An Act To Amend Maine's Medical Marijuana Law
Maine Legislature, Session 128, LD 1539
Committee Amendment CA_A-SA_D_S530 (Senate)
Amends: 28-B MRSA §102, 36 MRSA §191

SENATE AMENDMENT "U" 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 meclieal e0ncliti0n. "Debilitating medioal oondition" means: 
A. Caneer, glauooma, positiye status for human immunodefioienoy virus, aoquired 
immune defioienoy syndrome, hepatitis C, amyotrophio lateral solerosis, agitation of 
Alzheimer's disease, nail patella syndrome or the treatment of these oonditions; 
B. 
A ehronio or debilitating disease or medioal oondition or its treatment that 
produoes intractable pain, whioh is pain that has not responded to ordinary medioal or 
surl!ioal measures for more than 6 months: 
SENATE AMENDMENT 
"·ti~. 
SENATE AMENDMENT "D" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
G. 
A ohronio or debilitating disease or medioal oondition or its treatment that 
produoes one or more of the following: oaohe~da or 1uasting syndrome; severe nausea; 
or seizures, inoluding but not limited to those oharaoforistio of epilepsy; 
D. Any other medioal oondition or its treatment as pro1t'ided for in seotion 2424, 
subseotion 2; or 
E. Post traumatio stress disorder, inflammatory bowel disease, dyskinetio and spastio 
movement disorders and other diseases oausing severe and persistent musole spasms. 
2-A. Department. 
"Department" 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: 
112015, 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. :Minor qualifying patient. Prior to providing written oertifioation for the medioal 
use of marijuana by a minor qualifying patient under this seotion, a medioal provider, 
referred to in this subseotion as "the treating medioal provider," shall inform the minor 
qualifying patient and the parent or legal guardian of the patient of the risks and benefits 
of the medioal use of marijuana and that the patient may benefit from the medioal use of 
marijuana. Exoept 1uith rngard to a minor qualifying patient who is eligible for hospioe 
oare, prior to providing a written oertifioation under this section, the treating medioal 
pro:vider shall consult with a qualified physioian, referred to in this paragraph as "the 
oonsulting physioian," from a list of physicians 1.vho may be willing to aot as oonsulting 
physioians maintained by the department that is oompiled by the department after 
consultation with the Department of Health and Human £eryices and statewide 
associations representing lioensed medioal professionals. The consultation between the 
treating medioal provider and the consulting physioian may consist of examination of the 
patient or re•liew of the patient's medioal file. The oonsulting physician shall provide an 
advisory opinion to the treating medical provider and the parent or legal guardian of the 
minor qualifying patient conoeming whether the patient is likely to reoeive therapeutic or 
palliative benefit from the medical use of marijuana to treat or alleviate the patient's 
debilitating medioal oondition. If the department or the oonsulting physioian does not 
respond to a request by the treating medioal provider 1.vithin 10 days of reoeipt of the 
request, the treating medioal provider may provide written certification for treatment 
without oonsultation with a physioian.' 
Amend the amendment in section 8 in §2423-B in subsection 2-A in paragraph D in 
the 4th line (page 18, line 37 in amendment) by inserting after the following: "with" 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 
SENATE AMENDMENT 
t\. dis. 
SENATE AMENDMENT"\)' to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
licensee also manufactures marijuana products or marijuana concentrate for medical use 
Qursuant to this chapter. The following items or areas within the shared facility may be 
shared for both manufacturing pursuant to this chap~er and pursuant to Title 28-B, chapter 
.L 
A. 
Manufacturing-related and n.onmanufacturing-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. 1 
Amend the amendment in section 13 in the first line (page 25, line 33 in amendment) 
by striking out the following: 
112013, c. 394, § l1' 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 aooordanoe 1.vith 
seotion 2422, subseotion 2, paragraph D shall adopt rules regarding the oonsideration of 
petitions from the publio to add medioal oonditions or treatments to the list of debilitating 
medioal oonditions set forth in seotion 2422, subseotion 2. In oonsidering those petitions, 
the department shall oonsult with the Department of Health and Human 86£Yioes, Maine 
Center for Disease Control and Prevention and pro:vide an opportunity for publio hearing 
of, and an opportunity to oomment on those petitions. After the hearmg, the 
oommissioner shall approve or deny a petition within 180 days of its submission. The 
approyal or denial of suoh a petition oonstitutes final agenoy aotion, subjeot to judioial 
review. Jurisdiotion and venue for judioial reviev,r are vested in the Superior Court. 1 
Amend the amendment in section 14 in the first line (Page 26, line 33 in amendment) 
by striking out the following: 
11corrected by RR 2017, c. 1, §13
and inserting the 
following: 1amended 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 11 
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 
Pt. (j s. 
SENATE AMENDMENT "1)' to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
'11. Limitation on number of dispensaries. The department shall adopt rules 
limiting the number and looation of registered dispensaries. During the first year of 
operation of dispensaries thti dtipartmoot may not issue more than one rngistration 
oertifioate for a dispensary in eaoh of the 8 publio health distriots of the Department of 
Htialth and Human Serviotis, as defined in stiction 411. After reviev.1 of the first full ytiar 
of operation of dispensaries and periodioally thereafter, the department may amend the 
rultis on the number and looation of disnensaries: hov.1ever. the number of disnensaries 
may not be less than 8.' 
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" mtians 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, subseotion 8 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 
f\. <J. s. 
SENATE AMENDMENT "1)" 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. 1 
Amend the amendment by striking out all of section 36 and inserting in its place the 
following: 
1Sec. 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 
POSITIONS -LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Revenue Services, Bureau of 0002 
2017-18 
0.000 
$0 
$0 
$0 
2018-19 
3.000 
$216,969 
$18,858 
$235,827 
Initiative: Provides funding for one Tax Examiner position and related costs to review 
and process income tax returns. 
GENERAL FUND 
2017-18 
2018-19 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$61,865 
All Other 
$0 
$49,429 
GENERAL FUND TOTAL 
$0 
$111,294 
SENATE AMENDMENT 
t\. di s. 
SENATE AMENDMENT "1)" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
2017-18 
2018-19 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Human Services Division 0696 
$0 
$0 
$0 
$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 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SENA TE AMENDMENT 
R. di S, 
SENATE AMENDMENT "D "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 
11registered primary caregiver" to 
11caregiver
and "registered caregiver, 
respectively. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSOREDBY: ~ 
;;£ ~ 
(Senator BRAKEY) 
COUNTY: Androscoggin 
SENATE AMENDMENT 
Approved: 06/20/18 feac:. 
LD 1539 
LR 1833(08) 
An Act To Amend Maine's Medical Marijuana Law 
Fiscal Note for Senate Amendment tt)' to Committee Amendment "A" 
Sponsor: Sen. Brake:( of Androscoggin 
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 
FY 2020-21 
$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. 
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