An Act To Clarify Provisions of the Maine Medical Use of Marijuana Act
Maine Legislature, Session 126, LD 1597
Committee: Health and Human Services
Sponsors: GATTINE, SAVIELLO, CASAVANT, FARNSWORTH, HICKMAN, SANDERSON
Amends: 22 MRSA §2423-A, 22 MRSA §2428

Legislative Document 
No. 1597 
H.P. 1168 
House of Representatives, December 30, 2013 
An Act To Clarify Provisions of the Maine Medical Use of 
Marijuana Act 
(EMERGENCY) 
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 GATTINE of Westbrook. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: CASAVANT of Biddeford, FARNSWORTH of Portland, HICKMAN of 
Winthrop, McCABE of Skowhegan, SANDERSON of Chelsea. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, changes made during the First Regular Session of the 126th Legislature to 
the laws regarding access to facilities where medical marijuana is cultivated need to be 
clarified; and 
Whereas, it is important to provide this clarification as soon as possible in order to 
ensure the proper administration of the Maine Medical Use of Marijuana Act; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2423-A, sub-§3, ¶A, as amended by PL 2013, c. 374, §1, is 
further amended to read: 
A.  A patient who elects to cultivate marijuana plants must keep the plants in an 
enclosed, locked facility unless the plants are being transported because the patient is 
moving or taking the plants to the patient's own property in order to cultivate them.  
Access to the cultivation facility is limited to the patient, except that government 
officials acting within the scope of their employment, emergency services personnel 
or a person who needs to gain access to the cultivation facility in order to perform 
repairs or maintenance or to do construction may access the cultivation facility to 
perform those duties or provide those professional services while under the direct 
supervision of the patient. 
Sec. 2.  22 MRSA §2423-A, sub-§3, ¶B, as amended by PL 2013, c. 424, Pt. G, 
§1 and affected by §2, is further amended to read: 
B.  A primary caregiver who has been designated by a patient to cultivate marijuana 
for the patient's medical use must keep all plants in an enclosed, locked facility unless 
the plants are being transported because the primary caregiver is moving or taking the 
plants to the primary caregiver's own property in order to cultivate them.  The 
primary caregiver shall use a numerical identification system to enable the primary 
caregiver to identify marijuana plants cultivated for a patient.  Access to the 
cultivation facility is limited to the primary caregiver, except that government 
officials acting within the scope of their employment, emergency services personnel 
or a person who needs to gain access to the cultivation facility in order to perform 
repairs or maintenance or to do construction may access the cultivation facility to 
perform those duties or provide those professional services while under the direct 
supervision of the primary caregiver. 
Sec. 3.  22 MRSA §2428, sub-§6, ¶I, as amended by PL 2013, c. 374, §2, is 
further amended to read: 
I.  All cultivation of marijuana must take place in an enclosed, locked facility unless 
the marijuana plants are being transported between the dispensary and a location at 
which the dispensary cultivates the marijuana plants, as disclosed to the department 
in subsection 2, paragraph A, subparagraph (3).  The dispensary shall use a numerical 
identification system to enable the dispensary to track marijuana plants from 
cultivation to sale and to track prepared marijuana obtained pursuant to section 
2423-A, subsection 2, paragraph H from acquisition to sale.  Access to the cultivation 
facility is limited to a cardholder who is a principal officer, board member or 
employee of the dispensary when acting in that cardholder's official capacity, except 
that government officials acting within the scope of their employment, emergency 
services personnel or a person who needs to gain access to the cultivation facility in 
order to perform repairs or maintenance or to do construction may access the 
cultivation facility to perform those duties or provide those professional services 
while under the direct supervision of a cardholder who is a principal officer, board 
member or employee of the dispensary. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the Maine Medical Use of Marijuana Act to specify that access to a 
marijuana cultivation facility operated by a patient, a primary caregiver or a dispensary is 
open to government officials acting within the scope of their employment, under the 
direct supervision of the patient, the primary caregiver or a principal officer, board 
member or employee of the dispensary.  Currently, a dispensary and any additional 
location at which the dispensary cultivates marijuana for medical use by a patient are 
subject to reasonable inspection by the Department of Health and Human Services.