |
7/20/2021 | Seasmoke Extracts, Inc. | AMF108 | Minor License Violation | — | Amended to Settlement Agreement Executed March 19, 2021 between DAFS, SeaWeed, Co. and SeaSmoke Extracts, Inc. | |
6/13/2022 | Green Cures, LLC | AMS279 | Major License Violation | $4,500.00 | Settlement Agreement | |
2/15/2023 | Trich Town, LLC | ACD200 | Minor License Violation | N/A | Notice of Administrative Action, Trich Town, LLC, ACD#200 | |
4/14/2023 | NPG, LLC | Wellness Connection | AMF330 | Minor License Violation | $15,000.00 | Settlement Agreement |
4/14/2023 | NPG, LLC | Wellness Connection | AMF333 | Minor License Violation | $15,000.00 | Settlement Agreement |
4/14/2023 | NPG, LLC | Wellness Connection | ACC334 | Minor License Violation | $15,000.00 | Settlement Agreement |
4/14/2023 | NPG, LLC | Wellness Connection | AMS335 | Minor License Violation | $15,000.00 | Settlement Agreement |
4/14/2023 | NPG Portland, LLC | Wellness Connection | AMS338 | Minor License Violation | $15,000.00 | Settlement Agreement |
4/14/2023 | NPG, LLC | Wellness Connection | AMS339 | Minor License Violation | $15,000.00 | Settlement Agreement |
4/14/2023 | NPG, LLC | Wellness Connection of Maine | AMS1130 | Minor License Violation | $15,000.00 | Settlement Agreement |
9/12/2023 | Mystique Operations LLC | ACC115 | Minor License Violation | N/A | Notice of Administrative Action, Mystique Operations | |
9/12/2023 | Mystique Operations LLC | AMF121 | Minor License Violation | N/A | Notice of Administrative Action, Mystique Operations | |
10/23/2023 | Mountain Hi LLC | Elevation 207 | AMS1126 | Major License Violation | N/A | Notice of Administrative Action, Elevation 207 |
11/1/2023 | Vertikal Cultivation LLC | ACN1202 | Major License Violation | $105,000.00 | Settlement Agreement | |
11/22/2023 | The Hashery | AMF462 | Minor License Violation | $12,500.00 | Settlement Agreement | |
11/22/2023 | The Hashery | AMF1309 | Minor License Violation | $10,000.00 | Settlement Agreement | |
2/16/2024 | 20 Union St Auburn Maine CH AU LLC | Cannabis Haven Auburn 20 Union St AU | AMS1302 | Minor License Violation | $7,500.00 | Notice of Administrative Action, Cannabis Haven Auburn 20 Union, AMS 1302 |
2/29/2024 | Core Empowerment ME LLC | Seed | AMS231 | Minor License Violation | $500.00 | Settlement Agreement |
3/11/2024 | MEDGro LLC | The Healing Community MEDCo | AMS1244 | Minor License Violation | $4,000.00 | Settlement Agreement |
3/11/2024 | The Healing Community Labco, LLC | The Healing Community MEDCo | AMF821 | Minor License Violation | $9,000.00 | Settlement Agreement |
4/29/2024 | Dirigo Naturals, LLC | Foliage ME | AMS386 | Minor License Violation | $3,000.00 | Settlement Agreement |
4/29/2024 | East Coast Gold, Inc | Cheech & Chong | AMS1370 | Major License Violation | $2,500.00 | Settlement Agreement |
4/29/2024 | East Coast Gold, Inc | Cheech & Chong | AMF185 | Major License Violation | $10,000.00 | Settlement Agreement |
5/21/2024 | Falling Leaf Farm, LLC | ACD641 | Minor License Violation | N/A | Settlement Agreement | |
5/31/2024 | Maine Cannabis Exchange LLC | Maine Cannabis Exchange LLC | AMS235 | Minor License Violation | $2,500.00 | Settlement Agreement |
6/11/2024 | Norco Outdoor Cannabis LLC | Yani | ACD114 | Minor License Violation | $2,000.00 | Settlement Agreement |
Note: Any redacted information is redacted pursuant to the Maine Freedom of Access Act, 1 M.R.S. § 400 et seq. Additionally, for any enforcement action that was not appealed, the date of the final action is the date of the notice plus 30 days to allow for the appeal period.
Important Information
The above data may differ from data contained in OCP’s annual reports. Historically, OCP included statistics on license violations that were not yet final actions in its annual reports – noting them as “pending.” As a result, some license violations noted in an annual report may not have settled or come to a final agency action within that calendar year.
Some license violations may note the same original fine amount and a settled fine amount. Other provisions and/or restrictions may have changed between OCP’s Notice of Final Agency Action and the agreed upon terms in the Settlement Agreement.
Finally, starting in the Spring of 2022, this Office began the process of rebranding to the Office of Cannabis Policy (OCP). The name change was necessitated, in part, by the passage of P.L. 2021, ch. 669 which replaced the term “marijuana” with “cannabis” in most portions of state law. As a result, notices and decisions issued before that change use the terms “marijuana” and “Office of Marijuana Policy” instead of “cannabis” and “Office of Cannabis Policy”.
This information is being made available to provide ready access for the convenience of interested persons. While OCP believes the information to be reliable, human or mechanical error remains a possibility, as does delay in the posting or updating of information. Therefore, OCP is not responsible for the use or results obtained from the use of this information, or any errors or omissions contained therein.