An Act To Permit Medical Marijuana Cultivation by Incapacitated Adults
Maine Legislature, Session 127, LD 0752
Committee: Health and Human Services
Sponsors: DUNPHY, BRAKEY, HARLOW, MALABY, O'CONNOR, RUSSELL, RYKERSON, SANDERSON
Amends: 22 MRSA §2423-A

Legislative Document 
No. 752 
H.P. 505 
House of Representatives, March 5, 2015 
An Act To Permit Medical Marijuana Cultivation by Incapacitated 
Adults 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative DUNPHY of Embden. 
Cosponsored by Senator BRAKEY of Androscoggin and 
Representatives: HARLOW of Portland, MALABY of Hancock, O'CONNOR of Berwick, 
RUSSELL of Portland, RYKERSON of Kittery, SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2423-A, sub-§1, as amended by PL 2013, c. 396, §§2 to 4, is 
further amended to read: 
1.  Qualifying patient.  Except as provided in section 2426, a qualifying patient, 
including an incapacitated adult, may: 
A.  Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of 
marijuana as provided in subsection 5; 
B.  Cultivate, or designate a primary caregiver to cultivate under paragraph F, up to a 
total of 6 mature marijuana plants for that qualifying patient.  The total number of 
mature marijuana plants per qualifying patient, whether cultivated by the patient or 
by a primary caregiver, may not exceed 6.  In addition to the 6 mature marijuana 
plants, the patient who is cultivating the patient's own marijuana may have harvested 
marijuana in varying stages of processing in order to ensure the patient is able to 
maintain supply and meet personal needs.  Two or more qualifying patients who are 
members of the same household and cultivating their own marijuana may share one 
enclosed, locked facility for cultivation; 
C.  Possess marijuana paraphernalia; 
D.  Furnish or offer to furnish to another qualifying patient for that patient's medical 
use of marijuana up to 2 1/2 ounces of prepared marijuana if nothing of value is 
offered or transferred in return; 
E.  Designate one person, 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 or 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; 
F.  Designate one primary caregiver or a registered dispensary to cultivate marijuana 
for the medical use of the patient, except that a hospice provider or a nursing facility 
that 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;  
G.  Be in the presence or vicinity of the medical use of marijuana and assist any 
qualifying patient with using or administering marijuana; and 
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. 
As used in this subsection, "incapacitated adult" has the same meaning as in section 3472, 
subsection 10. 
SUMMARY 
This bill allows a qualifying patient under the Maine Medical Use of Marijuana Act 
who is an incapacitated adult to possess marijuana and cultivate marijuana for that 
incapacitated adult's own use.