An Act To Require a Medical Marijuana Primary Caregiver Cultivating in a Residential Building To Obtain an Electrical Permit
Maine Legislature, Session 127, LD 0766
Committee: Health and Human Services
Sponsors: COREY, DUTREMBLE, BEAR, BEAVERS, GOLDEN, HERRICK, KINNEY, MALABY, RUSSELL, CUSHING
Amends: 22 MRSA §2423-A, 22 MRSA §2425

Legislative Document 
No. 766 
H.P. 519 
House of Representatives, March 5, 2015 
An Act To Require a Medical Marijuana Primary Caregiver 
Cultivating in a Residential Building To Obtain an Electrical Permit 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative COREY of Windham. 
Cosponsored by Senator DUTREMBLE of York and 
Representatives: BEAR of the Houlton Band of Maliseet Indians, BEAVERS of South 
Berwick, GOLDEN of Lewiston, HERRICK of Paris, KINNEY of Limington, MALABY of 
Hancock, RUSSELL of Portland, Senator: CUSHING of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2423-A, sub-§3, ¶B, as amended by PL 2013, c. 501, §1, 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 an elected official 
invited by the primary caregiver for the purpose of providing education to the elected 
official on cultivation by the primary caregiver, 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 provide 
those professional services while under the direct supervision of the primary 
caregiver. 
(1)  After January 1, 2016,  a primary caregiver may not cultivate marijuana in a 
residential building unless that caregiver has obtained from an electrical inspector 
approved by the department certification that any electrical system used in the 
cultivation is in compliance with applicable electrical codes and is adequate and 
safe for the amount of cultivation that is occurring in the residential building, 
considering the number of qualifying patients who have designated the primary 
caregiver to cultivate marijuana on their behalf.  The department by rule shall 
establish standards for certification and for approval of an electrical inspector, 
who must be either the municipal electrical inspector who issues permits pursuant 
to Title 30-A, section 4173 for the municipality in which the residential building 
is located or a qualified electrician.  The department shall approve the municipal 
electrical inspector of a municipality that agrees to participate in the required 
inspection and certification. Rules adopted under this subparagraph are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  22 MRSA §2425, sub-§1-B is enacted to read: 
1-B.  Primary caregiver that cultivates marijuana.  After January 1, 2016, an 
applicant for a registry identification card who is a primary caregiver and who has been 
designated by a patient to cultivate marijuana for the patient's medical use and who will 
cultivate the marijuana in a residential building must submit to the department the 
electrical inspector certification required under section 2423-A, subsection 3, paragraph 
B. 
SUMMARY 
This bill amends the Maine Medical Use of Marijuana Act to require, beginning 
January 2, 2016, a primary caregiver to obtain an electrical permit from an electrical 
inspector prior to cultivating in a residential building.