An Act To Amend the Maine Medical Use of Marijuana Act
Maine Legislature, Session 127, LD 1392
Committee: Health and Human Services
Sponsors: SANDERSON
Amends: 16 MRSA §806, 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-D, 22 MRSA §2424, 22 MRSA §2425, 22 MRSA §2428, 22 MRSA §2429, 22 MRSA §2430, 22 MRSA §2430-A

Legislative Document 
No. 1392 
H.P. 942 
House of Representatives, May 6, 2015 
An Act To Amend the Maine Medical Use of Marijuana Act 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  16 MRSA §806, sub-§1-A is enacted to read: 
1-A.  Government agency responsible for administering Maine Medical Use of 
Marijuana Act.  The government agency responsible for administering the Maine 
Medical Use of Marijuana Act if the intelligence and investigative record information is 
used in the operation and oversight of the Maine Medical Use of Marijuana Act; 
Sec. 2.  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 person to whom a medical 
provider-issued medical certification card has been issued, a registered primary caregiver, 
an employee of a registered primary caregiver or a principal officer, board member or 
employee of a registered dispensary who has been issued and possesses a valid registry 
identification card. 
Sec. 3.  22 MRSA §2422, sub-§1-C is enacted to read: 
1-C.  Complainant.  "Complainant" means a person that contacts the department 
through any means for the purpose of reporting violations of this chapter or rules adopted 
pursuant to this chapter. 
Sec. 4.  22 MRSA §2422, sub-§5-C is enacted to read: 
5-C.  Person.  "Person" means an individual, corporation, facility, institution or 
public or private agency. 
Sec. 5.  22 MRSA §2422, sub-§8-A, as amended by PL 2013, c. 396, §1, is 
further amended to read: 
8-A.  Primary caregiver.  "Primary caregiver" means a person or an individual, 
employee of that person, individual or an employee of 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 An 
individual who is a primary caregiver must be at least 21 years of age and may not have 
been convicted of a disqualifying drug offense.  A corporation, facility, institution or 
public or private agency may not be a primary caregiver. 
Sec. 6.  22 MRSA §2422, sub-§12, as amended by PL 2011, c. 407, Pt. B, §12, is 
repealed. 
Sec. 7.  22 MRSA §2422, sub-§13, as amended by PL 2009, c. 631, §18 and 
affected by §51, is further amended to read: 
13.  Registry identification card.  "Registry identification card" means a document 
issued by the department medical provider-issued medical certification card, a 
department-issued caregiver certification card or a department-issued dispensary 
certification card that identifies a person as a registered qualifying patient, registered 
primary caregiver, employee of a registered primary caregiver or principal officer, board 
member or employee of a dispensary.  A medical provider-issued medical certification 
card constitutes a patient registry identification card. 
Sec. 8.  22 MRSA §2422, sub-§15, as enacted by IB 2009, c. 1, §5, is amended to 
read: 
15.  Visiting qualifying patient.  "Visiting qualifying patient" means a patient with a 
debilitating medical condition who is not a resident of this State and who will be in this 
State not less than 24 consecutive hours or a patient who has been a resident of this State 
less than 30 days. 
Sec. 9.  22 MRSA §2423-A, sub-§1, ¶E, as amended by PL 2011, c. 407, Pt. B, 
§16, is further amended to read: 
E.  Designate one person, an individual or a staff member of a hospice provider or 
nursing facility as a primary caregiver to assist with the qualifying patient's medical 
use of marijuana in a standardized written document, developed by the department, 
signed and dated by the qualifying patient, including a one-year expiration and the 
signed acknowledgment of the primary caregiver that the primary caregiver may be 
contacted to confirm the designation of the primary caregiver.  A 2nd person 
individual or staff member of a hospice provider or nursing facility may be 
designated as a 2nd primary caregiver if the patient is under 18 years of age.  The 
primary caregivers for a patient are determined solely by the patient's preference 
except that a parent, guardian or person having legal custody shall serve as a primary 
caregiver for a minor child; 
Sec. 10.  22 MRSA §2423-A, sub-§1, ¶F, as amended by PL 2013, c. 396, §2, is 
further amended to read: 
F.  Designate one primary caregiver or a registered dispensary to cultivate marijuana 
for the medical use of the qualifying patient, except that the staff member of a 
hospice provider or a nursing facility that who is designated as a primary caregiver by 
a patient and the staff of the provider or facility may not be designated to cultivate 
marijuana for the patient.  The qualifying patient must designate the primary 
caregiver or registered dispensary to cultivate for the patient in a standardized written 
document, developed by the department, signed and dated by the qualifying patient, 
which must include a one-year expiration, the total number of mature plants the 
primary caregiver is designated to cultivate and the signed acknowledgment of the 
primary caregiver that the primary caregiver may be contacted to confirm the 
designation of the primary caregiver to cultivate for the patient and the number of 
mature plants to be cultivated and being cultivated for the patient or the signed 
acknowledgment of a person on behalf of the registered dispensary that the registered 
dispensary may be contacted to confirm the designation of the dispensary to cultivate 
for the patient and the number of mature plants to be cultivated and being cultivated 
for the patient;  
Sec. 11.  22 MRSA §2423-A, sub-§1, ¶H, as enacted by PL 2013, c. 396, §4, is 
amended to read: 
H.  Accept excess prepared marijuana from  a  the qualifying patient's designated 
primary caregiver or designated registered dispensary in accordance with subsection 
2, paragraph H if nothing of value is provided to the primary caregiver or registered 
dispensary. 
Sec. 12.  22 MRSA §2423-A, sub-§2, ¶A-1 is enacted to read: 
A-1.  Dispense up to 2 1/2 ounces of prepared marijuana during a 15-day period to a 
qualifying patient; 
Sec. 13.  22 MRSA §2423-A, sub-§3, ¶A, as amended by PL 2013, c. 374, §1, is 
further amended to read: 
A.  A patient who elects to cultivate marijuana plants must keep the plants in an 
enclosed, locked facility unless the plants are being transported because the patient is 
moving or taking the plants to the patient's own property in order to cultivate them.  
Access to the cultivation facility is limited to the patient, except that 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 or a municipal official 
to further the business of the municipality may access the cultivation facility to 
provide those professional services while under the direct supervision of the patient. 
Sec. 14.  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 and an employee of 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 or 
a municipal official to further the business of the municipality may access the 
cultivation facility to provide those professional services while under the direct 
supervision of the primary caregiver. 
Sec. 15.  22 MRSA §2423-A, sub-§3, ¶C, as enacted by PL 2011, c. 407, Pt. B, 
§16, is amended to read: 
C.  A primary caregiver designated to cultivate marijuana for a qualifying patient is 
required to register with the department, except that the following primary caregivers 
are not required to register:. 
(1)  A primary caregiver designated to cultivate for a qualifying patient if that 
qualifying patient is a member of the household of that primary caregiver; 
(2)  Two primary caregivers who are qualifying patients, if those primary 
caregivers are members of the same household and assist one another with 
cultivation; and 
(3)  A primary caregiver who cultivates for a qualifying patient if that qualifying 
patient is a member of the family of that primary caregiver. 
Sec. 16.  22 MRSA §2423-A, sub-§4, as enacted by PL 2009, c. 631, §21 and 
affected by §51, is amended to read: 
4.  Hospice provider or nursing facility patients.  A registered qualifying patient 
may name of a hospice provider licensed under chapter 1681 or a nursing facility licensed 
under chapter 405 may designate a staff member of a hospice or nursing facility to serve 
as a registered primary caregiver.  If a hospice provider or nursing facility is named 
assigns a staff member to act as a primary caregiver, the staff member of the provider or 
facility shall complete the registration process with the department and obtain a primary 
caregiver registration card and the staff member of the provider or facility shall obtain a 
registry identification cards card.  To be issued a registry identification card, a staff 
person member of a hospice provider or nursing facility that who has been named as a 
primary caregiver must be at least 21 years of age and may not have been convicted of a 
disqualifying drug offense.  The hospice provider or nursing facility and the staff member 
of the provider or facility may not cultivate marijuana for the patient. 
Sec. 17.  22 MRSA §2423-A, sub-§4-A, as enacted by PL 2013, c. 520, §1, is 
amended to read: 
4-A.  Use and storage in inpatient hospice facility or nursing facility permitted.  
A qualifying patient who is a resident of a hospice provider facility licensed under 
chapter 1681 or nursing facility licensed under chapter 405, while in the hospice provider 
facility or nursing facility, may use forms of prepared marijuana that are not smoked, 
including, but not limited to, vaporized marijuana, edible marijuana and tinctures and 
salves of marijuana.  A qualifying patient who uses a form of prepared marijuana 
pursuant to this subsection may store the prepared marijuana in the qualifying patient's 
room and is not required to obtain a registry identification card or to designate a staff 
member of the hospice provider or nursing facility as a primary caregiver under 
subsection 4.  A The staff member of a hospice provider or nursing facility is not required 
to be named as a primary caregiver by a qualifying patient who uses prepared marijuana 
pursuant to this subsection.  This subsection does not limit the ability of a hospice 
provider or nursing facility to prohibit or restrict the use or storage of prepared marijuana 
by a qualifying patient. 
Sec. 18.  22 MRSA §2423-D, as amended by PL 2013, c. 516, §9, is repealed and 
the following enacted in its place: 
§2423-D.  Authorized conduct by a visiting qualifying patient 
1.  Visiting qualifying patients; medical provider written certifications and 
identification.  A qualifying patient who is visiting the State from another jurisdiction 
that authorizes the medical use of marijuana pursuant to a law recognized by the 
department who possesses a valid written certification as described in section 2423-B 
from the patient's treating medical provider and a valid medical marijuana certification 
from that other jurisdiction and photographic identification or a driver's license from that 
jurisdiction may engage in conduct authorized for a qualifying patient under this chapter. 
2.  Duration of stay.  A visiting qualifying patient may only engage in conduct 
authorized for a qualifying patient under this chapter if that patient is staying in this State 
for at least 24 hours in a single visit.  There is no maximum duration. 
3.  Protections provided under this chapter.  The conduct authorized under this 
chapter is authorized and protected only in this State. 
4.  Designation of primary caregiver in this State or dispensary in this State.  A 
visiting qualifying patient must designate a primary caregiver in this State or registered 
dispensary in this State in order to engage in conduct authorized for a qualifying patient 
under this chapter.  A primary caregiver must include a visiting qualifying patient who 
has designated the primary caregiver in the maximum of 5 qualifying patients that the 
primary caregiver may assist.  
Sec. 19.  22 MRSA §2424, sub-§3, as amended by PL 2013, c. 394, §1, is further 
amended to read: 
3.  Registry identification cards.  The department shall adopt rules governing the 
manner in which it considers applications for and renewals of registry identification cards 
for registered patients, registered primary caregivers, principal officers, board members 
and employees of dispensaries and staff of hospice providers and nursing facilities 
designated as primary caregivers.  The department's rules must require the submission of 
an application, must require replacement of a registry identification card that has been 
lost, destroyed or stolen or that contains information that is no longer accurate and must 
establish application and renewal fees that generate revenues sufficient to offset all 
expenses of implementing and administering this chapter and that are consistent with the 
provisions of section 2425, subsection 12.  The department may establish a sliding scale 
of application and renewal fees based upon a registered patient's family income and status 
as a veteran of the Armed Forces of the United States.  The department may accept 
donations from private sources in order to reduce the application and renewal fees. 
Sec. 20.  22 MRSA §2425, sub-§1, as amended by PL 2013, c. 516, §10, is 
repealed. 
Sec. 21.  22 MRSA §2425, sub-§2, as amended by PL 2013, c. 516, §11, is 
repealed. 
Sec. 22.  22 MRSA §2425, sub-§3, as amended by PL 2013, c. 394, §4, is further 
amended to read: 
3.  Department approval or denial.  The department shall verify the information 
contained in an application or renewal submitted pursuant to this section and shall 
approve or deny an application or renewal within 30 days of receiving it.  The department 
may deny an application or renewal only if the applicant did not provide the information 
required pursuant to this section or, the department determines that the applicant does not 
qualify for a registry identification card or that the information provided was falsified or 
based on a failure of the applicant to comply with this chapter or rules adopted pursuant 
to this chapter or the applicant has acted in bad faith with respect to the laws and rules 
governing medical use of marijuana.  Rejection of an application or renewal is considered 
a final agency action, subject to judicial review. Jurisdiction and venue for judicial review 
are vested in the Superior Court. 
Sec. 23.  22 MRSA §2425, sub-§4, as amended by PL 2013, c. 396, §10, is 
further amended to read: 
4.  Primary caregiver registry identification card.  The Upon review and approval 
of an application or renewal, the department shall issue a registry identification card to 
each registered primary caregiver, if any, who is named in a registered patient's approved 
application pursuant to subsection 1, paragraph E and, if the registered primary caregiver 
employs an employee pursuant to section 2423-A, subsection 2, paragraph I, to that 
employee who completes an acceptable application. 
Sec. 24.  22 MRSA §2425, sub-§5, as amended by PL 2013, c. 396, §11, is 
further amended to read: 
5.  Registry identification card issuance.  The department shall issue registry 
identification cards to registered patients, to registered primary caregivers, to employees 
of registered caregivers and to staff of hospice providers and nursing facilities, as 
applicable, designated by registered qualifying 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. 
Sec. 25.  22 MRSA §2425, sub-§8, ¶¶A, F, G, H and K, as amended by PL 
2013, c. 516, §13, are further amended to read: 
A.  Applications and supporting information submitted by qualifying patients and 
registered patients under this chapter, including information regarding their primary 
caregivers and medical providers, are confidential. 
F.  Applications, supporting information and other information regarding a registered 
dispensary are not confidential except that information that is contained within 
dispensary information that identifies a qualifying patient, a registered patient, the 
registered qualifying patient's medical provider and the primary caregiver of the 
qualifying patient or registered patient is confidential. 
G.  Records maintained by the department pursuant to this chapter that identify 
applicants for a registry identification card, registered qualifying patients, registered 
primary caregivers and registered qualifying patients' medical providers are 
confidential and may not be disclosed except as provided in this subsection and as 
follows: 
(1)  To department employees who are responsible for carrying out this chapter;  
(2)  Pursuant to court order or subpoena issued by a court; 
(3)  With written permission of the registered qualifying patient or the patient's 
guardian, if the patient is under guardianship, or a parent, if the patient has not 
attained 18 years of age; 
(4)  As permitted or required for the disclosure of health care information 
pursuant to section 1711-C; 
(5)  To a law enforcement official for verification purposes. The records may not 
be disclosed further than necessary to achieve the limited goals of a specific 
investigation; and 
(6) To a registered qualifying patient's treating medical provider and to a 
registered qualifying patient's registered primary caregiver for the purpose of 
carrying out this chapter. 
H.  This subsection does not prohibit a medical provider from notifying the 
department if the medical provider acquires information indicating that a registered 
patient or qualifying patient is no longer eligible to use marijuana for medical 
purposes or that a registered patient or qualifying patient falsified information that 
was the basis of the medical provider's certification of eligibility for use. 
K.  Except as otherwise provided in this subsection, a person who knowingly violates 
the confidentiality of information protected under this chapter commits a civil 
violation for which a fine of up to $1,000 may be imposed.  This paragraph does not 
apply to a medical provider or staff of a hospice provider or nursing facility named as 
a primary caregiver or any other a person directly associated with a medical provider 
or a hospice provider or nursing facility that provides services to a registered 
qualifying patient. 
Sec. 26.  22 MRSA §2425, sub-§8, ¶M is enacted to read: 
M.  The name, address, telephone number and any other identifying information of a 
complainant is confidential.  Notwithstanding this paragraph, a complaint may be 
filed anonymously. 
Sec. 27.  22 MRSA §2425, sub-§9-A, as enacted by PL 2011, c. 407, Pt. B, §28, 
is repealed. 
Sec. 28.  22 MRSA §2425, sub-§10, ¶B, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
B.  The number of medical provider-issued medical certification cards issued to 
qualifying patients in each county and primary caregivers approved the number of 
department-issued caregiver certification cards issued in each county; 
Sec. 29.  22 MRSA §2425, sub-§11, as enacted by PL 2011, c. 383, §4, is 
amended to read: 
11.  Valid identification.  A registered patient, registered primary caregiver, an 
employee of a registered primary caregiver or a principal officer, board member or 
employee of a registered dispensary who has been issued a valid registry identification 
card pursuant to this section or a qualifying patient who has been issued a medical 
provider-issued medical certification card must also possess a valid Maine-issued driver's 
license with a photo or other Maine-issued photo identification in order to establish proof 
of authorized participation in the medical use of marijuana under this chapter. 
Sec. 30.  22 MRSA §2425, sub-§12, ¶H is enacted to read: 
H.  Fees are nonrefundable except that an unsuccessful applicant for a dispensary 
certificate of registration must be refunded the application fee, less $1,000. 
Sec. 31.  22 MRSA §2425, sub-§13 is enacted to read: 
13.  Time limits on reapplication after denial or revocation.  The following time 
limits apply to a reapplication after denial or revocation.  
A.  When a registry identification card for a registered primary caregiver, a registered 
primary caregiver employee or principal officer, board member or employee of a 
registered dispensary has been denied or revoked on one occasion, the individual may 
not reapply for a registry identification card to be a registered primary caregiver, a 
registered primary caregiver employee or principal officer, board member or 
employee of a registered dispensary for a period of one year from the effective date 
of the denial or revocation decision if not appealed or, if appealed, from the effective 
date of the reviewing court's order. 
B.  When a registry identification card for a registered primary caregiver, a registered 
primary caregiver employee or principal officer, board member or employee of a 
registered dispensary has been denied or revoked on 2 occasions, the individual may 
not reapply for a registry identification card to be a primary caregiver, a registered 
primary caregiver employee or principal officer, board member or employee of a 
registered dispensary for a period of 2 years from the effective date of the denial or 
revocation decision if the decision is not appealed or, if appealed, from the effective 
date of the reviewing court's order. 
C.  When a registry identification card for a registered primary caregiver, a registered 
primary caregiver employee or principal officer, board member or employee of a 
registered dispensary has been denied or revoked on 3 occasions, the individual may 
not receive another registry identification card to be a primary caregiver or principal 
officer, board member or employee of a dispensary. 
Sec. 32.  22 MRSA §2428, sub-§2, ¶B, as amended by PL 2009, c. 631, §42 and 
affected by §51, is further amended to read: 
B.  The department shall track the number of registered qualifying patients who 
designate a dispensary to cultivate marijuana for them and issue to each dispensary a 
written statement of the number of patients who have designated the dispensary to 
cultivate marijuana for them.  This statement must be updated each time a new 
registered qualifying patient designates the dispensary or ceases to designate the 
dispensary.  The statement may be transmitted electronically if the department's rules 
so provide.  The department may provide by rule that the updated written statements 
may not be issued more frequently than once each week. 
Sec. 33.  22 MRSA §2428, sub-§6, ¶I, as amended by PL 2013, c. 501, §2, is 
further amended to read: 
I.  All cultivation of marijuana must take place in an enclosed, locked facility unless 
the marijuana plants are being transported between the dispensary and a location at 
which the dispensary cultivates the marijuana plants, as disclosed to the department 
in subsection 2, paragraph A, subparagraph (3).  The dispensary shall use a numerical 
identification system to enable the dispensary to track marijuana plants from 
cultivation to sale and to track prepared marijuana obtained pursuant to section 
2423-A, subsection 2, paragraph H from acquisition to sale.  Access to the cultivation 
facility is limited to a cardholder who is a principal officer, board member or 
employee of the dispensary when acting in that cardholder's official capacity, except 
that an elected official invited by a principal officer, board member or employee for 
the purpose of providing education to the elected official on cultivation by the 
dispensary, 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 or 
a municipal official to further the business of the municipality may access the 
cultivation facility to provide professional services while under the direct supervision 
of a cardholder who is a principal officer, board member or employee of the 
dispensary. 
Sec. 34.  22 MRSA §2429, sub-§4 is enacted to read: 
4.  Revocation of a caregiver certification card.  The effective date of revocation 
for a caregiver certification card is 10 days after the date of the notice of revocation or 10 
days after the date upon which rights of appeal are exhausted, whichever is later. 
A.  A primary caregiver whose caregiver registration card has been revoked shall 
notify designated qualifying patients of the revocation. 
B.  A primary caregiver whose caregiver registration card has been revoked shall, in 
accordance with this chapter, dispose of all medical marijuana in any form. 
Sec. 35.  22 MRSA §2430, sub-§2, ¶¶A and B, as enacted by PL 2009, c. 631, 
§45 and affected by §51, are amended to read: 
A.  All money received as a result of applications and reapplications for registration 
as a qualifying patient, primary caregiver and dispensary; 
B.  All money received as a result of applications and reapplications for registry 
identification cards for registered patients, primary caregivers, employees of primary 
caregivers and dispensaries and board members, officers and employees of 
dispensaries; 
Sec. 36.  22 MRSA §2430-A, as repealed and replaced by PL 2013, c. 516, §16, is 
repealed and the following enacted in its place: 
§2430-A.  Compliance 
1.  Compliance; testing.  The department may take action necessary to ensure 
compliance with this chapter, including but not limited to obtaining, possessing and 
performing laboratory testing on marijuana from registered primary caregivers and 
registered dispensaries in accordance with this chapter. 
2.  Fines.  Failure to comply with this chapter may result in the imposition of fines. 
3.  Registered primary caregiver penalties.  A registered primary caregiver who 
fails to comply with the provisions of this chapter commits a civil violation for which a 
fine of not less than $200 per day and not more than $500 per day must be adjudged.  
Each day of violation constitutes a separate offense.  A person who at the time of the 
violation of the provisions of this chapter has been previously found to have violated this 
chapter commits a Class D crime. 
4.  Registered dispensary penalties.  A registered dispensary that fails to comply 
with the provisions of this chapter commits a civil violation for which a fine of not less 
than $500 per day and not more than $1,000 per day must be adjudged.  Each day of 
violation constitutes a separate offense.  A person who at the time of the violation of the 
provisions of this chapter has been previously found to have violated this chapter 
commits a Class D crime. 
5.  Penalties for failure to register as primary caregiver.  A person who fails to 
register as a primary caregiver and who engages in conduct that is only authorized for a 
registered primary caregiver in accordance with this chapter commits a civil violation for 
which a fine of not less than $500 per day and not more than $1,000 per day must be 
adjudged.  Each day of violation constitutes a separate offense.  A person who at the time 
of the violation of the provisions of this chapter has been previously found to have 
violated this chapter commits a Class D crime. 
6.  Penalties for failure to register as a dispensary.  A person, firm, partnership, 
association, corporation or other entity that fails to register as a dispensary and who 
engages in conduct that is only authorized for a registered dispensary in accordance with 
this chapter commits a civil violation for which a fine of not less than $1,000 per day and 
not more than $5,000 per day must be adjudged.  Each day of violation constitutes a 
separate offense.  A person who at the time of the violation of the provisions of this 
chapter has been previously found to have violated this chapter commits a Class D crime. 
7.  Injunctive relief.  Notwithstanding any other remedies provided by law, the 
Office of the Attorney General may seek an injunction to require a registered primary 
caregiver, a registered dispensary, a person who fails to register as a primary caregiver 
and who engages in conduct that is only authorized for a registered primary caregiver or a 
person or entity that fails to register as a dispensary and that engages in conduct that is 
only authorized for a registered dispensary to comply with the provisions of this chapter.  
When an injunction has been issued in accordance with this chapter, the District Court 
may order the registered primary caregiver, the registered dispensary or the person or 
entity subject to the injunction to pay to the General Fund the costs of the investigation 
incurred by the Office of the Attorney General and the costs of suit, including attorney's 
fees. 
8.  Violation of injunction.  The Office of the Attorney General may seek court 
action against a registered primary caregiver, a registered dispensary or a person or entity 
for violation of the terms of an injunction issued under subsection 7.  The District Court 
may make the necessary orders or judgments regarding violation of the terms of the 
injunction, including but not limited to imposition of a fine of not less than $500 nor 
more than $1,000 for each violation.  Each day of violation constitutes a separate offense. 
9.  Burden of proof.  The department shall prove by a preponderance of the evidence 
that the alleged violations of this chapter occurred. 
SUMMARY 
This bill makes the following changes to the Maine Medical Use of Marijuana Act.  It 
provides that: 
1.  The Department of Health and Human Services is permitted to obtain intelligence 
and investigative record information if it is used in the operation and oversight of the Act; 
2.  The term "person" means an individual, corporation, facility, institution or public 
or private agency; 
3.  The term "primary caregiver" means an individual, employee of that individual or 
an employee of a hospice provider licensed under the Maine Revised Statutes, Title 22, 
chapter 1681 or a nursing facility licensed under chapter 405 that provides care for a 
qualifying patient.  A corporation, facility, institution or public or private agency may not 
be a primary caregiver; 
4.  The definition of "registered patient" is repealed and all references to the concept 
of registering a patient have been removed from the Act; 
5.  The definition of "registry identification card" is amended to include a medical 
provider-issued medical certification card, department-issued caregiver certification card 
and department-issued dispensary certification card; 
6.  A qualifying patient may accept excess prepared marijuana from that qualifying 
patient's registered dispensary in addition to accepting it from that qualifying patient's 
primary caregiver; 
7.  A business entity that is a hospice or nursing facility is not allowed to be a primary 
caregiver, but staff of such an entity may be designated as a primary caregiver if the 
entity elects to honor a patient's request for this service; 
8.  A primary caregiver may only dispense 2 1/2 ounces of medical marijuana to each 
qualifying patient in a 15-day period; 
9.  A municipal official who is furthering the business of a municipality may enter a 
cultivation facility; 
10.  A primary caregiver who is designated to cultivate by only one qualifying patient 
and is designated by no other qualifying patients is not required to register if the 
qualifying patient is a member of the same household as the primary caregiver and no 
additional qualifying patients or primary caregivers are members of that household; 
11.  Exceptions to the requirement that a primary caregiver designated to cultivate 
marijuana for a qualifying patient register with the department are removed; 
12.  A visiting qualifying patient must be in this State not less than 24 consecutive 
hours; 
13.  A visiting qualifying patient must designate a primary caregiver in this State or 
registered dispensary in this State.  A visiting qualifying patient receives protections 
under this Act only while in this State.  A visiting qualifying patient is included in the 
maximum of 5 qualifying patients a primary caregiver may assist; 
14.  The department may not establish a sliding scale of application and renewal fees 
based on a registered patient's family income and status as a veteran of the Armed Forces 
of the United States.  The language establishing these provisions is removed; 
15.  Language regarding registered patients has been removed or changed to reflect 
the medical provider certification process; 
16.  Failure of an applicant to comply with the Act or rules adopted pursuant to the 
Act or a determination by the Department of Health and Human Services that an 
applicant has acted in bad faith with respect to the laws and rules governing medical use 
of marijuana is grounds for denial of an application or renewal of a registry identification 
card; 
17.  The name of a complainant who reports a violation of the Act is confidential; 
18.  Information to be included in the annual report to the Legislature has been 
changed to reflect changes in the medical provider certification process and new 
caregiver certification card terminology; 
19.  Fees are nonrefundable except that an unsuccessful applicant for a dispensary 
certificate of registration must be refunded all but $1,000 of the application fee; 
20. When a registry identification card is denied or revoked on one occasion the 
individual may not reapply for one year; when a registry identification card is denied or 
revoked on 2 occasions the individual may not reapply for 2 years; and when a registry 
identification card is denied or revoked on 3 occasions the individual may not receive 
another registry identification card; 
21.  The effective date for the revocation of a caregiver certification card is 10 days 
after the notice date or 10 days after the right to appeal is exhausted, whichever is later.  
The caregiver must notify the caregiver's qualifying patients and dispose of the 
caregiver's medical marijuana; 
22.  A primary caregiver and a registered dispensary are subject to fines for violations 
of the provisions of the Act or for failing to register as a primary caregiver or dispensary; 
23.  Fines prescribed for violations of the Act are mandatory; 
24.  The Office of the Attorney General may seek an injunction to require a registered 
primary caregiver, a registered dispensary, a person who fails to register as a primary 
caregiver and who engages in conduct that is only authorized for a registered primary 
caregiver or a person or entity that fails to register as a dispensary and that engages in 
conduct that is only authorized for a registered dispensary to comply with the Act.  The 
District Court may order the registered primary caregiver, the registered dispensary or the 
person or entity to pay the costs of the investigation and the costs of suit, including 
attorney's fees; 
25.  The Office of the Attorney General may seek court action against a registered 
primary caregiver, a registered dispensary or a person or entity for violation of an 
injunction, including but not limited to imposition of a fine; and 
26.  The department's burden of proof for a violation of the Act is a preponderance of 
the evidence.