An Act To
Maine Legislature, Session 125, LD 1296
Committee Amendment CA_A_H615 (House)
Amends: 7 MRSA §483, 22 MRSA §2152, 22 MRSA §2158, 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-B, 22 MRSA §2423-C, 22 MRSA §2423-E, 22 MRSA §2424, 22 MRSA §2425, 22 MRSA §2426, 22 MRSA §2428, 22 MRSA §2429, 22 MRSA §2430-B

COMMITTEE AMENDMENT "B" to H.P. 951, L.D. 1296, Bill, "An Act To 
Amend the Maine Medical Use of Manjuana Act To Protect Patient Privacy" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 7 MRSA §483, first ~, as amended by PL 2009, c. 631, § 1 and affected 
by §51, 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 qualifying 
patient, pursuant to Title 22, chapter 558-C, are not considered to be adulterated under 
this subchapter. 
Sec. A-2. 22 MRSA §2152, sub-§4-A, as amended by PL 2009, c. 631, §4 and 
affected by §51, 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 ++ 8-A, and a registered dispensary, as 
defined in section 2422, subsection 6, that prepare food containing marijuana for medical 
use by a registered qualifying 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 
6101,6102 or 6856; 
COMMITTEE AMENDMENT 
~tb 
~O 
COMMITTEE AMENDMENT" A, to H.P. 951, L.D. 1296 
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; aae 
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~; and 
G. A primary caregiver, as defined in section 2422, subsection 8-A, conducting an 
activity allowed in section 2423-A for a qualifying patient who is a member of the 
family, as defined in section 2422, subsection 5-A, or member of the household, as 
defined in section 2422, subsection 5-B, of the primary caregiver. 
Sec. A-3. 22 MRSA §2158, as amended by PL 2009, c. 631, §5 and affected by 
§5I, 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, 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 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 must be deemed to be unsafe for purposes of the application of section 2156, 
subsection 1, paragraph B. While such a rule is in effect limiting the quantity of any such 
substance in the case of any food, such food 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 articles 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 by a primary caregiver under section 2152, subsection 4-A, paragraph G or in a 
food establishment that is a licensed facility under section 2167 and that contain 
marijuana for medical use by a registered qualifying patient, pursuant to chapter 558-C, 
are not considered to be adulterated under this subchapter. 
PARTB 
Sec. B-1. 22 MRSA §2422, sub-§l-A is enacted to read: 
COMMITTEE AMENDMENT 
"C'b 
~O 
COMMITTEE AMENDMENT "A" to H.P. 951, L.D. 1296 
I-A. Collective. "Collective" means an association, cooperative, affiliation or group 
of primary caregivers who physically assist each other in the act of cultivation, processing 
or distribution of marijuana for medical use for the benefit of the members of the 
collective. 
Sec. B-2. 22 MRSA §2422, sub-§2, ,n, as amended by PL 2009, c. 631, §9 and 
affected by §51, is further amended to read: 
D. Any other medical condition or its treatment approved ey the eommissioner as 
provided for in section 2424, subsection 2. 
Sec. B-3. 22 MRSA §2422, sub-§3, as enacted by IE 2009, c. 1, §5, is amended 
to read: 
3. Enclosed, locked facility. 
"Enclosed, locked facility" means a closet, room, 
building, greenhouse or other enclosed area that is equipped with locks or other security 
devices that permit access only by a eardholder the individual authorized to cultivate the 
marijuana. 
Sec. B-4. 22 MRSA §2422, sub-§§4-A and 4-B are enacted to read: 
4-A. Incidental amount of marijuana. "Incidental amount of marijuana" means an 
amount of nonflowering marijuana plants and marijuana seeds, stalks and roots defined 
by rules adopted by the department. 
4-B. Mature marijuana plant. "Mature marijuana plant" means a harvestable 
female marijuana plant that is flowering. 
Sec. B-S. 22 MRSA §2422, sub-§S, as amended by PL 2009, c. 631, §11 and 
affected by §51, is further 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. B-6. 22 MRSA §2422, sub-§§S-A and S-B are enacted to read: 
S-A. Member of the family. "Member of the family" means a person who is a 
spouse, domestic partner, child, sibling, aunt, uncle, niece, nephew, parent, stepparent, 
grandparent or grandchild of another person. "Member of the family" includes a person 
living with a person as a spouse and a natural parent of a child of a person. 
S-B. Members of the same household. "Members of the same household" means 2 
or more people who share a dwelling unit. 
Sec. B-7. 22 MRSA §2422, sub-§6, as amended by PL 2009, c. 631, §12 and 
affected by §51, is further amended to read: 
6. Registered dispensary. "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 registered qualifying patients who have 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ~"to H.P. 951, L.D. 1296 
designated the dispeasary to cultivate marijuaaa for their medical use and the registered 
primary caregivers of those patients. 
Sec. B-S. 22 MRSA §2422, sub-§6-A, as enacted by PL 2009, c. 631, §13 and 
affected by §51, is repealed. 
Sec. B-9. 22 MRSA §2422, sub-§S-A is enacted to read: 
8-A. Primary caregiver. "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 qualifying patient in accordance with section 2423-A, subsection 2. 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. B-IO. 22 MRSA §2422, sub-§9, as enacted by IB 2009, c. 1, §5, is amended 
to read: 
9. Qualifying patient. "Qualifying patient" or "patient" means a person who has 
been diagnosed by a physician as having a debilitating medical condition and who 
possesses a valid written certification regarding medical use of marijuana in accordance 
with section 2423-B. 
Sec. B-ll. 22 MRSA §2422, sub-§ll, as repealed and replaced by PL 2009, c. 
631, § 16 and affected by §51, is amended to read: 
11. Registered primary caregiver. "Registered primary caregiver" or "primary 
caregiver" means a persoa, a hospice provider liceased uader chapter 1681 or a aUfsiag 
facility liceased uader chapter 405 that provides care for a registered patieHt aad that has 
aeea Hamed ay the patieHt as a primary caregiver to assist with a registered patieat's 
medical use of marijuaaa. A persoa ,tYho is a primary caregiver must ae at least 21 years 
of age aad may Hot ha'Te aeea cowricted of a disqualify-iag drug offease primary caregiver 
who is registered by the department pursuant to section 2425, subsection 4. 
Sec. B-12. 22 MRSA §2422, sub-§12, as amended by PL 2009, c. 631, §17 and 
affected by §51, is further amended to read: 
12. Registered patient. "Registered patient" or "patieat" means a qualifying patient 
who is registered by the department pursuant to section 2425, subsection 1. 
Sec. B-13. 22 MRSA §2422, sub-§13-A is enacted to read: 
13-A. 
Tamper-resistant DaDer. 
"Tamper-resistant paper" means paper that 
possesses an industry-recognized feature that prevents copying of the paper, erasure or 
modification of information on the paper and the use of counterfeit documentation. 
Sec. B-14. 22 MRS A §2422, sub-§14, as repealed and replaced by PL 2009, c. 
631, §19 and affected by §51, is amended to read: 
14. Prepared marijuana. "Prepared marijuana" means the dried leaves and flowers 
of the marijuana plant that require no further processing 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, leaves that are disposed of and 
not dried for use 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fl" to H.P. 951, L.D. 1296 
ingredient or food or drink prepared with marijuana as an ingredient for human 
consumption. 
Sec. B-15. 22 MRSA §2422, sub-§16, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
16. Written certification. "Written certification" means a document on tamper-
resistant paper signed by a physician and statiRg that, that expires in one year and that 
states that in the physician's professional opinion a patient is likely to receive therapeutic 
or palliative benefit from the medical use of marijuana to treat or alleviate the patient's 
debilitating medical condition or symptoms associated with the debilitating medical 
condition. 
A written certification may be made only in the course of a bona fide 
physician-patient relationship after the physician has completed a full assessment of the 
qualifying patient's medical history. The v/ritteR certificatioR must specify the qualifyiRg 
patieRt's debilitatiRg medical cORditioR. 
Sec. B-16. 22 MRSA §2423-A, as enacted by PL 2009, c. 631, §21 and affected 
by §51, is amended to read: 
§2423-A. Authorized conduct for the medical use of marijuana 
1. Qualifying patient. Except as provided in section 2426, a registered qualifying 
patient may: 
A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of 
marijuana as provided in subsection 5; 
B. Cultivate, or designate a primary caregiver to cultivate under paragraph F, up to ~ 
total of 6 mature marijuana plants if the patieflt elects to cultivate and the patieRt has 
flOt desigRated a registered primary caregiver or registered dispeflsary to cultivate 
marijuana Ofl the patieflt's behalf for that qualifying patient. The total number of 
mature marijuana plants per qualifying patient, whether cultivated by the patient or 
by a primary caregiver, may not exceed 6. In addition to the 6 mature marijuana 
plants, the patient who is cultivating the patient's own marijuana may have harvested 
marijuana in varying stages of processing in order to ensure the patient is able to 
maintain supply and meet personal needs. Two or more qualifying patients who are 
members of the same household and cultivating their own marijuana may share one 
enclosed, locked facility for cultivation; 
C. Possess marijuana paraphernalia; 
D. Furnish or offer to furnish to another registered qualifying patient for that persoR's 
patient'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 Designate one person, hospice provider or nursing facility as a primary 
caregiver to assist with the qualifying patient's medical use of marijuana in a 
standardized written document, developed by the department, signed and dated by the 
qualifying patient, including a one-year expiration and the signed acknowledgment of 
the primary caregiver that the primary caregiver may be contacted to confirm the 
designation of the primary caregiver. A 2nd person or hospice provider or nursing 
facility may be Hamed designated as a 2nd primary caregiver if the patient is under 18 
COMMITTEE AMENDMENT 
~co 
~O 
COMMITTEE AMENDMENT "A" to H.P. 951, L.D. 1296 
years of age. The primary caregivers for a patient are determined solely by the 
patient's preference as Harned on the applieation l:lBder seetion 2425, subseetion 1 
except that a parent, guardian or person having legal custody shall serve as a primary 
caregiver for a minor child pursuant to seetion 2425, subseetion 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 designated 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 prifflary earegi',zer or dispensary that fflay eulti'late fflarijuana for a patient is 
deteffflined solely by the patient's desigt'lation on the applieation under seetion 2425, 
subseetion 1 The qualifying patient must designate the primary caregiver or 
registered. dispensary to cultivate for the patient in a standardized written document, 
developed by the department, signed and dated by the qualifying patient, which must 
include a one-year expiration, the total number of mature plants the primary caregiver 
is designated to cultivate and the signed acknowledgment of the primary caregiver 
that the primary caregiver may be contacted to confirm the designation of the primary 
caregiver to cultivate for the patient and the number of mature plants to be cultivated 
and being cultivated for the patient or the signed acknowledgment of a person on 
behalf of the registered dispensary that the registered dispensary may be contacted to 
confirm the designation of the dispensary to cultivate for the patient and the number 
of mature plants to be cultivated and being cultivated for the patient; and 
G. Be in the presence or vicinity of the medical use of marijuana and assist any 
registered qualifying patient with using or administering marijuana. 
2. Primary caregiver. Except as provided in section 2426, a registered primary 
caregiver, for the purpose of assisting a registered qualifying patient who has named 
designated the primary caregiver as provided in seetion 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 qualifying patient who has JlaB:led 
designated the person as a primary caregiver; 
B. Cultivate up to 6 mature marijuana plants for each qualifying patient who has 
designated the primary caregiver to cultivate marijuana on the patient's behalf .. 
subject to the limitation in subsection 1, paragraph B on the total number of plants 
authorized per qualifying patient. 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. In addition to the marijuana plants otherwise authorized 
under this paragraph, a primary caregiver may have harvested marijuana plants in 
varying stages of processing in order to ensure the primary caregiver is able to meet 
the needs of the primary caregiver's qualifying patients; 
C. 
Assist no more than 5 patients at anyone time with their medical use of 
manJuana; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 951, L.D. 1296 
D. Receive reasonable monetary compensation for costs associated with assisting a 
qualifying patient who HameEl designated the primary caregiver through the 
departmeflt's registratiofl process; 
E. Receive reasonable monetary compensation for costs associated with cultivating 
marijuana for a patient who designated the primary caregiver to cultivate marijuana 
through the departmeflt's registratiofl process; 
F. Be in the presence or vicinity of the medical use of marijuana and assist any 
patient with the medical use ef .. administration or preparation of marijuana; arui 
G. Prepare food as defined in section 2152, subsection 4 containing marijuana for 
medical use by a registered qualifying patient if the primary caregiver prepariflg the 
food has obtaifled a liceflse pursuant to section 2152, subsection 4-A and section 
21677; and 
H. For the purpose of disposing of excess prepared marijuana, transfer marijuana to a 
registered dispensary or another primary caregiver if nothing of value is received. A 
primary caregiver who transfers prepared marijuana pursuant to this paragraph does 
not by virtue of only that transfer qualify as a member of a collective. 
3. Cultivation of marijuana. The following provisions apply to the cultivation of 
marijuana by a registered qualifying patient under subsection 1 er and 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 
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. 
e. A primary caregiver designated to cultivate marijuana for a qualifying patient is 
required to register with the department, except that the following primary caregivers 
are not required to register: 
(1) A primary caregiver designated to cultivate for a qualifying patient if that 
qualifying patient is a member of the household of that primary caregiver; 
(2) 
Two primary caregivers who are qualifying patients, if those primary 
caregivers are members of the same household and assist one another with 
cultivation; and 
(3) A primary caregiver who cultivates for a qualifying patient if that qualifying 
patient is a member of the family of that primary caregiver. 
D. Two primary caregivers who are members of the same family or household may 
share the same enclosed, locked facility. 
4. Hospice provider or nursing facility. A registered patient may name a hospice 
provider licensed under chapter 1681 or a nursing facility licensed under chapter 405 to 
serve as a registered primary caregiver. If a hospice provider or nursing facility is named 
COMMITTEE AMENDMENT 
~s 
~O 
COMMlTI'EE AMENDMENT" A" to H.P. 951, L.D. 1296 
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 
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. 
S. Incidental amount of marijuana. For purposes of this section, any incidental 
amount of marijuana plaHts, seeds, stalks and roots, as defined by rule adepted by the 
department, is lawful for a registered qualifying patient or a registered primary caregiver 
to possess and is not included in the amounts of prepared marijuana specified in this 
section. 
6. On site assessments Ily the department. Prior to making an onsite assessment of 
a registered primary earegiver who is designated to eultivate marijuana by 3 or more 
patients at aflj' oee time, the department shall provide 24 hours' notiee to the registered 
primary earegiver. 
7. Collectives prohibited. Collectives are prohibited under this chapter. A person 
may not form or participate in a collective. 
Sec. B-17. 22 MRSA §2423-B, as enacted by PL 2009, c. 631, §22 and affected 
by §51, is repealed and the following enacted in its place: 
§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. 
1. Adult qualifying patient. Prior to providing written certification for the medical 
use of marijuana under this section, a physician shall inform an adult qualifying patient of 
the risks and benefits of the medical use of marijuana and that the patient may benefit 
from the medical use of marijuana. 
2. Minor qualifying patient. Prior to providing written certification for the medical 
use of marijuana by a minor qualifying patient under this section, a physician, referred to 
in this subsection as "the treating physician," shall inform the minor qualifying patient 
and the parent or legal guardian of the patient of the risks and benefits of the medical use 
of marijuana and that the patient may benefit from the medical use of marijuana. Except 
with regard to a minor qualifying patient who is eligible for hospice care, prior to 
providing a written certification under this section, the treating physician shall consult 
with a qualified physician, referred to in this paragraph as "the consulting physician, " 
from a list of physicians who may be willing to act as consulting physicians maintained 
by the department that is compiled by the department after consultation with statewide 
associations representing licensed medical professionals. The consultation between the 
treating physician and the consulting physician may consist of examination of the patient 
or review of the patient's medical file. The consulting physician shall provide an advisory 
opinion to the treating physician arid the parent or legal guardian of the minor qualifying 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" R " 
to H.P. 951, L.D. 1296 
patient concerning whether the patient is likely to receive therapeutic or palliative benefit 
from the medical use of marijuana to treat or alleviate the patient's debilitating medical 
condition. If the department or the consulting physician does not respond to a request by 
a treating physician within 10 days of receipt of the request, the treating physician may 
provide written certification for treatment without consultation with another physician. 
3. 
Expiration. A written certification form for the medical use of marijuana under 
this section expires one year after issuance by the qualifying patient's physician. 
4. 
Form; content. A written certification under this section must be in the form 
required by rule adopted by the department and may not require a qualifying patient's 
physician to state the patient's specific medical condition. 
S. Possible sanctions. 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. B-18. 22 MRSA §2423-C, as enacted by PL 2009, c. 631, §23 and affected 
by §51, is amended to read: 
§2423-C. Authorized conduct 
A person may provide a registered qualifying patient or a registered primary 
caregiver with marijuana paraphernalia for purposes of the registered qualifying 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. B-19. 22 MRS A §2423-D, as enacted by PL 2009, c. 631, §24 and affected 
by §5l, is amended to read: 
§2423-D. Authorized conduct by a visiting qualifying patient 
A visitiag qualifying patient who is visiting the State from another jurisdiction that 
authorizes the medical use of marijuana pursuant to a law recognized by the department 
who possesses a valid registry identifieatioa 6ard or its eqtlivaleat written certification as 
described in section 2423-B from the patient's treating physician and a valid medical 
marijuana certification from that other jurisdiction and photographic identification or a 
driver's license from that jurisdiction may for 30 days after eBteriag the State engage in 
conduct authorized for a registered qualifying patient without having to obtain a registry 
ideBtifieatioa 6ard issued by the departmeat e~(eept that the visitiag qtlalifyiag pEltieat 
may not obtaia in Maiae marijuana for medieal use based oa a registry identifi6atioa eard 
from anotherjurisdietioa under this chapter. 
Sec. B-20. 22 MRSA §2423-E, as enacted by PL 2009, c. 631, §25 and affected 
by §51, is amended to read: 
§2423-E. Requirements 
1. Rights of persons or entities acting 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 aay arrest, prosecution, penalty or disciplinary action, including but not 
limited to a civil penalty or disciplinary action by a business or occupational or 
COMMITTEE AMENDMENT 
l3 
COMMITTEE AMENDMENT"~ "to H.P. 951, L.D. 12% 
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 qualifying 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 or business owner may prohibit the smokirig of marijuana for 
medical purposes on the premises of the landlord or business if the landlord or business 
~ 
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 child as 
set out in Title 19-A, section 1653, subsection 3. 
4. Prohibition on seizure and retention. Except when necessary for an ongoing 
criminal or civil investigation, a law enforcement officer may not seize marijuana that is 
in the possession of a qualifying patient, primary caregiver or registered dispensary as 
authorized by this chapter. A law enforcement officer in possession of marijuana in 
violation of this subsection must return the marijuana within 7 days after receiving a 
\Yfitten request for return by the owner of the marijuana. Notwithstanding the provisions 
of Title 14, chapter 741, if the law enforcement officer fails to return marijuana possessed 
in violation of this subsection within 7 days of receiving a written request for return of the 
marijuana under this subsection, the owner of the marijuana may file a claim in the 
District Court in the district where the owner lives or where the law enforcement officer 
is employed. 
5. 
Requirements for protection. To receive protection under this section for 
conduct authorized under this chapter, a person must: 
A. If the person is a qualifying patient, present upon request of a law enforcement 
officer the original written certification for the patient and the patient's driver's 
license as described under Title 29-A, section 1401 or a nondriver identification card 
as described under Title 29-A, section 1410 or, if the person is a visiting patient under 
section 2423-0, the equivalent proof of identity from the visiting patient's state of 
residence: and 
B. If the person is a primary caregiver, present upon request of a law enforcement 
officer the original written document designating the person as a primary caregiver 
by the qualifying patient under section 2423-A, subsection I, paragraph E or F and 
the primary caregiver's driver's license described under Title 29-A, section 1401 or a 
nondriver identification card as described under Title 29-A, section 1410. 
6. Excess marijuana; forfeiture. A person who possesses marijuana in excess of 
the limits provided in section 2423-A and rules adopted under that section must forfeit the 
COMMITTEE AMENDMENT 
COMMrITEE AMENDMENT "n .. to H.P. 951, L.D. 1296 
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 section 2423-A and rules adopted under that section is a violation as 
follows: 
A. Possession of prepared 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. 
7. Repeat forfeiture. If a cardholder has previously forfeited excess marijuana 
pursuant to subsection 6 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. 
8. Defense for possession of excess marijuana. Except as provided in section 
2426, a qualifying patient may assert the medical purpose for using marijuana as a 
defense to any prosecution involving marijuana possession and may present evidence in 
court that the patient's necessary medical use or cultivation circumstances warranted 
exceeding the amount of marijuana allowed under section 2423-A and was reasonably 
necessary to ensure the uninterrupted availability of marijuana for the purpose of treating 
or alleviating the patient's debilitating medical condition or symptoms associated with the 
patient's debilitating medical condition. 
Sec. B-21. 22 MRSA §2424, sub-§2, as repealed and replaced by PL 2009, c. 
631, §26 and affected by §51, is repealed and the following enacted in its place: 
2. Adding debilitating medical conditions. The department in accordance with 
section 2422, subsection 2, paragraph D shall adopt rules regarding the consideration of 
petitions from the public to add medical conditions or treatments to the list of debilitating 
medical conditions set forth in section 2422, subsection 2. In considering those petitions, 
the department shall provide an opportunity for public hearing of, and an opportunity to 
comment on those petitions. After the hearing, the commissioner shall approve or deny a 
petition within 180 days of its submission. The approval or denial of such a petition 
constitutes final agency action, subject to judicial review. Jurisdiction and venue for 
judicial review are vested in the Superior Court. 
Sec. B-22. 22 MRSA §2424, sub-§3, as amended by PL 2009, c. 631, §27 and 
affected by §51, is further amended to read: 
3. Registry identification cards. Not later thaD July 1, 2010, the 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 designated 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 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" P" to H.P. 951, L.D. 1296 
department may establish a sliding scale of application and renewal fees based upon a 
registered patient's family income and status as a veteran of the Armed Forces of the 
United States. The department may accept donations from private sources in order to 
reduce the application and renewal fees. 
Sec. B-23. 22 MRSA §2425, sub-§2, as amended by PL 2009, c. 631, §29 and 
affected by §51, is further 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: 
lOA. 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; 
B. The parent, guardian or person having legal custody consents in writing to: 
(1) A11O'171 the The qualifying patient's medical use of marijuana; 
(2) 8efve Serving as one of the qualifying patient's registered primary caregivers; 
and 
(3) Control Controlling the acquisition of the marijuana, and the dosage and the 
frequency of the medical use of marijuana by the qualifying patient; and 
C. Except v/ith 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 application 
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 aEl¥isory board established under section 2424, subsection 2 that 
the pediatrician and psychiatrist ha'le reviev/ed the medical file of or examiaed the 
qualifying patient and that in their professional opinions the qualifying patient is 
likely to receive therapeutic or palliati'/e 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 
commissioner's designee fails to approve or disappro'/e a recommendation under this 
paragraph within 10 days of receipt of the statements of the pediatrioian and 
psyohiatrist under this paragraph, the applioation is deemed approved. 
D. The requirements of section 2423-B, subsection 2 have been met. 
Sec. B-24. 22 MRSA §2425, sub-§5, as amended by PL 2009, c. 631, §32 and 
affected by §51, is further amended to read: 
5. 
Registry identification card issuance. 
The department shall issue registry 
identification cards to registered patients, to registered primary caregivers and to staff of 
hospice providers and nursing facilities named designated by registered patients 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: 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A" to RP. 951,1.0. 1296 
A. The name, address aHd date of birth of the patient cardholder; 
B. The flame, address and date of birth of each registered primary caregiver, if any, 
of the patieflt; 
C. The date of issuance and expiration date of the registry identification card; 
D. A random identification number that is unique to the cardholder; and 
E. A photograph, if required by the department; and 
F. For a registered primary caregiver, a A clear designation showing whether the 
cardholder is allowed under this chapter to cultivate marijuana plants for the patient's 
medical use. 
Sec. B-25. 22 MRSA §2425, sub-§7, as repealed and replaced by PL 2009, c. 
631, §33 and affected by §51, is repealed and the following enacted in its place: 
7. Possession of certain documents; application for registry identification card. 
Possession of a registry identification card by a cardholder, the act of applying for such a 
registry identification card, possession of a written certification issued under section 
2423-B or possession of a designation form executed under section 2423-A, subsection 1, 
paragraph E or F is not evidence of unlawful conduct and may not be used to support the 
search of that person or that person's property. The possession of or application for a 
registry identification card or possession of a written certification does not prevent the 
issuance of a warrant if probable cause exists on other grounds. 
Sec. B-26. 22 MRS A §2425, sub-§8, ~A, as amended by PL 2009, c. 631, §34 
and affected by §51, is further amended to read: 
A. Applications and supporting information submitted by qualifying patients and 
registered patients under this chapter, including information regarding their primary 
caregivers and physicians, are confidential. 
Sec. B-27. 22 MRSA §2425, sub-§8, ~~F, G, Hand J, as enacted by PL 2009, 
c. 631, §34 and affected by §51, are amended to read: 
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 qualifying patient, a registered patient, the 
registered patient's physician and the patieflt's registered primary caregi'lers caregiver 
of the qualifying patient or registered patient 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 registered patient's guardian, if 
the patient is under guardianship, or a parent, if the patient has not attained 18 
years of age; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT,,{i .. to H.P. 951, L.D. 1296 
(4) As permitted or required for the disclosure of health care information 
pursuant to section 17II-C; 
(5) To a law enforcement official for law enforcement verification purposes. The 
records may not be disclosed further than necessary to achieve the limited goals 
of a specific investigation; and 
(6) To a registered patient's treating physician and to a registered 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 patient or qualifying 
patient is no longer eligible to use marijuana for medical purposes or that a registered 
patient or qualifying patient falsified information that was the basis of the physician's 
certification of eligibility for use. 
J. 
A hearing concerning the revocation of a registry identification card under 
subsection 3-A is confidential. 
If a registry idef}tificatiof} card is revoked, the 
fif}dif}gs of the hearing and the revocatiof} are ImbUe informatiof}. 
Sec. B-28. 22 MRSA §2425, sub-§9-A is enacted to read: 
9-A. Registration requirement. Registration under this section is voluntary for a 
qualifying patient and for a primary caregiver who is exempt under section 2423-A, 
subsection 3, paragraph C. 
Failure to register under this section does not affect 
authorized conduct for a qualifying patient or for a primary caregiver who is exempt 
under section 2423-A, subsection 3, paragraph C. 
Sec. B-29. 22 MRS A §2425, sub-§10, ,C, as enacted by IB 2009, c. 1, §5, is 
repealed. 
Sec. B-30. 22 MRSA §2426, sub-§1, ~, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
E. Use or possess marijuana if that person does .i§. not ha¥e a debilitating medical 
condition qualifying patient, primary caregiver, registered dispensary or other person 
authorized to use or possess marijuana under this chapter. 
Sec. B-31. 22 MRSA §2426, sub-§3-A is enacted to read: 
3-A. Penalty for fraud. Fraudulent misrepresentation regarding lawful possession 
or medical use of marijuana and fraudulent procurement under this chapter are governed 
by this subsection. 
A. 
A person who misrepresents to a law enforcement official any fact or 
circumstance relating to the possession or medical use of marijuana under this 
chapter to avoid arrest or prosecution commits a civil violation for which a fine of 
$200 must be adjudged. 
B. A qualifying patient who obtains marijuana from more than one source with the 
result that the person receives more than 2 112 ounces of prepared marijuana in a 
15-day period commits a civil violation for which a fine of $200 must be adjudged. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 951, L.D. 1296 
Sec. B-32. 22 MRSA §2428, as amended by PL 2009, c. 631, §42 and affected by 
§51, is further amended to read: 
§2428. Registered dispensaries 
I-A. Provisions pertaining to registered dispensary. For the purpose of assisting a 
registered qualifying 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 the department: 
A. Possess and dispense up to 2 112 ounces of prepared marijuana and possess an 
incidental amount of marijuana for each qualifying patient who has designated the 
dispensary. For the purposes of this chapter, any incidental amount of marijuana 
pltmts, seeds, stalks aad reets, as defiaed by rule ad9flted by the departmeat, is lawful 
for a registered dispensary to possess and is not included in the amounts of prepared 
marijuana specified in this paragraph; 
B. Cultivate up to 6 mature marijuana plants for each patient who has designated the 
dispensary to cultivate the plants on the patient's behalf subject to the limit of 6 
mature plants total for a patient who also cultivates marijuana; 
C. Receive reasonable monetary compensation for costs associated with assisting or 
for cultivating marijuana for a patient who designated the dispensary threugh the 
departmeat's registratiea precess; aad 
D. 
Assist any patient who designated the dispensary threugh the departmeat's 
registratiea precess to cultivate marijuana with the medical use or administration of 
marijuana~; and 
E. 
Obtain prepared marijuana from a primary caregiver under section 2423-A, 
subsection 2, paragraph H. 
2. Registration requirements. 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 dispensary. 
A. The department shall register a dispensary and issue a registration certificate 
within 30 days to any person or entity that provides: 
(1) An annual fee paid to the department as set by rule, in an amount not less 
than $5,000 and not more than $15,000; 
(2) The legal name of the dispensary, evidence of incorporation under Title 13-B 
and evidence that the corporation is in good standing with the Secretary of State; 
(3) 
The physical address of the 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 dispensary; and 
(5) The name, address and date of birth of any person who is employed by the 
dispensary. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" R" to H.P. 951, L.D. 1296 
B. The department shall track the number of registered patients who designate a 
dispensary to cultivate marijuana for them and issue to each dispensary a written 
statement of the number of patients who have designated the dispensary to cultivate 
marijuana for them. This statement must be updated each time a new registered 
patient designates the dispensary or ceases to designate the dispensary. 
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 shall issue each principal officer, board member and employee of 
a 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 or employee of a dispensary and must contain: 
(1) The name, address and date of birth of the principal officer, board member or 
employee; 
(2) The legal name of the dispensary with which the principal officer, board 
member 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 required by the department. 
D. 
The department may not issue a registry identification card to any principal 
officer, board member or employee of a dispensary who has been convicted of a 
disqualifying drug offense. The department may conduct a background check of each 
principal officer, board member or employee in order to carry out this provision. The 
department shall notify the dispensary in writing of the reason for denying the 
registry identification card. 
3. Rules. By July 1, 2010, the The department shall adopt routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A governing the manner in which it 
considers applications for and renewals of registration certificates for dispensaries, 
including rules governing: 
A. The form and content of registration and renewal applications; 
B. 
Minimum oversight requirements for dispensaries and the one permitted 
additional location at which the dispensary cultivates marijuana for medical use by 
registered qualifying patients who have designated the dispensary to cultivate for 
them; 
C. Minimum record-keeping requirements for dispensaries, including recording the 
disposal of marijuana that is not distributed by the dispensary to registered qualifying 
patients who have designated the dispensary to cultivate for them; 
COMMITTEE AMENDMENT 
l3 
COMMITTEE AMENDMENT .. p 
.. to H.P. 951, L.D. 1296 
D. Minimum security requirements for dispensaries and any additional location at 
which the dispensary cultivates marijuana for medical use by registered qualifying 
patients who have designated the dispensary to cultivate for them; and 
E. 
Procedures for suspending or terminating the registration of dispensaries that 
violate the provisions of this section or the rules adopted pursuant to this subsection. 
4. Expiration. A dispensary registration certificate and the registry identification 
card for each principal officer, board member or employee expire one year after the date 
of issuance. The department shall issue a renewal 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 or employee expires 10 days after notification by a dispensary that 
such person ceases to work at the dispensary. 
5. Inspection. A dispensary and any additional location at which the dispensary 
cultivates marijuana for medical use by registered patieflts a qualifying patient who fla¥e 
has designated the dispensary to cultivate for them is the patient are subject to reasonable 
inspection by the department. The department 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 
registered dispensaries. 
A. A dispensary must be operated on a not-for-profit basis for the mutual benefit of 
registered qualifying patients who have designated the dispensary to cultivate 
marijuana. The bylaws of a dispensary and its contracts with registered qualifying 
patients must contain such provisions relative to the disposition of revenues and 
receipts as may be necessary and appropriate to establish and maintain its not-for-
profit status. A dispensary need not be recognized as a tax-exempt organization 
under 26 United States Code, Section 50l(c)(3) but is required to incorporate 
pursuant to Title 13-B and to maintain the corporation in good standing with the 
Secretary of State. 
B. 
A dispensary may not be located within 500 feet of the property line of a 
preexisting public or private school. 
C. A dispensary shall notify the department within lO days of when a principal 
officer, board member or employee ceases to work at the dispensary. 
D. A dispensary shall notify the department in writing of the name, address and date 
of birth of any new principal officer, board member 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 or employee begins working at the 
dispensary. 
E. A 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 qualifying patients who have 
designated the dispensary to cultivate for them. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .oR .. to H.P. 951, L.D. 1296 
F. 
The operating documents of a dispensary must include procedures for the 
oversight of the dispensary and procedures to ensure accurate record keeping. 
G. A 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 for the medical use of marijuana 
directly or through the registered qualifying patients' ether primary caregivers. 
H. All principal officers and board members of a dispensary must be residents of this 
State. 
I. All cultivation of marijuana must take place in an enclosed, locked facility unless 
the marijuana plants are being transported between the dispensary and a location at 
which the dispensary cultivates them the marijuana plants, as disclosed to the 
department in subsection 2, paragraph A, subparagraph (3). 
J. 
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 qualifying patient. 
K. A dispensary shall display the dispensary's registration certificate issued under 
subsection 2, paragraph A in a publicly visible location in the dispensary. 
7. Maximum amount of marijuana to be dispensed. A dispensary or a principal 
officer, board member or employee of a dispensary may not dispense more than 2 112 
ounces of prepared marijuana to a registered qualifying patient who has designated the 
dispensary or to a primary caregiver on behalf of a registered qualifying patient who has 
designated the dispensary during a IS-day period. 
8-A. Immunity. The immunity provisions in this subsection apply to a registered 
dispensary and officers, board members, agents and employees of the dispensary. 
A. A registered dispensary is not subject to prosecution, search, seizure or penalty in 
any manner, including but not limited to a civil penalty or disciplinary action by a 
business or an occupational or professional licensing board or entity, and may not be 
denied any right or privilege solely for acting in accordance with this section to assist 
qualifying patients with the medical use of marijuana in accordance with this chapter. 
B. A principal officer, board member, agent or employee of a registered dispensary 
is not subject to arrest, prosecution, search, seizure or penalty in any manner, 
including but not limited to a civil penalty or disciplinary action by a business or an 
occupational or professional licensing board or entity, and may not be denied any 
right or privilege solely for working for or with a registered dispensary to provide 
prepared marijuana to qualifying patients or to otherwise assist qualifying patients 
with the medical use of marijuana in accordance with this chapter. 
9. Prohibitions. The prohibitions in this subsection apply to a registered dispensary. 
A. 
A dispensary may not possess more than 6 li¥e mature marijuana plants,as 
defif}ed if} rules adsflted 13Y the deflartfflef}t, for each registered qualifying patient who 
has designated the dispensary to cultivate marijuana for the registered qualifying 
COMMITTEE AMENDMENT 
COMMlITEE AMENDMENT .. R 
.. to H.P. 951. L.D. 1296 
patient's medical use subject to a limit of 6 mature plants total for a patient who also 
cultivates marijuana. 
B. 
A dispensary may not dispense, deliver or otherwise transfer marijuana to a 
person other than a registered qualifying patient who has designated the dispensary 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 of a dispensary who is found to have 
violated paragraph B, and such a person is disqualified from serving as a principal 
officer, board member or employee of a dispensary. 
D. A person who has been convicted of a disqualifying drug offense may not be a 
principal officer, board member or employee of a dispensary. 
(1) A person who is employed by or is a principal officer or board member of a 
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 a principal officer or board member of a 
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 dispensary may net only acquire prepared marijuana or marijuana plants ~ 
from a primary caregiver in accordance with section 2423-A, subsection 2, paragraph 
H or through the cultivation of marijuana by that 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 qualifying 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. 
10. Local regulation. This chapter does not prohibit a political subdivision of this 
State from limiting the number of dispensaries that may operate in the political 
subdivision or from enacting reasonable regulations applicable to dispensaries. A local 
government may not adopt an ordinance that is duplicative of or more restrictive than the 
provisions of this Act. An ordinance that violates this subsection is void and of no effect. 
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; however, the number of dispensaries may not be less than 8. 
Sec. B-33. 22 MRSA §2429, sub-§l, as amended by PL 2009, c. 631, §43 and 
affected by § 51, is repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 951, L.D. 1296 
Sec. B-34. 22 MRSA §2429, sub-§3, as amended by PL 2009, c. 631, §44 and 
affected by §51, is repealed. 
Sec. B-3S. 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. 
PARTe 
Sec. C-l. 
Department of Health and Human Services to expunge 
information. Within 60 days following the effective date of this Act, the Department of 
Health and Human Services shall expunge all information in the records of the State's 
medical use of marijuana program indicating a patient's specific medical condition. For 6 
months following the effective date of this Act, cardholders under the Maine Revised 
Statutes, Title 22, section 2425 may request to ·be removed from the registry and have all 
of their information expunged by the State. Expungement must be completed within 60 
days of receipt of a request. Beyond the allotted 6-month time for expungement requests, 
all new and remaining information required for a person to register as a patient or primary 
caregiver must be retained by the State for 6 years. The expungement requirements of 
this section do not apply to a record with respect to which there is a pending law 
enforcement investigation.' 
SUMMARY 
This amendment replaces the bill, but retains most of the substantive provisions of 
the bill. It retains provisions of the bill that allow qualifying patients to use marijuana for 
medical purposes, removes provisions of the bill that increase the amount of marijuana a 
medical marijuana patient may possess, adds provisions requiring treating physicians to 
consult with other physicians before providing written certification for the medical use of 
marijuana for minors who are qualifying patients and adds a requirement that the 
Department of Health and Human Services expunge from the records of the medical 
marijuana registry information on a registered patient's diagnosis and information on 
qualifying patients who request to be removed from the registry. 
FISCAL ~OTE REQt'lRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/06111 frac: 
LD 1296 
LR 794(02) 
An Act To Amend the Maine Medical Use of Marijuana Act To Protect Patient Privacy 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: Health and Human Services 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium revenue decrease - Other Special Revenue Funds 
Minor cost increase - General Fund 
The bill's provisions making patient registration voluntary would likely result in a reduction in revenue collected by 
the Department of Health and Human Services that cannot be determined at the current time. Because the Medical 
program is required to be self-funded, the department would need to decrease costs or increase other fees as a result. 
The additional cost to the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
LR0794(02) - Fiscal Note - Page 1 of 1