An Act To Amend Maine's Medical Marijuana Law
Maine Legislature, Session 128, LD 1539
Committee Amendment CA_A-SA_F_S538 (Senate)

SENATE AMENDMENT " p .. 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 inserting after the title the following: 
'Amend the bill by inserting before the enacting clause 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, amendments to the Maine Medical Use of Marijuana Act are necessary to 
provide clarity in the registration and regulation of medical marijuana entities and in the 
oversight and enforcement of the laws regarding qualified patient use and cultivation of 
marijuana; and 
Whereas, the amendments to the Maine Medical Use of Marijuana Act should be 
adopted in a manner consistent with the timely implementation of a retail marketplace in 
the State for adult use marijuana and adult use marijuana products; 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,' ' 
Amend the amendment in section 7 in §2423-A in subsection 2 in paragraph Pin the 
first line (page 13, line 9 in amendment) by striking out the following: "a retail" and 
inserting the following: 'one retail' 
Amend the amendment in section 21 by striking out all of §2429-D (page 44, lines 37 
to 40 and page 45, lines 1 to 3 in amendment) and inserting the following: 
'§2429-D. Local 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 
caregivers, registered caregiver retail stores operating pursuant to section 2423-A. 
subsection 2, paragraph P. registered dispensaries. marijuana testing facilities and 
manufacturing facilities. 
SENATE AMENDMENT 
~ 
SENATE AMENDMENT" r" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
A municipality may not: 
1. Registered caregivers. Prohibit or limit the number of registered caregivers; 
2. Stores, dispensaries, testing and manufacturing facilities. Prohibit registered 
caregiver retail stores, registered dispensaries. marijuana testing facilities and 
manufacturing facilities that are operating with municipal approval in the municipality 
prior to the effective date of this section: or 
3. Municipal authorization needed. Authorize registered caregiver retail stores, 
registered dispensaries, marijuana testing facilities and manufacturing facilities that are 
not operating on the effective date of this section to operate in the municipality unless the 
municipal legislative body. as defined in Title 30-A. section 2001. subsection 9, has voted 
to adopt or amend an ordinance or approve a warrant article allowing registered caregiver 
retail stores, registered dispensaries, marijuana testing facilities or manufacturing 
facilities. as applicable, to operate within the municipality.' 
Amend the amendment by adding before the summary the following: 
'Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved." 
SUMMARY 
This amendment adds an emergency preamble and emergency clause to the bill. It 
provides that a registered caregiver may operate one retail store to sell harvested 
marijuana to qualifying patients. 
It provides that a municipality may not prohibit 
registered caregiver retail stores, registered dispensaries, marijuana testing facilities and 
manufacturing facilities that are operating with municipal approval in the municipality 
prior to the effective date of this legislation and that a municipality may not authorize 
registered caregiver retail stores, registered dispensaries, marijuana testing facilities and 
manufacturing facilities that are not operating on the effective date of this legislation to 
operate in the municipality unless the municipal legislative body has voted to adopt or 
amend an ordinance or approve a warrant article allowing registered caregiver retail 
stores, registered dispensaries, marijuana testing facilities or manufacturing facilities to 
operate within the municipality. 
SPONSORED BY: 
I~ ~ 
(Senator KATZ) 
COUNTY: Kennebec 
SENATE AMENDMENT