An Act To Amend the Maine Medical Use of Marijuana Act
Maine Legislature, Session 128, LD 0238
Committee Amendment CA_A_S443 (Senate)
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-F, 22 MRSA §2425, 22 MRSA §2428

COMMITTEE AMENDMENT" A,, to S.P. 84, L.D. 238, Bill, "An Act To Amend 
the Maine Medical Use of Marijuana Act" 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the medical marijuana industry has developed a variety of products 
containing marijuana to serve the needs of qualifying patients; and 
Whereas, the process of manufacturing those products may involve substances that 
are hazardous to use or that are hazardous to health; and 
Whereas, increased oversight over the manufacturing and testing of medical 
marijuana products is needed to ensure safety during the process of manufacturing and 
the safety of medical marijuana products intended for human consumption; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §2422, sub-§4-D to 4-1 are enacted to read: 
4-D. Inherently hazardous substance. "Inherently hazardous substance
means a 
liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a 
flash point at or lower than 38 degrees Celsius or 100 degrees Fahrenheit, including, but 
not limited to, butane, propane and diethyl ether. 
11Inherently hazardous substance" does 
not include any form of alcohol or ethanol. 
4-E. Manufacture or manufacturing. 
11Manufacture
or 
11manufacturing
means 
the production, blending, infusing, compounding or other preparation of marijuana 
Page I - 128LR0186(02)-1 
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COMJvfITTEE AMENDMENT "f\ "to S.P. 84, L.D. 238 
concentrate and marijuana products, including, but not limited to, marijuana extraction or 
preparation by means of chemical synthesis. 
4-F. Manufacturing facility. "Manufacturing facility" means a registered tier 1 or 
tier 2 manufacturing facility or a person or entity authorized to engage in marijuana 
extraction under section 2423-F. 
4-G. Marijuana concentrate. "Marijuana concentrate" means the resin extracted 
from any part of a marijuana plant and every compound. manufacture, salt, derivative. 
mixture or preparation from such resin, including. but not limited to, hashish. 
4-H. Marijuana extraction. "Marijuana extraction" means the process of extracting 
marijuana concentrate from marijuana using water, lipids. gases, solvents or other 
chemicals or chemical processes. 
4-1. 
Marijuana product. 
"Marijuana product" means a product composed of 
marijuana or marijuana concentrate and other ingredients that is intended for medical use. 
"Marijuana product" includes, but is not limited to, an edible marijuana product, a 
marijuana ointment and a marijuana tincture. "Marijuana product" does not include 
marijuana concentrate. 
Sec. 2. 22 MRSA §2422, sub-§5-C, ,A, as enacted by PL 2015, c. 475, §3, is 
amended to read: 
A. Is licensed, certified or otherwise approved by the department authorized 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 
Sec. 3. 22 MRSA §2422, sub-§14-A, as enacted by PL 2015, c. 475, §5, is 
amended 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 ef~ 
dispensary or manufacturing facility. 
Sec. 4. 22 MRSA §2423-A, sub-§1, ,ii, as amended by PL 2015, c. 475, §7, is 
further 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. 5. 22 MRSA §2423-A, sub-§1, 11, as enacted by PL 2015, c. 475, §8, is 
amended to read: 
I. Provide samples to a marijuana testing facility for testing and research purposes,~ 
Sec. 6. 22 MRSA §2423-A, sub-§1, ,,J and Kare enacted to read: 
J. 
Manufacture marijuana products and marijuana concentrate for medical use, 
except that a qualifying patient may not produce marijuana concentrate using 
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'• 
~ j' 
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"to S.P. 84, L.D. 238 
inherently hazardous substances unless authorized pursuant to section 2423-F, 
subsection 3: and 
K. Provide harvested marijuana to a manufacturing facility and obtain marijuana 
products and marijuana concentrate from the manufacturing facility that are produced 
from the harvested marijuana the qualifying patient provided to the manufacturing 
facility. 
Sec. 7. 22 MRSA §2423-A, sub-§2, ,rG, as amended by PL 2013, c. 516, §7, is 
repealed and the following enacted in its place: 
· 
G. 
Manufacture marijuana products and marijuana concentrate for medical use, 
except that a primary caregiver may not produce marijuana concentrate using 
inherently hazardous substances unless authorized pursuant to section 2423-F, 
subsection 3; 
Sec. 8. 22 MRSA §2423-A, sub-§2, ,r,rL and M, as enacted by PL 2015, c. 475, 
§ 11, are amended to read: 
L. If the primary caregiver is a registered primary caregiver, provide samples to a 
marijuana testing facility for testing and research purposes; at*1 
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 only7: and 
Sec. 9. 22 MRSA §2423-A, sub-§2, ~ 
is enacted to read: 
N. Provide harvested marijuana to a manufacturing facility and obtain marijuana 
products and marijuana concentrate from the manufacturing facility that are produced 
from the harvested marijuana the primary caregiver provided to the manufacturing 
facility. 
Sec. 10. 22 MRSA §2423-A, sub-§10, as enacted by PL 2015, c. 475, §14, is 
amended to read: 
10. Marijuana testing facility. The following provisions apply to a marijuana 
testing facility. 
A. A marijuana testing facility that meets the requirements of this subsection and any 
rules adopted under paragraph D may receive and possess samples from qualifying 
patients, designated primary caregivers at*1i dispensaries and manufacturing facilities 
to provide testing for the cannabinoid profile and potency of the samples and for 
contaminants in the samples, 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: 
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COMMITTEE AMENDMENT"~" to S.P. 84, L.D. 238 
(1) 
Properly dispose Dispose of marijuana residue in oomplianoe vlith 
department rules in a manner that prevents diversion of marijuana to persons not 
authorized to possess marijuana tested by the facility; 
(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 ill!):'. 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: 
(1) 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. 
The failure of the department to adopt rules under this paragraph does not prevent a 
marijuana testing facility from engaging in activities in compliance with this 
subsection. 
E. 
A marijuana testing facility shall obtain and must be able to produce, upon 
demand of the department or a municipal code enforcement officer, documentation of 
the facility's accreditation pursuant to standard ISO/IEC 17025 of the International 
Organization for Standardization by a 3rd-party accrediting body. The department 
may inspect a marijuana testing facility during regular business hours and hours of 
apparent activity for compliance with this Act. 
Sec. 11. 22 MRSA §2423-A, sub-§11, ~' as enacted by PL 2015, c. 475, §14, 
is amended to read: 
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 ru:, 
dispensary or manufacturing facility. 
Sec. 12. 22 MRSA §2423-A, sub-§12, as enacted by PL 2015, c. 475, §14, is 
amended to read: 
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COMMITTEE AMENDMENT" Pi "to S.P. 84, L.D. 238 
12. 
Interest. 
A principal officer, board member or employee of a registered 
dispensary ef~ primary caregiver or manufacturing facility may not have a financial or 
other interest in a marijuana testing facility providing services associated with product 
labeling for that dispensary ef~ primary caregiver or manufacturing facility. 
Sec. 13. 22 MRSA §2423-A, sub-§13, as enacted by PL 2017, c. 271, §1, is 
repealed. 
Sec. 14. 22 MRSA §2423-A, sub-§14 is enacted to read: 
14. Municipal regulation. Pursuant to the home rule authority granted under the 
Constitution of Maine, Article VIII, Part Second and Title 30-A, section 3001, a 
municipality may regulate registered primary caregivers, registered dispensaries, 
marijuana testing facilities and manufacturing facilities, except that municipalities may 
not prohibit or limit the number ofregistered primary caregivers. 
Sec. 15. 22 MRSA §2423-F is enacted to read: 
§2423-F. Marijuana manufacturing facilities 
A person may not manufacture marijuana products or marijuana concentrate or 
engage in marijuana extraction except as provided in this chapter. 
1. 
Tier 1 manufacturing facilitv. 
A tier 1 manufacturing facility registered 
pursuant to subsection 8 may engage in the activities authorized under subsection 4 in 
accordance with rules adopted pursuant to subsection 10 and may possess up to 40 
pounds of harvested marijuana and marijuana in various stages of processing at any one 
time. 
2. 
Tier 2 manufacturing facility. 
A tier 2 manufacturing facility registered 
pursuant to subsection 8 may engage in the activities authorized under subsection 4 in 
accordance with rules adopted pursuant to subsection 10 and may possess up to 200 
pounds of harvested marijuana and marijuana in various stages of processing at any one 
time. 
3. Authorization for extraction using inherently hazardous substances. This 
subsection governs the authority of a person or entity to engage in marijuana extraction 
using inherently hazardous substances in accordance with subsection 5. 
A. A qualifying patient, primary caregiver, registered dispensary or manufacturing 
facility may engage in marijuana extraction using inherently hazardous substances if 
the person or entity can produce, upon demand of the department: 
(1) Certification from a professional engineer licensed in this State of the safety 
of the equipment used for marijuana extraction and the location of the equipment 
and the professional engineer's approval of the standard operating procedures for 
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the marijuana extraction; 
(2) Documentation from a professional engineer licensed in this State or a state 
8 
or local official authorized to certify compliance that the equipment used for 
marijuana extraction and the location of the equipment comply with state law and 
all applicable local and state building codes, electrical codes and fire codes, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 84, L.D. 238 
including the chapters of the most recent National Fire Protection Association 
Fire Code relating to marijuana extraction facilities; 
(3) Documentation from the manufacturer of the marijuana extraction system or 
a professional engineer licensed in this State showing that a professional grade, 
closed-loop extraction system that is capable of recovering the solvents used to 
produce marijuana concentrate is used by the person or entity; and 
( 4) Evidence that the person or entity has provided notice to the department of 
the person's or entity's intent to engage in marijuana extraction using inherently 
hazardous substances and the location where the marijuana extraction will occur 
prior to engaging in marijuana extraction using inherently hazardous substances. 
A person or entity that intends to engage in marijuana extraction using inherently 
hazardous substances shall notify the department of that intention prior to engaging in 
marijuana extraction using inherently hazardous substances. The department may 
deny an application of a person or entity authorized under this subsection to register 
pursuant to rules adopted under subsection 10 if the person or entity did not notify the 
department in accordance with this subsection. 
B. A person or entity that is not a qualifying patient, primary caregiver or registered 
dispensary and that meets the requirements of a person or entity authorized under 
paragraph A, pays the fee required by section 2425, subsection 12 and meets the 
requirements of rules adopted under subsection 10 is authorized to engage in 
marijuana extraction using inherently hazardous substances and may possess up to 40 
pounds of harvested marijuana and marijuana in various stages of processing at any 
one time. 
4. 
Authorized conduct; manufacturing facilities. 
A registered manufacturing 
facility: 
A. May manufacture marijuana products and marijuana concentrate for medical use 
using any method that does not involve an inherently hazardous substance, except 
that a registered manufacturing facility may manufacture marijuana concentrate using 
inherently hazardous substances if authorized under subsection 3; 
B. May obtain harvested marijuana from a qualifying patient, a primary caregiver or 
a registered dispensary and may transfer marijuana products and marijuana 
concentrate to the person or entity that provided the harvested marijuana used to 
manufacture the marijuana product or marijuana concentrate; 
C. May transfer marijuana products or marijuana concentrate to a marijuana testing 
facility for testing; 
D. 
May conduct testing of marijuana products or marijuana concentrate 
manufactured by the facility for research and development purposes; 
E. May receive reasonable compensation for manufacturing marijuana products or 
marijuana concentrate; 
F. Shall dispose of marijuana used in the manufacturing process in a manner that 
prevents diversion of marijuana to persons not authorized to possess marijuana or 
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COMMITTEE AMENDMENT"~" to S.P. 84, L.D. 238 
marijuana products possessed by the facility and in accordance with rules adopted by 
the department; and 
G. May employ staff. 
5. Authorized conduct; extraction using inherently hazardous substances. A 
person or entity that is authorized to engage in marijuana extraction using inherently 
hazardous substances pursuant to subsection 3: 
A. May engage in marijuana extraction to produce marijuana concentrate for medical 
use; 
B. May obtain harvested marijuana from a qualifying patient, a primacy caregiver or 
a registered dispensary and may transfer marijuana concentrate to the person or entity 
that provided the harvested marijuana used to produce the marijuana concentrate; 
C. May transfer marijuana concentrate to a marijuana testing facility for testing; 
D. May conduct testing of marijuana concentrate produced by the person or entity 
for research and development purposes; 
E. May receive reasonable compensation for producing marijuana concentrate; 
F. Shall dispose of marijuana used in the extraction process in a manner that prevents 
diversion of marijuana to persons not authorized to possess marijuana or marijuana 
products possessed by the person or entity and in accordance with rules adopted by 
the department; and 
G. May employ staff, except that a qualifying patient authorized under subsection 3 
may not employ staff and a primacy caregiver shall comply with the employment 
limit established in section 2423-A, subsection 2, paragraph I. 
Notwithstanding the authorizations established in this subsection, a person, entity or 
facility that is authorized to engage in marijuana extraction using inherently hazardous 
substances pursuant to subsection 3 shall comply with any rules adopted pursuant to 
subsection 10. 
6. Retail sale prohibited. A registered manufacturing facility or a person or entity 
authorized to engage in marijuana extraction under subsection 3 may not engage in retail 
sales of marijuana products or marijuana concentrate unless the person or entity is 
authorized to engage in retail sales under this chapter. 
7. 
Food establishment license required to manufacture food products. 
A 
registered manufacturing facility or a person or entity authorized to manufacture 
marijuana concentrate using inherently hazardous substances may not manufacture edible 
marijuana products or marijuana tinctures unless licensed pursuant to section 2167. 
8. Registration requirements. This section governs registration requirements of a 
manufacturing facility or a person or entity authorized to engage in marijuana extraction 
7 
under subsection 3 using inherently hazardous substances and the principal officers, 
board members and employees of the facility, person or entity. 
A. 
In accordance with rules adopted under subsection 10, the department shall 
register and issue a registration certificate with a registry identification number to a 
manufacturing facility or a person or entity authorized to engage in marijuana 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 84, L.D. 238 
extraction within 30 days to the facility, person or entity if the facility, person or 
entity provides: 
(1) The annual fee required pursuant to section 2425, subsection 12; 
(2) The legal name of the facility, person or entity and, if incorporated, evidence 
of incorporation and evidence that the corporation is in good standing with the 
Secretary of State; 
(3) The physical address of the facility or entity, or the physical address where 
an applicant who is an individual will engage in the activities authorized under 
this section. If the facility or entity changes its physical location, or if a person 
registered under this subsection changes the location at which the person engages 
in activities authorized under this section, the facility, entity or person shall notify 
the department of the new location; and 
(4) The name, address and date of birth of each principal officer, board member 
and employee of the facility or entity. 
B. In accordance with rules adopted under subsection 10, the department shall issue 
registry identification cards to the principal officers, board members and employees 
of a registered manufacturing facility or entity authorized to engage in marijuana 
extraction using inherently hazardous substances within 5 business days of approving 
an application or renewal under this section. A registry identification card is required 
to be issued to a principal officer, board member or employee of a registered 
manufacturing facility or entity authorized to engage in marijuana extraction using 
inherently hazardous substances. Registry identification cards expire one year after 
the date of issuance. A registry identification card issued under this paragraph must 
contain: 
(1) The name of the cardholder: 
(2) The date of issuance and expiration date of the registry identification card; 
and 
(3) A random identification number that is unique to the cardholder. 
The department may not issue a registry identification card to any principal officer, 
board member or employee of a registered manufacturing facility or person or entity 
authorized to engage in marijuana extraction using inherently hazardous substances 
who has been convicted of a disqualifying drug offense. The department shall 
conduct a criminal history record check of each person, principal officer, board 
member or employee subject to this subsection on an annual basis in order to ensure 
that each person, principal officer, board member or employee has not been convicted 
of a disqualifying drug offense. If the department determines not to issue a registry 
7 
identification card for a person, principal officer. board member or employee, the 
8 
department shall notify the registered manufacturing facility or person or entity 
authorized to engage in marijuana extraction using inherently hazardous substances 
in writing of the reason for denying the registry identification card. 
9. Packaging and labeling requirements. A manufacturing facility shall package 
and label its marijuana products and marijuana concentrate prior to transfer from the 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT"~" to S.P. 84, L.D. 238 
manufacturing facility in a form intended for use or consumption by a qualifying patient 
in tamper-evident packaging and with a label that includes the following information: 
A. The registry identification number of the manufacturing facility; 
B. Information that allows the provider of the marijuana to the manufacturing facility 
to confirm that the marijuana provided was used to manufacture the marijuana 
product or marijuana concentrate transferred back to that provider; 
C. Ingredients other than marijuana contained in the marijuana product or marijuana 
concentrate; and 
D. Any chemicals, solvents or other substances used to manufacture the marijuana 
product or marijuana concentrate. 
10. Rulemaking. The department shall adopt routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A governing manufacturing facilities, including but not 
limited to: 
A. Requirements for the registration of a manufacturing facility and the principal 
officers, board members and employees of a registered manufacturing facility; 
B. Requirements for engaging in marijuana extraction using inherently hazardous 
substances: 
C. Manufacturing facility director or principal officer qualification requirements; 
D. Required security for manufacturing facilities; 
E. Requirements of a disposal plan for marijuana used in the manufacturing process; 
F. Minimum record-keeping requirements, including an annual audit requirement; 
and 
G. 
Minimum content of educational materials provided to the recipient of the 
marijuana products or marijuana concentrate. 
The failure of the department to adopt rules under this subsection does not prevent a 
person or entity authorized pursuant to subsection 3, paragraph A from engaging in 
conduct authorized under this section. 
11. Multiple authorizations. A person or entity registered pursuant to subsection 8 
may also be a qualifying patient or a primary caregiver, and an entity registered pursuant 
to subsection 8 may also be a registered dispensary. A person or entity authorized to 
possess marijuana under this Act may possess the amount allowed for that person or 
entity in addition to the possession amount allowed under this section if registered 
pursuant to this section. The marijuana possessed must be distinguishable with respect to 
the purposes for which it is authorized to be possessed. 
12. 
Record keepinl!, 
A registered manufacturing facility or person or entity 
authorized to engage in marijuana extraction using inherently hazardous substances under 
subsection 3 shall maintain records of all transactions for a minimum of one year after the 
date of the transaction. 
13. 
Compliance. 
The department may inspect a manufacturing facility during 
regular business hours and hours of apparent activity for compliance with this chapter. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "to S.P. 84, L.D. 238 
14. Immunity. The immunity provisions in this subsection apply to manufacturing 
facilities and the officers, board members, agents and employees of manufacturing 
facilities. 
A. A manufacturing 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 section to assist 
with the medical use of marijuana in accordance with this chapter. 
B. A principal officer, board member, agent or employee of a manufacturing 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 manufacturing facility to provide 
prepared marijuana to qualifying patients, primary caregivers, registered dispensaries 
or marijuana testing facilities or to otherwise assist with the medical use of marijuana 
in accordance with this chapter. 
Sec. 16. 22 MRSA §2425, sub-§1-A, as amended by PL 2015, c. 475, §19, is 
further amended to read: 
1-A. Criminal history record check. An applicant for a registry identification card 
who is a primary caregiver fil', an employee of a primary caregiver or a person authorized 
to engage in marijuana extraction under section 2423-F, subsection 3 or who is a 
principal officer, board member or employee of a registered dispensary eF-a, marijuana 
testing facility or manufacturing facility must undergo a criminal histo1y record check 
annually. 
Sec. 17. 22 MRSA §2425, sub-§4-A, as enacted by PL 2015, c. 475, §20, is 
amended to read: 
4-A. Marijuana 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 aooordanoe with department rules. The department may not issue a 
registry identification card to a principal officer, board member or employee of a 
marijuana testing facility who has been convicted of a disqualifying drug offense. 
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. 
The department shall adopt rules to implement this subsection. Rules adopted pursuant to 
this subsection are routine technical rules as defmed in Title 5, chapter 375, subchapter 
2-A. 
Sec. 18. 22 MRSA §2425, sub-§12, ,f,iH to J are enacted to read: 
Page IO -128LR0186(02)-1 
COMMITTEE AMENDMENT 
COM11ITTEE AMENDMENT" A 
"to S.P. 84, L.D. 238 
H. There is an annual fee to register a tier 1 manufacturing facility of not less than 
'2 
$50 and not more than $150. 
I. There is an annual fee to register a tier 2 manufacturing facility of not less than 
$150 and not more than $250. 
J. There is an annual fee to register to engage in marijuana extraction under section 
2423-F, subsection 3 of not less than $250 and not more than $350. 
Sec. 19. 22 MRSA §2428, sub-§1-A, ,in, as amended by PL 2011, c. 407, Pt. B, 
§32, is further amended to read: 
D. Assist any patient who designated the dispensary to cultivate marijuana with the 
medical use or administration of marijuana; arul 
Sec. 20. 22 MRSA §2428, sub-§1-A, ,iE, as amended by PL 2013, c. 503, §2, is 
further amended to read: 
E. 
Obtain prepared marijuana from a primary caregiver under section 2423-A, 
subsection 2, paragraph H or from another registered dispensary for the purposes of 
addressing an extended inventory supply interruption under subsection 6, paragraph 
G.~ 
Sec. 21. 22 MRSA §2428, sub-§1-A, 1,iF and Gare enacted to read: 
F. 
Manufacture marijuana products and marijuana concentrate for medical use, 
except that a registered dispensary may not produce marijuana concentrate using 
inherently hazardous substances unless authorized pursuant to section 2423-F, 
subsection 3; and 
G. Provide harvested marijuana to a manufacturing facility and obtain marijuana 
products and marijuana concentrate from the manufacturing facility that is produced 
from the harvested marijuana the registered dispensary provided to the manufacturing 
facility. 
Sec. 22. 22 MRSA §2428, sub-§10, as amended by PL 2011, c. 407, Pt. B, §32, 
is repealed. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill, which is a concept draft. It is the unanimous report 
of the committee. The amendment: 
1. Allows a facility that tests medical marijuana samples for the cannabinoid profile, 
potency and contaminants to operate in the absence of rules adopted by the Department of 
Health and Human Services if the facility has obtained documentation of the facility's 
accreditation pursuant to standard ISO/IEC 17025 of the International Organization for 
7 
Standardization by a 3rd-party accrediting body; 
2. Clarifies that qualifying patients, primary caregivers and registered dispensaries 
may manufacture marijuana products from harvested marijuana, including production of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 84, L.D. 238 
marijuana concentrate by processes of marijuana extraction that do not involve certain 
inherently hazardous substances; 
3. 
Establishes a process for persons or entities that are not qualifying patients, 
primary caregivers or registered dispensaries to manufacture marijuana products from 
harvested marijuana, including marijuana concentrate by processes of marijuana 
extraction that do not involve certain inherently hazardous substances, to become 
registered to manufacture marijuana products; 
4. Establishes a method for qualifying patients, primary caregivers and registered 
dispensaries to become authorized by law to produce marijuana concentrate by processes 
involving inherently hazardous substances if certain safety and compliance standards are 
met; 
5. 
Establishes a process for persons or entities that are not qualifying patients, 
registered caregivers or registered dispensaries to become authorized to produce 
marijuana concentrate by processes involving inherently hazardous substances; and 
6. Repeals specific provisions of law regarding municipal authority to establish a 
moratorium on registered primary caregivers near schools and municipal authority to 
regulate dispensaries. The amendment instead enacts a new provision of law that allows 
municipalities to regulate registered primary caregivers, registered dispensaries, 
marijuana testing facilities and marijuana manufacturing facilities, except that 
municipalities are not allowed to prohibit or limit the number of registered primary 
caregivers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/01/18 feac 
LD 238 
LR 186(02) 
An Act To Amend the Maine Medical Use of Marijuana Act 
Fiscal Note for Bill as Amended by Committee Amendment A' ( s-44~ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential cunent biennium revenue increase - General Fund 
Potential cunent biennium cost increase - Other Special Revenue Funds 
Potential cunent biennium revenue increase - Other Special Revenue Funds 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Allowing facilities that test medical marijuana samples to operate in the absence of rules, clarifying that qualified and 
non qualified persons may manufachu-e marijuana concentrate by a process of extraction not involving inherently 
hazardous substances and establishing a process for persons to become authorized to produce marijuana concentrate 
by a process involving inherently hazardous substances may increase marijuana products sales. No estimate of the 
potential increase in General Fund and Local Government Fund revenues as a result of increased sales tax collections 
is made at this time. 
Additionally, there is a potential increase in registration fees to the Department of Health and Human Services 
(DHHS) for facilities that register to produce marijuana concentrate by a process involving inherently hazardous 
substances. Cunently manufachiring facilities are not required to register or notify the DHHS of their operations, so 
no estimates of the increase in registration fees or the increased costs to the DHHS for registration and auditing 
program compliance are made at this time. 
The bill also creates new registration tiers for manufachu-ing facilities, which could also increase the overall 
registration fees to DHHS. As the decision to change the tier ofregistration lies with each provider, no estimate of the 
increase in registration fees are made at this time. 
LRO 186(02) - Fiscal Note - Page 1 of 1