An Act To Amend the Maine Medical Use of Marijuana Act
Maine Legislature, Session 126, LD 1739
Committee: Health and Human Services
Sponsors: DION, HAMPER, GATTINE, HICKMAN
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-B, 22 MRSA §2423-D, 22 MRSA §2425, 22 MRSA §2426, 22 MRSA §2428, 22 MRSA §2430-A

Legislative Document 
No. 1739 
H.P. 1245 
House of Representatives, January 21, 2014 
An Act To Amend the Maine Medical Use of Marijuana Act 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DION of Portland. 
Cosponsored by Senator HAMPER of Oxford and 
Representatives: GATTINE of Westbrook, HICKMAN of Winthrop. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2422, sub-§1-B is enacted to read: 
1-B.  Certified nurse practitioner. "Certified nurse practitioner" means a registered 
professional nurse licensed under Title 32, chapter 31 who has received postgraduate 
education designed to prepare the nurse for advanced practice registered nursing in a 
clinical specialty in nursing that has a defined scope of practice and who has been 
certified in the clinical specialty by a national certifying organization acceptable to the 
State Board of Nursing and who is a qualifying patient's primary care provider. 
Sec. 2.  22 MRSA §2422, sub-§§4-C and 4-D are enacted to read: 
4-C.  Kief.  "Kief" means the tetrahydrocannabinol crystals and hairs from cannabis 
plants that have been extracted by scraping or shaking or another method. 
4-D.  Medical provider.  "Medical provider" means a physician or a certified nurse 
practitioner. 
Sec. 3.  22 MRSA §2422, sub-§9, as amended by PL 2011, c. 407, Pt. B, §10, is 
further amended to read: 
9.  Qualifying patient.  "Qualifying patient" or "patient" means a person who has 
been diagnosed by a physician medical provider as having a debilitating medical 
condition and who possesses a valid written certification regarding medical use of 
marijuana in accordance with section 2423-B. 
Sec. 4.  22 MRSA §2422, sub-§16, as amended by PL 2011, c. 407, Pt. B, §15, is 
further amended to read: 
16.  Written certification.  "Written certification" means a document on tamper-
resistant paper signed by a physician medical provider, that expires in within one year 
and that states that in the physician's medical provider's professional opinion a patient is 
likely to receive therapeutic or palliative benefit from the medical use of marijuana to 
treat or alleviate the patient's debilitating medical condition or symptoms associated with 
the debilitating medical condition.  A written certification may be made only in the 
course of a bona fide physician-patient medical provider-patient relationship after the 
physician medical provider has completed a full assessment of the qualifying patient's 
medical history.   
Sec. 5.  22 MRSA §2423-A, sub-§2, ¶C, as enacted by PL 2009, c. 631, §21 and 
affected by §51, is amended to read: 
C.  Assist no more than a maximum of 5 patients at any one time with who have 
designated the primary caregiver to cultivate marijuana for their medical use of 
marijuana; 
Sec. 6.  22 MRSA §2423-A, sub-§2, ¶G, as amended by PL 2013, c. 371, §1; c. 
393, §1 and c. 396, §5, is further amended to read: 
G.  Prepare food as defined in section 2152, subsection 4 containing marijuana, 
including tinctures of marijuana, for medical use by a qualifying patient pursuant to 
section 2152, subsection 4-A and section 2167;  
Sec. 7.  22 MRSA §2423-A, sub-§2, ¶J, as reallocated by RR 2013, c. 1, §39, is 
amended to read: 
J.  Use a pesticide in the cultivation of marijuana if the pesticide is exempt from the 
federal registration requirements pursuant to 7 United States Code, Section 136w(b), 
is registered with the Department of Agriculture, Conservation and Forestry, Board of 
Pesticides Control pursuant to Title 7, section 607 and is used consistent with best 
management practices approved by the Commissioner of Agriculture, Conservation 
and Forestry Health and Human Services. A registered primary caregiver may not in 
the cultivation of marijuana use a pesticide exempt from the federal registration 
requirements and that is registered with the Board of Pesticides Control unless the 
registered primary caregiver or the registered primary caregiver's employee is 
certified in the application of the pesticide pursuant to section 1471-D and any 
employee who has direct contact with treated plants has completed safety training 
pursuant to 40 Code of Federal Regulations, Part Section 170.130.  An employee of 
the registered primary caregiver who is not certified pursuant to section 1471-D and 
who is involved in the application of the pesticide or handling of the pesticide or 
equipment must first complete safety training described in 40 Code of Federal 
Regulations, Part Section 170.230.; and 
Sec. 8.  22 MRSA §2423-B, as repealed and replaced by PL 2011, c. 407, Pt. B, 
§17, is amended to read: 
§2423-B.  Authorized conduct by a medical provider 
A physician medical provider may provide a written certification for the medical use 
of marijuana under this chapter and, after having done so, may otherwise state that in the 
physician's medical provider's professional opinion a qualifying patient is likely to 
receive therapeutic benefit from the medical use of marijuana to treat or alleviate the 
patient's debilitating medical condition. 
1.  Adult qualifying patient.  Prior to providing written certification for the medical 
use of marijuana under this section, a physician medical provider shall inform an adult 
qualifying patient of the risks and benefits of the medical use of marijuana and that the 
patient may benefit from the medical use of marijuana. 
2.  Minor qualifying patient.  Prior to providing written certification for the medical 
use of marijuana by a minor qualifying patient under this section, a physician medical 
provider, referred to in this subsection as "the treating physician medical provider," shall 
inform the minor qualifying patient and the parent or legal guardian of the patient of the 
risks and benefits of the medical use of marijuana and that the patient may benefit from 
the medical use of marijuana.  Except with regard to a minor qualifying patient who is 
eligible for hospice care, prior to providing a written certification under this section, the 
treating physician medical provider shall consult with a qualified physician, referred to in 
this paragraph as "the consulting physician," from a list of physicians who may be willing 
to act as consulting physicians maintained by the department that is compiled by the 
department after consultation with statewide associations representing licensed medical 
professionals.  The consultation between the treating physician medical provider and the 
consulting physician may consist of examination of the patient or review of the patient's 
medical file.  The consulting physician shall provide an advisory opinion to the treating 
physician medical provider and the parent or legal guardian of the minor qualifying 
patient concerning whether the patient is likely to receive therapeutic or palliative benefit 
from the medical use of marijuana to treat or alleviate the patient's debilitating medical 
condition.  If the department or the consulting physician does not respond to a request by 
a the treating physician medical provider within 10 days of receipt of the request, the 
treating physician medical provider may provide written certification for treatment 
without consultation with another a physician. 
3.    Expiration.  A written certification form for the medical use of marijuana under 
this section expires within one year after issuance by the qualifying patient's physician 
medical provider. 
4.    Form; content.  A written certification under this section must be in the form 
required by rule adopted by the department and may not require a qualifying patient's 
physician medical provider to state the patient's specific medical condition.  
5.  Possible sanctions.  Nothing in this chapter prevents a professional licensing 
board from sanctioning a physician medical provider for failing to properly evaluate or 
treat a patient's medical condition or otherwise violating the applicable standard of care 
for evaluating or treating medical conditions. 
Sec. 9.  22 MRSA §2423-D, as amended by PL 2011, c. 407, Pt. B, §19, is further 
amended to read: 
§2423-D.  Authorized conduct by a visiting qualifying patient 
A qualifying patient who is visiting the State from another jurisdiction that authorizes 
the medical use of marijuana pursuant to a law recognized by the department who 
possesses a valid written certification as described in section 2423-B from the patient's 
treating physician medical provider and a valid medical marijuana certification from that 
other jurisdiction and photographic identification or a driver's license from that 
jurisdiction may engage in conduct authorized for a qualifying patient under this chapter.  
Sec. 10.  22 MRSA §2425, sub-§1, ¶D, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
D.  Name, address and telephone number of the qualifying patient's physician 
medical provider; 
Sec. 11.  22 MRSA §2425, sub-§2, ¶A, as amended by PL 2009, c. 631, §29 and 
affected by §51, is further amended to read: 
A.  The qualifying patient's physician medical provider has explained the potential 
risks and benefits of the medical use of marijuana to the qualifying patient and to a 
parent, guardian or person having legal custody of the qualifying patient; 
Sec. 12.  22 MRSA §2425, sub-§6, ¶B, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
B.  A registered qualifying patient who fails to notify the department as required 
under paragraph A commits a civil violation for which a fine of not more than $150 
may be adjudged. If the registered qualifying patient's certifying physician medical 
provider notifies the department in writing that the registered qualifying patient has 
ceased to suffer from a debilitating medical condition, the registered qualifying 
patient's registry identification card becomes void upon notification by the 
department to the qualifying patient. 
Sec. 13.  22 MRSA §2425, sub-§8, as amended by PL 2011, c. 691, Pt. A, §22, is 
further amended to read: 
8.  Confidentiality.  This subsection governs confidentiality. 
A.  Applications and supporting information submitted by qualifying patients and 
registered patients under this chapter, including information regarding their primary 
caregivers and physicians medical providers, are confidential. 
B.  Applications and supporting information submitted by primary caregivers and 
physicians medical providers operating in compliance with this chapter are 
confidential. 
C.  The department shall maintain a confidential list of the persons to whom the 
department has issued registry identification cards. Individual names and other 
identifying information on the list are confidential, exempt from the freedom of 
access laws, Title 1, chapter 13, and not subject to disclosure except as provided in 
this subsection and to authorized employees of the department as necessary to 
perform official duties of the department. 
D.  The department shall verify to law enforcement personnel whether a registry 
identification card is valid without disclosing more information than is reasonably 
necessary to verify the authenticity of the registry identification card. 
F.  Applications, supporting information and other information regarding a registered 
dispensary are not confidential except that information that is contained within 
dispensary information that identifies a qualifying patient, a registered patient, the 
registered patient's physician medical provider and the primary caregiver of the 
qualifying patient or registered patient is confidential. 
G.  Records maintained by the department pursuant to this chapter that identify 
applicants for a registry identification card, registered patients, registered primary 
caregivers and registered patients' physicians medical providers are confidential and 
may not be disclosed except as provided in this subsection and as follows: 
(1)  To department employees who are responsible for carrying out this chapter;  
(2)  Pursuant to court order or subpoena issued by a court; 
(3)  With written permission of the registered patient or the patient's guardian, if 
the patient is under guardianship, or a parent, if the patient has not attained 18 
years of age; 
(4) As permitted or required for the disclosure of health care information 
pursuant to section 1711-C; 
(5) To a law enforcement official for verification purposes. The records may not 
be disclosed further than necessary to achieve the limited goals of a specific 
investigation; and 
(6) To a registered patient's treating physician medical provider and to a 
registered patient's registered primary caregiver for the purpose of carrying out 
this chapter.; and 
(7)  To the Department of Administrative and Financial Services, Maine Revenue 
Services for taxation compliance purposes.  The records may not be disclosed 
further than necessary to achieve the needs of Maine Revenue Services. 
H.  This subsection does not prohibit a physician medical provider from notifying the 
department if the physician medical provider acquires information indicating that a 
registered patient or qualifying patient is no longer eligible to use marijuana for 
medical purposes or that a registered patient or qualifying patient falsified 
information that was the basis of the physician's medical provider's certification of 
eligibility for use. 
I.  The department may disclose to an agency of State Government designated by the 
commissioner and employees of that agency any information necessary to produce 
registry identification cards or manage the identification card program and may 
disclose data for statistical or research purposes in such a manner that individuals 
cannot be identified. 
J.  A hearing concerning the revocation of a registry identification card under 
subsection 3-A is confidential.   
K.  Except as otherwise provided in this subsection, a person who knowingly violates 
the confidentiality of information protected under this chapter commits a civil 
violation for which a fine of up to $1,000 may be imposed.  This paragraph does not 
apply to a physician medical provider or staff of a hospice provider or nursing facility 
named as a primary caregiver or any other person directly associated with a physician 
medical provider or a hospice provider or nursing facility that provides services to a 
registered patient. 
Sec. 14.  22 MRSA §2425, sub-§10, ¶E, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
E.  The number of physicians medical providers providing written certifications for 
qualifying patients; 
Sec. 15.  22 MRSA §2426, sub-§1, ¶D, as amended by PL 2009, c. 631, §38 and 
affected by §51, is further amended to read: 
D.  Operate, navigate or be in actual physical control of any motor vehicle, aircraft, 
motorboat, snowmobile or all-terrain vehicle while under the influence of marijuana; 
or 
Sec. 16.  22 MRSA §2426, sub-§1, ¶E, as amended by PL 2011, c. 407, Pt. B, 
§30, is further amended to read: 
E.  Use or possess marijuana if that person is not a qualifying patient, primary 
caregiver, registered dispensary or other person authorized to use or possess 
marijuana under this chapter.; or 
Sec. 17.  22 MRSA §2426, sub-§1, ¶F is enacted to read: 
F.  Use, possess or sell kief. 
Sec. 18.  22 MRSA §2428, sub-§6, ¶J, as amended by PL 2011, c. 407, Pt. B, 
§32, is further amended to read: 
J.  A dispensary that is required to obtain a license for the preparation of food 
pursuant to section 2167 shall obtain the license prior to preparing goods containing 
marijuana, including tinctures of marijuana, for medical use by a qualifying patient. 
Sec. 19.  22 MRSA §2428, sub-§9, ¶G, as enacted by PL 2013, c. 371, §4, is 
amended to read: 
G.  A registered dispensary may not use a pesticide on marijuana except a pesticide 
that is exempt from the federal registration requirements pursuant to 7 United States 
Code, Section 136w(b), is registered with the Department of Agriculture, 
Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 
and is used consistent with best management practices approved by the 
Commissioner of Agriculture, Conservation and Forestry Health and Human 
Services.  A registered dispensary may not in the cultivation of marijuana use a 
pesticide exempt from federal registration requirements and registered with the Board 
of Pesticides Control unless at least one registered dispensary employee involved in 
the application of the pesticide is certified pursuant to section 1471-D and all other 
registered dispensary employees who have direct contact with treated plants have 
completed safety training pursuant to 40 Code of Federal Regulations, Part Section 
170.130.  A registered dispensary employee who is not certified pursuant to section 
1471-D and who is involved in the application of the pesticide or handling of the 
pesticide or equipment must first complete safety training described in 40 Code of 
Federal Regulations, Part Section 170.230. 
Sec. 20.  22 MRSA §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. 
1.  Laboratory testing; evidence collection.  The department may collect, possess, 
transport and perform 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. 
2.  Complaint investigation.  The department may investigate complaints against a 
registered primary caregiver or a registered dispensary to ensure compliance with this 
chapter. 
3.  Penalties; injunctive relief.  The Office of the Attorney General may file a 
complaint with the District Court seeking civil fines or injunctive relief or both for a 
violation of this chapter by a registered primary caregiver or a registered dispensary. 
When an injunction has been issued in accordance with this subsection, the District Court 
may order the registered primary caregiver or the registered dispensary subject to the 
injunction to pay to the General Fund the costs of the investigation incurred by the Office 
of the Attorney General and the costs of suit, including attorney's fees. 
SUMMARY 
During the First Regular Session of the 126th Legislature, the Legislature passed 6 
separate laws that affected the Maine Medical Use of Marijuana Act in various ways.  
The purpose of this bill is to clarify and coordinate those changes, including doing the 
following: 
1.  Defining "medical provider" to mean a physician or a certified nurse practitioner 
and adding a definition of "certified nurse practitioner" in order to authorize a certified 
nurse practitioner who is a qualifying patient's primary care provider to issue a written 
certification for the qualifying patient's medical use of marijuana; 
2.  Defining and prohibiting the use, possession or sale of kief; 
3.  Clarifying that tinctures containing marijuana are considered food or goods 
containing marijuana; 
4.  Clarifying that a medical provider's written certification for the medical use of 
marijuana expires within one year after issuance; 
5.  Authorizing disclosure of registered primary caregiver and dispensary information 
to the Department of Administrative and Financial Services, Maine Revenue Services for 
taxation compliance purposes; 
6.  Enacting provisions regarding compliance, including collection of evidence, 
complaint investigation, penalty and injunctive relief provisions; and 
7.  Authorizing the Department of Health and Human Services to transport marijuana 
for laboratory testing and evidence collection purposes.