An Act To Amend the Laws Authorizing the Medical Use of Marijuana
Maine Legislature, Session 122, LD 1538
Committee: Health and Human Services
Sponsors: GAGNON, THOMPSON
Amends: 19-A MRSA §1651, 22 MRSA §2383-B

Legislative Document 
No. 1538 
S.P.533 
In Senate, April 4, 2005 
An Act To Amend the Laws Authorizing the Medical Use of 
Marijuana 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator GAGNON of Kennebec. (BY REQUEST) 
Cosponsored by Representative THOMPSON of China. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19-A MRSA §1651, as enacted by PL 1995, c. 694, Pt. 
B, §2 and affected by Pt. E, §2, is further amended by adding at 
the end a new paragraph to read: 
The fact that a parent was or is authorized to possess a 
usable 
amount 
of 
mar~Juana for 
medical 
use 
under Title 
22, 
section 2383 B or a similar law in another jurisdiction may not 
affect any decision by a court or the Department of Health and 
Human Services in matters relating to the care and custody of a 
child. 
Sec. 1. 22 MRSA §2383-B, sub-§3, 1rE, as amended by PL 2001, c. 
580, §2, is further amended to read: 
E. 
"Usable amount of marijuana for medical use" means 
~-l,l~ 
~ ounces or less of harvested marijuana and a total of -~­
no more than 12 immature plantsT-9f-w~~~~~~~~-~-~ay 
Be ~ 
mature, flowering plants or that amount indicated by 
a physician in excess of these limits pursuant to subsection 
5, paragraph I. 
Sec. 2. 22 MRSA §2383-B, sub-§5, 1r1rI and J are enacted to read: 
I. 
A physician may indicate an amount in excess of the 
limits set out in subsection 3, paragraph E on the medical 
record or other documentation under paragraph A to meet the 
medical needs of the person or to accommodate the various 
means of administering marijuana for medical use, including 
but 
not 
limited to 
inhalation, 
tincture, 
ingestion 
and 
poultice. 
J. 
The department shall issue an identification card upon 
such proof and documentation as the commissioner by routine 
technical rule under Title 5, chapter 375, subchapter 2-A 
may require to an eligible patient or a designated caregiver 
indicating: 
(1) 
The 
name, 
address 
and telephone number 
of the 
eligible patient: 
(2) 
The 
name, 
address 
and telephone number of the 
designated caregiver: 
(3) 
The 
name, 
adgress and telephone number of the 
physician of the eligible patient: 
Page l-LR1013(1) 
(4) 
The expiration date of the identification card. 
which is one year from its date of issuance: and 
(5 ) 
Other 
information 
considered 
relevant 
by 
the 
commissioner. 
To enable state and local law enforcement officers to have 
immediate 
access to information necessary to verify the 
validity of an identification card issued by the department. 
the 
department 
shall establish 
and 
maintain 
a 
hour. 
toll-free 
telephone 
number 
or 
cost-effective 
Internet 
web-based site. 
SUMMARY 
This bill amends the law authorizing the medical use of 
marijuana in the following ways. 
1. 
medical 
greater 
patient 
It increases the amounts considered a useable amount for 
use. 
It also authorizes 
a 
physician to indicate 
a 
amount if necessary to meet the medical needs of the 
or to accommodate 
the various means of administering 
marijuana. 
2. 
It requires the Department of Health and Human Services 
to issue identification cards to an eligible patient or that 
person I s 
designated 
caregiver 
so 
that 
a 
person I s 
lawful 
possession may be easily and expeditiously verified. 
3. 
This bill also clearly articulates that the fact that 
a 
parent was or is a user of marijuana under the medical exemption 
may not be used against that parent in any matter relating to the 
care and custody of a child.