An Act To Establish Fees under the Maine Medical Use of Marijuana Act
Maine Legislature, Session 126, LD 0480
Committee Amendment CA_A_H512 (House)
Amends: 22 MRSA §2424, 22 MRSA §2425, 22 MRSA §242, 22 MRSA §2428

COMMITTEE AMENDMENT "A" to H.P. 330, L.D. 480, Bill, "An Act To 
Establish Fees under 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 §2424, sub-§3, as amended by PL 2011, c. 407, Pt. B, §22, is 
further amended to read: 
3. Registry identification cards. The department shall adopt rules governing the 
manner in which it considers applications for and renewals of registry identification cards 
for registered patients, registered primary caregivers, principal officers, board members 
and employees of dispensaries and staff of hospice providers and nursing facilities 
designated as primary caregivers. The department's rules must require the submission of 
an application, must require replacement of a registry identification card that has been 
lost, destroyed or stolen or that contains information that is no longer accurate and must 
establish application and renewal fees that generate revenues sufficient to offset all 
expenses of implementing and administering this chapter and that are consistent with the 
provisions of section 2425, subsection 12. 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 I.n order to reduce the application and renewal fees. 
Sec. 2. 
MRSA §2425, sub-§1, ~, as enacted by IE 2009, c. 1, §5, is 
repealed. 
Sec. 3. 22 MRSA §2425, sub-§1-A is enacted to read: 
I-A. Criminal history record check. An applicant for a registry identification card 
who is a primary caregiver or who is a principal officer, board member or employee of a 
registered dispensary must undergo a criminal history record check annually. 
Sec. 4. 22 MRSA §2425, sub-§3, as enacted by IE 2009, c. 1, §5, is amended to 
read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A .. to H.P. 330, L.D. 480 
3. Department approval or denial. The department shall verify the information 
contained in an application or renewal submitted pursuant to this section and shall 
approve or deny an application or renewal within 30.days of receiving it. The department 
may deny an application or renewal only if the applicant did not provide the information 
required pursuant to this section or the department determines that the applicant does not 
qualify for a registry identification card or that the information provided was falsified. 
. Rejection of an application or renewal is considered a final agency action, subject to 
judicial review. Jurisdiction and venue for judicial review are vested in the Superior 
Court. 
Sec. 5. 22 MRSA §2425, sub-§6, as enacted by IE 2009, c. 1, §5, is amended to 
read: 
6. Notification of changes in status or loss of card. This subsection governs 
notification of changes in status or the loss of a registry identification card. 
A. A registered qualifying patient shall notify the department within 10 days of any 
change in the registered qualifying patient's name, address, primary caregiver or 
preference regarding who may cultivate marijuana for the registered qualifying 
patient, if the registry identification card is no longer accurate, if the change renders 
the registry identification card inaccurate or if the registered qualifying patient ceases 
to have a debilitating medical condition. 
B. A registered qualifying patient who fails to notify the department as required 
under paragraph A commits a civil violation for which a fine of not more than $150 
may be adjudged. If the registered qualifying patient's certifying physician notifies 
the department in writing that the registered qualifying patient has ceased to suffer 
from a debilitating medical condition, the registered qualifying patient's registry 
identification card becomes void upon notification by the department to the 
qualifying patient. 
C. A registered primary caregiver shall notify the department if the card of the 
registered primary caregiver is no longer accurate within 10 days of the event that 
caused the inaccuracy and of any change in the caregiver's name or address within 10 
days of such change. A registered primary caregiver who fails to notify the 
department of any of these changes commits a civil violation for which a fine of not 
more than $150 may be adjudged. 
D. When a registered qualifying patient or registered primary caregiver notifies the 
department of any changes listed in this subsection, the department shall issue the 
registered qualifying patient and each registered primary caregiver a new registry 
identification card within 10 days of receiving the updated information and a--$-W the 
fee required by subsection 12, paragraph E. 
E. When a registered qualifying patient changes the patient's registered primary 
caregiver, the department shall notify the old primary caregiver within 10 days. The 
old primary caregiver's protections as provided in this chapter expire 10 days after 
notification by the department. 
F. 
If a cardholder loses the cardholder's registry identification card, the cardholder 
shall notify the department and submit a--$-l-G the fee required by subsection 12, 
paragraph E within 10 days of losing the card. Within 5 days after such notification, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~, to H.P. 330, L.D. 480 
the department shall issw~ a new registry identification card with a new random 
identification number. 
Sec. 6. 22 MRSA §242~;, sub-§12 is enacted to read: 
12. Registration and related fees. The department by rule shall establish fees in 
accordance with this subsection. 
The fees must be credited to the Medical Use of 
Marijuana Fund pursuant to section 2430. Rules adopted pursuant to this subsection are 
routine technical rules as definl~d in Title 5, chapter 375, subchapter 2-A. 
A. There is no annual fee to register a qualifying patient. 
B. Primary caregiver fees are as follows. 
(1) There is no annua: fee to register a primary caregiver who does not cultivate 
marijuana for a qualifying patient. 
(2) 
There is an annual fee to register a primary caregiver who has been 
designated to cultivate marijuana under subsection 2423-A, subsection 1, 
paragraph F. The fee must be not less than $50 and not more than $300 for each 
qualifying patient who has designated the primary caregiver. 
(3) 
There is no fee for a registered primary caregiver to register for the 
remainder of the registration period a new qualifying patient in place of a former 
qualifying patient who has revoked the designation of the primary caregiver. 
C. There is an annual fet~ to register a dispensary of not less than $5,000 and not 
more than $15,000. There is a fee to change the location of a registered dispensary or 
the location at which a re:gistered dispensary cultivates marijuana of not less than 
$3,000 and not more than $5,000. 
D. There is an annual fee to register a principal officer, board member or employee 
of a registered dispensary of not less than $25 and not more than $50. The fee must 
be paid by the registered dispensary. 
E. There is a fee to replace a registry card that has been lost, stolen or destroyed or a 
card that contains information that is no longer accurate of not less than $10 and not 
more than $20. 
F. There is an annual fee for a criminal history record check for a primary caregiver 
or a principal officer, board member or employee of a registered dispensary of not 
less than $31 and not more than $60. The fee must be paid by the primary caregiver 
or by the registered dispensary for a principal officer, board member or employee of 
the registered dispensary. 
G. There is a fee for laboratory testing of marijuana that is cultivated, harvested, 
processed, prepared or provided by a registered primary caregiver or registered 
dispensary of not less than $50 and not more than $300 per test sample. 
Beginning January 2014 and every 2 years thereafter, the department shall review the 
balance in the Medical Use of Marijuana Fund established under section 2430. If the 
balance in the Medical Use of Marijuana Fund exceeds $400,000, the department shall 
reduce the fees established under paragraphs B and C for a 2-year period beginning with 
the calendar year following the review. 
COMMI'TTEE AMENDMENT 
c 
COMMITTEE AMENDMENT "A" to H.P. 330, L.D. 480 
Sec. 7. 22 MRSA §2428, sub-§2, ~A, as amended by PL 2009, c. 631, §42 and 
affected by § 51, is further amended to read: 
~ 
A. The department shall register a dispensary and issue a registration certificate or 
renew 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 pursuant to section 2425, subsection 12, 
paragraph C; 
(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. 
If a 
registered dispensary changes the physical location of the dispensary or the 
location at which it cultivates marijuana, the dispensary shall notify the 
department on a location change form provided by the department, pay a change 
fee as established in section 2425, subsection 12, paragraph C and obtain a new 
registration certificate from the department; 
(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. 
Sec. 8. 22 MRSA §2428, sub-§2, ~, as amended by PL 2009, c. 631, §42 and 
affected by §51, is further amended to read: 
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 shall conduct a baekground 
criminal history record check of each principal officer, board member or employee on 
an annual basis in order to carry out this provision. +he If the department determines 
not to issue a registry identification card for a principal officer, board member or 
employee, the department shall notify the dispensary in writing of the reason for 
denying the registry identification card.' 
SUMMARY 
This amendment replaces the bill. 
The amendment strikes the application and 
renewal fees for a medical use of marijuana registry identification card for a qualifying 
patient. It requires that a registered dispensary file notice and pay a fee when it changes 
the location of the dispensary or the location at which it cultivates marijuana. The 
amendment organizes the fees payable to the medical use of marijuana program into one 
subsection of law, establishes a fee for out-of-date cards and a laboratory testing fee and 
establishes the range within which the Department of Health and Human Services must 
establish fees by adopting routine technical rules. 
The amendment clarifies that 
registered primary caregivers and the principal officers, board members and employees of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 330, L.D. 480 
registered dispensaries must undergo annual criminal history record checks. 
The 
amendment provides for review of the balance in the Medical Use of Marijuana Fund and 
'e, 3 
provides for adjustment of the annual fees charged to registered caregivers and registered 
dispensaries. 
FISCA.L ~OTE REQLlRED 
(See attached) 
COMMrrTEE AMENDMENT 
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Approved: 06/13/13 
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126thMAINE LEGISLATURE 
LD480 
LR 931(02) 
An Act To Establish Fees under the Maine Medical Use of Marijuana Act 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,~ C H 
~ 510 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium revenue decrease - Other Special Revenue Funds 
The bill's changes to the fees and fee structure funding the Maine Medical Marijuana Program, in particular the cap on 
the balance in the Medical Use of Marijuana Fund of $400,000, are expected to result in a decrease in fee revenue fo' 
the program. The magnitude and timing of the reduction in fee revenue cannot be determined at this time. 
LR093 1(02) - Fiscal Note - Page 1 of 1