An Act To Ensure the Integrity of Maine's Medic~ Larijuana Program
Maine Legislature, Session 126, LD 1404
Committee Amendment CA_A_H514 (House)
Amends: 22 MRSA §2422, 22 MRSA §2423, 22 MRSA §2423-A, 22 MRSA §2425

COMMITTEE AMENDMENT "A" to H.P. 1000, L.D. 1404, Bill, "An Act To 
Ensure the Integrity of Maine's Medic~ Larijuana Program" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the foIIowing: 
'Sec. 1. 22 MRSA §2422, sub-§8-A, as enacted by PL 2011, c. 407, Pt. B, §9, is 
amended to read: 
8-A. Primary caregiver. "Primary caregiver" means a person or an employee of 
that 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. 2. 22 MRSA §2423,·A, sub-§l, W, as amended by PL 2011, c. 407, Pt. B, 
§ 16, is further amended to read: 
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 designated as a primary caregiver by a patient and the staff of the provider or 
facility may not be designat,~d to cultivate marijuana for the patient. 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; aM 
COMM/7-TEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to H.P. 1000, L.D. 1404 
Sec. 3. 22 MRSA §2423-A, sub-§I, ~G, as amended by PL 2011, c. 407, Pt. B, 
§ 16, is further amended to read: 
G. Be in the presence or vicinity of the medical use of marijuana and assist any 
qualifying patient with using or administering marijuana7; and 
Sec. 4. 22 MRSA §2423-A, sub-§I, ~ 
is enacted to read: 
H. Accept excess prepared marijuana from a primary caregiver in accordance with 
subsection 2, paragraph H if nothing of value is provided to the primary caregiver. 
Sec. 5. 22 MRSA §2423-A, sub-§2, ~G, as amended by PL 2011, c. 407, Pt. B, 
§ 16, is further amended to read: 
G. Prepare food as defined in section 2152, subsection 4 containing marijuana for 
medical use by a qualifying patient pursuant to section 2152, subsection 4-A and 
section 2167; aad 
Sec. 6. 22 MRSA §2423-A, sub-§2, ~, as enacted by PL 2011, c. 407, Pt. B, 
§ 16, is amended to read: 
H. For the purpose of disposing of excess prepared marijuana, transfer marijuana to a 
registered dispensary, a qualifying patient or another primary caregiver if nothing of 
value is reeehzed provided to the primary caregiver. 
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 collective7: and 
Sec. 7. 22 MRSA §2423-A, sub-§2,,-I is enacted to read: 
I. Employ one person to assist in performing the duties of the primary caregiver. 
Sec. 8. 22 MRSA §2423-A, sub-§3, ~ 
is enacted to read: 
E. A person who is authorized to cultivate marijuana under subsection 1 or 2 and 
who is employed by a primary caregiver pursuant to subsection 2, paragraph I may 
not cultivate that person's own marijuana in the location used for cultivation by the 
primary caregiver who employs that person. 
Sec. 9. 22 MRSA §2425, sub-§I, ~F, as amended by PL 2009, c. 631, §28 and 
affected by §51, is further amended to read: 
F. If the qualifying patient names one or 2 primary caregivers, an indication of which 
person, if any, is designated to cultivate marijuana for the qualifying patient's medical 
use. Only one persofl may be primary caregiver, including an employee of that 
caregiver, is allowed to cultivate marijuana for a registered patient; and 
Sec. 10., 22 MRSA §2425, sub-§4, as amended by PL 2009, c. 631, §31 and 
affected by § 51, is further amended to read: 
4. Primary caregiver registry identification card. The department shall issue a 
registry identification card to each registered primary caregiver, if any, who is named in a 
registered patient's approved application pursuant to subsection 1, paragraph E and, if the 
registered primary caregiver employs an employee pursuant to section 2423-A, 
subsection 2, paragraph I, to that employee. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A" to H.P. 1000, L.D. 1404 
Sec. 11. 22 MRSA §2425, sub-§5, as repealed and replaced by PL 2011, c. 691, 
Pt. A, §21, is amended to read: 
5. 
Registry identification card issuance. 
The department shall issue registry 
identification cards to registered patients, to registered primary caregivers, to employees 
of registered caregivers and to s';aff of hospice providers and nursing facilities 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 except that the date of issuance and expiration date of a registered primary 
caregiver's registry identification card must be the same as the issuance and expiration 
IOdates on the patient's registry identification card. 
Registry identification cards must 
contain: 
A. The name of the cardholder; 
C. The date of issuance and expiration date of the registry identification card; 
D. A random identificationl1umber that is unique to the cardholder; and 
F. A clear designation showing whether the cardholder is allowed under this chapter 
to cultivate marijuana. 
Sec. 12. Adoption of rul'es. The Department of Health and Human Services shall 
adopt rules within its medical u:;e of marijuana program with regard to a person who is 
employed by a primary caregiver pursuant to the Maine Revised Statutes, Title 22, 
section 2423-A, subsection 2, paragraph I to establish an annual registration fee of no less 
than $25 and no more than $50, to require a criminal history record check of the 
employee prior to registration and annually thereafter and to establish a criminal history 
record check fee of no less than S31 and no more than $60.' 
SUMMARY 
This amendment does the following. 
1. It removes from the bill the provision that allows primary caregivers to provide 
services to an unlimited number of patients. 
2. It retains and clarifies th(~ provision of the bill that allows a primary caregiver to 
employ one person to assist the primary caregiver in perfonning the duties of the primary 
caregiver. 
3. It allows a primary caregiver, for the purposes of disposing of excess prepared 
marijuana, to transfer marijuana to a qualifying patient if nothing of value is provided to 
the primary caregiver and allows the patient to accept the excess prepared marijuana. 
4. It directs the Department of Health and Human Services to adopt rules regarding 
employees of primary caregiven; to establish an annual registration fee of no less than 
$25 and no more than $50, to require a criminal history record check prior to registration 
and annually thereafter and to establish a criminal history record check fee of no less than 
$31 and no more than $60. 
FISCAL :\OTE REQUIRED 
(See attached) 
COMMI7-TEE AMENDMENT 
Approved: 06/13/13 p:?ac.. 
LD 1404 
LR 1583(02) 
An Act To Ensure the Integrity of Maine's Medical Marijuana Program 
Fiscal Note for Bill as Amended by Committee Amendment ~{f/ ~ 5/0 
Committee: Health and Human Services 
Fiscal Detail and Notes 
Fiscal'Note Required: Yes 
Fiscal Note 
Minor revenue increase - Other Special Revenue Funds 
Minor cost increase - Other Special Revenue Funds 
An increase in fee revenue for the Maine Medical Marijuana program is assumed to increase Other Special Revenue 
Funds revenue by minor amounts. Any additional costs to the Department of Health and Human Services are 
expected to be minor and can be absorbed within existing budgeted resources. 
LRlS83(02) - Fiscal Note - Page 1 of 1