An Act To Further Ensure the Provision of Safe Medical Marijuana to Maine Patients
Maine Legislature, Session 126, LD 1674
Committee Amendment CA_A_S415 (Senate)
Amends: 22 MRSA §2423-A, 22 MRSA §2428

COMMITTEE AMENDMENT ".r\ " to S.P. 641, L.D. 1674, Bill, "An Act To 
Further Ensure the Provision of Safe Medical Marijuana to Maine Patients" 
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, ~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 eJ(empt from the 
federal registration requirements pursuant to 7 United States Code, Section 136vl(b) 
used consistent with federal labeling requirements, 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 for pest 
management 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 vlith 
the Board of Pesticides Control unless the registered primaty caregiver or the 
registered primaty 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. 
Sec. 2. 22 MRSA §2428, sub-§9, ~G, as enacted by PL 2013, c. 371, §4, is 
amended to read: 
G. A registered dispensaty 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 136v/(b) used consistent with federal labeling requirements, is 
registered with the Depatiment of Agriculture, Conservation and Forestry, Board of 
Pesticides Control pursuant to Title 7, section 607 and is used consistent with best 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 641, L.D. 1674 
management practices for pest management 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 Pestieides 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.' 
SUMMARY 
This amendment, which is the majority report of the committee, removes from the 
bill the list of specific pesticides that may be used by a primary caregiver or registered 
dispensary under the medical marijuana laws and instead provides that primary caregivers 
and registered dispensaries may use pesticides whose product labels allow for such use. 
Like the bill, the amendment retains the provisions of current law that require the 
pesticides to be registered with the Department of Agriculture, Conservation and 
Forestry, Board of Pesticides Control and to be used in accordance with best management 
practices approved by the Commissioner of Agriculture, Conservation and Forestry, but 
the amendment clarifies that the approved best management practices relate to pest 
management. 
COMMITTEE AMENDMENT