An Act To
Maine Legislature, Session 125, LD 1159
Committee Amendment CA_A_H541 (House)
Amends: 22 MRSA §2423-A, 22 MRSA §2425, 22 MRSA §2430-B

COMMITTEE AMENDMENT "/1,, to H.P. 857, L.D. 1159, Bill, "An Act To 
Amend the Identification Requirements under the Maine Medical Use of Marijuana Act" 
Amend the bill by inserting after the enacting clause the following: 
'Sec. 1. 22 MRSA §2423-A, sub-§§7 and 8 are enacted to read: 
7. Excess marijuana; forfeiture. A person who possesses marijuana seedlings, 
marijuana plants or prepared marijuana in excess of the limits provided in this section and 
rules adopted under this section must forfeit the excess amounts to a law enforcement 
officer. 
The law enforcement officer is authorized to remove all excess marijuana 
seedlings, marijuana plants and prepared marijuana in order to catalog the amount of 
excess marijuana. Possession of marijuana in excess of the limits provided in this section 
and rules adopted under this section is a violation as follows: 
A. Possession of marijuana in an excess amount up to 2 112 ounces is a violation of 
section 2383: and 
B. Possession of marijuana in an excess amount over 2 112 ounces is a violation of 
Title 17 -A, chapter 45. 
8. Repeat forfeiture. If a cardholder has previously forfeited excess marijuana 
pursuant to subsection 7 and a subsequent forfeiture occurs, the department shall revoke 
the registry identification card of the cardholder and the entire amount of marijuana 
seedlings, marijuana plants and prepared marijuana must be forfeited to a law 
enforcement officer. The department shall adopt rules to implement this subsection. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 22 MRSA §2425, sub-§8, ~G, as enacted by PL 2009, c. 631, §34 and 
affected by § 51, is amended to read: 
G. 
Records maintained by the department pursuant to this chapter that identify 
applicants for a registry identification card, registered patients, registered primary 
COMMITTEE AMENDMENT 
R.OfS. 
COMMITTEE AMENDMENT" n" to H.P. 857, L.D. 1159 
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 or subpoena issued by a court; 
(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; 
(5) To a law enforcement official for law enforcement purposes. The records 
may not be disclesed further 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.' 
Amend the bill by adding after section 2 the following: 
'Sec. 3. 22 MRSA §2430-B is enacted to read: 
§2430-B. Admissibility of records 
A certificate, signed by the commissioner or the commissioner's designee, stating 
what the records of the department show on any given matter related to this chapter is 
admissible in evidence in all courts of this State to prove what the records of the 
department are on that matter. Upon testimony of a law enforcement officer that the 
certificate and records were obtained by that law enforcement officer from the 
department, the court shall admit that certificate and those records as evidence without 
any further foundation or testimony. If the department stores records in a computer or 
similar device, a printout or other output readable by sight of information stored in the 
department's computer or similar device, certified by the commissioner or the 
commissioner's designee as an accurate reflection of the stored information, is admissible 
in evidence to prove the content of the records. 
Sec. 4. Rules. The Department of Health and Human Services shall adopt rules 
allowing primary caregivers who register under the Maine Revised Statutes, Title 22, 
section 2425, subsection 5 to substitute a new qualifying patient who designates the 
primary caregiver for a former qualifying patient who has rescinded designation of the 
same primary caregiver. The rules must require that application for the new patient be 
filed within 10 days of rescission by the former patient and must: 
A. Allow the substitution of a new patient in place of a former patient; 
B. Specify that registration of the primary caregiver continues in full effect without 
interruption; 
C. Prorate the fees paid by the primary caregiver; and 
D. Authorize a reasonable fee for issuance of a new registry identification card to the 
primary caregiver.' 
COMMITTEE AMENDMENT 
· RoOf S. 
COMMITTEE AMENDMENT" p" to H.P. 857, L.D. 1159 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds to the bill provisions on forfeiture for excess marijuana, 
allowing the use in court of certified copies of marijuana registry records and rulemaking 
on fees paid by primary caregivers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31111 hac:.. 
LD 1159 
LR 1269(02) 
An Act To Amend the Identification Requirements under the Maine Medical Use of Marijuana Act 
Fiscal Note for Bill as Amended by Committee Amendment "f}-
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Health and Human Services can be absorbed within existing budgeted 
resources. 
LR1269(02) - Fiscal Note - Page 1 of 1