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: Health and Human Services
Sponsors: SANDERSON, CRAVEN, FARNSWORTH, GATTINE, WILSON, SAVIELLO
Amends: 22 MRSA §2428

Legislative Document 
No. 1623 
H.P. 1195 
House of Representatives, December 30, 2013 
An Act To Further Protect Patient Access to Safe Medical 
Marijuana by Allowing Dispensaries To Purchase Excess Marijuana 
from Other Dispensaries 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: FARNSWORTH of Portland, GATTINE of Westbrook, WILSON of 
Augusta, Senator: SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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 from a primary caregiver under section 2423-A, 
subsection 2, paragraph H or from another registered dispensary. 
Sec. 2.  22 MRSA §2428, sub-§6, ¶G, as amended by PL 2011, c. 407, Pt. B, 
§32, is further amended to read: 
G.  A Except for the purchase from or sale to another registered dispensary of excess 
prepared marijuana, 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. 
Sec. 3.  22 MRSA §2428, sub-§6, ¶L is enacted to read: 
L.  If a dispensary has excess prepared marijuana, the dispensary may sell that excess 
prepared marijuana to another registered dispensary. 
Sec. 4.  22 MRSA §2428, sub-§9, ¶B, 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 or to the patient's primary caregiver except that a dispensary 
may sell and purchase excess prepared marijuana to and from another registered 
dispensary. 
Sec. 5.  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 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 or by purchase from another registered dispensary that has excess 
prepared marijuana. 
SUMMARY 
Under the Maine Medical Use of Marijuana Act, a registered dispensary may obtain 
prepared marijuana only from a primary caregiver.  This bill allows registered 
dispensaries to purchase and sell excess prepared marijuana from and to each other.