An Act To Prohibit the Exclusion of a Patient from Eligibility for an Organ Transplant Based on Medical Marijuana Use
Maine Legislature, Session 128, LD 0764
Committee Amendment CA_A_H328 (House)
Amends: 22 MRSA §2423-E

COMMITTEE AMENDMENT "A " to H.P. 544, L.D. 764, Bill, "An Act To 
Prohibit the Exclusion of a Patient from Eligibility for an Organ Transplant Based on 
Medical Marijuana Use" 
Amend the bill by striking out everything after the enacting clause and before the 
summaty and inserting the following: 
'Sec. 1. 22 MRSA §2423-E, sub-§10 is enacted to read: 
10. Receiving an anatomical gift. A transplant evaluator may not determine a 
qualifying patient to be unsuitable to receive an anatomical gift solely because the 
qualifying patient uses medical marijuana. In reviewing a qualifying patient's suitability 
for receiving an anatomical gift, a transplant evaluator shall treat the qualifying patient's 
medical use of marijuana as the equivalent of the authorized use of any other medications 
used at the direction of a medical provider. A transplant evaluator may determine a 
qualifying patient to be unsuitable to receive an anatomical gift if the qualifying patient 
does not limit the qualifying patient's medical use of marijuana to the use of forms of 
prepared marijuana that are not smoked or vaporized, including, but not limited to, edible 
marijuana and tinctures and salves of marijuana. A transplant evaluator may require 
medical marijuana used by a qualifying patient to be tested for fungal contamination by a 
marijuana testing facility. For purposes of this subsection, "transplant evaluator" means a 
person responsible for determining another person's suitability for receiving an 
anatomical gift. For the purposes of this subsection, "anatomical gift" has the same 
meaning as in section 2942, subsection 2.' 
SUMMARY 
This amendment is the majority report of the committee. It prohibits a transplant 
evaluator from determining a qualifying patient to be unsuitable to receive an anatomical 
gift because the qualifying patient uses medical marijuana. 
It directs a transplant 
evaluator to treat a qualifying patient's use of medical marijuana like any other 
medication a patient may be taking. It provides that a transplant evaluator may determine 
a qualifying patient to be unsuitable to receive an anatomical gift if the qualifying patient 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
.. to H.P. 544, L.D. 764 
does not limit the type of medical marijuana used and may require the qualifying patient's 
medical marijuana to be tested for fungal contamination at a marijuana testing facility. 
FISCAL NOTE REQUIRED 
(See attMbed) 
COMMITTEE AMENDMENT 
Approved: 05/20/17 feac 
LD764 
LR 467(02) 
An Act To Prohibit the Exclusion of a Patient from Eligibility for an Organ Transplant Based on 
Fiscal Detail and Notes 
Medical Marijuana Use 
) 
Fiscal Note for Bill as Amended by Committee Amendment '~' ( H-3 ~ 8' 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Department of Health and Human Services to implement the provisions of this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR0467(02) - Fiscal Note - Page 1 of 1