An Act Relating to Marijuana Testing Facilities
Maine Legislature, Session 127, LD 1059
Committee Amendment CA_A_H345 (House)
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2425

COMMITTEE AMENDMENT" A" to H.P. 728, L.D. 1059, Bill, "An Act Relating 
to Marijuana Testing Facilities" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 22 MRSA §2422, sub-§I, as amended by PL 2009, c. 631, §8 and 
affected by § 51, is further amended to read: 
1. 
Cardholder. 
"Cardholder" means a registered patient, a registered primary 
caregiver or a principal officer, board member, agent or employee of a registered 
dispensary or marijuana testing facility who has been issued and possesses a valid 
registry identification card.' 
Amend the bill in section 1 in subsection 5-C by striking out all of paragraphs A, B 
and C (page 1, lines 5 to 12 in L.D.) and inserting the following: 
'A. Is licensed, certified or otherwise approved by the department in accordance with 
rules adopted by the department under section 2423-A. subsection 10, paragraph D to 
analyze contaminants in and the potency and cannabinoid profile of samples; and 
B. Is accredited pursuant to ISO/lEC 17025 of the International Organization for 
Standardization by a 3rd-party accrediting body or is certified, registered or 
accredited by an organization approved by the department.' 
Amend the bill by striking out all of section 9 and inserting the following: 
'Sec. 9. 22 MRSA §2423-A, sub-§§10, 11 and 12 are enacted to read: 
10. Marijuana testing facility. The following provisions apply to a marijuana 
testing facility. 
A. A marijuana testing facility may receive and possess samples from qualifying 
patients, registered primary caregivers and dispensaries to provide testing of the 
samples for the cannabinoid profile and potency of the samples and for contaminants 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 728, L.D. 1059 
in the samples, including but not limited to mold, mildew, heavy metals, plant-growth 
regulators and illegal pesticides. 
B. An employee of a marijuana testing facility may have access to cultivation 
facilities pursuant to subsection 3, paragraph A and section 2428, subsection 6, 
paragraph I. 
C. A marijuana testing facility shall: 
(1) 
Properly dispose of medical marijuana residue in compliance with 
department rules; 
(2) House and store marijuana in the facility's possession or control during the 
process of testing, transport or analysis in a manner to prevent diversion, theft or 
loss; 
(3) Label marijuana being transported to and from a marijuana testing facility 
with the following statement: "For Testing Purposes Only"; 
(4) Maintain testing results as part of the facility's business books and records; 
and 
(5) Operate in accordance with security rules adopted by the department. 
D. The department shall adopt routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A governing marijuana testing facilities, including, but not limited 
to: 
(1) The form and content of marijuana labeling; 
(2) Standards for the testing of samples by marijuana testing facilities; 
(3) Requirements relating to the size of samples and collection methods for 
samples; 
(4) Marijuana testing facility director qualification requirements; 
(5) Required security for marijuana testing facilities; and 
(6) Requirements for the licensing, certifying or other approval of marijuana 
testing facilities. 
11. Immunity. The immunity provisions in this subsection apply to a marijuana 
testing facility's principal officers, board members, agents and employees. Any immunity 
provision within this chapter in conflict with this subsection does not apply to marijuana 
testing facilities. 
A. A marijuana testing facility is not subject to prosecution, search, seizure or 
penalty in any manner, including but not limited to a civil penalty or disciplinary 
action by a business or an occupational or professional licensing board or entity, and 
may not be denied any right or privilege solely for acting in accordance with this 
section to assist qualifying patients with the medical use of marijuana in accordance 
with this chapter. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'H " 
to H.P. 728, L.D. 1059 
B. A principal officer, board member, agent or employee of a marijuana testing 
facility is not subject to arrest, prosecution, search, seizure or penalty in any manner, 
including but not limited to a civil penalty or disciplinary action by a business or an 
occupational or professional licensing board or entity, and may not be denied any 
right or privilege solely for working for or with a marijuana testing facility to test 
prepared marijuana provided by a qualifying patient, primary caregiver, registered 
primary caregiver or registered dispensary. 
12. Interest. A principal officer, board member, agent or employee of a registered 
dispensary or primary caregiver may not have a financial or other interest in a marijuana 
testing facility providing services associated with product labeling for that dispensary or 
primary caregiver.' 
Amend the bill by inserting after section 10 the following: 
'Sec. 11. 22 MRSA §2425, sub-§I-A, as enacted by PL 2013, c. 394, §3, is 
amended to read: 
I-A. Criminal history record check. An applicant for a registry identification card 
who is a primary caregiver or who is a principal officer, board member, agent or 
employee of a registered dispensary or a marijuana testing facility must undergo a 
criminal history record check annually. 
Sec. 12. 22 MRSA §2425, sub-§4-A is enacted to read: 
4-A. Marijuana testing facility identification card. The department shall issue 
registry identification cards to principal officers, board members, agents and employees 
of a marijuana testing facility within 5 days of approving an application or renewal under 
this section in accordance with department rules. Registry identification cards expire one 
year after the date of issuance. Registry identification cards must contain: 
A. The name of the cardholder; 
B. The date of issuance and expiration date; and 
C. A random identification number that is unique to the cardholder.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment amends the bill by amending the definition of "cardholder" in the 
Maine Medical Use of Marijuana Act to include a marijuana testing facility, eliminating 
the educational requirement for the dir~ctor of a marijuana testing facility, adding 
requirements for housing, storing, transporting and labeling within marijuana testing 
facilities, creating an immunity provision for marijuana testing facilities and directing the 
Department of Health and Human Services to issue registry identification cards to certain 
individuals at marijuana testing facilities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/07/15 
Mae 
LD 1059 
LR 1110(02) 
An Act Relating to Marijuana Testing Facilities 
Fiscal Note for Bill as Amended by Committee Amendment ,~, (H -3 if ~ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
Current biennium revenue increase - Other Special Revenue Funds 
The Department of Health and Human Services (DHHS) will require additional positions for laboratory inspecting, 
licensing and certifying of marijuana testing facilities and funding for enhancements to the Automated Licensing 
Management System for a new license type. This will increase costs to the DHHS but sufficient information is not 
currently available to assess the actual impact. The DHHS does have the ability to impose licensing fees and the fiscal 
note assumes the fees generated will be sufficient to cover these new costs without additional appropriation from the 
General Fund. 
LRIIlO(02) - Fiscal Note - Page 1 of 1