An Act To Amend the Maine Medical Use of Marijuana Act To Protect Patient Privacy
Maine Legislature, Session 125, LD 1296
Committee: Health and Human Services
Sponsors: SANDERSON, TRAHAN, CELLI, CHIPMAN, CRAFTS, HARVELL, MALABY, MORISSETTE, O'CONNOR, SIROCKI
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-D, 22 MRSA §2423-E, 22 MRSA §2424, 22 MRSA §2425, 22 MRSA §2426, 22 MRSA §2428, 22 MRSA §2430

Legislative Document 
No. 1296 
H.P. 951 
House of Representatives, March 24, 2011 
An Act To Amend the Maine Medical Use of Marijuana Act To 
Protect Patient Privacy 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Cosponsored by Senator TRAHAN of Lincoln and 
Representatives: CELLI of Brewer, CHIPMAN of Portland, CRAFTS of Lisbon, HARVELL 
of Farmington, MALABY of Hancock, MORISSETTE of Winslow, O'CONNOR of Berwick, 
SIROCKI of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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 qualified patient, 
pursuant to Title 22, chapter 558-C, are not considered to be adulterated under this 
subchapter. 
Sec. 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 11 8-A, and a registered dispensary, as 
defined in section 2422, subsection 6, that prepare food containing marijuana for medical 
use by a registered qualified 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; 
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.; 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 family or 
household member of the primary caregiver. For purposes of this paragraph, "family 
or household member" has the same meaning as in Title 19-A, section 4002, 
subsection 4. 
Sec. 3.  22 MRSA §2158, as amended by PL 2009, c. 631, §5 and affected by §51, 
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 qualified patient, pursuant to chapter 558-C, are 
not considered to be adulterated under this subchapter. 
Sec. 4.  22 MRSA §2422, sub-§2, ¶D, 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 by the commissioner as 
provided for in section 2424, subsection 2 qualifying patient’s physician pursuant to 
section 2423-B. 
Sec. 5.  22 MRSA §2422, sub-§3, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
3.  Enclosed, locked facility. "Enclosed, locked facility" means a closet, room, 
building, greenhouse, fenced region or other enclosed area that is equipped with locks a 
lock or other security devices device that permit permits access only by a cardholder 
authorized personnel. 
Sec. 6.  22 MRSA §2422, sub-§4-A is enacted to read: 
4-A.  Incidental amount of marijuana.  "Incidental amount of marijuana" means 
any amount of nonflowering marijuana plants, flowering marijuana plants that are 12 
inches or less in height and 12 inches or less in width and marijuana leaves, seeds, stalks 
and roots. 
Sec. 7.  22 MRSA §2422, sub-§4-B is enacted to read: 
4-B.  Mature marijuana plant.  "Mature marijuana plant" means a harvestable 
female marijuana plant that is flowering and is greater than 12 inches in height and 12 
inches in diameter. 
Sec. 8.  22 MRSA §2422, sub-§5, 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. 9.  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 
designated the dispensary to cultivate marijuana for their medical use and the registered 
primary caregivers of those patients.   
Sec. 10.  22 MRSA §2422, sub-§6-A, as enacted by PL 2009, c. 631, §13 and 
affected by §51, is repealed. 
Sec. 11.  22 MRSA §2422, sub-§8-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 and that has been designated in a written document signed 
and dated by the patient as a primary caregiver to assist with the qualifying 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. 12.  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 has received 
the physician's written certification recommending medical use of marijuana. 
Sec. 13.  22 MRSA §2422, sub-§11, 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 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 primary caregiver 
who is registered by the department pursuant to section 2425, subsection 4. 
Sec. 14.  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 "patient" means a qualifying patient 
who is registered by the department pursuant to section 2425, subsection 1. 
Sec. 15.  22 MRSA §2422, sub-§13-A is enacted to read: 
13-A.  Tamper-resistant paper.  "Tamper-resistant paper" means paper that 
possesses an industry-recognized feature that prevents: 
A.  Copying of the paper; 
B.  Erasure or modification of information on the paper; or 
C.  The use of counterfeit documentation. 
Sec. 16.  22 MRSA §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 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. 17.  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 Obtain and possess up to 2 1/2 ounces a 2-month supply of prepared 
marijuana and an incidental amount of marijuana as provided in subsection 5 in an 
amount not to exceed 10 ounces. A qualifying patient may possess an incidental 
amount of marijuana, which is not included in the amount of prepared marijuana 
allowed in this paragraph; 
B.  Cultivate up to 6 mature 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. In addition to the 6 mature marijuana 
plants, the patient who is cultivating the patient's own marijuana may have one or 
more mature marijuana plants in varying stages of processing or cultivation in order 
to ensure the patient is able to maintain supply and meet personal needs.  If 2 or more 
cohabitating qualifying patients cultivate their own marijuana, the cohabitating 
patients may share the same cultivation area; 
C.  Possess marijuana paraphernalia; 
D.  Furnish or offer to furnish to another registered qualifying patient for that person'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 in a written document signed and dated by the qualifying patient.  A 2nd 
person or hospice provider or nursing facility may be named designated 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 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 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 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 section 2425, subsection 1, paragraph E, 
may: 
A.  Possess Obtain and possess up to 2 1/2 ounces a one-month supply not to exceed 
ounces of prepared marijuana and an incidental amount of marijuana as provided in 
subsection 5 for each qualifying patient who has named designated the person as a 
primary caregiver; 
B.  Cultivate up to 6 mature marijuana plants each for each patient up to 5 qualifying 
patients who has have 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.  In addition to the marijuana plants otherwise authorized under this paragraph, a 
primary caregiver may have mature marijuana plants in varying stages of processing 
or cultivation 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 any one time with their medical use of 
marijuana; 
D.  Receive reasonable monetary compensation for costs associated with assisting a 
qualifying patient who named designated the primary caregiver through the 
department's registration 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 department's registration process; 
F.  Be in the presence or vicinity of the medical use of marijuana and assist any 
qualifying patient with the medical use or, administration or preparation of 
marijuana; and 
G.  Prepare food as defined in section 2152, subsection 4 containing marijuana for 
medical use by a registered qualifying patient if the primary caregiver preparing the 
food has obtained a license pursuant to section 2152, subsection 4-A and section 
2167.; and 
H.  For the purpose of disposing of excess prepared marijuana, receive reasonable 
compensation for the transfer of marijuana to a registered dispensary or primary 
caregiver. 
3.  Cultivation of marijuana.  The following provisions apply to the cultivation of 
marijuana by a registered patient under subsection 1 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 If a primary caregiver who has been designated by a patient more than 2 
qualifying patients to cultivate marijuana for the patient's patients' medical use, the 
primary caregiver must keep all marijuana plants in an enclosed, locked facility 
unless the marijuana plants are being transported because the primary caregiver is 
moving or taking the marijuana 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 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 
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. 
5.  Incidental amount of marijuana.  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 qualifying 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 any one time, the department shall provide 24 hours' notice to the registered 
primary caregiver. 
Sec. 18.  22 MRSA §2423-B, as enacted by PL 2009, c. 631, §22 and affected by 
§51, is amended 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. 
Prior to providing written certification for the medical use of marijuana under this 
section, a physician shall inform 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. A written 
certification for the medical use of marijuana under this section must be written on 
tamper-resistant paper. A written certification for the medical use of marijuana under this 
section expires one year after issuance by the patient's physician. 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. 19.  22 MRSA §2423-C, as enacted by PL 2009, c. 631, §23 and affected by 
§51, is amended to read: 
§2423-C.  Authorized conduct by anyone for the medical use of marijuana 
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. 20.  22 MRSA §2423-D, as enacted by PL 2009, c. 631, §24 and affected by 
§51, is amended 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 qualifying 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. 21.  22 MRSA §2423-E, as enacted by PL 2009, c. 631, §25 and affected by 
§51, is amended 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 acting pursuant to this chapter.  A person whose 
conduct is authorized under this chapter, including a physician under section 2423-B, 
may not be denied any right or privilege or be subjected to any arrest, prosecution, 
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 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 smoking of marijuana for 
medical purposes on the premises of the landlord or business if the landlord or business 
owner 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.  Law enforcement department or state agency may not seize or possess 
marijuana.  Except in the case when it is necessary for an ongoing criminal or civil 
investigation, a law enforcement officer, law enforcement department, state agency or 
employee of the State may not seize marijuana that is in the lawful possession of a 
qualifying patient, primary caregiver or registered dispensary as authorized by this 
chapter.  A law enforcement officer, law enforcement department, state agency or 
employee of the State in possession of marijuana in violation of this subsection must 
return the marijuana within 7 days after receiving written request for return by the owner 
of the marijuana.  Notwithstanding the provisions of Title 14, chapter 741, if the law 
enforcement officer, law enforcement department, state agency or employee of the State 
fails to return marijuana possessed in violation of this subsection after 7 days of receiving 
a written request to return 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, law enforcement department, state agency or employee of the 
State is located.  
5.  Conditions ordered by a court.  In imposing conditions relating to a criminal 
sentence, bail, probation, continuance, deferred disposition or dispositional order, a court 
may permit the use of medical marijuana under this chapter.  This subsection does not 
require the accommodation of on-site medical marijuana use in a correctional facility. 
6.  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 copy of the certification by a physician for the person to use 
medical marijuana under section 2423-B and official proof of identity, including a 
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 
resident of another state, the equivalent proof of identify from that state; 
B.  If the person is a primary caregiver, present upon request of a law enforcement 
officer the original copy of the designation as a primary caregiver by the qualifying 
patient required under section 2423-A, subsection 1, paragraph E and official proof of 
identity, including a driver's license 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 
resident of another state, the equivalent proof of identify from that state. 
Sec. 22.  22 MRSA §2424, sub-§2, as repealed and replaced by PL 2009, c. 631, 
§26 and affected by §51, is repealed. 
Sec. 23.  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 than 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 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. 24.  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: 
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 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 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 
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. 25.  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 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: 
A.  The name, address and date of birth of the registered patient; 
B.  The name, address and date of birth of each registered primary caregiver, if any, 
of the registered 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; and 
F.   For a registered primary caregiver, a clear designation showing whether the 
cardholder is allowed under this chapter to cultivate marijuana plants for the 
registered patient's medical use. 
Sec. 26.  22 MRSA §2425, sub-§7, as repealed and replaced by PL 2009, c. 631, 
§33 and affected by §51, is amended to read: 
7.  Possession of or application for registry identification card or possession of a 
written certification 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, or possession of a written certification issued under section 2423-B 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. 27.  22 MRSA §2425, sub-§8, as amended by PL 2009, c. 631, §34 and 
affected by §51, is further 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 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. 
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 registered patient's 
physician and the registered 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 registered 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 upon 
presentation of a valid search warrant. The records may not be disclosed further 
than necessary to achieve the limited goals of a specific investigation satisfy the 
warrant; 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. 
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 purposes 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. 
L.  If a cardholder ceases to be registered under this section for any reason, the 
department must purge all information concerning the cardholder, including 
information regarding any qualifying patient or primary caregiver of the cardholder, 
within 30 days of the termination of the registered status of the cardholder. The 
department shall notify a cardholder that the cardholder's information has been 
purged within 7 days of purging the cardholder's information pursuant to this 
paragraph. 
M.  The department shall maintain a log of persons requesting registration 
information under this subsection.  The log required by this paragraph must contain 
the name and agency of the requestor and the information requested.  A person who 
is the subject of an information request under this paragraph may view and copy the 
portion of the log relating to the person during ordinary department hours upon 
providing official proof of identity or may receive a copy of the portion of the log 
relating to the person upon written request and official proof of identity. 
Sec. 28.  22 MRSA §2425, sub-§9-A is enacted to read: 
9-A.  Registration voluntary.  Registration under this section is voluntary.  Failure 
to register under this section does not affect the authorized conduct for a qualifying 
patient or primary caregiver under section 2423-A. 
Sec. 29.  22 MRSA §2425, sub-§10, ¶C, as enacted by IB 2009, c. 1, §5, is 
repealed. 
Sec. 30.  22 MRSA §2426, sub-§1, ¶E, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
E.  Use or possess marijuana if that person does is not have a debilitating medical 
condition qualifying patient, primary caregiver, registered dispensary or other person 
authorized to use or possess marijuana under this chapter. 
Sec. 31.  22 MRSA §2426, sub-§3-A is enacted to read: 
3-A.  Penalty for fraudulent representation.  A person who makes a fraudulent 
representation to a law enforcement official of 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 in addition to any 
other penalty that may apply for making a false statement or for the possession or use of 
marijuana other than possession or use pursuant to this chapter. 
Sec. 32.  22 MRSA §2428, as amended by PL 2009, c. 631, §42 and affected by 
§51, is further amended to read: 
§2428.  Registered dispensaries 
1-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 Obtain, possess and dispense up to 2 1/2 ounces a one-month supply not 
to exceed 5 ounces of prepared marijuana and 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 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 mature 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. 
For purposes of this subsection, any incidental amount of marijuana is lawful for a 
registered dispensary to possess and is not included in the amounts of prepared marijuana 
specified in this subsection. 
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; 
and 
(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. 
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 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; 
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 expires 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 patients a qualifying patient who have 
has designated the dispensary to cultivate for them the patient is 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 501(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 10 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. 
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 the medical use of marijuana directly 
or through the registered qualifying patients' other 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 1/2 
ounces of prepared marijuana to a registered qualifying patient or to a primary caregiver 
on behalf of a registered patient during a 15-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 may not be 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, or 
denied any right or privilege solely for acting in accordance with this section or 
otherwise assisting qualifying patients with the medical use of marijuana. 
B.  A principal officer, board member, agent or employee of a registered dispensary 
may not be 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, or 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 live mature marijuana plants, as 
defined in rules adopted by the department, for each registered qualifying patient who 
has designated the dispensary to cultivate marijuana for the registered qualifying 
patient's medical use. 
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 not acquire prepared marijuana or marijuana plants except from 
a patient or caregiver 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 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 political 
subdivision of the State may not adopt any order, ordinance, rule or regulation concerning 
the sale, purchase, purchase delay, transfer, ownership, use, possession, bearing, 
transportation, licensing, permitting, registration or taxation of medical marijuana or any 
other matter pertaining to medical marijuana other than the regulations allowed in this 
subsection. 
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 as long as the number of dispensaries is not less than 8. 
Sec. 33.  22 MRSA §2430, sub-§2, ¶B, as enacted by PL 2009, c. 631, §45 and 
affected by §51, is amended to read: 
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; 
SUMMARY 
This bill amends the Maine Medical Use of Marijuana Act to protect patient privacy. 
The bill provides for expanded access and optional registration under the Act. The bill 
does the following: 
1.  It allows a physician to determine whether a condition requires the use of medical 
marijuana. 
2.  It amends the definition of "enclosed, locked facility." 
3.  It defines "mature marijuana plant." 
4.  It clarifies the definition of "qualifying patient" and removes the requirement of 
registration for certain authorized conduct of the patient. 
5.  It creates a definition for "primary caregiver." 
6.  It allows patients who cultivate their own marijuana to possess, beyond 6 mature 
marijuana plants, other marijuana plants in various stages of cultivation or processing. 
7.  It allows a primary caregiver to possess, beyond 6 mature marijuana plants for 
each of 5 qualifying patients of the caregiver, other marijuana plants in various stages of 
cultivation or processing. 
8.  It requires the use of an enclosed, locked facility only if marijuana is grown for 3 
or more qualifying patients. 
9.  It allows a primary caregiver to sell excess marijuana to a marijuana dispensary 
and for dispensaries to contract out marijuana cultivation. 
10.  It removes the requirement that a patient who cultivates marijuana plants keep 
the plants in an enclosed, locked facility. 
11.  It removes the registration requirements for a hospice provider or nursing facility 
named as a patient’s primary caregiver. 
12.  It removes the registration requirements for visiting qualifying patients. 
13.  It clarifies that a person may not be subject to arrest or prosecution for engaging 
in conduct authorized by the Maine Medical Use of Marijuana Act. 
14.  It prohibits a law enforcement officer, law enforcement department, state agency 
or employee of the State from seizing or possessing marijuana in the lawful possession of 
a qualifying patient, primary caregiver or dispensary. 
15.  It allows a business owner to prohibit smoking medical marijuana on the 
business's premises. 
16.  It allows a sliding scale registration fee based upon a patient’s status as a veteran 
of the Armed Forces of the United States. 
17.  It removes the registration requirement that the Commissioner of Health and 
Human Services approve the registration application. 
18.  It removes the requirement that registration cards contain an applicant's address 
and date of birth. 
19.  It clarifies that possession of a written certification from a physician prescribing 
use of medical marijuana cannot be used as evidence of unlawful conduct or be the basis 
for a search of the patient. 
20.  It requires that the records of a patient no longer registered as a medical 
marijuana user be purged and requires that the patient be notified of the purge of 
information. 
21.  It removes the requirement of listing the nature of the debilitating conditions of 
registered patients in the annual report of the registration process by the Department of 
Health and Human Services to the Legislature. 
22.  It clarifies that registration is voluntary and failure to register does not affect the 
authorized conduct for a qualifying patient or primary caregiver. 
23.  It allows for a civil penalty for a person making a fraudulent representation 
relating to the possession or medical use of marijuana under the Maine Medical Use of 
Marijuana Act. 
24.  It allows a marijuana dispensary to obtain and possess up to 5 ounces of 
marijuana for each patient of the dispensary. 
25.  It removes the registration requirement of listing the name, address and date of 
birth for each principal officer, board member and employee of a marijuana dispensary or 
issuing registration cards to those individuals. 
26.  It provides for immunity for marijuana dispensaries and their principal officers, 
board members and employees. 
27.  It prohibits a political subdivision of the State from enacting any law or 
ordinance concerning use of medical marijuana other than reasonable rules concerning 
the locations of marijuana dispensaries. 
28.  It requires the Department of Health and Human Services to amend rules to 
retain at least 8 marijuana dispensaries throughout the State. 
29.  It requires a written certification by a physician recommending use of medical 
marijuana to be written on tamper-resistant paper. 
30.  It allows a primary caregiver to assist a qualifying patient in the preparation of 
marijuana. 
31.  It exempts from the definition of "food establishment" a primary caregiver who 
prepares medical marijuana for use by a qualifying patient who is a family or household 
member of the primary caregiver. 
32.  It requires a designation of a primary caregiver from a qualifying patient to be in 
a written document signed and dated by the qualifying patient. 
33.  It requires a physician to advise a patient of the risks and benefits of the use of 
medical marijuana and that the patient may benefit from the use of medical marijuana 
prior to issuing a certification prescribing the use of medical marijuana. 
34.  It allows a patient to grow marijuana for personal use and designate a primary 
caregiver or registered dispensary. 
35.  It allows a court to permit the use of medical marijuana while imposing 
conditions of a criminal sentence, bail, probation, continuance or other dispositional 
order. 
36.  It includes dispensing in conduct allowed by a registered dispensary. 
37.  It requires a registered dispensary to display its certificate issued by the 
Department of Health and Human Services in a publicly visible location in the 
dispensary. 
38.  It clarifies that physicians are protected for conduct authorized by the Maine 
Medical Use of Marijuana Act. 
39.  It requires a qualifying patient or primary caregiver to provide, upon request by a 
law enforcement officer, official proof of identification and the original copy of the 
physician's certification or qualifying patient's designation of primary caregiver. 
40.  It requires the Department of Health and Human Services to maintain a log of 
requests to view registration information, including the name and agency of the requestor, 
and allows a person whose information is subject to an information request to copy or 
receive copies of portions of the log relating to that request.