An Act To Amend the Maine Medical Use of Marijuana Act with Regard to Good Business Practices
Maine Legislature, Session 127, LD 1258
Committee: Health and Human Services
Sponsors: SANDERSON, BRAKEY, MALABY, O'CONNOR, PARRY, SIROCKI, WARREN
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2428

Legislative Document 
No. 1258 
H.P. 858 
House of Representatives, April 7, 2015 
An Act To Amend the Maine Medical Use of Marijuana Act with 
Regard to Good Business Practices 
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 BRAKEY of Androscoggin and 
Representatives: MALABY of Hancock, O'CONNOR of Berwick, PARRY of Arundel, 
SIROCKI of Scarborough, WARREN of Hallowell. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2422, sub-§6-A, as repealed by PL 2011, c. 407, Pt. B, §8, is 
reenacted to read: 
6-A.  Onsite assessment.  "Onsite assessment" means a visit by an employee of the 
department for the purpose of ensuring compliance with the requirements of this chapter 
to any site where marijuana is grown by a registered primary caregiver who has been 
designated pursuant to section 2425, subsection 1, paragraph F to cultivate marijuana for 
3, 4 or 5 registered patients at one time. 
Sec. 2.  22 MRSA §2423-A, sub-§2, ¶B, as amended by PL 2011, c. 407, Pt. B, 
§16, is further amended to read: 
B.  Cultivate up to 6 mature marijuana plants for each qualifying patient, up to a 
maximum of 5 qualifying patients, who has designated the primary caregiver to 
cultivate marijuana on the patient's behalf, subject to the limitation in subsection 1, 
paragraph B on the total number of plants authorized per qualifying patient.  A 
primary caregiver may not cultivate marijuana for a patient unless the patient has 
designated the primary caregiver for that purpose and the patient has not designated a 
registered dispensary to cultivate marijuana for the patient's medical use.  In addition 
to the marijuana plants otherwise authorized under this paragraph, a primary 
caregiver may have harvested marijuana plants in varying stages of processing in 
order to ensure the primary caregiver is able to meet the needs of the primary 
caregiver's qualifying patients; 
Sec. 3.  22 MRSA §2423-A, sub-§2, ¶C, as amended by PL 2013, c. 516, §6, is 
repealed. 
Sec. 4.  22 MRSA §2423-A, sub-§2, ¶I, as amended by PL 2013, c. 588, Pt. A, 
§26, is further amended to read: 
I.  Employ or contract with one person or more persons to assist in performing the 
duties of the primary caregiver; 
Sec. 5.  22 MRSA §2423-A, sub-§2, ¶J, as amended by PL 2013, c. 588, Pt. D, 
§3, is further amended to read: 
J.  Use a pesticide in the cultivation of marijuana if the pesticide is 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 
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 
unless the registered primary caregiver or the registered primary 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, 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, Section 170.230; and 
Sec. 6.  22 MRSA §2423-A, sub-§2, ¶K, as reallocated by RR 2013, c. 1, §40, is 
amended to read: 
K.  For the purpose of disposing of excess prepared marijuana, transfer prepared 
marijuana to a registered dispensary for reasonable compensation.  The transfer of 
prepared marijuana by a primary caregiver to one or more dispensaries under this 
paragraph is limited to a registered primary caregiver.  A registered primary caregiver 
may not transfer more than 2 pounds of excess prepared marijuana for reasonable 
compensation under this paragraph in a calendar year.  A primary caregiver who 
transfers prepared marijuana pursuant to this paragraph does not by virtue of only that 
transfer qualify as a member of a collective.; and 
Sec. 7.  22 MRSA §2423-A, sub-§2, ¶L is enacted to read: 
L.  For the purpose of disposing of excess prepared marijuana, transfer prepared 
marijuana to a qualifying patient for reasonable compensation. The transfer of 
prepared marijuana by a primary caregiver to one or more qualifying patients under 
this paragraph is limited to a registered primary caregiver. A primary caregiver who 
transfers prepared marijuana pursuant to this paragraph does not by virtue of only that 
transfer qualify as a member of a collective. 
Sec. 8.  22 MRSA §2423-A, sub-§6, as repealed by PL 2011, c. 407, Pt. B, §16, is 
reenacted to read: 
6.  Onsite assessments by the department.  Prior to making an onsite assessment of 
a registered primary caregiver who is designated to cultivate marijuana by 3 or more 
patients at any one time, the department shall provide 24 hours' notice to the registered 
primary caregiver. 
Sec. 9.  22 MRSA §2423-A, sub-§10 is enacted to read: 
10.  Collection and remittance of sales and use tax.  A primary caregiver who 
receives compensation from a qualifying patient for the costs associated with cultivating 
marijuana for that qualifying patient or assisting that qualifying patient shall register as a 
seller with the State Tax Assessor and shall collect and remit taxes in accordance with 
Title 36, section 1754-B. 
Sec. 10.  22 MRSA §2428, sub-§12 is enacted to read: 
12.  Collection and remittance of sales and use tax.  A registered dispensary that 
receives compensation from a qualifying patient for the costs associated with cultivating 
marijuana for that qualifying patient or assisting that qualifying patient shall register as a 
seller with the State Tax Assessor and shall collect and remit taxes in accordance with 
Title 36, section 1754-B. 
Sec. 11.  Development of employment or contractor license.  The 
Department of Health and Human Services shall develop by rule licensing requirements, 
qualifications and procedures for persons engaged by primary caregivers pursuant to the 
Maine Revised Statutes, Title 22, section 2423-A, subsection 2, paragraph I as employees 
or independent contractors on a full-time, temporary or seasonal basis.  Rules adopted 
pursuant to this section are routine technical rules as described in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill amends the Maine Medical Use of Marijuana Act in the following ways. 
1.  It clarifies that a primary caregiver may cultivate up to 6 marijuana plants for each 
of up to 5 qualifying patients. 
2.  It allows a primary caregiver to employ or contract with more than one person to 
assist with the duties required of that primary caregiver.  The Department of Health and 
Human Services is required to adopt rules regarding the licensing of these assistants. 
3.  It allows the Department of Health and Human Services to make onsite 
assessments of registered primary caregivers who cultivate marijuana for 3 or more 
registered patients at a time to ensure compliance. 
4.  It allows a registered primary caregiver to transfer excess prepared marijuana to a 
qualifying patient for reasonable compensation. 
5.  It provides that a primary caregiver or registered dispensary that receives 
compensation from a qualifying patient for the costs associated with cultivating 
marijuana for that qualifying patient or assisting that qualifying patient is required to 
register as a seller with the State Tax Assessor and collect and remit sales tax.  Under the 
current law, marijuana is specifically excluded from the sales tax exemption for 
medicines.