An Act To Amend the Medical Marijuana Law Regarding Excess Harvested Marijuana
Maine Legislature, Session 126, LD 1423
Committee: Health and Human Services
Sponsors: HICKMAN, DION, GERZOFSKY
Amends: 22 MRSA §2423-A, 22 MRSA §2423-E, 22 MRSA §2428

Legislative Document 
No. 1423 
H.P. 1011 
House of Representatives, April 17, 2013 
An Act To Amend the Medical Marijuana Law Regarding Excess 
Harvested Marijuana 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HICKMAN of Winthrop.  (BY REQUEST) 
Cosponsored by Representative: DION of Portland, Senator: GERZOFSKY of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2423-A, sub-§1, ¶D, as amended by PL 2011, c. 407, Pt. B, 
§16, is further amended to read: 
D.  Furnish or offer to furnish excess prepared marijuana for reasonable 
compensation to a primary caregiver or a registered dispensary or to another 
qualifying patient for that patient's medical use of marijuana up to 2 1/2 ounces of 
prepared marijuana if nothing of value is offered or transferred in return; 
Sec. 2.  22 MRSA §2423-A, sub-§2, ¶H, 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 for 
reasonable compensation to a registered dispensary, a qualifying patient or another 
primary caregiver if nothing of value is received.  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 collective. 
Sec. 3.  22 MRSA §2423-A, sub-§7, as enacted by PL 2011, c. 383, §1, is 
repealed. 
Sec. 4.  22 MRSA §2423-A, sub-§8, as enacted by PL 2011, c. 383, §1, is 
repealed. 
Sec. 5.  22 MRSA §2423-E, sub-§6, as enacted by PL 2011, c. 407, Pt. B, §20, is 
repealed. 
Sec. 6.  22 MRSA §2428, sub-§1-A, ¶E, as enacted by PL 2011, c. 407, Pt. B, 
§32, is amended to read: 
E.  Obtain prepared marijuana for reasonable compensation from a qualifying patient 
under section 2423-A, subsection 1, paragraph D or a primary caregiver under section 
2423-A, subsection 2, paragraph H. 
Sec. 7.  22 MRSA §2428, sub-§9, ¶E, as amended by PL 2011, c. 407, Pt. B, §32, 
is further amended to read: 
E.  A dispensary may only acquire prepared marijuana or marijuana plants only from 
a qualifying patient in accordance with section 2423-A, subsection 1, paragraph D or 
a primary caregiver in accordance with section 2423-A, subsection 2, paragraph H or 
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. 
SUMMARY 
Under the Maine Medical Use of Marijuana Act, a person who is authorized to 
possess marijuana is limited in the amount of marijuana seedlings, marijuana plants or 
prepared marijuana that the person may possess.  A person who exceeds the specified 
limits must forfeit the excess amount to a law enforcement officer.  A 2nd violation 
results in the forfeiture of all marijuana in the possession of that person and the 
revocation of the person's registry identification card.  A primary caregiver may transfer 
excess marijuana to a registered dispensary or another caregiver but only if nothing of 
value is received in return. 
This bill allows a qualifying patient or primary caregiver who possesses excess 
marijuana to sell the excess marijuana to a qualifying patient, primary caregiver or 
registered dispensary for reasonable compensation.  This bill also removes the penalties 
for possession of excess marijuana.