An Act To
Maine Legislature, Session 126, LD 1739
Committee Amendment CA_B_H714 (House)
Amends: 22 MRSA §2422

COMMITTEE AMENDMENT "3,, to H.P. 1245, L.D. 1739, Bill, "An Act To 
Amend the Maine Medical Use of Marijuana Act" 
Amend the bill by striking out all of section 2 (page 1, lines 9 to 13 in L.D.) and 
inserting the following: 
'Sec. 2. 22 MRSA §2422, sub-§4-C is enacted to read: 
4-C. Medical provider. 
"Medical provider" means a physician or a certified nurse 
practitioner.' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 22 MRSA §2422, sub-§ 14, as amended by PL 2011, c. 407, Pt. B, § 14, is 
further amended to read: 
14. Prepared marijuana. "Prepared marijuana" means the dried leaves and flowers 
and the by-products of the dried leaves and flowers of the marijuana plant that require no 
further processing and any mixture or preparation of those dried leaves and flowers and 
by-products, including but not limited to tinctures, ointments and other preparations, but 
does not include the seeds, stalks, leaves that are disposed of and not dried for use and 
roots of the plant and does not include the ingredients, other than marijuana, in tinctures, 
ointments or other preparations that include marijuana as an ingredient or food or drink 
prepared with marijuana as an ingredient for human consumption. "Prepared marijuana" 
does not include hashish as defined in Title 17-A, section 1101, subsection 5.' 
Amend the bill by striking out all of section 7 (page 2, lines 4 to 21 in L.D.) 
Amend the bill in section 13 in subsection 8 in paragraph G in subparagraph (5) in 
the last line (page 5, line 5 in L.D.) by striking out the following: "and" and inserting the 
following: 'and' 
Amend the bill in section 13 in subsection 8 in paragraph G in subparagraph (6) in 
the last line (page 5, line 8 in L.D.) by striking out the following: '".; and" and inserting 
the following: '.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~" to H.P. 1245, L.D. 1739 
Amend the bill in section 13 in subsection 8 in paragraph G by striking out all of 
subparagraph (7) (page 5, lines 9 to 11 in L.D.) 
Amend the bill in section 13 in subsection 8 by inserting at the end the following: 
'L. Notwithstanding any provision of this subsection to the contrary, the department 
shall comply with Title 36, section 175.' 
Amend the bill by striking out all of sections 15 to 17 (page 5, lines 36 to 40 and page 
6, lines 1 to 7 in L.D.) 
Amend the bill by striking out all of sections 19 and 20 (page 6, lines 13 to 38 and 
'Sec. 19. 22 MRS A §2430-A, as enacted by PL 2009, c. 631, §46 and affected by 
§51, is repealed and the following enacted in its place: 
§2430-A. Compliance 
The department may take action necessary to ensure compliance with this chapter, 
including, but not limited to, collecting, possessing, transporting and performing 
laboratory testing on soil and marijuana plant samples and samples of products containing 
marijuana from registered primary caregivers and registered dispensaries to determine 
compliance with this chapter and for evidence purposes. The department shall adopt 
rules to implement this section. 
Rules adopted pursuant to this section are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. Notwithstanding the 
provisions of Title 5, section 8073, rules adopted pursuant to this section may not be 
adopted on any basis or implemented before review and approval by the Legislature. 
Sec. 20. 
Framework for processing, documenting and investigating 
complaints regarding the Maine Medical Use of Marijuana Act. 
The 
Department of Health and Human Services shall develop a framework for processing, 
documenting and investigating complaints concerning the implementation of the Maine 
Medical Use of Marijuana Act. The department shall review mechanisms for processing, 
documenting and investigating complaints and shall report its recommendations to the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters by December 1, 2014. The department shall include in its report whether 
enacting new laws or authorizing new rules, either routine technical or major substantive, 
is required to implement the recommendations of the department.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the committee. This amendment replaces 
the bill. It makes the following changes to the bill: 
1. The amendment adds an amendment to the definition of "prepared marijuana" to 
include the by-products of leaves and flowers and a statement that prepared marijuana 
does not include hashish; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMEN~" to H.P. 1245, L.D. 1739 
2. The amendment removes from the bill provisions that would have changed the 
commissioner with responsibility for best practices in pest management from the 
Commissioner of Agriculture, Conservation and Forestry to the Commissioner of Health 
and Human Services; 
3. The amendment adds to the provisions on confidentiality in the medical use of 
marijuana program that the confidentiality provisions do not prevent the Department of 
Health and Human Services from complying with the Maine Revised Statutes, Title 36, 
section 175. The amendment strikes from the bill a provision that would have created an 
exception to confidentiality for release by the department to Maine Revenue Services for 
taxation compliance purposes; 
4. 
The amendment removes from the bill provisions on complaint investigation, 
penalties, injunctive relief and attorney's fees and costs. 
The amendment retains 
provisions in the bill allowing the department to ensure compliance, including, but not 
limited to, laboratory testing on soil, marijuana plant samples and samples of products. 
The amendment directs the department to adopt major substantive rules and delays 
implementation of the rules until they have been reviewed and approved by the 
Legislature; and 
5. The amendment directs the Department of Health and Human Services to develop 
a framework for processing, documenting and investigating complaints concerning the 
implementation of the Maine Medical Use of Marijuana Act. It directs the department to 
review mechanisms for processing, documenting and investigating complaints and to 
report its recommendations to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters by December I, 2014. 
The 
amendment directs the department to include in its report whether enacting new laws or 
authorizing new rules, either routine technical or major substantive, is required to 
implement the recommendations of the department. 
FISCAL XOTE REQUIRED 
(S~~~!ac~~~) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/17114 ?d'ac.. 
LD 1739 
LR 2535(03) 
An Act To Amend the Maine Medical Use of Marijuana Act 
~ 
Fiscal Note for Bill as Amended by Committee Amendment :f5,[ti -1 I ~ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Department of Health and Human Services are expected to be minor and can be absorbed 
within existing budgeted resources. 
LR2535(03) - Fiscal Note - Page 1 of 1