An Act To
Maine Legislature, Session 124, LD 1811
Committee Amendment CA_A_S508 (Senate)
Amends: 7 MRSA §483, 17-A MRSA §1117, 22 MRSA §2152, 22 MRSA §2158, 22 MRSA §2383-B, 22 MRSA §2421, 22 MRSA §2422, 22 MRSA §2423, 22 MRSA §2423-A, 22 MRSA §2423-B, 22 MRSA §2423-C, 22 MRSA §2423-D, 22 MRSA §2423-E, 22 MRSA §2424, 22 MRSA §2425, 22 MRSA §2426, 22 MRSA §2428, 22 MRSA §2429, 22 MRSA §2430, 26 MRSA §772

COMMITTEE AMENDMENT "A " to S.P. 719, L.D. 1811, Bill, "An Act To 
Amend the Maine Medical Marijuana Act" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Initiated Bill 2009, chapter 1 was passed by the voters of the State in 
November 2009, establishing a new law to provide protections under state law for 
registered qualifying patients who use marijuana for medical purposes effective in March 
2010; and 
Whereas, immediate action is required by the Department of Health and Human 
Services to adopt rules to implement the new law, including rules to set the procedures 
for a registration system for patients, primary caregivers and nonprofit dispensaries; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §483, first ~, as amended by PL 2005, c. 512, § 18, is further 
amended to read: 
For the purpose of this chapter and chapter 103, unless the term is more specifically 
defined, "adulterated" means made impure or inferior by adding extraneous ingredients. 
Goods that are prepared in food establishments that are licensed facilities under Title 22, 
section 2167 and that contain marijuana for medical use by a registered patient, pursuant 
to Title 22, chapter 558-C, are not considered to be adulterated under this subchapter. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "It ,. to S.P. 719, L.D. 1811 
Sec. 2. 17-A MRSA §1117, sub-§l, as repealed and replaced by PL 2001, c. 383, 
§ 148 and affected by § 156, is amended to read: 
if: 
1. -A- Except as provided in subsection 4, a person is guilty of cUltivating marijuana 
A. The person intentionally or knowingly grows or cultivates marijuana. Violation 
of this paragraph is a Class E crime; or 
B. The person violates paragraph A and the number of marijuana plants is: 
(I) Five hundred or more. Violation of this subparagraph is a Class B crime; 
(2) One hundred or more but fewer than 500. Violation of this subparagraph is a 
Class C crime; 
(3) More than 5 but fewer than 100. Violation of this subparagraph is a Class D 
crime; or 
(4) Five or fewer. Violation of this subparagraph is a Class E crime. 
Sec. 3. 17-A MRSA §1117, sub-§4 is enacted to read: 
4. 
A person is not guilty of cultivating marijuana if the conduct is expressly 
authorized by Title 22, chapter 558-C. 
Sec. 4. 22 MRSA §2152, sub-§4-A, as amended by PL 2005, c. 434, § 13, is 
further amended to read: 
4-A. Food establishment. "Food establishment" means a factory, plant, warehouse 
or store in which food and food products are manufactured, processed, packed, held for 
introduction into commerce or sold. "Food establishment" includes a registered primary 
caregiver, as defined in section 2422, subsection 11, and a registered dispensary, as 
defined in section 2422, subsection 6, that prepare food containing marijuana for medical 
use by a registered patient pursuant to chapter 558-C. The following establishments are 
not considered food establishments required to be licensed under section 2167: 
A. Eating establishments, as defined in section 2491, subsection 7; 
B. 
Fish and shellfish processing establishments inspected under Title 12, section 
6101, 61020r6856; 
C. Storage facilities for native produce; 
D. Establishments such as farm stands and farmers' markets primarily selling fresh 
produce not including dairy and meat products; 
E. Establishments engaged in the washing, cleaning or sorting of whole produce, 
provided the produce remains in essentially the same condition as when harvested. 
The whole produce may be packaged for sale, provided that packaging is not by a 
vacuum packaging process or a modified atmosphere packaging process; and 
F. Establishments that are engaged in the drying of single herbs that are generally 
recognized as safe under 21 Code of Federal Regulations, Sections 182 to 189. The 
single herbs may be packaged for sale, provided that packaging is not by a vacuum 
packaging process or a modified atmosphere packaging process. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 719, L.D. 1811 
Sec. 5. 22 MRSA §2158, as amended by PL 1979, c. 731, § 19, is further amended 
to read: 
§2158. Addition of certain substances limited 
Any poisonous or deleterious substance added to any food, except where such 
substance is required in the production thereof or cannot be avoided by good 
manufacturing practice, sfta+I. must be deemed to be unsafe for purposes of the application 
of section 2156, subsection 1, paragraph B; but when such substance is so required or 
cannot be avoided, the Commissioner of Agriculture, Food and Rural Resources shall 
promulgate regulations adopt rules limiting the quantity therein or thereon to such extent 
as the commissioner finds necessary for the protection of public health, and any quantity 
exceeding the limits so fixed sfta+I. must be deemed to be unsafe for purposes of the 
application of section 2156, subsection 1, paragraph B. While such a regulation rule is in 
effect limiting the quantity of any such substance in the case of any food, such food sfta+I. 
may not, by reason of bearing or containing any added amount of such substance, be 
considered to be adulterated within the meaning of section 2156, subsection 1, paragraph 
A. In determining the quantity of such added substance to be tolerated in or on different 
alticles of food, the commissioner shall take into account the extent to which the use of 
such substance is required or cannot be avoided in the production of each such article and 
the other ways in which the consumer may be affected by the same or other poisonous or 
deleterious substances. Goods that are prepared in a food establishment that is a licensed 
facility under section 2167 and that contain marijuana for medical use by a registered 
patient, pursuant to chapter 558-C, are not considered to be adulterated under this 
subchapter. 
Sec. 6. 22 MRSA §2383-B, sub-§3, -rrE, as amended by PL 2001, c. 580, §2, is 
further amended to read: 
E. 
"Usable amount of marijuana for medical use" means 2 1/2 ounces or less of 
harvested prepared marijuana, as defined in section 2422, subsection 14, and a total 
of 6 plants, of '""hich no more than 3 may be mature, f1O'. ... ering plants as defined by 
the department pursuant to section 2424, subsection 1. 
Sec. 7. 22 MRSA §2421, as enacted by IB 2009, c. 1, §5, is amended to read: 
§2421. Short title 
This chapter may be known and cited as "the Maine Medical Use of Marijuana Act." 
Sec. 8. 22 MRS A §2422, sub-§l, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
1. Cardholder. "Cardholder" means a qualif)'ing registered patient, a registered 
primary caregiver or a principal officer, board member, or employee or agent of a 
nonprofit registered dispensary who has been issued and possesses a valid registry 
identification card. 
Sec. 9. 
MRSA §2422, sub-§2, ~, as enacted by IB 2009, c. 1, §5, IS 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 719, L.D. 1811 
D. 
Any other medical condition or its treatment approved by the deoartment 
commissioner as provided for in section 2424, subsection 2. 
Sec. 10. 22 MRSA §2422, sub-§4, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
4. 
Disqualifying drug offense. 
"FeffiHy Disqualifying drug offense" means E! 
conviction for a violation of a state or federal controlled substance law that 'Nas classified 
as a felony in the jurisdiction where the person "vas convicted is a crime punishable by 
imprisonment for one year or more. It does not include: 
A. An offense for which the sentence, including any term of probation, incarceration 
or supervised release, was completed 10 or more years earlier; or 
B. An offense that consisted of conduct that would have been permitted under this 
chapter. 
Sec. 11. 22 MRSA §2422, sub-§S, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
5. 
Medical use. 
"Medical use" means the acquisition, possession, cultivation, 
manufacture, use, delivery, transfer or transportation of marijuana or paraphernalia 
relating to the administration of marijuana to treat or alleviate a registered qualifying 
patient's debilitating medical condition or symptoms associated with the patient's 
debilitating medical condition. 
Sec. 12. 22 MRSA §2422, sub-§6, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
6. 
Registered dispensary. 
"Nonprofit Registered dispensary" or "dispensary" 
means a not-for-profit entity registered under section 2428 that acquires, possesses, 
cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses 
marijuana or related supplies and educational materials to cardholders registered patients 
who have designated the dispensary to cultivate marijuana for their medical use and the 
registered primary caregivers of those patients. A nonprofit dispensary is a primm"v 
care!!iver. 
Sec. 13. 22 MRSA §2422, sub-§6-A is enacted to read: 
6-A. Onsite assessment. "Onsite assessment" means a visit by an employee of the 
department for the purpose of ensuring compliance with the requirements of this chapter 
to any site where marijuana is grown by a registered primary caregiver who has been 
designated pursuant to section 2425, subsection 1, paragraph F to cultivate marijuana for 
3,4 or 5 registered patients at one time. 
Sec. 14. 22 MRSA §2422, sub-§7, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
7. Physician. "Physician" means a person licensed as an osteopathic physician by 
the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or a person licensed 
as a physician or surgeon by the Board of Licensure in Medicine pursuant to Title 32, 
chapter 48 who is in good standing and who holds a valid federal Drug Enforcement 
Administration license to prescribe drugs. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 719, L.D. 1811 
Sec. 15. 22 MRSA §2422, sub-§8, as enacted by IB 2009, c. 1, §5, is repealed. 
Sec. 16. 22 MRSA §2422, sub-§ll, as enacted by IB 2009, c. I, §5, is repealed 
and the following enacted in its place: 
11. Registered primary caregiver. "Registered primary caregiver" or "primary 
caregiver" means a person, a hospice provider licensed under chapter 1681 or a nursing 
facility licensed under chapter 405 that provides care for a registered patient and that has 
been named by the patient as a primary caregiver to assist with a registered patient's 
medical use of marijuana. A person who is a primary caregiver must be at least 21 years 
of age and may not have been convicted of a disqualifying drug offense. 
Sec. 17. 22 MRSA §2422, sub-§12, as enacted by IB 2009, c. I, §5, is amended 
to read: 
12. 
Registered patient. 
"Registered qualifying patient" or "patient" means a 
qualifying patient who is registered by the department pursuant to section 2425, 
subsection 1. 
Sec. 18. 22 MRSA §2422, sub-§13, as enacted by IB 2009, c. 1, §5, is amended 
to read: 
13. Registry identification card. "Registry identification card" means a document 
issued by the department that identifies a person as a registered qualifying patient, 
registered primary caregiver or a principal officer, board member, or employee or a!!ent 
of a nonorofit dispensary. 
Sec. 19. 22 MRSA §2422, sub-§14, as enacted by IB 2009, c. 1, §5, is repealed 
and the following enacted in its place: 
14. Prepared marijuana. "Prepared marijuana" means the dried leaves and flowers 
of the marijuana plant and any mixture or preparation of those dried leaves and flowers, 
including but not limited to tinctures, ointments and other preparations, but does not 
include the seeds, stalks and roots of the plant and does not include the ingredients, other 
than marijuana, in tinctures, ointments or other preparations that include marijuana as an 
ingredient or food or drink prepared with marijuana as an ingredient for human 
consumption. 
Sec. 20. 22 MRSA §2423, as enacted by IB 2009, c. I, §5, is repealed. 
Sec. 21. 22 MRSA §2423-A is enacted to read: 
§2423-A. Authorized conduct for the medical use of marijuana 
1. Registered patient. Except as provided in section 2426, a registered patient may: 
A. Possess up to 21/2 ounces of prepared marijuana and an incidental amount of 
. marijuana as provided in subsection 5; 
B. Cultivate up to 6 marijuana plants if the patient elects to cultivate and the patient 
has not designated a registered primary caregiver or registered dispensary to cultivate 
marijuana on the patient's behalf; 
C. Possess marijuana paraphernalia; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 719, L.D. 1811 
D. Furnish or offer to furnish to another registered patient for that person's medical 
use of marijuana up to 2 1/2 ounces of prepared marijuana if nothing of value is 
offered or transferred in return; 
E. Name one person, hospice provider or nursing facility as a primary caregiver. A 
2nd person or hospice provider or nursing facility may be named as a 2nd primary 
caregiver if the patient is under 18 years of age. The primary caregivers for a patient 
are determined solely by the patient's preference as named on the application under 
section 2425, subsection 1 except that a parent, guardian or person having legal 
custody shall serve as a primary caregiver for a minor child pursuant to section 2425, 
subsection 2, paragraph B, subparagraph (2); 
F. Designate one primary caregiver or a registered dispensary to cultivate marijuana 
for the medical use of the patient, except that a hospice provider or a nursing facility 
that is named as a primary caregiver by a registered patient and the staff of the 
provider or facility may not be designated to cultivate marijuana for the patient. The 
primary caregiver or dispensary that may cultivate marijuana for a patient is 
determined solely by the patient's designation on the application under section 2425, 
subsection 1; and 
G. Be in the presence or vicinity of the medical use of marijuana and assist any 
registered patient with using or administering marijuana. 
2. Registered primary caregiver. Except as provided in section 2426, a registered 
primary caregiver, for the purpose of assisting a registered patient who has named the 
primary caregiver as provided in section 2425, subsection 1, may: 
A. Possess up to 2 112 ounces of prepared marijuana and an incidental amount of 
marijuana as provided in subsection 5 for each patient who has named the person as a 
primary caregiver; 
B. 
Cultivate up to 6 marijuana plants for each patient who has designated the 
primary caregiver to cultivate marijuana on the patient's behalf. A primary caregiver 
may not cultivate marijuana for a patient unless the patient has designated the 
primary caregiver for that purpose and the patient has not designated a registered 
dispensary to cultivate marijuana for the patient's medical use; 
C. 
Assist no more than 5 patients at anyone time with their medical use of 
marijuana; 
D. Receive reasonable monetary compensation for costs associated with assisting a 
patient who named the primary caregiver through the department's registration 
process; 
E. Receive reasonable monetary compensation fo), costs associated with cultivating 
marijuana for a patient who designated the primary caregiver to cultivate marijuana 
through the depal1ment's registration process; 
F. Be in the presence or vicinity of the medical use of marijuana and assist any 
patient with the medical use or administration of marijuana; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 719, L.D. 1811 
G. Prepare food as defined in section 2 152, subsection 4 containing marijuana for 
medical use by a registered patient if the primary caregiver preparing the food has 
obtained a license pursuant to section 2 I 67. 
3. Cultivation of mariiuana. The following provisions apply to the cultivation of 
marijuana by a registered patient under subsection I or a registered primary caregiver 
under subsection 2. 
A. A patient who elects to cultivate marijuana plants must keep the plants in an 
enclosed, locked facility unless the plants are being transported because the patient is 
moving or taking the plants to the patient's own property in order to cultivate them. 
B. A primary caregiver who has been designated by a patient to cultivate marijuana 
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for the patient's medical use must keep all plants in an enclosed, locked facility unless 
the plants are being transported because the primary caregiver is moving or taking the 
plants to the primary caregiver's own property in order to cultivate them. 
4. Hospice provider or nursing facility. A registered patient may name a hospice 
provider licensed under chapter 168 I or a nursing facility licensed under chapter 405 to 
serve as a registered primary caregiver. If a hospice provider or nursing facility is named 
as a primary caregiver, the provider or facility shall complete the registration process with 
the department and obtain a primary caregiver registration card and the staff of the 
provider or facility shall obtain registry identification cards. To be issued a registry 
identification card, a staff person of a hospice provider or nursing facility that has been 
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named as a primary caregiver must be at least 21 years of age and may not have been 
convicted of a disqualifying drug offense. The hospice provider or nursing facility and 
the staff of the provider or facility may not cultivate marijuana for the patient. 
5. Incidental amount of mariiuana. For purposes of this section, any incidental 
amount of marijuana plants, seeds, stalks and roots, as defined by rule adopted by the 
department, is lawful for a registered patient or a registered primary caregiver to possess 
and is not included in the amounts of prepared marijuana specified in this section. 
6. Onsite assessments by the department. Prior to making an onsite assessment of 
a registered primary caregiver who is designated to cultivate marijuana by 3 or more 
patients at anyone time, the department shall provide 24 hours' notice to the registered 
primary caregiver. 
Sec. 22. 22 MRSA §2423-B is enacted to read: 
§2423-B. Authorized conduct by a physician 
A physician may provide a written certification for the medical use of marijuana 
under this chapter and, after having done so, may otherwise state that in the physician's 
professional opinion a qualifying patient is likely to receive therapeutic benefit from the 
medical use of marijuana to treat or alleviate the patient's debilitating medical condition. 
Nothing in this chapter prevents a professional licensing board from sanctioning a 
physician for failing to properly evaluate or treat a patient's medical condition or 
otherwise violating the applicable standard of care for evaluating or treating medical 
conditions. 
Sec. 23. 22 MRSA §2423-C is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S,P, 719, L.D. 1811 
§2423-C. Authorized conduct by anyone for the medical use of marijuana 
A person may provide a registered patient or a registered primalY caregiver with 
marijuana paraphernalia for purposes of the registered patient's medical use of marijuana 
in accordance with this chapter and be in the presence or vicinity of the medical use of 
marijuana as allowed under this chapter. 
Sec. 24. 22 MRSA §2423-D is enacted to read: 
§2423-D. Authorized conduct by a visiting qualifying patient 
A visiting qualifying patient from another jurisdiction who possesses a valid registry 
identification card or its equivalent from that jurisdiction may for 30 days after entering 
the State engage in conduct authorized for a registered patient without having to obtain a 
registry identification card issued by the department except that the visiting qualifying 
patient may not obtain in Maine marijuana, for medical use based on a registry 
identification card from another jurisdiction. 
Sec. 25. 22 MRSA §2423-E is enacted to read: 
§2423-E. Prohibited acts against persons or entities engaged in authorized conduct 
for the medical use of marijuana 
1. Rights of persons or entities actin!! pursuant to this chapter. A person whose 
conduct is authorized under this chapter may not be denied any right or privilege or be 
subjected to any penalty or disciplinary action, including but not limited to a civil penalty 
or disciplinary action by a business or occupational or professional licensing board or 
bureau, for lawfully engaging in conduct involving the medical use of marijuana 
authorized under this chapter. 
2. School, employer or landlord may not discriminate. A school, employer or 
landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 
solely for that person's status as a registered patient or a registered primary caregiver 
unless failing to do so would put the school, employer or landlord in violation of federal 
law or cause it to lose a federal contract or funding. This subsection does not prohibit a 
restriction on the administration or cultivation of marijuana on premises when that 
administration or cultivation would be inconsistent with the general use of the premises. 
A landlord may prohibit the smoking of marijuana for medical purposes on the premises 
of the landlord if the landlord prohibits all smoking on the premises and posts notice to 
that effect on the premises. 
3. Person may not be denied parental rights and responsibilities or contact with 
a minor child. A person may not be denied parental rights and responsibilities with 
respect to or contact with a minor child as a result of acting in accordance with this 
chapter, unless the person's conduct is contrary to the best interests of the minor ch ild as 
set out in Title 19-A, section 1653, subsection 3. 
Sec. 26. 22 MRS A §2424, sub-§2, as enacted by ill 2009, c. 1, §5, is repealed 
and the following enacted in its place: 
2. Adding debilitating medical conditions. The commissioner shall establish, chair 
and staff an advisory board consisting of at least 11 health care practitioners representing 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 719, L.D. 181 I 
various fields of practice, including but not limited to neurology, gastroenterology, pain 
management, medical oncology, psychiatry, infectious disease, hospice medicine, family 
medicine, pediatrics, treatment of addiction and gynecology. The practitioners must be 
certified by a national board in their areas of specialty and knowledgeable about the 
medical use of marijuana. The advisory board must also include at least 2 members of 
the public, at least one of whom is a registered patient. The members must be chosen for 
appointment by the commissioner from a list proposed by the Maine Medical Association 
and the Maine Osteopathic Association or their successor organizations and from a list of 
individuals who have volunteered to serve on the advisory board. The advisory board 
shall: 
A. 
Accept, review and evaluate petitions to add medical conditions, medical 
treatments or diseases to the list of debilitating medical conditions that qualify for the 
medical use of marijuana. If a petition contains information that is confidential under 
section 2425, subsection 8, paragraph F, the board shall protect the confidentiality of 
that information; 
B. 
Convene at least once per year to conduct public hearings regarding adding 
medical conditions, medical treatments or diseases to the list of debilitating medical 
conditions that qualify for the medical use of marijuana; 
C. Review and recommend to the commissioner for approval additional debilitating 
medical conditions that would benefit from the medical use of marijuana; and 
D. Recommend quantities of marijuana that are necessary to constitute an adequate 
supply for registered patients, registered primary caregivers and registered 
dispensaries. 
Sec. 27. 22 MRSA §2424, sub-§3, as enacted by rB 2009, c. 1, §5, is amended to 
read: 
3. Registry identification cards. Not later than 120 days after the effective date of 
this chapter July 1, 2010, the department shall adopt rules governing the manner in which 
it considers applications for and renewals of registry identification cards for registered 
patients, registered caregivers, principal officers, board members and employees of 
dispensaries and staff of hospice providers and nursing facilities named as primary 
caregivers. 
The department's rules must establish application and renewal fees that 
generate revenues sufficient to offset all expenses of implementing and administering this 
chapter. The department may establish a sliding scale of application and renewal fees 
based upon a quali'/)'ing registered patient's family income. The department may accept 
donations from private sources in order to reduce the application and renewal fees. 
Sec. 28. 22 MRSA §2425, sub-§l, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
1. 
Application for patient registry identification card; qualifications. 
The 
department shall register and issue registry identification cards to qualifying patients who 
submit the documents and information described in this subsection, in accordance with 
the department's I'Ules: 
A. Written certification; 
B. Application or renewal fee; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 719, L.D. 1811 
C. 
Name, address and date of birth of the qualifying patient, except that if the 
applicant is homeless, no address is required; 
D. Name, address and telephone number of the qualifying patient's physician; 
E. Name, address and date of birth of each primary caregiver, if any, ef named by the 
qualifying patient. A qualifying patient may designate only one primary caregiver 
unless the qualifYing patient is under 1 g years of age and requires a parent to serve as 
a primary caregiver or the qualifying patient designates a nonprofit dispensary to 
cultivate marijuana for the qualifying patient's medical use and the qualifying patient 
requests the assistance of a second caregiver to assist \vith the qualifYing patient's 
medical use; and 
F. 
If the qualifying patient designates names one or 2 primary caregivers, a 
designation as to who ',viii be allo'Ned under state law an indication of which person, 
if any, is designated to cultivate marijuana plants for the qualifying patient's medical 
use. Only one person may be allowed to cultivate marijuana plants for a aualifvine: 
registered patient.; and 
G. If the qualifying patient elects to cultivate marijuana for the qualifying patient's 
own medical use, the qualifying patient shall indicate that choice on the application. 
Sec. 29. 22 MRSA §2425, sub-§2, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
2. Issuing patient registry identification card to minor child. The department 
may not register and issue a registry identification card to a qualifying patient who is 
under 18 years of age unless: 
A. The qualifying patient's physician has explained the potential risks and benefits of 
the medical use of marijuana to the qualifying patient and to a parent, guardian or 
person having legal custody of the qualifying patient; and 
B. The parent, guardian or person having legal custody consents in writing to: 
(1) Allow the qualifying patient's medical use of marijuana; 
(2) Serve as one of the qualifying patient's registered primary caregivers; and 
(3) Control the acquisition of the marijuana, the dosage and the frequency of the 
medical use of marijuana by the qualifying patient:-; and 
C. Except with regard to a qualifying patient who is eligible for hospice care, the 
commissioner or the commissioner's designee has approved an application for the 
medical use of marijuana by the qualifying patient. Prior to approving an appl ication 
under this paragraph, the commissioner or the commissioner's designee must have 
received confirmation from a pediatrician and a psychiatrist chosen from a list 
maintained by the advisory board established under section 2424, subsection 2 that 
the pediatrician and psychiatrist have reviewed the medical file of or examined the 
qualifying patient and that in their professional opinions the qualifying patient is 
likely to receive therapeutic or palliative benefit from the medical use of marijuana to 
treat or alleviate the qualifying patient's debilitating medical condition or symptoms 
associated with the debilitating medical condition. 
If the commissioner or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 719, L.D. 1811 
commissioner's designee fails to approve or disapprove a recommendation under this 
paragraph within 10 days of receipt of the statements of the pediatrician and 
psychiatrist under this paragraph, the application is deemed approved. 
Sec. 30. 22 MRSA §2425, sub-§3-A is enacted to read: 
3-A. Department revocation. The department may revoke a registry identification 
card for violation of this chapter and the rules adopted under this chapter. Revocation is 
considered a final agency action, subject to judicial review under Title 5, chapter 375, 
subchapter 7. 
Sec. 31. 22 MRS A §2425, sub-§4, as enacted by IB 2009, c. 1, §5, is amended to . 
read: 
4. Primary caregiver registry identification card. The department shall issue a 
registry identification card to each registered primary caregiver, if any, who is named in a 
qualif),rjng registered patient's approved application pursuant to subsection 1, paragraph E. 
Only one person may cultivate marijuana for the qualifying patient's medical use, 'Nho is 
determined based solely on the qualifying patient's preference. That person may either 
be the qualifying patient or one of the 2 primary caregivers. 
Sec. 32. 22 MRS A §2425, sub-§5, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
5. 
Registry identification card issuance. 
The department shall issue registry 
identification cards to qualifying registered patients ilfI6~ to registered primary caregivers 
and to staff of hospice providers and nursing facilities named as primary caregivers 
within 5 days of approving an application or renewal under this section. 
Registry 
identification cards expire one year after the date of issuance. Registry identification 
cards must contain: 
A. The name, address and date of birth of the qualifying patient; 
B. The name, address and date of birth of each registered primary caregiver, if any, 
of the qualifying patient; 
C. The date of issuance and expiration date of the registry identification card; 
D. A random identification number that is unique to the cardholder; 
E. A photograph, if required by the department decides to require one; and 
F. A For a registered primary caregiver, a clear designation showing whether the 
cardholder wH+-be .lli allowed under state law this chapter to cultivate marijuana plants 
for the qualifying patient's medical use, which must be determined based soleI", on 
the qualifying patient's preference. 
Sec. 33. 22 MRSA §2425, sub-§7, as enacted by IB 2009, c. 1, §5, is repealed 
and the following enacted in its place: 
7. Possession of or application for registry identification card is not evidence of 
unlawful conduct or a basis for a search. Possession of a registry identification card by 
a cardholder, or the act of applying for such a card, is not evidence of unlawful conduct 
and may not be used to support the search of that person or that person's property. The 
COMMITTEE AMENDMENT 
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possession of or application for a registry identification card does not prevent the 
issuance of a warrant if probable cause exists on other grounds. 
Sec. 34. 22 MRSA §2425, sub-§8, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
8. Confidentiality. This subsection governs confidentiality. 
A. Applications and supporting information submitted by qualifying and registered 
patients under this chapter, including information regarding their primary caregivers 
and physicians, are confidential. 
B. Applications and supporting information submitted by primary caregivers and 
physicians operating in compliance with this chapter. includine: the ohvsical address 
of a nonprofit dispensary, are confidential. 
C. The department shall maintain a confidential list of the persons to whom the 
department has issued registry identification cards. Individual names and other 
identifying information on the list are confidential, exempt from the freedom of 
access laws, Title 1, chapter 13, and not subject to disclosure except as provided in 
this subsection and to authorized employees of the department as necessary to 
perform official duties of the department. 
D. The department shall verify to law enforcement personnel whether a registry 
identification card is valid without disclosing more information than is reasonably 
necessary to verify the authenticity of the registry identification card. 
E. A person, including an employee or official of the department or another state 
agency or local government, "vho breaches the confidentiality of information obtained 
pursuant to this chapter commits a Class E crime. Notwithstanding this subsection, 
department employees may notify lao"., enforcement about falsified or fraudulent 
information submitted to the department as long as the employee ',,,,ho suspects that 
falsified or fraudulent information has been submitted confers with the employee's 
supervisor and both agree that circumstances eKist that ""arrant reporting. 
F. Applications, supporting information and other information regarding a registered 
dispensary are not confidential except that information that is contained within 
dispensary information that identifies a registered patient, the patient's physician and 
the patient's registered primary caregivers is confidential. 
G. 
Records maintained by the department pursuant to this chapter that identify 
applicants for a registry identification card, registered patients, registered primary 
caregivers and registered patients' physicians are confidential and may not be 
disclosed except as provided in this subsection and as follows: 
(1) To department employees who are responsible for carrying out this chapter; 
(2) Pursuant to court order; 
(3) With written permission of the patient or the patient's guardian, if the patient 
is under guardianship, or a parent, if the patient has not attained 18 years of age; 
(4) As permitted or required for the disclosure of health care information 
pursuant to section 1711-C; 
COMMITTEE AMENDMENT 
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(5) To a law enforcement official for law enforcement purposes. The records may 
not be disclosed fUliher than necessary to achieve the limited goals of a specific 
investigation; and 
(6) To a patient's treating physician and to a patient's primary caregiver for the 
purpose of carrying out this chapter. 
H. This subsection does not prohibit a physician from notifYing the department if the 
physician acquires information indicating that a registered or qualifYing patient is no 
longer eligible to use marijuana for medical pumoses or that a registered or 
qualifYing patient falsified information that was the basis of the physician's 
certification of eligibility for use. 
I. The department may disclose to an agency of State Government designated by the 
commissioner and employees of that agency any information necessary to produce 
registry identification cards or manage the identification card program and may 
disclose data for statistical or research pumoses in such a manner that individuals 
cannot be identified. 
J. 
A hearing concerning the revocation of a registry identification card under 
subsection 3-A is confidential. If a registry identification card is revoked, the findings 
of the hearing and the revocation are public information. 
K. Except as otherwise provided in this subsection, a person who knowingly violates 
the confidentiality of information protected under this chapter commits a civil 
violation for which a fine of up to $1,000 may be imposed. This paragraph does not 
apply to a physician or staff of a hospice provider or nursing facility named as a 
primary caregiver or any other person directly associated with a physician or a 
hospice provider or nursing facility that provides services to a registered patient. 
Sec. 35. 22 MRSA §2425, sub-§9, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
9. Revocation of registry identification card. AAy The department shall revoke the 
registry identification card of a cardholder who sells, furnishes or gives marijuana to a 
person who is not allowed to possess marijuana for medical purposes under this chapter 
must have that cardholder's registry identification card revoked and. A cardholder who 
sells, furnishes or gives marijuana to a person who is not allowed to possess marijuana for 
medical purposes under this chapter is liable for any other penalties for the sale of selling, 
furnishing or giving marijuana to a person. The department may revoke the registry 
identification card of any cardholder who violates this chapter, and the cardholder is 
liable for any other penalties for the violation. 
Sec. 36. 22 MRSA §2425, sub-§10, as enacted by IB 2009, c. 1, §5, is amended 
to read: 
10. Annual report. The department shall submit to the Legislature an annual report 
by April 1st each year that does not disclose any identifying information about 
cardholders or physicians, but does contain, at a minimum: 
A. The number of applications and renewals filed for registry identification cards; 
COMMITTEE AMENDMENT 
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B. 
The number of qualifying patients and primary caregivers approved in each 
county; 
C. The nature of the debilitating medical conditions of the qualifying patients; 
D. The number of registry identification cards revoked; 
E. The number of physicians providing written certifications for qualifying patients; 
F. The number of registered nonprofit dispensaries; and 
O. The number of principal officers, board members, and employees and aflents of 
nonorofit dispensaries. 
Sec. 37. 22 MRSA §2426, sub-§l, ~A, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
A. 
Undeltake any task under the influence of marijuana when doing so would 
constitute negligence or professional malpractice or would otherwise violate any 
professional standard; 
Sec. 38. 22 MRS A §2426, sub-§l, ~, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
D. Operate, navigate or be in actual physical control of any motor vehicle, aircraft er, 
motorboat, snowmobile or all-terrain vehicle while under the influence of marijuana; 
or 
Sec. 39. 22 MRS A §2426, sub-§3, as enacted by IB 2009, c. 1, §5, is repealed. 
Sec. 40. 22 MRS A §2427, sub-§l, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
1. Affirmative defense. Except as provided in section 2426, a qualifying patient and 
a qualifying patient's primary caregiver, other than a nonprofit dispensary, may assert the 
medical purpose for using marijuana as a defense to any prosecution involving marijuana, 
and this defense must be presumed valid where the evidence shows that: 
A. A physician has stated that, in the physician's professional opinion, after having 
completed a full assessment of the qualifying patient's medical history and current 
medical condition made in the course of a bona fide physician-patient relationship, 
the qualifying patient is likely to receive therapeutic or palliative benefit from the 
medical use of marijuana to treat or alleviate the qualifying patient's debilitating 
medical condition or symptoms associated with the qualifying patient's debilitating 
medical condition; 
B. The qualifying patient and the qualifying patient's primary caregiver, if any, were 
collectively in possession of a quantity of prepared marijuana and marijuana plants 
that was not more than was reasonably necessary to ensure the uninterrupted 
availability of marijuana for the purpose of treating or alleviating the qualifYing 
patient's debilitating medical condition or symptoms associated with the qualif)ring 
patient's debilitating medical condition the amount they would be authorized to 
possess if they were registered as provided in section 2423-A, subsections 1 and 2; 
and 
COMMITTEE AMENDMENT 
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C. The qualifying patient and the qualifying patient's primary caregiver, if any, were 
engaged in the acquisition, possession, cultivation, manufacture, use, delivery, 
transfer or transportation of marijuana or paraphernalia relating to the administration 
of marijuana solely to treat or alleviate the qualifying patient's debilitating medical 
condition or symptoms associated with the qualifying patient's debilitating medical 
condition. 
Sec. 41. 22 MRS A §2427, sub-§4 is enacted to read: 
4. Repeal. This section is repealed January 1, 20 II. 
Sec. 42. 22 MRSA §2428, as enacted by IB 2009, c. 1, §5, is amended to read: 
§2428. Registered dispensaries 
I 
1. Provisions pertaining to primary earegiver apply to nonprofit dispensary. 
All provisions of this chapter pertaining to a primary caregiver apply to a nonprofit 
dispensary unless they conflict '.vith a provision contained in this section. 
I-A. Provisions pertaining to registered dispensary. For the purpose of assisting a 
registered patient who has designated a registered dispensary to cultivate marijuana for 
the patient's medical use, a registered dispensary may in accordance with rules adopted by 
I 7 
the department: 
A. Possess up to 2 112 ounces of prepared marijuana and an incidental amount of 
marijuana for each patient who has designated the dispensary. For the purposes of 
this chapter, any incidental amount of marijuana plants, seeds, stalks and roots, as 
defined by rule adopted by the department, is lawful for a dispensary to possess and 
is not included in the amounts of prepared marijuana specified in this paragraph; 
B. 
Cultivate up to 6 marijuana plants for each patient who has designated the 
dispensary to cultivate the plants on the patient's behalf; 
C. Receive reasonable monetary compensation for costs associated with assisting or 
for cultivating marijuana for a patient who designated the dispensary through the 
department's registration process; and 
D. 
Assist any patient who designated the dispensary through the department's 
registration process to cultivate marijuana with the medical use or administration of 
marijuana. 
2. 
Registration requirements. +h-ts Subject to limitations on the number and 
location of dispensaries in subsection 11 and rules adopted pursuant to this section, this 
subsection governs the registration of a nonprofit dispensary. 
A. 
The department shall register a nonprofit dispensary and issue a registration 
certificate within 30 days to any person or entity that provides: 
(1) A An annual fee paid to the department in the amount of $5,000 as set by 
rule, in an amount not less than $5,000 and not more than $15,000; 
(2) The legal name of the nonprofit dispensary, evidence of incorporation under 
Title 13-8 and evidence that the corporation is in good standing with the 
Secretary of State; 
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(3) The physical address of the nonprofit dispensary and the physical address of 
a maximum of one additional location, if any, where marijuana will be cultivated 
for patients who have designated the dispensary to cultivate for them; 
(4) The name, address and date of birth of each principal officer and board 
member of the nonorofit dispensary; and 
(5) The name, address and date of birth of any person who is an a2:ent of or 
employed by the nonprofit dispensary. 
B. 
The department shaH track, the number of registered qualifying patients who 
designate a nonprofit dispensary as a primary caregiver to cultivate marijuana for 
them and issue to each nonprofit dispensary a written statement of the number of 
qualifying patients who have designated the nonprofit dispensary to cultivate 
marijuana for them. This statement must be updated each time a new registered 
qualif)ring patient designates the nonprofit dispensary or ceases to designate the 
nonprofit dispensary ana. The statement may be transmitted electronically if the 
department's rules so provide. The department may provide by rule that the updated 
written statements may not be issued more frequently than once each week. 
C. 
The department shaH issue each principal officer, board member, agent and 
employee of a nonprofit dispensary a registry identification card within 10 days of 
receipt of the person's name, address and date of birth under paragraph A and a fee in 
an amount established by the department. Each card must specify that the cardholder 
is a principal officer, board member,agent or employee of a nonprofit dispensary and 
must contain: 
(1) The name, address and date of birth of the principal officer, board member, 
agent or employee; 
(2) The legal name of the nonprofit dispensary with which the principal officer, 
board member,agent or employee is affiliated; 
(3) A random identification number that is unique to the cardholder; 
(4) The date of issuance and expiration date of the registry identification card; 
and 
(5) A photograph, if the department decides to require one if required by the 
department. 
D. 
The department may not issue a registry identification card to any principal 
officer, board member, agent or employee of a nonprofit dispensary who has been 
convicted of a fe.kmy disqualifying drug offense. The department may conduct a 
background check of each principal officer, board member, agent or employee in 
order to carry out this provision. 
The department shall notify the nonprofit 
dispensary in writing of the purpose reason for denying the registry identification 
card. 
3. Rules. Not later than 120 days after the effective date of this chapter By July 1, 
2010, the department shall adopt routine technical rules as defined in Title 5, chapter 375, 
COMMITTEE AMENDMENT 
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subchapter 2-A governing the manner in which it considers applications for and renewals 
of registration certificates for nonprofit dispensaries, including rules governing: 
A. The form and content of registration and renewal applications; 
B. Minimum oversight requirements for nonprofit dispensaries and the one permitted 
additional location at which the dispensary cultivates marijuana for medical use by 
registered patients who have designated the dispensary to cultivate for them; 
C. 
Minimum record-keeping requirements for nonprofit dispensaries, including 
recording the disposal of marijuana that is not distributed by the dispensary to 
registered patients who have designated the dispensary to cultivate for them; 
D. 
Minimum security requirements for nonprofit dispensaries and any additional 
location at which the dispensary cultivates marijuana for medical use by registered 
patients who have designated the dispensary to cultivate for them; and 
E. Procedures for suspending or terminating the registration of nonprofit dispensaries 
that violate the provisions of this section or the rules adopted pursuant to this 
subsection. 
4. 
Expiration. A nonprofit dispensary registration certificate and the registry 
identification card for each principal officer, board member, agent or employee expire 
one year after the date of issuance. 
The department shall issue a renewal nonprofit 
dispensary registration certificate and renewal registry identification cards within 10 days 
to any person who complies with the requirements contained in subsection 2. A registry 
identification card of a principal officer, board member, agent or employee expires 10 
days after notification by a nonprofit dispensary that such person ceases to work at the 
nonnrofit dispensary. 
5. Inspection. A nonprofit dispensary and any additional location at which the 
dispensary cultivates marijuana for medical use by registered patients who have 
designated the dispensary to cultivate for them is subject to reasonable inspection by the 
department. The department shall give reasonable notice of may enter the dispensary and 
the one permitted additional location at which the dispensary cultivates marijuana at any 
time, without notice, to carry out an inspection under this subsection. 
6. Registered dispensary requirements. This subsection governs the operations of 
nonnrnfit registered dispensaries. 
A. A nonprofit dispensary must be operated on a not-for-profit basis for the mutual 
benefit of its members and patrons registered patients who have designated the 
dispensary to cultivate marijuana. 
The bylaws of a nonprofit dispensary and its 
contracts with patrons registered patients must contain such provisions relative to the 
disposition of revenues and receipts as may be necessary and appropriate to establish 
and maintain its nonprofit character not-for-profit status. 
A nonprofit dispensary 
need not be recognized as a tax-exempt organization under 26 United States Code, 
Section 50 I (c )(3) fll'lfl but is oot required to incorporate pursuant to Title 13-8 and to 
maintain the corporation in good standing with the Secretary of State. 
B. A nonprofit dispensary may not be located within 500 feet of the property line of 
a preexisting public or private school. 
COMMITTEE AMENDMENT 
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C. A nonprofit dispensary shall notify the department within 10 days of when a 
principal officer, board member, agent or employee ceases to work at the nonnrofit 
dispensary. 
D. A nonprofit dispensary shall notify the department in writing of the name, address 
and date of birth of any new principal officer, board member;-agem or employee and 
shall submit a fee in an amount established by the department for a new registry 
identification card before the new principal officer, board member,agem or employee 
begins working at the nonprofit dispensary. 
E. A nonprofit dispensary shall implement appropriate security measures to deter and 
prevent unauthorized entrance into areas containing marijuana and the theft of 
marijuana at the dispensary and the one permitted additional location at which the 
dispensary cultivates marijuana for medical use by registered patients who have 
designated the dispensary to cultivate for them. 
F. The operating documents of a nonprofit dispensary must include procedures for 
the oversight of the nonprofit dispensary and procedures to ensure accurate record 
keeping. 
G. 
A nonprofit dispensary is prohibited from acquiring, possessing, cultivating, 
manufacturing, delivering, transferring, transporting, supplying or dispensing 
marijuana for any purpose except to assist registered qualifying patients who have 
designated the dispensary to cultivate marijuana for them with the medical use of 
marijuana directly or through the registered qualifying patients' other primary 
caregivers. 
H. 
All principal officers and board members of a nonprofit dispensary must be 
residents of this State. 
I. All cultivation of marijuana must take place in an enclosed, locked facility unless 
the plants are being transported between the dispensary and a location at which the 
dispensary cultivates them, as disclosed to the department in subsection 2, paragraph 
A, subparagraph (3). 
1. 
A dispensary that is required to obtain a license for the preparation of food 
pursuant to section 2167 shall obtain the license prior to preparing goods containing 
marijuana for medical use by a registered patient. 
7. Maximum amount of marijuana to be dispensed. A nonprofit dispensary or a 
principal officer, board member, agent or employee of a nonprofit dispensary may not 
dispense more than 2 112 ounces of ~ 
prepared marijuana to a qualifying registered 
patient or to a primary caregiver on behalf of a qualifying registered patient during a 15-
day period. 
S. Immunity. This subsection governs immunity for a nonprofit dispensary. 
A. 
A nonprofit dispensary may not be subject to prosecution, search, seizure or 
penalty in any manner or denied any right or privilege, including but not limited to a 
civil penalty or disciplinary action by a business or occupational or professional 
licensing board or entity, solely for acting in accordance \vith this section to provide 
usable mariiuana to or to otherwise assist re!!istered aualifvin!! natients to \vhom it is 
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connected through the department's registration process with the medical use of 
marijuana. 
B. Principal officers, board members, agents and employees of a registered nonprofit 
dispensary may not be subject to arrest, prosecution, search, seizure or penalty in any 
manner or denied any right or privilege, including but not limited to a civil penalty or 
disciplina!)' action by a business or occupational or professional licensing board or 
entity, solely for working for or with a nonprofit dispensary to provide usable 
marijuana to or to othervrise assist registered qualirying patients to '>'lhom the 
nonprofit dispensal)' is connected through the department's registration process with 
the medical use of marijuana in accordance with this chapter. 
9. Prohibitions. The prohibitions in this subsection apply to a nonprofit registered 
dispensary. 
A. A nonprofit dispensary may not possess more than 6 live marijuana plants~ 
defined in rules adopted by the department, for each registered qualifying patient who 
has designated the nonprofit dispensary as a prima!)' caregiver and designated that 
the dispensa!)' .. viii be permitted to cultivate marijuana for the registered aualifvin2' 
patient's medical use. 
B. A nonprofit dispensary may not dispense, deliver or otherwise transfer marijuana 
to a person other than a qualifying registered patient who has designated the nonprofit 
dispensary as a prima!)' caregiver to cultivate marijuana for the patient or to the 
patient's other registered primary caregiver. 
C. 
The department shall immediately revoke the registry identification card of a 
principal officer, board member; or employee or agent of a nonprofit dispensary who 
is found to have violated paragraph S, and such a person is disqualified from serving 
as a principal officer, board member; or employee or agent of a nonprofit dispensary. 
D. A person who has been convicted of a .feleny disqualifying drug offense may not 
be a principal officer, board member,ageffi or employee of a nonprofit dispensary. 
(1) A person who is employed by or is an agent, f! principal officer or board 
member of a nonprofit dispensary in violation of this paragraph commits a civil 
violation for which a fine of not more than $1,000 may be adjudged. 
(2) A person who is employed by or is an agent, f! principal officer or board 
member of a nonprofit dispensary in violation of this paragraph and who at the 
time of the violation has been previously found to have violated this paragraph 
commits a Class D crime. 
E. 
A nonprofit dispensary may not acquire ttSahle prepared marijuana or mature 
marijuana plants except through the cultivation of marijuana by that nonprofit 
dispensary either at the location of the dispensary or at the one permitted additional 
location at which the dispensary cultivates marijuana for medical use by registered 
patients who have designated the dispensary to cultivate for them. 
F. A dispensary may not contract for the cultivation of seeds, seedlings or small 
plants or the cultivation, production or preparation of marijuana or food containing 
marijuana for medical use. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 719, L.D. 1811 
10. Local regulation. This chapter does not prohibit a political subdivision of this 
State from limiting the number of nonprofit dispensaries that may operate in the political 
subdivision or from enacting reasonable ~ 
regulations applicable to nonprofit 
dispensaries. 
11. Limitation on number of dispensaries. 
The department shall adopt rules 
limiting the number and location of registered dispensaries. During the first year of 
operation of dispensaries the department may not issue more than one registration 
certificate for a dispensary in each of the 8 public health districts of the department, as 
defined in section 411. After review of the first full year of operation of dispensaries and 
periodically thereafter, the department may amend the rules on the number and location 
of dispensaries. 
Sec. 43. 22 MRS A §2429, sub-§l, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
1. 
Department fails to adopt rules. If the department fails to adopt rules to 
implement this chapter within 120 days of the effective date of this chapter by July 1, 
2010, a qualifying patient may commence an action in Superior Court to compel the 
department to perform the actions mandated pursuant to the provisions of this chapter. 
Sec. 44. 22 MRSA §2429, sub-§3, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
3. Department fails to accept applications. If at any time after the 140 days 
follov .. ing the effective date of this chapter July 1, 2010 the department is not accepting 
applications, including if it has not adopted rules allowing qualifying patients to submit 
applications, a notarized statement by a qualifying patient containing the information 
required in an application, pursuant to section 2425, subsection 1, is deemed a valid 
registry identification card. 
Sec. 45. 22 MRSA §2430 is enacted to read: 
§2430. Medical Use of Marijuana Fund established 
1. Fund established. The Medical Use of Marijuana Fund, referred to in this section 
as "the fund," is established as an Other Special Revenue Funds account in the 
Department of Health and Human Services for the purposes specified in this section. 
2. Sources of fund. The State Controller shall credit to the fund: 
A. All money received as a result of applications and reapplications for registration 
as a qualifying patient, primary caregiver and dispensary; 
B. All money received as a result of applications and reapplications for registry 
identification cards for registered patients, primary caregivers and dispensaries and 
board members, officers and employees of dispensaries; 
C. All penalties and fines assessed for violations of this chapter; 
D. 
All money from any other source, whether public or private, designated for 
deposit into or credited to the fund; and 
E. Interest earned or other investment income on balances in the fund. 
COMMITTEE AMENDMENT 
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3. Uses of the fund. The fund may be used for expenses of the department to 
administer this chapter, as allocated by the Legislature. 
Sec. 46. 22 MRS A §2430-A is enacted to read: 
§2430-A. Compliance 
The department may take action necessary to ensure compliance with this chapter, 
including but not limited to obtaining, possessing and performing laboratory testing on 
marijuana from registered patients, registered primary caregivers and registered 
dispensaries in accordance with this chapter. 
Sec. 47. 26 MRSA §772, sub-§2, as enacted by PL 2003, c. 59, § 1, is amended to 
read: 
I 
2. Rules; list of occupations. The director shall adopt rules to develop and maintain 
a list of occupations not suitable for employment of a minor. The rules must conform as 
far as practicable to the child labor provisions of the federal Fair Labor Standards Act of 
1938,29 United States Code, Section 212 and any associated regulations. The rules must 
also contain a provision provisions prohibiting the employment of minors in places 
having nude entertainment and in registered dispensaries of marijuana for medical use 
authorized under Title 22, chapter 558-C. 
Sec. 48. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 22, chapter 558-C, in the chapter headnote, the words 
"Maine medical marijuana act" are amended to read "Maine medical use of marijuana 
act" and the Revisor of Statutes shall implement this revision when updating, publishing 
or republishing the statutes. 
Sec. 49. Working capital advance. For fiscal year 2010-1 1, the State Controller 
is authorized to advance up to $200,000 from the General Fund to the Medical Use of 
Marijuana Fund, established under the Maine Revised Statutes, Title 22, section 2430 in 
the Department of Health and Human Services, to provide start-up funds for the 
implementation of this Act. 
A minimum of $ 1 00,000 of the funds advanced to the Medical Use of Marijuana 
Fund under this section for fiscal year 2010-11 must be returned to the General Fund on 
or before June 30, 2011. The balance of the funds advanced under this section must be 
returned to the General Fund on or before June 30, 2012. Repayment of the working 
capital advance is considered an expense of the Department of Health and Human 
Services in administering this Act, and funds in the Medical Use of Marijuana Fund may 
be used to repay the working capital advance provided during fiscal year 20 I 0-20 I 1. 
Beginning April I, 2011, the State Controller and the Department of Health and 
Human Services shall report quarterly to the joint standing committees of the legislahlre 
having jurisdiction over health and human services matters and over appropriations and 
financial affairs on the status of funds advanced and repaid under this section. These 
quarterly reports terminate upon full repayment of the advance. 
Sec. 50. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
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Medical Use of Marijuana Fund NI07 
Initiative: Allocates funds for the costs of one Social Services Program Specialist II 
position and one Office Associate II position and other related costs for the 
administration of the Maine Medical Use of Marijuana Act. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
0.000 
$0 
$0 
$0 
2010-11 
2.000 
$177,486 
$73,659 
$251,145 
Sec. 51. Retroactivity. This Act applies retroactively to December 23,2009. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. It adds emergency language to the bill. It clarifies 
definitions and certain terms, including changing the term for marijuana that is used for 
medical 
purposes from 
"usable 
marijuana" 
to 
"prepared 
marijuana," 
changes 
implementation dates to July 1, 2010 and delays repeal of the provisions on affirmative 
defense that apply to qualifying patients and caregivers who do not hold registration 
cards. It adds 3 health care practitioners to the advisory board that will consider adding 
medical conditions, diseases and treatments to the list of qualifying debilitating 
conditions and provides additional confidentiality protections. It provides a physician 
review process for qualifying patients who are minors and allows for the administration 
of marijuana to registered patients in food and in other preparations. The amendment 
resolves a conflict in the bill regarding the rights of visiting registered patients, allowing 
possession of marijuana for medical use for 30 days based on the other jurisdiction's 
registry card while not allowing the visiting qualifying patient to obtain marijuana based 
on that registry card. The amendment prohibits the employment of minors in marijuana 
dispensaries and requires an annual report from the Department of Health and Human 
Services by April 1 st each year. 
The amendment sets the fee for dispensaries, as 
determined by rule adopted by the department, at no less than $5,000 and no greater than 
$15,000 per year. 
The amendment limits the number of dispensaries to one per 
department public health district for the first year, with review by the department after 
one year. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/31/10 wac:.. 
LD 1811 
LR 2611(02) 
An Act To Amend the Maine Medical Marijuana Act 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
Net Cost (Savings) 
General Fund 
$0 
$100,000 
($100,000) 
$0 
( "'\ 
'."--Appropriations/Allocations 
Other Special Revenue Funds 
$0 
$251,145 
$203,605 
$206,286 
Revenue 
Other Special Revenue Funds 
$0 
$251,145 
$203,605 
$206,286 
Transfers 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$0 
$0 
($100,000) 
$100,000 
$100,000 
($100,000) 
$0 
$0 
Provides for the advance of up to $200,000 from the General Fund to a newly created Medical Use of Marijuana Fund 
in the Department of Health and Human Services to provide start-up funds for the implementation of the Medical 
Marijuana Act with the ongoing costs of the Fund to be paid by fees established in the Act. It is assumed that a 
minimum of$100,000 of the General Fund advance will be repaid by June 30,2011, with the balance to be repaid by 
June 30, 2012. 
Provides an allocation of $251,145 in fiscal year 2010-11 for the costs of one Social Services Program Specialist II 
position and one Office Associate II position and other related costs for the administration of the Medical Marijuana 
Act. 
Additional costs to the Department of Labor associated with rulemaking can be absorbed within existing budgeted 
resources. 
LR2611 (02) - Fiscal Note - Page 1 of 1