An Act To Amend Maine's Medical Marijuana Law
Maine Legislature, Session 128, LD 1539
Committee Amendment CA_A-SA_E_S537 (Senate)
Amends: 28-B MRSA §102, 36 MRSA §191

SENATE AMENDMENT "E" to COMMITTEE AMENDMENT "A" to H.P. 
1060, L.D. 1539, Bill, "An Act To Amend Maine's Medical Marijuana Law" 
Amend the amendment by striking out all of sections 1 to 3. 
Amend the amendment in section 6 in the first line (page 3, line 3 in amendment) by 
striking out the following: "2015, c. 475, §§1 to 5" and inserting the following: '2017, c. 
409, Pt. E, §2' 
Amend the amendment in section 6 by striking out all of subsections 1-C to 2 (page 
3, lines 22 to 38 and page 4, lines 1 to 7 in amendment) and inserting the following: 
'1-C. Commissioner. "Commissioner" means the Commissioner of Administrative 
and Financial Services. 
1-D. Assistant. "Assistant" means a person paid to perform a service for a caregiver, 
dispensary, manufacturing facility or marijuana testing facility in accordance with this 
chapter, whether as an employee or independent contractor. 
1-E. 
Child-resistant. 
"Child-resistant" means, with respect to packaging or a 
container: 
A. Specially designed or constructed to be significantly difficult for a typical child 
under 5 years of age to open and not to be significantly difficult for a typical adult to 
open and reseal; and 
B. With respect to any product intended for more than a single use or that contains 
multiple servings, resealable. 
2. Debilitating medical e0nditi0n. "Debilitating medical condition" means: 
A. Cancer, glaucoma, positive status for human immunodeficiency virus, acquired 
immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, agitation of 
Alzheimer's disease, nail patella syndrome or the treatment of these conditions; 
E. 
A chronic or debilitating disease or medical condition or its treatment that 
produces intractable pain, which is pain that has not responded to ordinary medical or 
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SENATE AMENDMENT 
SENATE AMENDMENT "f;"" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
C. 
A chronic or debilitating disease or medical condition or its treatment that 
produces one or more of the following: cachexia or v,rasting syndrome; severe nausea: 
or seizures, including but not limited to those charactoostic of epil61Jsy: 
D. Any other medical condition or its treatment as provided for in section 2424. 
subsection 2; or 
E. Post traumatic stress disorder, inflammatory bowel disease, dyskinetic and spastic 
movement disorders and other diseases causing severe and persistent muscle spasms. 
2-A. 
Department. 
11Department
means the Department of Administrative and 
Financial Services.' 
Amend the amendment in section 8 in the first line (page 17, line 31 in amendment) 
by striking out the following: "2015, c. 475, §15" and inserting the following: '2017, c. 
409, Pt. E, §4' 
Amend the amendment in section 8 in §2423-B by striking out all of subsection 2 
(page 18, lines 1 to 20 in amendment) and inserting the following: 
'2. l\'linor qualifying patient. Prior to pro:11iding written certification for the medical 
use of marijuana by a minor qualifying patient under thls section, a medical prnvider, 
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. Exc6i)t with regard to a minor qualifying patient vmo is eligible for hospice 
oare, prior to providing a written certification under this section, the treating medical 
provider shall consult with a qualified physician, referred to in this paragraph as "the 
consulting physician, 
from a list of physicians vmo may be willing to act as consulting 
physicians maintained by the department that is compiled by the department after 
consultation with the D6i)artmoot of Health and Human 86fVices and statevride 
associations representing licensed medical professionals. The consultation between the 
treating medical provider and the consulting physician may consist of examination of the 
patient or reyiew 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 d6i)artment 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 pro,rider may provide written certification for treatment 
5 
without consultation with a physician.' 
Amend the amendment in section 8 in §2423-B in subsection 2-A in paragraph Din 
the 4th line (page 18, line 37 in amendment) by inserting after the following: 
11with
the 
following: 'the Department of Health and Human Services and' 
Amend the amendment in section 12 in §2423-F by striking out all of subsection 13 
(page 25, lines 19 to 32 in amendment) and inserting the following: 
'13. Colocation of facilities. A manufacturing facility that is also licensed as a retail 
marijuana products manufacturing facility under Title 28-B, chapter 1 may manufacture 
marijuana products and marijuana concentrate within the same facility in which the 
SENA TE AMENDMENT 
SENATE AMENDMENT "t" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
Hcensee also manufactures marijuana products or marijuana concentrate for medical use 
pursuant to this chapter. The following items or areas within the shared facility may be 
shared for both manufacturing pursuant to this chapter and pursuant to Title 28-B, chapter 
L 
A. 
Manufacturing-related and nonmanufacturing-related equipment, except that 
manufacturing-related equipment may not be simultaneously used for manufacturing 
pursuant to this chapter and pursuant to Title 28-B, chapter 1; 
B. 
Manufacturing-related and nonmanufacturing-related supplies or products not 
containing harvested marijuana and the storage areas for those supplies or products; 
and 
C. General office space, bathrooms, entryways and walkways.' 
Amend the amendment in section 13 in the first line (page 25, line 33 in amendment) 
by striking out the following: 
112013, c. 394, § l II and inserting the following: 12017, c. 
409, Pt. E, §§5 and 61 
Amend the amendment in section 13 in §2424 by striking out all of subsections 1 and 
(page 25, lines 36 to 40 and page 26, lines 1 to 7 in amendment) and inserting the 
following: 
11-A. Rulemaking. The department may adopt rules to carry out the purposes of this 
chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
2. Adding debilitating medieal eonditions. The department in accordance with 
section 2422, subsection 2, paragraph D shall adopt rules regarding the consideration of 
petitions from the public to add medical conditions or treatments to the list of debilitating 
medical conditions set forth in section 2422, subsection 2. In considering those petitions, 
the department shall consult ·with the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention and pro11ide an opportunity for public hearing 
of, and an opportunity to comment on those petitions. After the hearing, the 
commissioner shall appro11e or deny a petition within 180 days of its submission. The 
appro11al or denial of such a petition constitutes final agency action, subject to judicial 
nwiew. Jurisdiction and venue for iudicial review are vested in the ~nnerior Comt. 1 
Amend the amendment in section 14 in the first line (page 26, line 33 in amendment) 
by striking out the following: "corrected by RR 2017, c. 1, §13
and inserting the 
following: 'amended by PL 2017, c. 409, Pt. E, §§7 and 81 
Amend the amendment in section 15 in §2425-A in subsection 10 in paragraph Gin 
the last line (page 30, line 29 in amendment) by striking out the following: 
117, chapter 
and inserting the following: 128-B, chapter l I 
Amend the amendment in section 19 in the first line (page 34, line 26 in amendment) 
by striking out the following: 
112015, c. 475, §§22 to 24
and inserting the following: 
12017, c. 409, Pt. E, §91 
Amend the amendment in section 19 in §2428 by striking out all of subsection 11 
(page 41, lines 27 to 33 in amendment) and inserting the following: 
SENA TE AMENDMENT 
SENATE AMENDMENT" E," to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
'11. Limitation on number of dispensaries, The department shall adopt rules 
2. 
limiting the number and loeation of registered dispensaries. During the first year of 
,3· 
operation of dispensaries the department may not issue more than one registration 
eertifieate for a dispensary in eaeh of the g public health districts of the Department of 
Health and Human Serviees, as defined in seetion 411. A.fter review of the first full year 
of operation of dispensaries and periodically thereafter, the department may amend the 
rules on the number and location of disoensaries: however. the number of disoensaries 
may not be less than g.' 
Amend the amendment in section 27 in the first line (page 46, line 16 in amendment) 
by striking out the following: "2430-G" and inserting the following: '2430-H' 
Amend the amendment by striking out all of section 28 and inserting the following: 
'Sec. 28. 28-B MRSA §102, sub-§46, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
46. Registered dispensary. "Registered dispensary" means a nonprofit dispensary 
that is registered pursuant to has the same meaning as in Title 22, section ~ 
2422, 
subsection 6. 
Sec. 29. 36 MRSA §191, sub-§3-B, as enacted by PL 2013, c. 595, Pt. J, §2 and 
affected by §4, is amended to read: 
3-B. Additional restrictions for certain information provided by the Department 
of Administrative and Financial Services. Information provided to the assessor by the 
Department of Health and Human Administrative and Financial Services pursuant to 
section 175 and Title 22, section 2425, subsection g 2425-A, subsection 12, paragraph L 
may be used by the bureau only for the administration and enforcement of taxes imposed 
under this Title. These restrictions are in addition to those imposed by subsection 1.' 
Amend the amendment in section 32 in the first line (page 54, line 13 in amendment) 
by striking out the following: "Affairs" and inserting the following: 'Services' 
Amend the amendment in section 33 in the 2nd line (page 54, line 19 in amendment) 
by striking out the following: "Health and Human" and inserting the following: 
'Administrative and Financial' 
Amend the amendment in section 34 in the 2nd line (page 54, line 23 in amendment) 
by striking out the following: "Health and Human" and inserting the following: 
'Administrative and Financial' 
Amend the amendment in section 35 in the first line (page 54, line 28 in amendment) 
by inserting after the following: "The" the following: 'Department of Administrative and 
Financial Services, in consultation with the' 
Amend the amendment in section 35 in the 2nd line (page 54, line 29 in amendment) 
by inserting after the following: "Services" the following: 
,
Amend the amendment by inserting after section 35 the following: 
'Sec. 36. Maine Revised Statutes, Title 28-B amended; revision clause. 
Wherever in the Maine Revised Statutes, Title 28-B the words ''primary caregiver" 
appear, or reference is made to that entity or those words, those words are amended to 
SENA TE AMENDMENT 
SENATE AMENDMENT"€." to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
read or mean, as appropriate, "caregiver" and wherever the words "registered primary 
caregiver" appear, or reference is made to that entity or those words, those words are 
amended to read or mean, as appropriate, "registered caregiver.'' The Revisor of Statutes 
shall implement these revisions when updating, publishing or republishing the statutes.' 
Amend the amendment by striking out all of section 36 and inserting in its place the 
following: 
'Sec. 36. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Medical Use of Marijuana Fund N280 
Initiative: Provides funding for increased legal services. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Medical Use of Marijuana Fund N280 
2017-18 
$0 
$0 
2018-19 
$110,976 
$110,976 
Initiative: Provides allocations to establish 2 Field Investigator positions and one Office 
Specialist I position for an increased number of investigations. 
OTHER SPECIAL REVENUE FUNDS 
2017-18 
2018-19 
POSITIONS - LEGISLATIVE COUNT 
0.000 
3.000 
Personal Services 
$0 
$216,969 
All Other 
$0 
$18,858 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$235,827 
Revenue Services, Bureau of 0002 
Initiative: Provides funding for one Tax Examiner position and related costs to review 
and process income tax returns. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2017-18 
0.000 
$0 
$0 
$0 
SENA TE AMENDMENT 
2018-19 
1.000 
$61,865 
$49,429 
$111,294 
SENATE AMENDMENT"£» to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Human Services Division 0696 
2017-18 
$0 
$0 
$0 
2018-19 
$111,294 
$346,803 
$458,097 
Initiative: Allocates funds for the costs of one full-time Assistant Attorney General 
position to advise the Department of Administrative and Financial Services on the 
interpretation of new medical marijuana program provisions and to assist with 
enforcement thereof and provides funding for related All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
ATTORNEY GENERAL, DEPARTMENT OF 
THE 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
2017-18 
$0 
$0 
$0 
2018-19 
1.000 
$99,306 
$11,670 
$110,976 
2018-19 
$110,976 
$110,976 
2018-19 
$111,294 
$457,779 
$569,073 
5 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SENATE AMENDMENT 
SENATE AMENDMENT" tr:» to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
SUMMARY 
This amendment corrects cross-references and terms in the Maine Medical Use of 
Marijuana Act to conform to the Maine Revised Statutes, Title 28-B, Adult Use 
Marijuana, as enacted in Public Law 2017, chapter 409. 
This amendment also provides for the change in the terms "primary caregiver" and 
"registered primary caregiver" to "caregiver" and "registered caregiver," respectively. 
FISCAL NOTE REQUIRED 
Lf' // )See attached) 
SPONSORBDBY: ~~//L 
(Senator HAMP 
COUNTY: Oxford 
SENA TE AMENDMENT 
Approved: 06/21/18 feac 
LD 1539 
LR 1833(15) 
An Act To Amend Maine's Medical Marijuana Law 
Fiscal Note for Senate Amendment 't:,' to Committee Amendment "A" 
Sponsor: Sen. Hamper of Oxford 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
Other Special Revenue Funds 
Transfers 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
$0 
$0 
$0 
$0 
FY 2018-19 
$0 
$0 
$0 
$0 
Projections 
FY 2019-20 
$0 
$0 
$0 
$0 
Projections 
FY2020-21 
$0 
$0 
$0 
$0 
This amendment corrects cross references to create consistency with Public Law 2017, Chapter 409, which transferred 
the administration and enforcement of the Maine Medical Use of Marijuana Act from the Department of Health and 
Human Services (DHHS) to the Department of Administrative and Financial Services (DAFS). This amendment 
moves all allocations in the Medical Use of Marijuana Fund from DHHS to DAFS. 
LRI833(15) - Fiscal Note - Page 1 of 1