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Maine Has No Medical Cannabis Testing Requirement. Health Advocates Urge Change.

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Maine Has No Medical Cannabis Testing Requirement. Health Advocates Urge Change.


Keri-Jon Wilson started as a hobbyist, making medical marijuana edibles on a small scale for patients suffering from chronic pain and cancer. But in 2015 she expanded her business, Portland-based Pot + Pan Manufacturing, and began to standardize her products.

“Eventually you’ve got to kind of grow up and decide if you want to grow the business, and add those additional steps and processes and best practice that comes with growth,” she said.

Despite no requirement in Maine to test medical cannabis for content or potency, Wilson has tested all of her batches since 2021.

The medical cannabis program in Maine is governed by separate regulations from the adult use, or recreational, program: While the adult use program requires testing for contaminants and potency, and includes potency limits, the medical use program requires neither.

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Public health advocates and state officials want to see testing requirements aligned across both programs, but efforts to mandate testing have been met with strong pushback from the industry.

State Report

Last fall, the state’s Office of Cannabis Policy released a report pushing for required testing in the medical cannabis program, but lawmakers instead pursued broad legislation intended to reduce stigma around the cannabis industry that largely loosened restrictions in both the adult use and medical programs.

The resulting legislation, which takes effect this month, aims to make regulations around cannabis closer to those around alcohol by eliminating ID checks at the door, allowing minors to go into stores with a parent or guardian and allowing samples.

Wilson says it’s worth the additional cost to ensure the safety and quality of her product, as well as to check her processes and ensure consistency.

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One time, lab results showed that an edible had five times the amount of THC it was supposed to have, 50 mg instead of 10. What could have been a large discrepancy in dose was caught before it left the building and never made it to the shelves, she said.

While she’s grateful there are strong lobbying groups on behalf of the medical cannabis industry, and she noted that many operations are transparent and safe, Wilson said it is alarming that there is such limited oversight for a medical product.

When she tells counterparts in other states that there are no testing requirements in Maine, “their jaws drop.”

“The reality is in the absence of those checks and balances, you really are just taking people’s words (for it) and that’s where it gets a little muddy,” she said.

Consumer Laws

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Matt Wellington, associate director of the Maine Public Health Association, said he thinks the way to reduce stigma around cannabis use is to impose consumer protection regulations that ensure Mainers know they have accurate information about the products.

“Lawmakers have to see that the way forward for cannabis in Maine is to make sure that folks can have confidence in the products that they’re using, that the products are deemed safe, (and to) strengthen the oversight of the medical program, and make sure that we have common sense protections like testing and potency limits,” Wellington said.

Catherine Lewis, who’s on the board of the Medical Marijuana Caregivers of Maine — a nonprofit advocacy group that represents medical cannabis patients, growers and manufacturers — pushed back on the idea that caregivers are refusing to be regulated. The term “caregiver” in this context refers to those who can cultivate, manufacture and sell medical cannabis to qualifying patients, other caregivers and dispensaries.

Lewis, herself a caregiver, said she would support mandatory testing but only under certain conditions. She has concerns about the consistency and accuracy of lab testing, and worries the expense of testing could push small-batch caregivers out of business.

Lewis wants the state to set more explicit testing standards for private labs to ensure their processes are the same, and she doesn’t think the medical program should be subject to as rigorous testing as the adult use program due to the smaller size of their operations.

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“The state has refused to meet us in the middle with the testing requirements so we’ve had to fight to kill it completely,” she said. “If we allow them to put the laws in place the way they have for adult use, the medical industry and smaller producers would crumble, and patients would lose access to their medicine.”

Regulatory Debate

The medical cannabis program in Maine evolved before the adult use program and has separate regulations. When the medical use program was started in 1999, there were fewer businesses and they were small operations.

After Maine voters approved recreational marijuana use in 2016, there was an extensive public process to establish regulations and protections, which were adopted in 2019.

The state requires that recreational marijuana products be tested in their final form before they are sold to check for mold, toxins and other harmful chemicals. The products are also checked for THC potency and homogeneity; the potency limit for edible cannabis is 10 mg per serving.

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The field of medical cannabis has no testing requirements nor potency limits.

Linda Frazier, who was involved in the regulatory process for the adult use program in 2019 as a public health consultant, said the intention was to establish a regulatory framework for the recreational program, then to update the medical use program to align with the new framework.

But the medical cannabis industry pushed back, Frazier said, voicing concern about changing the regulations too much and too fast, and worried about the financial impact on businesses.

“Right now the loudest people in the room the committee is listening to and the legislature hears from are medical providers,” Frazier said. “They’ve become very organized and their message has been very clear that to implement more restrictive marketing and testing … has a fiscal impact on them that they feel is unnecessary and unfair. They’ve been very successful with that messaging.”

Lewis, with the caregiver group, said it would not make sense to require the same level of testing for the medical cannabis program as the adult use program because the medical caregivers often are home-based programs and make small batches, so extensive testing requirements would significantly cut into their profit margin.

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Instead, she said manufacturers should be required to test the oil before making a product, then spot-check final products and ensure the dose calculations were correct. She suggested that any product that has not been tested could be labeled “not tested.”

Testing Requirements

John Hudak, director of the Office of Cannabis Policy, said one of the first things he noticed when taking over in 2022 was the medical program lacked a testing requirement, despite hearing from patients assuming there was one.

“We kept hearing from the medical cannabis industry to essentially just trust them that everything was clean. We decided to test that question and provide as much information as we could to medical patients,” Hudak said.

Last fall his office tested 120 samples from medical cannabis sellers across the state and found 42 percent had at least one contaminant that would have prohibited them from being sold on the recreational market, including pesticides, heavy metals, yeast and mold. The most common pesticide detected, myclobutanil, “releases cyanide gas upon combustion and causes a range of mild to severe effects when inhaled,” according to the report.

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Lewis, with the medical cannabis industry group, said she had concerns about the sample size of the report and wondered what precipitated the test when she had heard few stories about patients getting sick from the products.

Hudak said he has not conducted a similar study on the potency of medical cannabis, but his agency has tested products on a case-by-case basis when consumers raised concerns. In a recent example, he said an edible that was supposed to be 10 mg tested at 120 mg.

Overconsumption is rarely fatal, but can include nausea, vomiting, intense fatigue and even hospitalization, Hudak said.

Other States

Testing is required for medical programs in most other states, he said, calling it the national standard. A 2022 study from Safe Access, a medical cannabis patient advocacy organization, found that of the 35 states with medical cannabis programs, Maine was one of the two without required testing. The other was Louisiana.

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Hudak said he believes the opposition in Maine is a small but vocal minority that has been able to stave off previous attempts at regulations.

Rather than piecemeal changes to the medical program, Hudak said a massive overhaul is needed. The program is “wildly outdated,” he said, and a testing requirement would be a good place to start.

In response to concerns about the cost of testing, Hudak said the price of recreational marijuana has decreased despite the rollout of mandatory testing requirements. An OCP dashboard shows the average price per gram of bud/flower decreased from $15.83 to $7.30 between 2020 and 2024.

“If producing uncontaminated cannabis — that is demonstrated to be uncontaminated — is too expensive, you probably shouldn’t be producing medicine for patients,” he said.

“Absolutely,” Lewis said in response when The Monitor shared his comment. “But who is to say it’s contaminated?”

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She said she’s sent portions of the same sample to different labs; it passed one lab and failed another. Without set standards from the state, she worries about the consistency of the lab results.

Hudak’s office studied this question by examining nearly 8,000 potency test results for cannabis flower at three certified labs over a two-year period and found “the variation in potency is explained by the cultivator and not the cannabis testing facility.”

Safety Monitoring

Barry Chaffin, co-founder of Nova Analytic Labs in Portland, said he has many medical caregiver clients who voluntarily test their products to monitor safety and quality. In the last year, Chaffin said he has tested about 80 recreational and 190 medical accounts.

In the recreational industry, a producer must select a sample from each batch and get it tested before selling it, Chaffin said. If the batch fails, it sometimes can be remediated. For example, if cannabis flower failed for microbials, there might be a way to kill the microbes. Other contaminants, like heavy metals, can’t be remediated and the client would have to destroy any batch where they are found, Chaffin said.

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There’s no potency limit for recreational cannabis flower, so if it tests at a higher potency than expected, the product would simply be labeled at the higher dose. There is a potency limit for edibles, so if those exceeded the limit, they would need to be remade or destroyed, he said.

Chaffin said there should be a regulatory framework for testing in the medical cannabis program, but like others noted that the pushback from industry groups has been strong.

“There are a lot of politics at play when it comes to any kind of regulatory framework on the medical program,” he said. “There’s some very strong feelings on having it regulated and there’s very strong feelings against having it regulated.”

Lewis said the medical and adult use industries worked well together during the past legislative session, but they don’t want to see the programs merged because they serve different populations.

“They are overregulating adult use and under-regulating medical,” she said. “It would be nice to see it meet somewhere in the middle.”

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This story was originally published by The Maine Monitor and distributed through a partnership with The Associated Press.

Copyright 2024 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Maine

In a word: Reflecting on Maine’s E.B. White

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In a word: Reflecting on Maine’s E.B. White


“Trust me, Wilbur. People are very gullible. They’ll believe anything they see in print.” – E.B. White, “Charlotte’s Web”

Even though he wasn’t born here, E.B. White lived for nearly 50 years on a farm in Brooklin, Maine, and did almost all of his best work here. That said, I thought I’d take a brief look at the life of one of Maine’s favorite writers.

Elwyn Brooks White was born in Mount Vernon, N.Y., in 1899. After graduating from Cornell University in 1921, he roamed across America taking jobs as a reporter and freelance writer.

In 1927 White landed a job at The New Yorker, the magazine with which he’d spend his entire career, working first as a writer and contributing editor, and later as a monthly columnist right up to his death. In the witty pieces he produced, he mused about everything from life in the city to literature and politics.

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After more than a decade in New York he came to the realization that “I was stuck with the editorial ‘we,’ a weasel word suggestive of corporate profundity or institutional consensus. I wanted to write as straight as possible, with no fuzziness.” (Later in the book “The Elements of Style,” he opined, “Even to a writer who is being intentionally obscure or wild of tongue we can say ‘Be obscure clearly! Be wild of tongue in a way we can understand!’”)

So, in 1938, he moved to a saltwater farm in Brooklin, where he lived until his passing in 1985. As he was about to leave the big city, Harper’s magazine offered him the princely sum of $300 a month (over $6,000 in today’s dollars) if he’d send them monthly essays about rural life.

Fifty-five of those essays would be collected in White’s 1942 book “One Man’s Meat.” Forty years later he’d write in his introduction to the book’s revised edition, “Once in everyone’s life there is apt to be a period when he is fully awake, instead of half asleep. I think of those five years (1938–1942) in Maine as the time when this happened to me. . . . I was suddenly seeing, feeling, and listening as a child sees, feels, and listens. It was one of those rare interludes that can never be repeated, a time of enchantment.”

Still, White said he found writing difficult and bad for one’s disposition, saying, “Writing is hard work and bad for the health.” But he kept at it. He began writing “Stuart Little” as a story for a 6-year-old niece of his, but before he’d finished it in 1945 she had grown up. “I am still encouraged to go on,” he said. “I wouldn’t know where else to go.”

“If the world were merely seductive,” he concluded, “that would be easy. If it were merely challenging, that would be no problem. But I arise in the morning torn between a desire to improve (or save) the world and a desire to enjoy (or savor) the world. This makes it hard to plan the day.”

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“Stuart Little” was followed in 1952 by “Charlotte’s Web,” the poignant children’s classic about the friendship between Charlotte the spider and Wilbur the pig. After those books came “The Trumpet of the Swan” in 1970, the same year he received the Laura Ingalls Wilder Medal for “Stuart Little” and “Charlotte’s Web.”

In his New Yorker column of July 27, 1957, White praised a 43-page handbook on good writing written by his former professor, William Strunk Jr., as “a summation of the case for cleanliness, accuracy, and brevity in the use of English.” Two years later Macmillan and Co. published White’s revision of Strunk’s 1935 edition of “The Elements of Style.” White’s expanded version (my 1979 third edition comes in at 85 pages not counting the index) went on to sell more than 2 million copies.

“Vigorous writing is concise,” he wrote in his revisions. “A sentence should contain no unnecessary words, a paragraph no unnecessary sentences, for the same reason that a drawing should have no unnecessary lines and a machine no unnecessary parts.”

And if you’re a writer, remember that “Writing is an act of faith, not a trick of grammar.”

I’ll leave you with two of what I think are the best pieces of E.B. White’s advice: “The best writing is rewriting,” and “Use the smallest word that does the job.”

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Jim Witherell of Lewiston is a writer and lover of words whose work includes “L.L. Bean: The Man and His Company” and “Ed Muskie: Made in Maine.” He can be reached at jlwitherell19@gmail.com.



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Oct 19 Mini Maine Makers Market in Damariscotta

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A makers market featuring Maine artisans who specialize in upcycled goods, slow fashion and/or found art will take place on Saturday, Oct. 19, from 3 to 6 p.m. at the American Legion in Damariscotta. 

Drawing inspiration from the newly formed Congressional Slow Fashion Caucus, co-founded by Congresswoman Chellie Pingree (D-Maine), the market aims to raise awareness about fast fashion’s impact on the climate crisis. The caucus promotes reducing, repairing, rewearing, and recycling as sustainable alternatives and supports the return of USA-based textile and apparel production.

The market will be co-located with the “Rally for Democracy” sponsored by the Lincoln County Democratic Committee. The rally is a Get Out the Vote (GOTV) party with live music, food and drinks for purchase, activities for all ages, and opportunities to meet Democratic candidates and gather voter information. Pingree will attend the rally and make remarks.

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Four makers will be selling jewelry, art, children’s clothing, one-of-a-kind fashions and accessories at the mini market.

Based on Deer Isle, Maureen Farr’s Mozelle Fine Jewelry has evolved from found object jewelry to creating pieces of silver, colorful enamels on copper and repurposed steel. Attendees may pre-order at https://www.mozellefinejewelry.com/shop-mozelle for pickup at the event by selecting that option at checkout.

From her studio in Bath, Kharris B creates assemblage art. “Old photos, recipe cards and letters, discarded old books, camera lenses beyond repair, retired clocks and tools… there are treasures everywhere if you are looking for them…” explains her website, https://www.kharrisb.com/. Contact her to request that specific pieces be brought to the market for in-person viewing. 

Kate and Nick Bergmann of Peace House Studio in Bath create children’s clothing made in the USA from durable, soft organic cotton. When items are worn or outgrown, they can be returned to the Patches Project for store credit. The Bergmanns state,“We believe that clothes belong on people, not in landfills.” Learn more at https://www.peacehousestudio.com/.

Callie Rhodin creates one-of-a-kind upcycled, hand painted and well-loved fashion, accessories and art under her selkie silhouettes brand based in Portland. Rhodin’s “art comes from a part of you that is entirely magic” as described on her website, https://selkiesilhouettes.shop.

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For more information, visit https://lincolncountydemocrats.com/rally.



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Maine men’s hockey captain is the program’s lone holdover from a bygone era

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Maine men’s hockey captain is the program’s lone holdover from a bygone era


ORONO — It began with a quiet conversation with his coach on the bench at Boston College’s Conte Forum before a pregame skate.

Lynden Breen, a freshman just trying to find his way with the University of Maine men’s hockey team, hung on every word from coach Red Gendron. Before you leave Maine, Gendron told Breen, you’ll win a national championship.

“I hold that every day. That’s something I play for every day,” said Breen, now 23 and a fifth-year senior center with the Black Bears.

Breen is the lone holdover from that shortened 2020-21 season, Gendron’s final season before his unexpected death that spring. Breen is the bridge from a bygone era to current head coach Ben Barr, now in his fourth season.

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The 2024-25 season opens Saturday night when Maine hosts American International in what will surely be a raucous and sold-out Alfond Arena. Breen and defenseman David Breazeale were selected team captains for a second straight season. An all-Hockey East selection in 2023, Breen enters the season as the Hockey East active leader in points (102), goals (42), assists (60), faceoff wins (1,157), and shots on goal (362), and is second in shorthanded goals (4).

The Black Bears, who are coming off their first NCAA tournament appearance in a dozen years, have reemerged as a national power. And leading the team is an admittedly shy player from Grand Bay-Westfield, New Brunswick, a small town about the size of Hallowell on the west bank of the Saint John River.

Maine players and coaches say Breen has grown into his role as a leader.

“David (Breazeale), it comes a little more natural to. Breener, he’s just a hockey player that has turned himself into more than that,” Barr said. “What he means to our program and the community, it primarily happened with his play on the ice, and now he’s really grown. Anytime a new coach comes in … it’s never easy on the returners. That first year, you need to have really good people that understand we’re here for the right reasons. (Breen) has always been that way.”

Breen acknowledged being shy when he arrived at Maine in the middle of a pandemic, when social distancing was the norm. Coming out of that shell has not been easy. He is not big into delivering speeches, instead relying on his play to set the tone.

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“Effort and attitude is something we harp on a lot, and that’s something I try to live by every day, not just on Friday and Saturday nights (during games),” Breen said. “It doesn’t all come natural, but the way we do things around here is effort and attitude-based. That’s our identity, and I always try to do that to the best of my ability.”

Breen’s teammates notice. Sophomore forward Josh Nadeau is the team’s leading returning scorer – he had 18 goals and 27 assists in 37 games. Nadeau skated on the wing of Breen’s line for much of last season, and he studied his captain closely.

A young Lynden Breen sits atop a hockey net in his New Brunswick home. Photo courtesy of the Breen family

“Last year when I came in as a freshman, I looked up to him a lot. I tried to copy his game. He’s a skilled player, and he knows how to play both ways,” Nadeau said. “He’s a great player. He has a high IQ. It’s easy to be creative on the ice with him and making good plays.”

HIS BIGGEST FANS

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If Breen doesn’t see himself as a natural leader, those who have known him the longest see it differently. His two older sisters, Jill and Hannah Breen, insist their brother has long had leadership qualities, it just took him time to grow into them. It didn’t begin with that brief interaction with Gendron nearly four years ago. That moment was reinforcement, not the origin.

“It was really apparent at a young age Lynden had leadership skills,” said Jill Breen, his older sister by nine years. “He was always the kid making sure everyone else on the team felt seen. He was coaching younger kids at hockey camps.”

Jill and Hannah teased their brother about family vacations that coincided with hockey tournaments. There was a 10-day trip to Edmonton for a tournament that also included a family visit to the West Edmonton Mall, the largest in Canada. The family pool was converted into a skating rink in the winter, Hannah, now 27, said.

Breen’s life revolved around hockey. That constant banging in the garage of their home in Grand Bay-Westfield? That was just Lynden firing pucks at the old washing machine he used for target practice. He hung cans and bottles from the net he kept in the garage, using them as targets, too. He wanted to shoot as well as NHL star Sidney Crosby, Hannah said. Day after day, Breen dressed for school by pulling on a hockey jersey, his mother, Carole, demanding he change into something more “normal.”

Jill and Hannah say their brother is quiet but competitive. Away from the ice, his hobbies are athletic, things that can help him stay in shape and improve his game, which in turn improves the Black Bears. Playing golf, basketball or pickleball with friends back home he hasn’t seen nearly enough since leaving for prep school at age 15. Meditation and yoga to clear his mind. Zack Bryan or classic R&B are the soundtrack to Breen’s life. A highlight of his summer was Luke Combs’ concert in Bangor.

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The sisters would love to share stories of Lynden being an annoying little brother, but they can’t. They don’t have any.

“We always teased him, but he was a good kid,” Hannah said. “He was patient, caring and he listened.”

University of Maine men’s hockey senior captain Lynden Breen watches a drill during an Oct. 1 practice. Gregory Rec/Staff Photographer

Breen appreciates the sacrifices his sisters made to support him as the family traveled around the continent for hockey tournaments. On his official team bio, Breen lists his hobbies as golf (he represented New Brunswick in junior tournaments as a teenager) and spending time with his sisters. He also enjoys being an uncle to Jill’s young son. Hannah is also expecting a child soon.

“My sister and I, we’re not big sports fans,” Jill said. “Whether or not we’re hockey fans, we’re Lynden fans.”

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MOVING OUT AND UP

When he was 15, Lynden moved out of the house and enrolled at the New Hampton School in New Hampshire, where he played hockey for one year before moving on to the Central Illinois Flying Aces of the USHL, the junior league that produces a large number of players on collegiate hockey rosters. The Flying Aces folded after Breen’s one season, in 2018-19. The Fargo Force had the first choice in the dispersal draft to reassign the Flying Aces’ players. Breen was the obvious choice, said former Fargo coach Pierre-Paul Lamoureux.

“All the information, the scouting report, talking to coaches, Lynden’s work ethic, his character, and desire to win, it was all there,” he said. “His play backed that up. We knew what we were getting.”

Jill Breen thinks leaving home at a young age accelerated her brother’s maturation process and refined his leadership qualities. In 2017, Breen made one of the most difficult decisions of his life, turning down a chance to play for the hometown St. John Sea Dogs of the Quebec Maritimes Junior Hockey League. Breen was selected in the fifth round. At the draft, Breen pulled on a Sea Dogs jersey and posed for pictures. He had already committed to Maine and knew signing with St. John would eliminate the chance to play NCAA hockey. Players at the major junior level are ineligible for the NCAA because the leagues include players who have signed NHL contracts.

“You’re so young and there’s so many hard decisions. I was already committed here before I got drafted. It was a 50/50 chance that I would’ve went there. A lot of thought went into that, and a lot of stress. For a 16-year old to make that decision, it’s never easy,” Breen said. “There’s no regrets in this decision.”

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University of Maine men’s hockey senior captain Lynden Breen skates with the puck during an Oct. 1 practice in Orono. Gregory Rec/Staff Photographer

Breen was among Maine’s top three scorers in each of his first four seasons. He will be a key player on the Black Bears’ attack this season. Last season, Breen had a career-high 347 faceoff wins. As a junior in the 2022-23 season, Breen led the nation with four shorthanded goals. At 5-foot-9 and 180 pounds, Breen’s style of play isn’t dependent on overpowering opponents, although he does not shy away from physical contact.

“He’s so fast and so direct. He drives defensemen back with his speed,” said Lamoureux, now a scout for the NHL’s Calgary Flames. “There’s no cheat to his game. He’s a good two-way player.”

CHASING THE PREDICTION

Gendron’s recruiting pitch made it easier to turn down the hometown team and choose the USHL college route instead of major junior hockey. Breen said he and his parents, Kevin and Carole Breen, felt a connection to Gendron right away. That Orono is just a three-hour drive from home was a plus.

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“Coach Red, he was so family-oriented. He just made you feel welcome right away. He made you understand there is more to it than just hockey. He led me in the right direction, especially as a freshman,” Breen said. “We only played around 15 games, but he gave me a lot of ownership. That’s a big part of why I gained some leadership qualities.”

When this season is over, Breen hopes to sign a pro contract and continue his hockey career. First, there’s a final college season to play and continue helping the Black Bears improve. Then there’s Gendron’s prediction. Breen would love to make it come true.

“This is the last kick at it for me, and I want to go out one way and one way only,” Breen said. “That’s a big reason why I came back, to have one more year of development and one more year of leadership. I don’t think there’s a better place to get better and stronger in college hockey than with Coach Barr.”



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