An Act To Amend Maine's Medical Marijuana Law
Maine Legislature, Session 128, LD 1539
Committee Amendment CA_A-SA_G_S539 (Senate)
Amends: 25 MRSA §1542-A

SENATE AMENDMENT "G " to COMMITTEE AMENDMENT "A" to H.P. 
1060, L.D. 1539, Bill, "An Act To Amend Maine's Medical Marijuana Law" 
Amend the amendment in section 15 in §2425-A in subsection 3 in the first blocked 
paragraph in the 2nd line (page 27, line 14 in amendment) by striking out the following: 
11The
and inserting the following: 'Except as provided in subsection 3-A, the' 
Amend the amendment in section 15 in §2425-A by inserting after subsection 3 the 
following: 
'3-A. 
Criminal history record check for caregivers administering medical 
marijuana on school grounds. The department shall request a criminal history record 
check for a caregiver designated under section 2423-A, subsection 1, paragraph F-1, 
subparagraph (4), except for a caregiver who is a parent, a legal guardian or a person 
having legal custody of the qualifying patient. The department may not issue a registry 
identification card to an applicant who is not permitted to have a disqualifying drug 
offense or who would be denied an approval, credential, certification, authorization or 
renewal under Title 20-A, section 6103 or 13011 based on that criminal history record 
check. 
The criminal history record check requested under this subsection must include criminal 
history record information obtained from the Maine Criminal Justice Information System 
established in Title 16, section 631 and the Federal Bureau of Investigation. The 
following provisions apply. 
A. The criminal history record information obtained from the Maine Criminal Justice 
Information System . must include a record of public criminal history record 
information as defined in Title 16, section 703, subsection 8. 
B. The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
C. A person subject to a criminal history record check under this section shall submit 
to having fingerprints taken. The State Police, upon payment of the fee, shall take or 
cause to be taken the person's fingerprints and shall forward the fingerprints to the 
State Bureau of Identification so that the bureau can conduct state and national 
criminal history record checks. Except for the portion of the payment, if any, that 
SENA TE AMENDMENT 
SENATE AMENDMENT •·0" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
constitutes the processing fee charged by the Federal Bureau of Investigation, all 
money received by the State Police for purposes of this paragraph must be paid over 
to the Treasurer of State. 
The money must be applied to the expenses of 
administration incurred by the Department of Public Safety. 
D. The subject of a Federal Bureau of Investigation criminal history record check 
may obtain a copy of the criminal history record check by following the procedures 
outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of 
a state criminal history record check may inspect and review the criminal history 
record information pursuant to Title 16, section 709. 
E. 
State and federal criminal history record information may be used by the 
department for the purpose of screening a child care provider or child care staff 
member in accordance with this chapter. 
F. Information obtained pursuant to this subsection is confidential. The results of 
criminal history record checks received by the department are for official use only 
and may not be disseminated to any other person or entity. 
G. If a person is no longer subject to this chapter that person may request in writing 
that the State Bureau of Identification remove the person's fingerprints from the 
bureau's fingerprint file. In response to a written request, the bureau shall remove the 
person's fingerprints from the fingerprint file and provide written confirmation of that 
removal. 
The department, with the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification, shall adopt rules to implement this subsection. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
Amend the amendment in section 17 in subsection 1-A in the 3rd line (page 34, line 8 
in amendment) by striking out the following: "ill may, for the benefit of a qualifying 
patient," and inserting the following: '(4) or the parent, legal guardian or person having 
legal custody of a qualifying patient may, for the benefit of the qualifying patient,' 
Amend the amendment in section 17 in subsection 1-A in the 5th line (page 34, line 
in amendment) by striking out the following: 
"which a mmer" and inserting the 
following: 'which a minor the' 
Amend the amendment by inserting after section 27 the following: 
'Sec. 28. 25 l\1RSA §1542-A, sub-§1, ~ 
is enacted to read: 
P. Who is required to have a criminal history record check under Title 22, section 
2425-A, subsection 3-A. 
Sec. 29. 25 MRSA §1542-A, sub-§3, ,ro is enacted to read: 
0. The State Police shall take or cause to be taken the fingerprints of the person 
8 
named in subsection 1, paragraph P at the request of that person or the Department of 
Administrative and Financial Services under Title 22, section 2425-A, subsection 
3-A. 
SENA TE AMENDMENT 
SENATE AMENDMENT'(;" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
Sec. 30. 25 MRSA §1542-A, sub-§4, as repealed and replaced by PL 2017, c. 
409, Pt. B, §13, is amended to read: 
4. Duty to submit to State Bureau of Identification. It is the duty of the law 
enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B 
and G to transmit immediately to the State Bureau of Identification the criminal 
fingerprint record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or For 
pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless 
an express request is made by the commanding officer of the State Bureau of 
Identification. 
Fingerprints taken pursuant to subsection 1, paragraph G must be 
transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal history record checks for the Department of 
Education. The bureau may not use the fingerprints for any purpose other than that 
provided for under Title 20-A, section 6103. The bureau shall retain the fingerprints, 
except as provided under Title 20-A, section 6103, subsection 9. 
Fingerprints taken 
pursuant to subsection 1, paragraph I and subsection 3, paragraph I must be transmitted 
immediately to the State Bureau of Identification to enable the bureau to conduct state 
and national criminal history record checks for the court and the Department of Public 
Safety, Gambling Control Board, respectively. Fingerprints taken pursuant to subsection 
1, paragraph J, K Sf~ L or P must be transmitted immediately to the State Bureau of 
Identification to enable the bureau to conduct state and national criminal history record 
checks for the Department of Administrative and Financial Services, Bureau of Revwue 
Services. Fingerprints taken pursuant to subsection 1, paragraph M must be transmitted 
immediately to the State Bureau of Identification to enable the bureau to conduct state 
and national criminal history record checks for the Board of Osteopathic Licensure, 
established in Title 32, chapter 36. Fingerprints taken pursuant to subsection 1, paragraph 
N must be transmitted immediately to the State Bureau of Identification to enable the 
bureau to conduct state and national criminal history record checks for the Board of 
Licensure in Medicine, established in Title 32, chapter 48. Fingerprints taken pursuant to 
subsection 1, paragraph M must be transmitted immediately to the State Bureau of 
Identification to enable the bureau to conduct state and national criminal history record 
checks for the State Board of Nursing. Fingerprints taken pursuant to subsection 1, 
paragraph O must be transmitted immediately to the State Bureau of Identification to 
enable the bureau to conduct state and national criminal history record checks under Title 
28-B, section 204.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment requires a caregiver, except for a caregiver who is a parent, guardian 
or person having legal custody of the qualifying patient, designated to possess medical 
marijuana for use by a qualifying patient and administer medical marijuana to a 
qualifying patient who is enrolled in primary or secondary school to submit to the same 
background check applicable to education personnel. The background check required 
includes fingerprinting. 
SENA TE AMENDMENT 
'' 
SENATE AMENDMENT 'G" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
This amendment also clarifies that a parent, guardian or person having legal custody 
of a qualifying patient who is enrolled in school may possess medical marijuana for use 
by that qualifying patient and administer medical marijuana to that qualifying patient. 
FISCAL NOTE REQUIRED 
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SPONSORED BY: 
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COUNTY: Hancock 
SENATE AMENDMENT 
Approved: 06/26/18 wac 
LD 1539 
LR 1833(19) 
An Act To Amend Maine's Medical Marijuana Law 
Fiscal Note for Senate Amendment f'"'...'..: to Committee Amendment "A" 
Sponsor: Sen. Langf ey of Hancock 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
This amendment requires a caregiver who is not the patient's parent, legal guardian or person having legal custody of a 
qualifying patient, but is designated to possess and administer medical marijuana for use by a qualifying patient who 
is enrolled in a primary or secondary school, to pass the same background check applicable to educational personnel, 
including fingerprinting. The additional costs to the Department of Public Safety (DPS) to process additional 
fingerprint checks are expected to be minor. The new fees received by DPS for fingerprint checks are expected to be 
minor.