A bill allowing for locally licensed marijuana “consumption lounges” is set to be discussed during an upcoming work session in Augusta.
Carried over from the previous legislative session, Rep. David Boyer’s (R-Poland) LD 1365 was the subject of a public hearing in May of last year.
A sponsor’s amendment introduced at the time by Rep. Boyer sought to take a “thoughtful approach to regulating social use,” incorporating recommendations from Maine’s Cannabis Hospitality Task Force.
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.”
In other words, these lounges would essentially be designated areas within facilities authorized to sell cannabis or edible cannabis products where consumption is permitted for those 21 and older.
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Under the updated language included in Boyer’s amendment, 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.
At the time, Alex McMahan of the Maine Cannabis Industry Association (MCIA) called LD 1365 an “excellent, well-thought out piece of legislation,” arguing that there “needs to be somewhere for people to go who want to partake legally.”
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.”
Wellington also outlined how the lack of a minimum allowable level of cannabis consumption may lead to a greater risk of individuals driving impaired.
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.
Roughly eight months after this public hearing was conducted, the Veterans and Legal Affairs Committee will once again be taking up this proposed legislation, discussing it during a work session scheduled for Monday, January 12 at 11am alongside two other cannabis-related proposals.
