An Act To
Maine Legislature, Session 127, LD 1392
Committee Amendment CA_A_H454 (House)
Amends: 16 MRSA §80, 22 MRSA §2428

COMMITTEE AMENOMENT "A" to H.P. 942, L.D. 1392, Bill, "An Act To 
Amend the Maine Medical Use of Marijuana Act" 
Amend the bill by stl;iking out all of section 1 (page 1, lines 2 to 6 in L.D.) and 
inseliing the following: 
'Sec. 1. 16 MRS A §805, suh-§§S and 6, as enacted by PL 2013, c. 267, Pt. A, 
§3, are amended to read: 
5. An authorized person or entity. A person or public or private entity expressly 
authorized to receive the intelligence and investigative record infonnation by statute, 
executive order, court rule, court decision or court order. "Express authorization" means 
language in the statute, executive oi'der, court rule, court decision or court order that 
specifically speaks of intelligence and investigative record information or specifically 
refers to a type of intelligence or investigative record; et' 
6. Secretary of State. The SecretalY of State for use in the determination and 
issuance of a driver's license suspension.~ 
Sec. 2. 16 MRSA §80S, sub-§7 is enacted to read: 
7. 
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 management of a current investigation pursuant to the Maine Medical Use of 
Marijuana Act.' 
Amend the bill by striking out all of section 11 (page 3, lines 1 to 6 in L.D.) 
Amend the bill in section 12 in paragraph A-I in the 2nd line (page 3, line 9 in L.D.) 
by inserting after the following: "patient" the following: '. A primary caregiver may 
request a waiver from the department to obtain pennission to provide more than 2 1/2 
ounces of prepared marijuana during a IS-day p'eriod to accommodat~ a qualifying 
patient's medical needs. The department shall adopt ru.1es governing the waiver process 
S 
established under this paragraph' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 942, L.ti. 1392 
Amend the bill in section 13 in paragraph A in the 7th line (page 3, line 18 in L.D.) 
by striking out the following: "further the business of the municipality" and inserting the 
following: 'enforce municipal code' 
Amend the bill in section 14 in paragraph B in the 3rd line from the end (page 3, line 
in L.D.) by striking out the following: "further the business of the municipality" and 
inserting the following: 'enforce municipal code' 
Amend the bill in section 15 in paragraph C by striking out all of the first 3 lines 
(page 3, lines 38 to 40 in L.D.) and inserting the following: 
'C. A primalY caregiver designated to cultivate marijuana for a qualifying patient is 
required to register with the depmiment, except that the follo,tVing primary oaregivers 
ate not required to register: a primary caregiver who cultivates for up to 2 qualifying 
patients is not required to register if the qualifying patients are members of the family 
of that primary caregiver and residents of this State.' 
Amend the bill in section 19 in subsection 3 in the 3rd line (page 5, line 24 in L.D.) 
by inserting after the following: "caregivers," the following: 'employees of a registered 
primary caregiver,' 
Amend the bill by striking out all of section 21 (page 5, lines 37 and 38 in L.D.) and 
inselting the following: 
'Sec. 21. 22 l\1RSA §2425, sub-§2, as amended by PL 2013, c. 516, §11, is 
further amended to read: 
2. Issuing medical certification card to minor child. The department A medical 
provider may not register----arul issue a registry identification card that is a medical 
provider-issued medical certification card to a qualifying patient who is under 18 years of 
age minor unless: 
A. The qualifying patient's medical provider has explained the potential risks and 
benefits of the medical use of marijuana to the qualifying patient and to a parent,. 
guardian or person having legal custody of the qualifying patient; 
B. The parent, guardian or person having legal custody consents in writing to: 
(1) The qualifying patient's medical use of marijuana; 
(2) Serving as one of the qualifying patient's primary caregivers; and 
(3) 
Controlling the acquisition of the marijuana and the dosage and the 
frequency of the medical use of marijuana by the qualifying patient; and 
D. The requirements of section 2423-B, subsection 2 have been met.' 
Amend the bill in section 22 in subsection 3 in the 8th line (page 6, line 8 in L.D.) by 
striking out the following; "acted in bad faith with respect to" and inserting the following: 
'violated' 
Amend the bill in section 24 in subsection 5 by striking out all of the first paragraph 
(page 6, lines 22 to 30 in L.D.) and inserting the foll~wing: 
COMMITTEE AMENDMENT 
l3 
COMMITTEE AMENDNIENT 'A" to H.P. 942, L.D. [392 
'5. 
Registry identification card issuance. 
The department shall issue registry 
identification cards to registered patients, to registered primalY caregivers, to employees 
of registered caregivers and to staff of hospice providers and nursing facilities~ 
applicable, designated by registered qualifying patients as primalY 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 identifioatio&-ea1'd. 
Regishy identification cards must contain:' 
Amend the bill by striking out all of section 32 (page 9, lines 1 to 10 in L.D.) and 
inserting the following: 
'Sec. 32. 22 MRSA §2428, sub~§l~A, iiffA, as amended by PL 2011, c. 407, Pt. B, 
§32, is ftuiher amended to read: 
A. Possess and dispense up to 2 112 ounces of prepared marijuana and possess an 
incidental amount of marijuana for each qualifying patient who has designated the 
dispensary. 
A dispensary may request a waiver from the depaltment to obtain 
permission to dispense more than 2 112 ounces of prepared marijuana to 
accommodate a qualifying patient's medical needs. The department shall adopt rules 
governing the waiver process established under this paragraph. For the purposes of 
this chapter, any incidental amount of marijuana is lawful for a registered dispensary 
to possess and is not included in the amounts of prepared marijuana specified in this 
paragraph; 
Sec. 33. 22 MRSA §2428, sub~§2, ~, as amended by PL 2009, c. 631, §42 and 
affected by §51, is repealed.' 
Amend the bill in section 33 in paragraph I in the 4th line from the end (page 9, line 
in L.D.) by striking out the following: "further the business of the municipality" and 
inserting the following: 'enforce municipal code' 
Amend the bill in section 34 in subsection 4 by striking out all of paragraph B (page 
9, lines 36 to 37 in L.D.) and inselting the following: 
'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 for 
designated qualifying patients. 
C. A person who was a primary caregiver until that person's caregiver registration 
card for qualifying patients was revoked may continue to cultivate marijuana for that 
person's personal use if that person is a qualifying patient if not otherwise prohibited 
under the law.' 
Amend the bill in section 36 in §2430-A by striking out all of subsections 3 and 4 
(page 10, lines l3 to 24 in L.D.) and inserting the following: 
'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 may be adjudged. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 942, L.D. 1392 
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 may be adjudged.' 
Amend the bill in section 36 in §2430-A in subsection 5 in the 4th line (page 10, line 
in L.D.) by striking out the following: "must" and inserting the following: 'may' 
Amend the bill in section 36 in §2430-A in subsection 6 in the 3rd line from the end 
(page 10, line 36 in L.D.) by striking out the following: "must" and inserting the 
following: 'may' 
Amend the bill in section 36 in §2430-A by striking out all of subsection 9 (page 11, 
lines 15 and 16 in L.D.) and inserting the following: 
'9. Rules. The department shall adopt routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A to carry out the objectives of this section, including but not 
limited to establishing a process for technical assistance and for the development of a 
corrective action plan for an individual found to be in violation of this chapter.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report, does the following: 
1. 
It reallocates the provisions of the bill that govern the dissemination of 
intelligence and investigative record information from the Maine Revised Statutes, Title 
16, section 806 to Title 16, section 805; 
2. It removes changes to the provision that governs from whom a qualifying patient 
may accept excess prepared marijuana; 
3. It provides that primary caregivers and registered dispensaries may request a 
waiver from the Department of Health and Human Services to obtain permission to 
provide more than 2 1/2 ounces of prepared marijuana during a 15-day· period to 
accommodate a qualifying patient's medical needs and directs the department to adopt 
rules governing the waiver process; 
. 
4. It changes the condition for the right of access to a cultivation facility by a 
municipal official from "to further the business of the municipality" to "to enforce 
municipal code"; 
5. It includes an exception to the registration requirement for a primary caregiver 
designated to cultivate marijuana for a qualifying patient who cultivates for up to 2 
qualifying patients if the qualifying patients are members of the family of that primary 
caregiver and residents of this State; 
6. It includes employees of a registered primary caregiver in the list of individuals 
required to obtain registry identification cards; 
7. It changes the standard for denial of an application from a requirement that the 
applicant acted in bad faith with respect to the laws and rules governing the medical use 
of marijuana to a requirement that the applicant violated these laws and rules; 
COMMITTEE AMENDMENT 
CONIMITTEE AMENDMENT 'A" to H.P. 942, L.D. 1392 
8. It eliminates the exception for expiration of registry identification cards; 
9. 
It repeals the requirement that the department track the number of qualifying 
patients who designate a dispensary to cultivate marijuana for them and report this 
number to the dispensary; 
10. 
It provides that a person who was a primary caregiver until that person's 
caregiver registration card for qualifying patients was revoked may continue to cultivate 
marijuana for that person's personal use if that person is a qualifying patient and not 
otherwise prohibited under the law; and 
11. It makes the imposition of fines discretionalY; amends the penalty provisions for 
registered primary caregivers and dispensaries so that each day of a violation does not 
constitute a separate offense and so that a Class D crime may not be imposed for repeat 
violations; eliminates the provision establishing the burden of proof for alleged violations 
of the Maine Medical Use of Marijuana Act; and directs the Department of Health and 
Hmnan Services to adopt routine technical rules to carry out the objectives of the 
compliance provisions. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06113115 
;:'??ac 
LD 1392 
LR 550(02) 
An Act To Amend the Maine Medical Use of Marijuana Act 
Fiscal Note for Bill as Amended by Cornm ittee Am endm en t A' (1-1- L\-5 4-') 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
There will be additional administrative costs to the Department of Health and Human Services to adopt the changes in 
this bill, but they are expected to be minor and can be absorbed within existing budgeted resources. 
LR0550(02) - Fiscal Note - Page I of I