An Act To Further Protect Patient Access to Safe Medical Marijuana by Allowing Dispensaries To Purchase Excess Marijuana from Other Dispensaries
Maine Legislature, Session 126, LD 1623
Committee Amendment CA_A_H691 (House)
Amends: 22 MRSA §2428

COMMITTEE AMENDMENT" A " to H.P. 1195, L.D. 1623, Bill, "An Act To 
Further Protect Patient Access to Safe Medical Marijuana by Allowing Dispensaries To 
Purchase Excess Marijuana from Other Dispensaries" 
Amend the bilI by striking out everything after the title and before the summary and 
inserting the following: 
'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 First Regular Session of the 1 26th Legislature enacted a law to pennit 
a registered primary caregiver to sell up to a total of 2 pounds of excess prepared 
marijuana annually to registered dispensaries; and 
Whereas, the purchase by a dispensary of up to 2 pounds of excess prepared 
marijuana per primary caregiver could not realistically meet the demands of patients at a 
dispensary if that dispensary suffered a crop failure or other unforeseen disaster; and 
Whereas, immediate enactment of this Act is necessary to ensure continued access 
to safe marijuana for medical use for the thousands of Maine patients who currently hold 
written certificates from their physicians and who purchase their prepared marijuana from 
dispensaries; 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 MRS A §2422, sub-§3-A is enacted to read: 
3-A. 
Extended inventory supply interruption. 
"Extended inventory supply 
interruption II means any circumstance that: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to H,P, 1195, L.D, 1623 
A. 
Requires a registered dispensary to limit for more than a 2-week period the 
amount that a patient may purchase to less than 2 112 ounces during a IS-day period; 
or 
B, Prevents a registered dispensary from consistently offering for a 2-week period or 
longer a full range of strains of marijuana, including but not limited to strains rich in 
cannabidiol, to a patient. 
Sec. 2. 22 MRSA §2428, sub-§l-A, ~E, as enacted by PL 2011, c, 407, Pt. B, 
§32, is amended to read: 
E, 
Obtain prepared marijuana from a primary caregiver under section 2423-A, 
subsection 2, paragraph H or from another registered dispensary for the purposes of 
addressing an extended inventory supply interruption under subsection 6, paragraph 
G, 
Sec. 3. 22 MRS A §2428, sub-§6, ~G, as amended by PL 2011, c, 407, Pt, B, 
§32, is further amended to read: 
G, A dispensary is prohibited from acquiring, possessing, cultivating, manufacturing, 
delivering, transferring, transporting, supplying or dispensing marijuana for any 
purpose except to assist qualifying patients who have designated the dispensary to 
cultivate marijuana for them for the medical use of marijuana directly or through the 
qualifying patients' primary caregivers, to obtain prepared marijuana as provided in 
subsection I-A, paragraph E or to provide prepared marijuana as provided in 
paragraph L and subsection 9, paragraph B, 
Sec. 4. 22 MRSA §2428, sub-§6, ~ 
is enacted to read: 
L. A dispensary may provide excess prepared marijuana to another dispensary that is 
experiencing an extended inventory supply interruption, 
Sec. 5. 22 MRSA §2428, sub-§9,,s, as amended by PL 2011, c, 407, Pt. B, §32, 
is further amended to read: 
B. A dispensary may not dispense, deliver or otherwise transfer marijuana to a 
person other than a qualifying patient who has designated the dispensary to cultivate 
marijuana for the patient eF~ to the patient's primary caregiver or to a dispensary as 
provided in subsection 6, paragraphs G and L. 
Sec. 6. 22 MRSA §2428, sub-§9, ~E, as corrected by RR 2013, c. 1, §41, is 
amended to read: 
E. A dispensary may acquire prepared marijuana only from a primary caregiver in 
accordance with section 2423-A, subsection 2, paragraph H or K eF~ 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 qualifying patients who have designated the dispensary to 
cultivate for them or from a dispensary as provided in subsection I-A, paragraph E. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 4" to H.P. 1195, L.D. 1623 
SUMMARY 
This amendment replaces the bill. This amendment adds an emergency preamble and 
emergency clause. This amendment defines "extended inventory supply interruption" 
and, in the event of an extended inventory supply interruption, allows a dispensary to 
obtain prepared marijuana from another dispensary and provide prepared marijuana to 
another dispensary. 
COMMITTEE AMENDMENT