An Act To Maintain Access to Safe Medical Marijuana
Maine Legislature, Session 126, LD 1531
Committee Amendment CA_A_S271 (Senate)
Amends: 22 MRSA §2423-A, 22 MRSA §2428

COMMITTEE AMENDMENT '~" to S.P. 578, L.D. 1531, Bill, "An Act To 
Maintain Access to Safe Medical Marijuana" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 22 MRSA §2423-A, sub-§2, ~G, as amended by PL 2011, c. 407, Pt. B, 
§ 16, is further amended to read: 
G. Prepare food as defined in section 2152, subsection 4 containing marijuana for 
medical use by a qualifying patient pursuant to section 2152, subsection 4-A and 
secti on 2167; atltl 
Sec. 2. 22 MRSA §2423-A, sub-§2, ~, 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 to a 
registered dispensary 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~; and 
Sec. 3. 22 MRSA §2423-A, sub-§2, ~ is enacted to read: 
1. 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. 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 celiified in the application 
of the pesticide pursuantto 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 170.130. An employee of the registered primary caregiver who is 
COMMITTEE AMENDMENT 
o-«s 
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COMMITTEE AMENDMEN~ " to S.P. 578, L.D. 1531 
not certified pursuant to section l47l-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 170.230. 
Sec. 4. 22 MRSA §2428, sub-§9, ,C is enacted to read: 
O. 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. 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 147l-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 170.130. A registered dispensary 
employee who is not certified pursuant to section l47l-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 170.230.' 
SUMMARY 
This amendment, which is the majority report, strikes and replaces the bill but retains 
the emergency provisions. It prohibits the use of a pesticide in the cultivation of medical 
marijuana unless the pesticide is exempt from federal registration requirements and is 
registered with the Department of Agriculture, Conservation and Forestry, Board of 
Pesticides Control. The amendment requires that at least one applicator of an authorized 
pesticide must be certified by the board and all other employees of a registered dispensary 
or a registered primary caregiver who have direct contact with treated plants or who are 
involved in the handling of the pesticide must first complete the federal training 
requirements for agricultural workers or pesticide handlers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 0611 0/13 ;tvac.. 
LD 1531 
LR 2131(02) 
An Act To Maintalin Access to Safe Medical Marijuana 
Fiscal Note for Bill as Amended by Committee AmendmentJt65- 2~l) 
Committee: Agriculture, Conservation and Forestry 
T 
Fis(:al Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Decreases the number of civil violations. 
A reduction in fmes will decrease General Fund revenue by minor amounts. 
LR2131(02) - Fiscal Note - Page 1 of 1