An Act To Clarify and Correct Provision;, of the Maine Medical Use of Marijuana Act
Maine Legislature, Session 126, LD 1462
Committee Amendment CA_A_H465 (House)
Amends: 22 MRSA §24, 22 MRSA §2428

COMMITTEE AMENDMENT" A" to H.P. 1047, L.D. 1462, Bill, "An Act To 
Clarify and Correct Provision;, of the Maine Medical Use of Marijuana Act" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §24:B-A, sub-§3, "A and B, as enacted by PL 2009, c. 631, 
§21 and affected by §51, are amended to read: 
A. A patient who electH 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. 
Access to the cultivation facility is limited to the patient, except that emergency 
services personnel or a person who needs to gain access to the cultivation facility in 
order to perform repairs or maintenance or to do construction may access the 
cultivation facility to provide those professional services while under the direct 
supervision of the patient 
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 ca.regiver's own property in order to cultivate them. 
The 
primary caregiver shall use a numerical identification system to enable the primary 
caregiver to identify marijuana plants cultivated for a patient. 
Access to the 
cultivation facility is limited to the primary caregiver, except that emergency medical 
services personnel or a person who needs to gain access to the cultivation facility in 
order to perform repairs or maintenance or to do construction may access the 
cultivation facility to provide those professional services while under the direct 
supervision of the primarv caregiver. 
Sec. 2. 22 MRSA §2428, sub-§6, ,1, as amended by PL 2011, c. 407, Pt. B, §32, 
is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1047, L.D. 1462 
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 the marijuana plants, as disclosed to the department 
in subsection 2, paragraph A, subparagraph (3). The dispensary shall use a numerical 
identification system to enable the dispensary to track marijuana plants from 
cultivation to sale and to track prepared marijuana obtained pursuant to section 
2423-A, subsection 2, paragraph H from acquisition to sale. Access to the cultivation 
facility is limited to a cardholder who is a principal officer, board member or 
employee of the dispensary when acting in that cardholder's official capacity, except 
that emergency services personnel or a person who needs to gain access to the 
cultivation facility in order to perform repairs or maintenance or to do construction 
may access the cultivation facility to provide professional services while under the 
direct supervision of a cardholder who is a principal officer, board member or 
employee of the dispensary. 
Sec. 3. 
Department of Health and Human Services to amend rules 
regarding primary caregivers and registered dispensaries. The Department of 
Health and Human Services shall amend its rules governing the medical use of marijuana 
in Rule Chapter 122 to remove the requirement that a primary caregiver or registered 
dispensary have a tag on each marijuana plant and to adopt a rule requiring the use of a 
numerical identification system that satisfies the requirements of the Maine Revised 
Statutes, Title 22, section 2423-A, subsection 3, paragraph B for primary caregivers and 
the requirements of Title 22, section 2428, subsection 6, paragraph I for registered 
dispensaries.' 
SUMMARY 
This amendment replaces the bill. The amendment allows access to a cultivation 
facility by emergency services personnel and by a person who needs to gain access in 
order to perform repairs or maintenance or to do construction, but only under the direct 
supervision of a cardholder who is allowed access to the cultivation facility. 
The 
amendment requires a primary caregiver or dispensary that cultivates marijuana to use a 
numerical identification system and requires the Department of Health and Human 
Services to amend the rules on primary caregivers and dispensaries to implement the 
numerical identification system requirement. 
FISCAL ~OTE REQllRED 
. 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/1 0/13 ;tvac 
LD 1462 
LR 1876(02) 
An Act To Clarify and Correct Provisions of the Maine Medical Use of Marijuana Act 
Fiscal Note for BiU as Amended by Committee Amendment it' (H ~ tf.lo '5 ) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Department of Health and Human Services are expected to be minor and can be absorbed 
within existing budgeted resources. 
LR1876(02) - Fiscal Note - Page 1 of 1