An Act Regarding Medical Marijuana Registered Testing Laboratories
Maine Legislature, Session 127, LD 1058
Committee: Health and Human Services
Sponsors: SANDERSON, HAMPER, BUCKLAND, FARNSWORTH, PARRY, STANLEY
Amends: 22 MRSA §2422, 22 MRSA §2423-F, 22 MRSA §2425

Legislative Document 
No. 1058 
H.P. 727 
House of Representatives, March 24, 2015 
An Act Regarding Medical Marijuana Registered Testing 
Laboratories 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Cosponsored by Senator HAMPER of Oxford and 
Representatives: BUCKLAND of Farmington, FARNSWORTH of Portland, PARRY of 
Arundel, STANLEY of Medway. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2422, sub-§1, 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 registered testing laboratory who has been issued and possesses a valid 
registry identification card. 
Sec. 2.  22 MRSA §2422, sub-§12-A is enacted to read: 
12-A.  Registered testing laboratory.  "Registered testing laboratory" means a 
testing laboratory that is registered with the department pursuant to section 2425, 
subsection 4-A and meets the following requirements: 
A.  The testing laboratory is accredited to standard ISO/IEC 17025 of the 
International Organization for Standardization by a nationally known 3rd-party 
accrediting body; 
B.  The testing laboratory adheres to federally recognized public standards for 
pathology testing for nonsterile supplements published in a pharmacopeia by a 
national nonprofit organization approved by the department, when applicable; and 
C.  The testing laboratory is located in the State and all tests are processed and 
completed in the State. 
Sec. 3.  22 MRSA §2423-F is enacted to read: 
§2423-F.  Authorized conduct by a registered testing laboratory 
A registered testing laboratory may possess marijuana for the purposes of testing for 
the cannabinoid profile and for contaminants, including, but not limited to, mold, mildew, 
heavy metals, toxins, plant growth regulators and nonorganic pesticides. 
1.  Allowable amounts.  A registered testing laboratory may possess up to 8 pounds 
of prepared marijuana and unlimited amounts of testing samples. 
2.  Storage.  Marijuana in the possession of a registered testing laboratory or in the 
process of testing, transport or analysis must be housed and stored in a manner to prevent 
diversion, theft and loss. 
3.  Excess marijuana.  All excess marijuana possessed by a registered testing 
laboratory must be returned to the source or destroyed.  The registered testing laboratory 
shall create and maintain records of the disposal of marijuana and of any hazardous 
chemicals used by the registered testing laboratory.  Other registered testing laboratory 
materials must be disposed of in accordance with hazardous waste management rules 
pursuant to Title 38, chapter 13, subchapter 5. 
4.  Labeling.  Marijuana being transported to and from a registered testing laboratory 
must be labeled "For Testing Purposes Only." 
5.  Immunity.  The immunity provisions in this subsection apply to a registered 
testing laboratory's principal officers, board members, agents and employees. 
A.  A registered testing laboratory 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. 
B.  A principal officer, board member, agent or employee of a registered testing 
laboratory 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 registered testing 
laboratory to test prepared marijuana provided by a qualifying patient, primary 
caregiver, registered primary caregiver or registered dispensary. 
6.  Interest.  A principal officer, board member, agent or employee of a registered 
dispensary may not have a financial or other interest in a registered testing laboratory 
providing services for that dispensary. 
Sec. 4.  22 MRSA §2425, sub-§1-A, as enacted by PL 2013, c. 394, §3, is 
amended to read: 
1-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 registered testing laboratory must undergo a 
criminal history record check annually. 
Sec. 5.  22 MRSA §2425, sub-§4-A is enacted to read: 
4-A.  Registered testing laboratory identification card.  The department shall issue 
registry identification cards to principal officers, board members, agents and employees 
of a registered testing laboratory 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. 
Sec. 6.  22 MRSA §2425, sub-§12, ¶¶H and I are enacted to read: 
H.  There is an annual fee to register a testing laboratory of not less than $100 and not 
more than $500. 
I.  There is an annual fee to register a principal officer, board member, agent or 
employee of a registered testing laboratory of not less than $25 and not more than 
$50.  The fee must be paid by the registered testing laboratory. 
Sec. 7.  Rules.  By December 15, 2015, the Department of Health and Human 
Services shall adopt rules to establish an application form and fees for the registration of 
medical marijuana testing laboratories and principal officers, board members, agents and 
employees of medical marijuana testing laboratories under the Maine Revised Statutes, 
Title 22, chapter 558-C.  Rules adopted pursuant to this section are routine technical rules 
in accordance with Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill establishes in the medical use of marijuana laws the registration of testing 
laboratories that perform testing on marijuana samples for the cannabinoid profile and for 
possible contaminants.  Registered testing laboratories must be located in the State, and 
the laboratories and their principal officers, board members, agents and employees are 
given the same immunity from prosecution, search, seizure and penalty currently granted 
to registered dispensaries.  The Department of Health and Human Services is required to 
establish an application form and fees for registered testing laboratories by December 15, 
2015.