Maine lawmakers have adjourned for the session without making a decision on a bill that would open the door for cities and towns throughout the state to permit cannabis “consumption lounges” where people could smoke or ingest cannabis in a public setting.

If approved, municipalities that want to allow for these lounges to open would need to adopt ordinances specifically permitting their operation, as is the case with other marijuana-related businesses.

Sponsored by Poland Republican Rep. David Boyer, LD 1356 defines a a “cannabis consumption lounge” 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.”

Outlined in Rep. Boyer’s sponsor 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 might 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.

Additionally, LD 1365 seeks to create 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 an early-May 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.

Shortly after this public hearing, members of the Veterans and Legal Affairs Committee requested to carry LD 1365 over to the next legislative session, indicating that they did not intend to consider it further at this time.

The House and Senate adjourned sine die Wednesday evening, officially carrying this bill into the next special or regular session of the 132nd Legislature.

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