An Act To Ensure the Integrity of Maine's Medical Marijuana Program
Maine Legislature, Session 126, LD 1404
Committee: Health and Human Services
Sponsors: GILBERT, LACHOWICZ, BLACK, CASSIDY, CHIPMAN, DION, HARVELL, KRUGER, SANDERSON, WHITTEMORE
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2425

Legislative Document 
No. 1404 
H.P. 1000 
House of Representatives, April 12, 2013 
An Act To Ensure the Integrity of Maine's Medical Marijuana 
Program 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GILBERT of Jay. 
Cosponsored by Senator LACHOWICZ of Kennebec and 
Representatives: BLACK of Wilton, CASSIDY of Lubec, CHIPMAN of Portland, DION of 
Portland, HARVELL of Farmington, KRUGER of Thomaston, SANDERSON of Chelsea, 
Senator: WHITTEMORE of Somerset. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, under the Maine Medical Use of Marijuana Act, the restrictions on 
primary caregivers result in shorter supply, raising the price for patients with debilitating 
medical conditions; and 
Whereas, allowing primary caregivers to employ staff will benefit the economy; 
and 
Whereas, these measures need to be enacted as soon as possible to bring relief to 
the patients and to stimulate the economy; 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 §2422, sub-§8-A, as enacted by PL 2011, c. 407, Pt. B, §9, is 
amended to read: 
8-A.  Primary caregiver.  "Primary caregiver" means a person or an employee of 
that person, a hospice provider licensed under chapter 1681 or a nursing facility licensed 
under chapter 405 that provides care for a qualifying patient in accordance with section 
2423-A, subsection 2.  A person who is a primary caregiver must be at least 21 years of 
age and may not have been convicted of a disqualifying drug offense. 
Sec. 2.  22 MRSA §2423-A, sub-§2, ¶C, as enacted by PL 2009, c. 631, §21 and 
affected by §51, is repealed. 
Sec. 3.  22 MRSA §2425, sub-§1, ¶F, as amended by PL 2009, c. 631, §28 and 
affected by §51, is further amended to read: 
F.  If the qualifying patient names one or 2 primary caregivers, an indication of which 
person, if any, is designated to cultivate marijuana for the qualifying patient's medical 
use.  Only one person may be primary caregiver, which includes an employee of that 
caregiver, is allowed to cultivate marijuana for a registered patient; and 
Sec. 4.  22 MRSA §2425, sub-§4, as amended by PL 2009, c. 631, §31 and 
affected by §51, is further amended to read: 
4.  Primary caregiver registry identification card.  The department shall issue a 
registry identification card to each registered primary caregiver, if any, and an employee 
of that registered primary caregiver, who is named in a registered patient's approved 
application pursuant to subsection 1, paragraph E. 
Sec. 5.  22 MRSA §2425, sub-§5, as repealed and replaced by PL 2011, c. 691, 
Pt. A, §21, is amended to read: 
5.  Registry identification card issuance.  The department shall issue registry 
identification cards to registered patients, to registered primary caregivers and their staff 
and to staff of hospice providers and nursing facilities designated by registered patients as 
primary caregivers within 5 days of approving an application or renewal under this 
section.  Registry identification cards expire one year after the date of issuance except 
that the date of issuance and expiration date of a registered primary caregiver's registry 
identification card must be the same as the issuance and expiration dates on the patient's 
registry identification card.  Registry identification cards must contain: 
A.  The name of the cardholder; 
C.  The date of issuance and expiration date of the registry identification card; 
D.  A random identification number that is unique to the cardholder; and 
F.  A clear designation showing whether the cardholder is allowed under this chapter 
to cultivate marijuana. 
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: 
1.  Allow primary caregivers to have an unlimited number of registered patients, 
removing the current restriction of 5 patients; and 
2.  Allow primary caregivers to have employees.  The employees must meet the same 
age and criminal record requirements as primary caregivers.