An Act To Remove from the Maine Medical Use of Marijuana Act the Requirement That a Patient's Medical Condition Be Debilitating
Maine Legislature, Session 127, LD 0023
Committee: Health and Human Services
Sponsors: RUSSELL
Amends: 22 MRSA §2422, 22 MRSA §2423-B, 22 MRSA §2423-E, 22 MRSA §2424, 22 MRSA §2425

Legislative Document 
No. 23 
H.P. 22 
House of Representatives, January 13, 2015 
An Act To Remove from the Maine Medical Use of Marijuana Act 
the Requirement That a Patient's Medical Condition Be Debilitating 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative RUSSELL of Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2422, sub-§2, as amended by PL 2013, c. 361, §1, is repealed. 
Sec. 2.  22 MRSA §2422, sub-§5, as amended by PL 2011, c. 407, Pt. B, §5, is 
further amended to read: 
5.  Medical use.  "Medical use" means the acquisition, possession, cultivation, 
manufacture, use, delivery, transfer or transportation of marijuana or paraphernalia 
relating to the administration of marijuana to treat or alleviate a qualifying patient's 
debilitating medical condition or symptoms associated with the patient’s debilitating 
medical condition. 
Sec. 3.  22 MRSA §2422, sub-§9, as amended by PL 2013, c. 516, §3, is further 
amended to read: 
9.  Qualifying patient.  "Qualifying patient" or "patient" means a person who has 
been diagnosed by a medical provider as having a debilitating medical condition and who 
possesses a valid written certification regarding medical use of marijuana in accordance 
with section 2423-B. 
Sec. 4.  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 qualifying 
patient with a debilitating medical condition who is not a resident of this State or who has 
been a resident of this State less than 30 days. 
Sec. 5.  22 MRSA §2422, sub-§16, as amended by PL 2013, c. 516, §5, is further 
amended to read: 
16.  Written certification.  "Written certification" means a document on tamper-
resistant paper signed by a medical provider, that expires within one year and that states 
that in the medical provider's professional opinion a patient is likely to receive therapeutic 
or palliative benefit from the medical use of marijuana to treat or alleviate the patient's 
debilitating medical condition or symptoms associated with the debilitating medical 
condition.  A written certification may be made only in the course of a bona fide medical 
provider-patient relationship after the medical provider has completed a full assessment 
of the qualifying patient's medical history.   
Sec. 6.  22 MRSA §2423-B, first ¶, as amended by PL 2013, c. 516, §8, is further 
amended to read: 
A medical provider may provide a written certification for the medical use of 
marijuana under this chapter and, after having done so, may otherwise state that in the 
medical provider's professional opinion a qualifying patient is likely to receive 
therapeutic benefit from the medical use of marijuana to treat or alleviate the patient's 
debilitating medical condition. 
Sec. 7.  22 MRSA §2423-B, sub-§2, as amended by PL 2013, c. 516, §8, is 
further amended to read: 
2.  Minor qualifying patient.  Prior to providing written certification for the medical 
use of marijuana by a minor qualifying patient under this section, a medical provider, 
referred to in this subsection as "the treating medical provider," shall inform the minor 
qualifying patient and the parent or legal guardian of the patient of the risks and benefits 
of the medical use of marijuana and that the patient may benefit from the medical use of 
marijuana.  Except with regard to a minor qualifying patient who is eligible for hospice 
care, prior to providing a written certification under this section, the treating medical 
provider shall consult with a qualified physician, referred to in this paragraph subsection 
as "the consulting physician," from a list of physicians who may be willing to act as 
consulting physicians maintained by the department that is compiled by the department 
after consultation with statewide associations representing licensed medical professionals.  
The consultation between the treating medical provider and the consulting physician may 
consist of examination of the patient or review of the patient's medical file.  The 
consulting physician shall provide an advisory opinion to the treating medical provider 
and the parent or legal guardian of the minor qualifying patient concerning whether the 
patient is likely to receive therapeutic or palliative benefit from the medical use of 
marijuana to treat or alleviate the patient's debilitating medical condition.  If the 
department or the consulting physician does not respond to a request by the treating 
medical provider within 10 days of receipt of the request, the treating medical provider 
may provide written certification for treatment without consultation with a physician. 
Sec. 8.  22 MRSA §2423-E, sub-§8, as enacted by PL 2011, c. 407, Pt. B, §20, is 
amended to read: 
8.  Defense for possession of excess marijuana.  Except as provided in section 
2426, a qualifying patient may assert the medical purpose for using marijuana as a 
defense to any prosecution involving marijuana possession and may present evidence in 
court that the patient's necessary medical use or cultivation circumstances warranted 
exceeding the amount of marijuana allowed under section 2423-A and was reasonably 
necessary to ensure the uninterrupted availability of marijuana for the purpose of treating 
or alleviating the patient's debilitating medical condition or symptoms associated with the 
patient's debilitating medical condition. 
Sec. 9.  22 MRSA §2424, sub-§2, as repealed and replaced by PL 2011, c. 407, 
Pt. B, §21, is repealed. 
Sec. 10.  22 MRSA §2425, sub-§6, ¶A, as amended by PL 2013, c. 394, §5, is 
further amended to read: 
A.  A registered qualifying patient shall notify the department within 10 days of any 
change in the registered qualifying patient's name, address, primary caregiver or 
preference regarding who may cultivate marijuana for the registered qualifying 
patient, if the registry identification card is no longer accurate, if the change renders 
the registry identification card inaccurate or if the registered qualifying patient ceases 
to have a debilitating the medical condition for which the registered qualifying 
patient obtained certification pursuant to section 2423-B. 
Sec. 11.  22 MRSA §2425, sub-§6, ¶B, as amended by PL 2013, c. 516, §12, is 
further amended to read: 
B.  A registered qualifying patient who fails to notify the department as required 
under paragraph A commits a civil violation for which a fine of not more than $150 
may be adjudged. If the registered qualifying patient's certifying medical provider 
notifies the department in writing that the registered qualifying patient has ceased to 
suffer from a debilitating the medical condition for which the registered qualifying 
patient obtained certification pursuant to section 2423-B, the registered qualifying 
patient's registry identification card becomes void upon notification by the 
department to the qualifying patient. 
SUMMARY 
This bill removes from the Maine Medical Use of Marijuana Act any limitation on 
the type of medical conditions for which patients may be certified by their physicians to 
engage in the medical use of marijuana.