An Act To Provide Patients with Their Medication
Maine Legislature, Session 123, LD 1418
Committee: Health and Human Services
Sponsors: STRIMLlNG, SA VIELLO, BRANNIGAN, DAMON, GROSE, JACKSON, MILLER, WALCOTT, WEBSTER
Amends: 22 MRSA §2383-B, 22 MRSA §2390

Legislative Document 
No. 1418 
S.P.496 
March 15, 2007 
An Act To Provide Patients with Their Medication 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator STRIMLlNG of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative SA VIELLO of Wilton and Senators: BRANNIGAN of 
Cumberland, DAMON of Hancock, Representatives: GROSE of Woolwich, JACKSON of 
Allagash, MILLER of Somerville, WALCOTT of Lewiston, WEBSTER of Freeport. 
PriEtcd on recyded pape1 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §2383-B, sub-§3, ~-1, as enacted by IS 1999, c. 1, §8, is 
repealed. 
Sec. 2. 22 MRSA §2383-B, sub-§3, ~-2 is enacted to read: 
B-2. "Practitioner" has the same meaning as in Title 32, section 13702, subsection 
23. 
Sec. 3. 22 MRSA §2383-B, sub-§3, ~, as amended by PL 2001, c. 580, §2, is 
further amended to read: 
E. 
"Usable amount of marijuana for medical use" means 2 112 ounces or less, the 
weight not to include stems, seeds or roots, of harvested marijuana and a total of e 12 
plants, of wl=tiel=t AO R'lore tl=taA 3 R'lay be R'lattiFe, floweriAg plaAts. 
Sec. 4. 22 MRSA §2383-B, sub-§5, ~A, as enacted by IS 1999, c. 1, §10, IS 
amended to read: 
A. 
Notwithstanding any other provision of law, a person who is at least 18 years of 
age may lawfully possess a usable amount of marijuana for medical use if, at the time 
of that possession, the person has available an authenticated copy of a medical record 
or other written documentation from a pR)'sieiaA practitioner, demonstrating that: 
(1) The person has been diagnosed by a pR)'sieiaA practitioner as suffering from 
one or more of the following conditions: 
(a) Persistent nausea, vomiting, wasting syndrome or cachexia or loss of 
appetite as a result of a debilitating disease or medical condition such as: 
(i) Acquired immune deficiency syndrome or human immunodeficiencv 
virus or the treatment thereof; or 
(ii) Chemotherapy or radiation therapy used to treat cancer; 
(b) Heightened intraocular pressure as a result of glaucoma; 
(c) Seizures associated with a chronic, debilitating disease, such as epilepsy; 
er 
(d) Persistent muscle spasms associated with a chronic, debilitating disease, 
such as multiple sclerosis, Crohn's disease or Alzheimer's disease; 
ee) Hepatitis C; or 
CD Any other medical condition or its treatment approved by the department 
under this section; 
(2) A pRysieiaA, iA tHe 6OAteJ{t of a bona fide pH)'sieiaA patient relatioAship '""itR 
tHe perSOA practitioner: 
(a) Has discussed with the person the possible health risks and therapeutic 
or palliative benefits of the medical use of marijuana to relieve pain or 
alleviate symptoms of the person's condition, based on information known to 
the physiciaR practitioner, including, but not limited to, clinical studies or 
anecdotal evidence reported in medical literature or observations or 
information concerning the use of marijuana by other patients with the same 
or similar conditions; 
(b) Has provided the person with the physiciaR's practitioner's professional 
opinion concerning the possible balance of risks and benefits of the medical 
use of marijuana to relieve pain or alleviate symptoms in the person's 
particular case; and 
(c) Has advised the person, on the basis of the physiciaR's practitioner's 
knowledge of the person's medical history and condition, that the person 
might benefit from the medical use of marijuana to relieve pain or alleviate 
symptoms of the person's condition; 
(3) The person has disclosed to the physiciaR practitioner that person's medical 
use of marijuana; and 
(4) The person is under the continuing care of the physiciaR practitioner. 
Sec. 5. 22 MRSA §2383-B, sub-§5, ~, as enacted by IB 1999, c. 1, § 1 0, is 
amended to read: 
E. 
A physiciaR practitioner who, iR the cORtext of a bORa fide physiciaR patieRt 
relatioAship, advises a patient that the patient might benefit from the medical use of 
marijuana may not be deemed to have violated any provision of Title 32, section 
2591-A, subsection 2 or section 3282-A, subsection 2. 
Sec. 6. 22 MRSA §2383-B, sub-§5, ~ is enacted to read: 
I. The department shall issue or reissue an identification card to an eligible patient 
and up to 2 designated care givers of the patient upon such proof and documentation 
as the commissioner by rule may require to an eligible patient or a designated care 
giver who submits the following: 
(1) Written documentation that all requirements under paragraph A are met; 
(2) The application or renewal fee; 
(3) The name, address and date of birth of the eligible patient, except that if the 
patient is homeless, no address is required; 
(4) 
The name, address and telephone number of the eligible patient's 
practitioner; and 
(5) The name, address and date of birth of a designated care giver of as eligible 
patient. 
An identification card issued under this paragraph must contain the patient's name, 
address and date of birth, the designated care giver's, if any, name, address and date 
of birth, the date of issuance and expiration of the card, a random registry number 
issued under paragraph J, a photo of the patient and any other information the 
commissioner determines necessary. 
A patient who holds an identification card 
under this paragraph must notify the department within 10 days of any change of 
infonnation required for the card. A person with an identification card or similar 
documentation from another jurisdiction pennitting the person to use marijuana for 
medical purposes has the same rights and privileges as a person who is issued an 
identification card under this paragraph. 
A person using, procuring or in the 
possession of marijuana for medical use must present the identification card to a law 
enforcement officer upon request of the law enforcement officer. An identification 
card issued under this paragraph expires one year after issuance. 
Sec. 7. 22 MRSA §2383-B, sub-§5, ~J is enacted to read: 
J. The department shall maintain a registry of all holders of an identification card 
under paragraph I using a random registry number for each card holder. All personal 
infonnation in the registry is confidential and not subject to disclosure except to 
authorized employees of the department as necessary to perform official duties of the 
department. 
The department shall verify to a law enforcement official that an 
identification card is valid solely by confinning the random registry number. Without 
divulging personal infonnation, the department shall report annually to the 
Legislature on the number of applications for identification cards, the number of 
eligible patients and designated care givers approved, the number and nature of the 
medical conditions for which patients have been approved, the number of 
identification cards revoked and the number of practitioners providing written 
certification for eligible patients. A violation of the confidentiality provisions of this 
paragraph is a Class E crime. 
Sec. 8. 22 MRSA §2383-B, sub-§5, ~ 
is enacted to read: 
K. A person may not be discriminated against for possession of or appl ication for an 
identification card pursuant to paragraph I or being listed in the registry pursuant to 
paragraph J, including: 
(1) The searching of the person or property by a law enforcement official or 
inspection by a governmental agency; 
(2) Arresting or prosecuting the person or a law enforcement official using 
possession or application for an identification card under paragraph I or listing in 
the registry under paragraph J as probable cause or reasonable suspicion that a 
I 
crime has been committed; 
(3) Subjecting the person to disciplinary action or penalty or denying the person 
a right or privilege by a business, occupational or professional licensing board or 
agency; or 
(4) Refusing to enroll the person in school, employ the person, lease to the 
person or otherwise penalize the person. 
A practitioner is immune from criminal or civil prosecution or penalty and may not 
be denied any right or privilege under the practitioner's license for providing written 
documentation under this subsection to a person for the purpose of procuring an 
identification card. A person is immune from criminal or civil prosecution for being 
in the presence of or assisting a person with an identification card using medical 
marijuana. Any interest in or right to property may not be seized or forfeited if the 
I 
property was used in connection with medical marijuan(l. use under this subsection. A 
law enforcement agency that seizes and does not return usable marijuana to a person 
with an identification card under paragraph I is liable to that person for the fair 
market value of the marijuana. 
A person with an identification card under this 
subsection may not smoke marijuana at the workplace, in a public place or 
correctional facility, on school grounds, on a school bus or any public transportation 
or operate a motor vehicle, aircraft or motorboat while under the influence of 
marijuana, although the person may not be considered under the influence solely for 
having marijuana metabolites in the person's system. This paragraph does not apply 
to a person who is in violation of the provisions of this subsection. 
Sec. 9. 22 MRSA §2383-B, sub-§5, ~ 
is enacted to read: 
L. A designated care giver with an identification card issued under paragraph I may 
receive reimbursement for costs associated with assisting an eligible patient's medical 
use of marijuana pursuant to the provisions of this subsection, which may not be 
considered trafficking or furnishing of a controlled substance. 
Sec. 10. 22 MRSA §2383-B, sub-§5, ~ 
is enacted to read: 
M. An eligible patient who fails to notify the department that information provided 
under paragraph I has changed including that the patient has ceased to suffer from a 
medical condition allowing the use of medical marijuana under paragraph A within 
days ofthe change commits a civil violation for which not more than $150 may be 
adjudged. 
A person who provides fraudulent information to the department in 
applying for or renewing an identification card under paragraph I or to a law 
enforcement officer concerning the provisions of this subsection to avoid arrest or 
prosecution, including fabricating, selling, possessing or presenting an invalid 
identification card, commits a Class E crime. 
Sec. 11. 22 MRSA §2383-B, sub-§5, ~ 
is enacted to read: 
N. 
A law enforcement officer who knowingly cooperates with a federal law 
enforcement agent or organization to investigate, arrest or prosecute or search the 
person or property of a holder of an identification card issued under paragraph I or 
section 2390, subsection 3 without probable cause that a violation of the provisions of 
I 
this section or section 2390 has been committed must be suspended or have the law 
enforcement officer's employment terminated. 
Sec. 12. 22 MRSA §2383-B, sub-§5, ~O is enacted to read: 
O. The department may adopt routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A to carry out the purposes of this subsection, unless otherwise 
provided for. 
Sec. 13. 22 MRSA §2390 is enacted to read: 
§2390. Nonprofit dispensaries 
1. 
Registered dispensaries. 
A nonprofit corporation may register with the 
department to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply 
I 
or dispense marijuana, marijuana seeds, marijuana cultivation equipment and marijuana-
related supplies and educational materials to a card holder. 
2. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Card holder" means a person who holds an identification card issued pursuant to 
section 2383-B, subsection 5, paragraph I. 
B. 
"Employee" means a person who works for a registered dispensary for 
compensation or for no compensation. 
C. 
"Nonprofit corporation" means a nonprofit corporation organized pursuant to 
Title 13-B. 
D. 
"Registered dispensary" means a nonprofit corporation registered under this 
section. 
3. 
Reeistration. 
The department shall register a nonprofit corporation as a 
registered dispensary if the nonprofit corporation: 
A. Pays a registration fee to the department not to exceed $1,000; 
B. Provides the legal name of the nonprofit corporation; 
C. 
Provides the physical address of the nonprofit corporation and any other real 
property where marijuana is to be possessed, cultivated, manufactured, supplied or 
dispensed under this section; 
D. Provides the name, address and date of birth of any person that is a board member 
of, agent of or employed by the nonprofit corporation. 
Upon receipt of an application for registration under this subsection and if the nonprofit 
corporation meets all the requirements of this subsection, the department shall approve 
the nonprofit corporation for registration and issue the nonprofit corporation and each 
agent or employee of the nonprofit corporation an identification card. An identification 
card issued under this subsection must contain a random identification number, the name 
of the registered dispensary and the name of the agent or employee and state that the 
registered dispensary is a registered dispensary and that the agent or employee is an agent 
or employee of the registered dispensary. 
An identification card issued under this 
subsection expires one vear after issuance. 
I 
4. Requirements. The following are required of a registered dispensary: 
A. A registered dispensary shall submit to inspection by the department to determine 
if the provisions of this section and rules adopted by the department pursuant to this 
section are being followed. 
The department shall give reasonable notice of an 
inspection under this subsection; 
B. The operation of a registered dispensary may not be located within 500 feet of the 
property line of a school or place used primarily for religious service or worship; 
I 
C. The registered dispensary shall include written proc('dures for the oversight ofthe 
registered dispensary and to ensure adequate record keeping. A registered dispensary 
J 
shall ke~ a record of each card holder served by the~isper.lsary; 
D. A registered dispensary shall inform the department within 10 days of an agent or 
employee ceasing to work for or a board member leaving the board of the registered 
dispensary; and 
E. 
A registered dispensary shall notify the department prior to a new agent or 
employee becoming employed by or a board member joining the board of the 
registered dispensary, providing the department with the name, address and date of 
birth for the person intended to be a new agent, employee or board member. 
II 
5. Immunity. A registered dispensary is immune from search, arrest, prosecution, 
seizure or penalty or from being denied any right or privilege, including civil penalty or 
disciplinary action by a business, occupational or professional licensing board, for 
operating in accordance with this section, as long as the registered dispensary possesses 
an amount of marijuana that does not exceed 12 marijuana plants and 2 112 ounces of 
usable marijuana for each card ho.lder served by the dispensary. An agent, employee or 
board member of a registered dispensary is immune from search, arrest, prosecution, 
seizure or penalty or from being denied any right or privilege, including civil penalty or 
disciplinary action by a business, occupational or professional licensing board, for 
performing necessary duties for the registered dispensary. 
6. Prohibitions. A registered dispensary may not: 
A. Obtain marijuana from outside the State in violation of federal law; or 
B. 
Acquire, possess, cultivate, manufacture, deliver, transfer, supply or dispense 
marijuana for any purpose except to assist a card holder with the medical use of 
marl)uana. 
7. Municipalities. A municipality may not prevent a registered dispensarv from 
operating in accordance with this section in an area that is zoned for retail use. 
8. Rules. The department may adopt major substantive rules pursuant to Title 5, 
chapter 375, subchapter 2-A to carry out the purposes of this section. 
9. Violations. A violation of this section is a Class E crime. 
Sec. 14. Rules. No more than 90 days after the effective date of this Act, the 
Department of Health and Human Services shall adopt rules and provide a public hearing 
pursuant to the Maine Revised Statutes, Title 5, section 8052 to establish the manner in 
which it will consider adding debilitating medical conditions to those already allowed 
under Title 22, section 2303-B, subsection 5, paragraph N, the manner in which the 
department will accept applications and renewals for an identification card, fees that 
offset the expenses of implementing and administering the provisions of this subsection 
and a sliding scale for an eligible patient who demonstrates financial need. 
SUMMARY 
This bill: 
I. Increases the usable amount of marijuana for medical use to up to 12 plants and 
exempts seeds, stems and roots from the weight limitations; 
2. Changes a person who may document the need for a person to use marijuana for 
medical purposes from a physician to a person who is licensed to prescribe medicine; 
3. Directs the Department of Health and Human Services to create a registry system 
with identification cards for patients eligible to receive marijuana for medical use and 
their care givers; 
4. Immunizes patients eligible to receive marijuana for medical use and their care 
II 
givers from search, arrest or prosecution or from civil penalty for using marijuana for 
medical use; 
5. Prohibits a law enforcement officer from cooperating with federal authorities in 
investigating, searching, arresting or prosecuting patients eligible to receive marijuana for 
medical use and their care givers and registered dispensaries; and 
6. 
Directs the Department of Health and Human Services to create a registry of 
nonprofit corporations that may become registered dispensaries to acquire, possess, 
cultivate, manufacture, deliver, transfer, transport, supply or dispense marijuana, 
marijuana seeds, marijuana cultivation equipment and marijuana-related supplies and 
educational materials to patients eligible to receive marijuana for medical use and their 
care givers.