An Act To Further Ensure the Provision of Safe Medical Marijuana to Maine Patients
Maine Legislature, Session 126, LD 1674
Committee: Agriculture, Conservation and Forestry
Sponsors: SAVIELLO, DILL, BOYLE, JACKSON, VITELLI, CRAY, GATTINE, ROCHELO, WILLETTE
Amends: 22 MRSA §2423-A, 22 MRSA §2428

Legislative Document 
No. 1674 
S.P. 641 
In Senate, January 8, 2014 
An Act To Further Ensure the Provision of Safe Medical Marijuana 
to Maine Patients 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative DILL of Old Town and 
Senators: BOYLE of Cumberland, JACKSON of Aroostook, VITELLI of Sagadahoc, 
Representatives: CRAY of Palmyra, GATTINE of Westbrook, McCABE of Skowhegan, 
ROCHELO of Biddeford, WILLETTE of Mapleton. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the people of Maine voted in support of access for patients to legal and 
safe medical marijuana in both 1999 and 2009; and 
Whereas, the First Regular Session of the 126th Legislature enacted a law to restrict 
the use of pesticides in the cultivation of marijuana to those exempt from federal 
registration requirements and registered with the Department of Agriculture, 
Conservation and Forestry, Board of Pesticides Control; and 
Whereas, the effect of this law has been to severely restrict the options available to 
persons cultivating marijuana for medical purposes; and 
Whereas, immediate enactment of this Act is necessary to ensure continued access 
to safe medical marijuana for the thousands of Maine patients currently recommended 
this medicine; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2423-A, sub-§2, ¶J, as reallocated by RR 2013, c. 1, §39, is 
repealed and the following enacted in its place: 
J.  Use a pesticide in the cultivation of marijuana.  The following pesticides are the 
only pesticides allowed for use in the cultivation of marijuana: 
(1)  A pesticide that is exempt from the federal registration requirements pursuant 
to 7 United States Code, Section 136w(b) and registered with the Department of 
Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to 
Title 7, section 607; 
(2)  Spinosad; 
(3)  Pyrethrins; 
(4)  Azadirachta indica; 
(5)  Potassium bicarbonate; 
(6)  Sodium bicarbonate; 
(7)  Diatomaceous earth; 
(8)  Soap; 
(9)  Dihydrogen dioxide; 
(10) Sulfur; 
(11) Bacillus thuringiensis; 
(12) Bacillus subtilis; 
(13) Streptomyces lydicus; 
(14) Sesame oil; and 
(15) Bacillus pumilus. 
All pesticides must be used in a manner consistent with best management practices 
approved by the Commissioner of Agriculture, Conservation and Forestry. A 
registered primary caregiver may not in the cultivation of marijuana use a pesticide 
unless the registered primary caregiver or the registered primary caregiver's employee 
is certified in the application of the pesticide pursuant to section 1471-D and any 
employee who has direct contact with treated plants has completed safety training 
pursuant to 40 Code of Federal Regulations, Part 170.130. An employee of the 
registered primary caregiver who is not certified pursuant to section 1471-D and who 
is involved in the application of the pesticide or handling of the pesticide or 
equipment must first complete safety training pursuant to 40 Code of Federal 
Regulations, Part 170.230; and 
Sec. 2.  22 MRSA §2428, sub-§9, ¶G, as enacted by PL 2013, c. 371, §4, is 
repealed and the following enacted in its place: 
G.  The following pesticides are the only pesticides allowed for use in the cultivation 
of marijuana by a registered dispensary: 
(1)  A pesticide that is exempt from the federal registration requirements pursuant 
to 7 United States Code, Section 136w(b) and registered with the Department of 
Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to 
Title 7, section 607; 
(2)  Spinosad; 
(3)  Pyrethrins; 
(4)  Azadirachta indica; 
(5)  Potassium bicarbonate; 
(6)  Sodium bicarbonate; 
(7)  Diatomaceous earth; 
(8)  Soap; 
(9)  Dihydrogen dioxide; 
(10) Sulfur; 
(11) Bacillus thuringiensis; 
(12) Bacillus subtilis; 
(13) Streptomyces lydicus; 
(14) Sesame oil; and 
(15) Bacillus pumilus. 
All pesticides must be used in a manner consistent with best management practices 
approved by the Commissioner of Agriculture, Conservation and Forestry.  A 
registered dispensary may not in the cultivation of marijuana use a pesticide unless at 
least one registered dispensary employee involved in the application of the pesticide 
is certified pursuant to section 1471-D and all other registered dispensary employees 
who have direct contact with treated plants have completed safety training pursuant 
to 40 Code of Federal Regulations, Part 170.130. A registered dispensary employee 
who is not certified pursuant to section 1471-D and who is involved in the application 
of the pesticide or handling of the pesticide or equipment must first complete safety 
training pursuant to 40 Code of Federal Regulations, Part 170.230. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Public Law 2013, chapter 371 prohibited the use of a pesticide in the cultivation of 
medical marijuana unless the pesticide is exempt from federal registration requirements 
and registered with the Department of Agriculture, Conservation and Forestry, Board of 
Pesticides Control.  This bill expands the list of pesticides that may be used by a 
registered primary caregiver or registered dispensary to include other specified pesticides, 
even if those additional pesticides are not exempt from federal registration requirements 
or registered with the Board of Pesticides Control.