An Act To Increase Patient Safety in Maine's Medical Marijuana Program
Maine Legislature, Session 127, LD 0726
Committee Amendment CA_A_S451 (Senate)
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-B, 22 MRSA §2423-E, 22 MRSA §2425, 22 MRSA §2428, 22 MRSA §2430, 22 MRSA §2430-A

COMMITTEE AMENDMENT " A" to S.P. 256, L.D. 726, Bill, "An Act To 
Increase Patient Safety in Maine's Medical Marijuana Program" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'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 qualifying patient, a registered 
primary caregiver, an employee of a registered primary caregiver or a principal officer, 
board member or employee of a registered dispensary or a marijuana testing facility who 
has been issued and possesses a valid registry identification card. 
Sec. 2. 22 MRSA §2422, sub-§4-A, as enacted by PL 2011, c. 407, Pt. B, §4, is 
amended to read: 
4-A. Incidental amount of marijuana. "Incidental amount of marijuana" means an 
amount of nonflowering marijuana plants and~ marijuana seeds, stalks and roots; and 
harvested, dried unprepared marijuana defined by rules adopted by the department. 
Sec. 3. 22 MRSA §2422, sub-§5-C is enacted to read: 
5-C. Marijuana testing facility. "Marijuana testing facility" means a public or 
private laboratory that: 
A. Is licensed, certified or otherwise approved by the department in accordance with 
rules adopted by the department under section 2423-A, subsection 10, paragraph D to 
analyze contaminants in and the potency and cannabinoid profile of samples; and 
B. 
Is accredited pursuant to standard ISO/IEC 17025 of the International 
Organization for Standardization by a 3rd-party accrediting body or is certified, 
registered or accredited by an organization approved by the department. 
Sec. 4. 22 MRSA §2422, sub-§13, as amended by PL 2009, c. 631, §18 and 
affected by §51, is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT " I\" to S.P. 256, L.D. 726 
I 
13. Registry identification card. "Registry identification card" means a document 
issued by the department that identifies a person as a registerea patieat, registered 
primary caregiver, an employee of a registered primary caregiver or f! principal officer, 
board member or employee of a dispensary or a marijuana testing facility. 
Sec. 5. 22 MRSA §2422, sub-§14-A is enacted to read: 
14-A. Sample. "Sample" means any marijuana or product containing marijuana 
regulated under this chapter that is provided for testing or research purposes to a 
marijuana testing facility by a qualifying patient, designated primary caregiver or 
dispensary. 
Sec. 6. 22 MRSA §2423-A, sub-§1, ,rG, as amended by PL 2013, c. 396, §3, is 
further amended to read: 
G. Be in the presence or vicinity of the medical use of marijuana and assist any 
qualifying patient with using or administering marijuana; aaa 
Sec. 7. 22 MRSA §2423-A, sub-§1, ,rH, as enacted by PL 2013, c. 396, §4, is 
amended to read: 
H. Accept excess prepared marijuana from a primary caregiver in accordance with 
subsection 2, paragraph H if nothing of value is provided to the primary caregiver';'~ 
and 
Sec. 8. 22 MRSA §2423-A, sub-§1, ,rI is enacted to read: 
I. Provide samples to a marijuana testing facility for testing and research pw:poses. 
Sec. 9. 22 MRSA §2423-A, sub-§2, ,rJ, 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; aaa 
Sec. 10. 22 MRSA §2423-A, sub-§2, ,rI(, as reallocated by RR 2013, c. I, §40, 
8 
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 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 256, L.D. 726 
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.~ 
Sec. 11. 22 MRSA §2423-A, sub-§2, ,r~ and M are enacted to read: 
L. If the primary caregiver is a registered primary caregiver, provide samples to a 
marijuana testing facility for testing and research purposes; and 
M. If the primary caregiver is a registered primary caregiver, conduct marijuana 
testing at the request of anyone authorized to possess marijuana under this chapter for 
research and development purposes only. 
Sec. 12. 22 MRSA §2423-A, sub-§3, ,rA, 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, an employee of a marijuana testing facility 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 patient. 
Sec. 13. 22 MRSA §2423-A, sub-§3, ,rB, 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, an 
employee of a marijuana testing facility 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. 
Sec. 14. 22 MRSA §2423-A, sub-§§10, 11 and 12 are enacted to read: 
10. Marijuana testing facility. The following provisions apply to a marijuana 
testing facility. 
A. A marijuana testing facility may receive and possess samples from qualifying 
patients, designated primary caregivers and dispensaries to provide testing for the 
cannabinoid profile and potency of the samples and for contaminants in the samples, 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A" to S.P. 256, L.D. 726 
including but not limited to mold, mildew, heavy metals, plant regulators and illegal 
pesticides. 
For the purposes of this paragraph, "plant regulator" has the same 
meaning as in Title 7, section 604, subsection 26. 
B. 
An employee of a marijuana testing facility may have access to cultivation 
facilities pursuant to subsection 3, paragraphs A and B and section 2428, subsection 
6, paragraph I. 
C. A marijuana testing facility shall: 
(1) Properly dispose of marijuana residue in compliance with department rules; 
(2) House and store marijuana in the facility's possession or control during the 
process of testing, transport or analysis in a manner to prevent diversion, theft or 
loss; 
(3) Label marijuana being transported to and from the facility with the following 
statement: "For Testing Purposes Only"; 
(4) Maintain testing results as part of the facility's business books and records; 
and 
(5) Operate in accordance with rules adopted by the department. 
D. The department shall adopt routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A governing marijuana testing facilities, including but not limited 
to: 
(I) Marijuana testing facility director qualification requirements; 
(2) Required security for marijuana testing facilities; and 
(3) Requirements for the licensing, certifying or other approval of marijuana 
testing facilities. 
11. Immunity. The immunity provisions in this subsection apply to a marijuana 
testing facility's principal officers, board members, agents and employees. Any immunity 
provision in this chapter in conflict with this subsection does not apply to a marijuana 
testing facility. 
A. 
A marijuana testing facility 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 
chapter. 
B. A principal officer, board member, agent or employee of a marijuana testing 
facility 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 marijuana testing facility to test 
marijuana provided by a qualifying patient, registered primary caregiver or 
dispensary. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to S.P. 256, L.D. 726 
12. 
Interest. 
A principal officer, board member or emolovee of a registered 
dispensary or primary caregiver may not have a financial or other interest in a marijuana 
testing facility providing services associated with product labeling for that dispensary or 
primary caregiver. 
Sec. 15. 22 MRSA §2423-B, sub-§§6 and 7 are enacted to read: 
6. Certification issued based on debilitating condition. A medical provider may 
not condition the issuance of a certification for the medical use of marijuana on any 
requirements other than the patient's debilitating medical condition. Nothing in this 
section may be construed to prevent a medical provider from exercising professional 
judgment in declining to issue a certification for the medical use of marijuana. 
7. 
Patient referral disclosure of interest. 
Prior to providing a referral to a 
qualifying patient for goods and services associated with a certification for the medical 
use of marijuana to an entity in which the medical provider has a direct or indirect 
financial interest, a medical provider shall provide written disclosure to the qualifying 
patient regarding any direct or indirect financial interest the medical provider has or may 
have in the resulting referral and shall maintain a copy of this disclosure in the qualifying 
patient's record. 
Sec. 16. 22 MRSA §2423-E, sub-§1-A is enacted to read: 
1-A. Legal protection for hospitals. The immunity provisions in this subsection 
apply to a hospital licensed under chapter 405 and to principal officers, board members, 
agents and employees of the hospital. Any immunity provision in this chapter in conflict 
with this subsection does not apply to a hospital. The legal protection for hospitals 
applies in accordance with the following. 
A. If the use of forms of prepared marijuana that are not smoked or vaporized, 
including but not limited to edible marijuana and tinctures and salves of marijuana, 
by admitted patients who have been certified under section 2423-B occurs in a 
hospital, that hospital is not subject to prosecution, search, seizure or penalty in any 
manner, including but not limited to a civil penalty or disciplinary action by an 
occupational or professional licensing board or entity, and may not be denied any 
license, registration, right or privilege solely because the admitted patient lawfully 
engages in conduct involving the medical use of marijuana authorized under this 
chapter. 
B. A principal officer, board member or employee of a hospital where the use of 
forms of prepared marijuana that are not smoked or vaporized, including but not 
limited to edible marijuana and tinctures and salves of marijuana, by admitted 
patients who have been certified under section 2423-B occurs 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 an occupational or professional licensing board 
or entity, and may not be denied any license, registration, right or privilege solely 
because the admitted patient lawfully engages in conduct involving the medical use 
of marijuana authorized under this chapter. 
Sec. 17. 22 MRSA §2423-E, sub-§4, as enacted by PL 2011, c. 407, Pt. B, §20, 
is amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to S.P. 256, L.D. 726 
4. Prohibition on seizure and retention. Except when necessary for an ongoing 
criminal or civil investigation, a law enforcement officer may not seize marijuana that is 
in the possession of a qualifying patient, primary caregiver, marijuana testing facility or 
registered dispensary as authorized by this chapter. 
A law enforcement officer in 
possession of marijuana in violation of this subsection must return the marijuana within 7 
days after receiving a written request for return by the owner of the marijuana. 
Notwithstanding the provisions of Title 14, chapter 741, if the law enforcement officer 
fails to return marijuana possessed in violation of this subsection within 7 days of 
receiving a written request for return of the marijuana under this subsection, the owner of 
the marijuana may file a claim in the District Court in the district where the owner lives 
or where the law enforcement officer is employed. 
Sec. 18. 22 MRSA §2423-E, sub-§9 is enacted to read: 
9. Labels. If a registered primary caregiver affixes a label on the packaging of any 
marijuana or product containing marijuana provided to a qualifying patient and that label 
includes information about contaminants, the cannabinoid profile or potency of the 
marijuana or product containing marijuana, the label must be verified by a marijuana 
testing facility that is not owned by the caregiver if there is a marijuana testing facility 
licensed, certified or approved in accordance with this chapter. 
Sec. 19. 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 an employee of a primary caregiver or who is a principal 
officer, board member or employee of a registered dispensary or a marijuana testing 
facility must undergo a criminal history record check annually. 
Sec. 20. 22 MRSA §2425, sub-§4-A is enacted to read: 
4-A. Mariiuana testing facility identification card. The department shall issue 
registry identification cards to principal officers, board members and employees of a 
marijuana testing facility within 5 business 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 of the registry identification card; and 
C. A random identification number that is unique to the cardholder. 
Sec. 21. 22 MRSA §2425, sub-§12, ,rG, as enacted by PL 2013, c. 394, §6, is 
amended to read: 
G. There is a fee for laboratory testing of marijuana that is cultivated, harvested, 
processed, prepared or provided by a registered primary caregiver or registered 
dispensary of not less than $50 and not more than $300 per test sample specimen. 
Sec. 22. 22 MRSA §2428, sub-§6, ,rI, as amended by PL 2013, c. 501, §2, is 
further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 256, L.D. 726 
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, an employee of a marijuana testing facility 
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 professional services while under the direct supervision of a cardholder who 
is a principal officer, board member or employee of the dispensary. 
Sec. 23. 22 MRSA §2428, sub-§6, 1,rM and N are enacted to read: 
M. A dispensary may provide samples to a marijuana testing facility for testing and 
research purposes. 
N. A dispensary may conduct marijuana testing at the request of anyone authorized 
to possess marijuana under this chapter for research and development pm:poses only. 
Sec. 24. 22 MRSA §2428, sub-§12 is enacted to read: 
12. Labels. If a dispensary affixes a label on the packaging of any marijuana or 
product containing marijuana provided to a qualifying patient and that label includes 
information about contaminants, the cannabinoid profile or potency of the marijuana or 
product containing marijuana, the label must be verified by a marijuana testing facility 
that is not owned by the dispensary if there is a marijuana testing facility licensed, 
certified or approved in accordance with this chapter. 
Sec. 25. 22 MRSA §2430, sub-§2, ,rB, as enacted by PL 2009, c. 631, §45 and 
affected by §51, is amended to read: 
B. All money received as a result of applications and reapplications for registry 
identification cards for registered patients, primary caregivers and dispensaries and 
board members, officers and employees of dispensaries or marijuana testing facilities; 
Sec. 26. 22 MRSA §2430-A, first 1, as enacted by PL 2013, c. 516, §16, is 
amended to read: 
The department may take action necessary to ensure compliance with this chapter, 
including, but not limited to, collecting, possessing, transporting and performing 
laboratory testing on soil and marijuana plant saffif!les specimens and samples portions of 
products containing marijuana from registered primary caregivers and registered 
dispensaries to determine compliance with this chapter and for evidence purposes. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 256, L.D. 726 
Sec. 27. Rules. By December 31, 2017, the Department of Health and Human 
Services shall adopt routine technical rules pursuant to the Maine Revised Statutes, Title 
22, section 2423-A, subsection 10, paragraph D.' 
SUMMARY 
This committee amendment strikes and replaces the bill. 
It allows for the operation of marijuana testing facilities. These facilities may possess 
marijuana regulated under the Maine Medical Use of Marijuana Act. 
It creates an 
immunity provision within the Maine Medical Use of Marijuana Act for marijuana testing 
facilities. It directs the Department of Health and Human Services to issue registry 
IO 
identification cards to certain individuals at marijuana testing facilities. It provides that, 
if a label for medical marijuana refers to information about contaminants, potency or 
cannabinoid profile, the label must be verified by a marijuana testing facility. 
It amends the definition of "incidental amount of marijuana" to mirror the definition 
contained in rule. 
It requires a medical provider, prior to referring a patient to an entity that provides 
goods and services related to the medical use of marijuana, to provide written disclosure 
to the patient of any financial interest the provider has or may have in the referral. 
It provides legal protection to hospitals and principal officers, board members, agents 
and employees of hospitals when the use of smokeless forms of medical marijuana occurs 
in the hospital by admitted patients who are certified to do so in accordance with the 
Maine Medical Use of Marijuana Act. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
.,., 
Revised: 03/23/16 frac 
LD726 
LR 1191(02) 
An Act To Increase Patient Safety in Maine's Medical Marijuana Program 
Fiscal Note for Bill as Amended by Committee Amendment ''A' (S- L.f~\) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Other Special Revenue Funds 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
This bill authorizes the establishment of marijuana testing facilities which would be licensed by the Department of 
Health and Human Services. Depending on the number of such facilities that get established, the department may 
require additional staff to provide oversight and conduct additional on-site visits. The Medical Use of Marijuana Fund 
currently has sufficient funding to accommodate some additional expenditures and the department may acquire 
additional revenue from establishing licensing fees. No estimate is made of the number of facilities that will be 
established. 
LRl 191(02) - Fiscal Note - Page 1 of 1