Cannabis took center stage in Augusta Thursday afternoon before the Legislature’s Veterans and Legal Affairs Committee, which heard public testimony on eight bills aiming to amend the state’s marijuana regulations.
While many of the bills looked to address the illicit grows that have cropped up throughout the state in recent years, Rep. David Boyer (R-Poland) brought forward a bill focusing on cannabis consumption.
LD 1365 would allow for adult use cannabis to be smoked or otherwise consumed in certain locally licensed “consumption lounges.”
For the purposes of this bill, a “cannabis consumption lounge” is defined as a “designated area within a facility licensed under this chapter as a cannabis store that has been issued an endorsement under section 1201 to offer adult use cannabis or edible adult use cannabis products for on-premises consumption to individuals who are 21 years of age or older pursuant to the requirements in subchapter 12.”
A sponsor’s amendment introduced by Boyer seeks to take a “thoughtful approach to regulating social use,” incorporating recommendations from Maine’s Cannabis Hospitality Task Force.
Based on the updated language included in Boyer’s amendment, it appears that consumption lounges would only be permitted in municipalities where ordinances allowing for their operation have been established, as is the case with other marijuana-related businesses.
Outlined in the proposed amendment are a number of restrictions on where in an establishment cannabis may be consumed, as well as on who may be in the designated smoking area and what activities may be conducted there.
The bill would also establish a cannabis server education course that would need to be completed by anyone involved in retail sales and management of cannabis lounges.
Further, the bill creates a Cannabis Liability Act modeled on the Liquor Liability Act, which creates a legal liability for over-serving someone if that person then goes on to cause damages as a result of their inebriation.
During Thursday’s public hearing, Alex McMahan of the Maine Cannabis Industry Association (MCIA) called this an “excellent, well-thought out piece of legislation,” arguing that there “needs to be somewhere for people to go who want to partake legally.”
“Having a legal place to consume cannabis will reduce public consumption in a way that is beneficial for all parties,” he said.
Similarly, Catherine Lewis of the Medical Marijuana Caregivers of Maine Trade Association (MMCM) testified that this policy is a “no-brainer” that “should have been part of the original law.”
Several others offered testimony in opposition to this proposal, including Matt Wellington of the Maine Public Health Association and Lauren Stewart of the Maine Department of Public Safety (DPS), citing concerns over the potential negative consequences associated with allowing such establishments to exist.
For example, Wellington took issue with the impacts of second hand smoke and “unintentional impaired driving.”
He went on to explain that studies have shown the only way to prevent negative health effects from second hand smoke is to ban indoor smoking, as other air quality mitigation strategies are not entirely effective.
Wellington also outlined how the lack of a minimum allowable level of cannabis consumption may lead to a greater risk of individuals driving impaired.
Similar concerns were echoed by Stewart, as she highlighted in her testimony that blood testing revealed the presence of cannabis in 27 percent of those who died in fatal car crashes and in 29 percent of surviving drivers in fatal or near fatal crashes.
“Cannabis consumption lounges are as dangerous to us as bars are,” she said, going on to note that this is “not meant to villainize cannabis users at all,” only to point out the potential risks of opening the door for such establishments to exist.
Testifying neither for nor against the bill, Nate Cloutier of Hospitality Maine urged that the Committee pursue a phased rollout, allowing for “room to learn, adjust, and build in accountability.”
Cloutier also emphasized that “traditional restaurants are not a suitable venue” for these consumption lounges, asking Committee members to ensure that these spaces do not end up overlapping as a result of this law.
Liability concerns due to the non-immediate effects that cannabis consumption can have on a person were further raised by Cloutier, noting that it may be difficult for employees to be able to clearly tell if they are over-serving in light of this delayed reaction.
Members of the Veterans and Legal Affairs Committee will continue to mull and meditate over this bill in the coming weeks, as they are expected to take it up again at a work session in the near future.
