An Act To Allow a Qualifying Patient To Use Medical Marijuana in a Hospital
Maine Legislature, Session 127, LD 0035
Committee: Health and Human Services
Sponsors: BRAKEY, RUSSELL, HASKELL, SAVIELLO, BEAVERS, GATTINE, O'CONNOR, SANDERSON
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2424, 22 MRSA §2425

Legislative Document 
No. 35 
S.P. 17 
In Senate, January 13, 2015 
An Act To Allow a Qualifying Patient To Use Medical Marijuana in 
a Hospital 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BRAKEY of Androscoggin. 
Cosponsored by Representative RUSSELL of Portland and 
Senators: HASKELL of Cumberland, McCORMICK of Kennebec, SAVIELLO of Franklin, 
Representatives: BEAVERS of South Berwick, GATTINE of Westbrook, O'CONNOR of 
Berwick, SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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 employee of 
that person, a hospice provider licensed under chapter 1681 or, a nursing facility licensed 
under chapter 405 or a hospital licensed under chapter 405 that provides care for a 
qualifying patient in accordance with section 2423-A, subsection 2.  A person who is a 
primary caregiver must be at least 21 years of age and may not have been convicted of a 
disqualifying drug offense. 
Sec. 2.  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, hospice provider or, nursing facility or hospital 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 or hospital 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. 3.  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 patient, except that a hospice provider or, a nursing facility 
or a hospital that is designated as a primary caregiver by a patient and the staff of the 
provider or, facility or hospital 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. 4.  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, nursing facility or hospital.  A registered patient may name a 
hospice provider licensed under chapter 1681 or, a nursing facility licensed under chapter 
or a hospital licensed under chapter 405 to serve as a registered primary caregiver.  If 
a hospice provider or, nursing facility or hospital is named as a primary caregiver, the 
provider or, facility or hospital shall complete the registration process with the 
department and obtain a primary caregiver registration card and the staff of the provider 
or, facility or hospital shall obtain registry identification cards.  To be issued a registry 
identification card, a staff person of a hospice provider or, nursing facility or hospital that 
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 
or hospital and the staff of the provider or, facility or hospital may not cultivate marijuana 
for the patient. 
Sec. 5.  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 provider, nursing facility or hospital 
permitted.  A qualifying patient who is a resident of a hospice provider facility licensed 
under chapter 1681 or a nursing facility licensed under chapter 405 or who is an admitted 
patient of a hospital licensed under chapter 405, while in the hospice provider facility or, 
nursing facility or hospital, 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 the 
hospice provider or, nursing facility or hospital as a primary caregiver under subsection 4.  
A hospice provider or, nursing facility or hospital 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. 6.  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 and 
hospitals 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. 7.  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 and 
hospitals designated by registered 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. 8.  22 MRSA §2425, sub-§8, ¶K, as amended by PL 2013, c. 516, §13, is 
further amended to read: 
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 or 
hospital named as a primary caregiver or any other person directly associated with a 
medical provider or a hospice provider or, nursing facility or hospital that provides 
services to a registered patient. 
SUMMARY 
This bill adds hospitals to the list of eligible primary caregivers for qualifying 
patients, adds hospitals to the universe of medical facilities where qualifying patients may 
use and store forms of smokeless, prepared marijuana and eliminates the ability of these 
medical facilities to prohibit or restrict the use or storage of smokeless, prepared 
marijuana by a qualifying patient.