An Act To Maintain Access to Safe Medical Marijuana
Maine Legislature, Session 126, LD 1531
Committee: Agriculture, Conservation and Forestry
Sponsors: SAVIELLO
Amends: 22 MRSA §2423-A, 22 MRSA §2428

Legislative Document 
No. 1531 
S.P. 578 
In Senate, May 14, 2013 
An Act To Maintain Access to Safe Medical Marijuana 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
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. 
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, thousands of Maine residents suffer from one of the debilitating medical 
conditions for which medical marijuana is currently allowed for treatment, including 
cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune 
deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation 
of Alzheimer's disease and nail-patella syndrome, among others; 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, ¶B, as amended by PL 2011, c. 407, Pt. B, 
§16, is further amended to read: 
B.  Cultivate up to 6 mature marijuana plants for each qualifying patient who has 
designated the primary caregiver to cultivate marijuana on the patient's behalf, 
subject to the limitation in subsection 1, paragraph B on the total number of plants 
authorized per qualifying patient.  A primary caregiver may not use a pesticide on 
marijuana being cultivated for a patient unless the pesticide has been approved for 
such use by the Department of Agriculture, Conservation and Forestry, Board of 
Pesticides Control.  A primary caregiver may not cultivate marijuana for a patient 
unless the patient has designated the primary caregiver for that purpose and the 
patient has not designated a registered dispensary to cultivate marijuana for the 
patient's medical use.  In addition to the marijuana plants otherwise authorized under 
this paragraph, a primary caregiver may have harvested marijuana plants in varying 
stages of processing in order to ensure the primary caregiver is able to meet the needs 
of the primary caregiver's qualifying patients; 
Sec. 2.  22 MRSA §2428, sub-§9, ¶G is enacted to read: 
G.  A dispensary may not use a pesticide on marijuana being cultivated for a patient 
unless the pesticide has been approved for such use by the Department of 
Agriculture, Conservation and Forestry, Board of Pesticides Control. 
Sec. 3.  Authorized pesticides for use in medical marijuana cultivation.  
The Department of Agriculture, Conservation and Forestry, Board of Pesticides Control 
shall establish and make publicly available a list of minimum risk pesticides authorized 
for use in the cultivation of medical marijuana.  The authorized pesticides must be 
exempt from federal regulation under the Federal Insecticide, Fungicide and Rodenticide 
Act, Section 25(b).  The board shall publish the list no later than 30 days following the 
effective date of this section.  Action taken by the board pursuant to this section is not 
rulemaking for purposes of the Maine Revised Statutes, Title 5, chapter 375. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill prohibits the use of pesticides in the cultivation of medical marijuana unless 
the pesticide is authorized by the Department of Agriculture, Conservation and Forestry, 
Board of Pesticides Control.  The bill directs the board to establish, for authorized use in 
the cultivation of medical marijuana, a list of minimum risk pesticides that are exempt 
from federal regulation under the Federal Insecticide, Fungicide and Rodenticide Act, 
Section 25(b).