An Act To Amend Maine's Medical Marijuana Law
Maine Legislature, Session 128, LD 1539
Committee Amendment CA_B_H766 (House)
Amends: 7 MRSA §2442, 7 MRSA §2454, 22 MRSA §2152, 22 MRSA §2158, 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-C, 22 MRSA §2423-D, 22 MRSA §2423-E, 22 MRSA §2423-F, 22 MRSA §2424, 22 MRSA §2425, 22 MRSA §2425-A, 22 MRSA §2426, 22 MRSA §2428, 22 MRSA §2429, 22 MRSA §2430, 22 MRSA §2430-A, 36 MRSA §191, 36 MRSA §1817, 36 MRSA §5122, 36 MRSA §5200-A

COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539, Bill, "An Act To 
Amend Maine's Medical Marijuana Law" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 7 MRSA §2442, sub-§31-B, as enacted by PL 2017, c. 309, §2, is 
amended to read: 
31-B. Registered caregiver. "Registered caregiver" means a primary caregiver who 
is registered by the Department of Health and Human Services pursuant to Title 22, 
section 2425, subsection 4 2425-A. 
Sec. 2. 7 MRSA §2442, sub-§32, as amended by PL 2017, c. 309, §3, is further 
amended to read: 
32. Registered dispensary. "Registered dispensary" means a nonprofit dispensary 
that is registered by the Department of Health and Human Services pursuant to Title 22, 
section 2428, subsection 2, paragraph} .. 2425-A. 
Sec. 3. 7 MRSA §2454, sub-§1, as enacted by IB 2015, c. 5, §1, is amended to 
read: 
1. Relation to the Maine Medical Use of Marijuana Act. This chapter may not be 
construed to limit any privileges or rights of a qualifying patient, primary caregiver, 
registered or otherwise, or registered dispensary under the Maine Medical Use of 
Marijuana Act. 
Sec. 4. 22 MRSA §2152, sub-§4-A, as amended by PL 2011, c. 407, Pt. A, §2, is 
further amended to read: 
4-A. Food establishment. "Food establishment" means a factory, plant, warehouse 
or store in which food and food products are manufactured, processed, packed, held for 
introduction into commerce or sold. "Food establishment" includes a primary caregiver, 
as defmed in section 2422, subsection 8-A, and a registered dispensary, as defined in 
section 2422, subsection 6, that prepare food containing marijuana for medical use by a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
qualifying patient pursuant to chapter 558-C. The following establishments are not 
considered food establishments required to be licensed under section 2167: 
A. Eating establishments, as defined in section 2491, subsection 7; 
B. Fish and shellfish processing establishments inspected under Title 12, section 
6101, 6102 or 6856; 
C. Storage facilities for native produce; 
D. Establishments such as farm stands and fa1mers' markets primarily selling fresh 
produce not including dairy and meat products; 
E. Establishments engaged in the washing, cleaning or sorting of whole produce, 
provided the produce remains in essentially the same condition as when harvested. 
The whole produce may be packaged for sale, provided that packaging is not by a 
vacuum packaging process or a modified atmosphere packaging process; 
F. Establishments that are engaged in the drying of single herbs that are generally 
recognized as safe under 21 Code of Federal Regulations, Sections 182 to 189. The 
single herbs may be packaged for sale, provided that packaging is not by a vacuum 
packaging process or a modified atmosphere packaging process; and 
G. A primary caregiver, as defined in section 2422, subsection 8-A, conducting an 
activity allowed in section 2423-A for a qualifying patient who is a member of the 
family, as defined in section 2422, subsection 5-A, or member of the household, as 
defined in section 2422, subsection 5-B, of the primary caregiver. 
Sec. 5. 22 MRSA §2158, as amended by PL 2011, c. 407, Pt. A, §3 and c. 657, Pt. 
W, §6, is further amended to read: 
§2158. Addition of certain substances limited 
Any poisonous or deleterious substance added to any food, except where such 
substance is required in the production thereof or cannot be avoided by good 
manufacturing practice, must be deemed to be unsafe for purposes of the application of 
section 2156, subsection 1, paragraph B; but when such substance is so required or cannot 
be avoided, the Commissioner of Agriculture, Conservation and Forestry shall adopt rules 
limiting the quantity therein or thereon to such extent as the commissioner fmds 
necessary for the protection of public health, and any quantity exceeding the limits so 
fixed must be deemed to be unsafe for purposes of the application of section 2156, 
subsection 1, paragraph B. While such a rule is in effect limiting the quantity of any such 
substance in the case of any food, such food may not, by reason of bearing or containing 
any added amount of such substance, be considered to be adulterated within the meaning 
of section 2156, subsection 1, paragraph A. In determining the quantity of such added 
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substance to be tolerated in or on different mticles of food, the commissioner shall take 
into account the extent to which the use of such substance is required or cannot be 
avoided in the production of each such article and the other ways in which the consumer 
may be affected by the same or other poisonous or deleterious substances. Goods that are 
prepared by a primary caregiver under section 2152, subsection 4-A, paragraph Gorin a 
food establishment that is a licensed facility under section 2167 and that contain 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
marijuana for medical use by a qualifying patient, pursuant to chapter 558-C, are not 
considered to be adulterated under this subchapter. 
Sec. 6. 22 MRSA §2422, as amended by PL 2015, c. 475, §§1 to 5, is further 
amended to read: 
§2422. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Cardholder. 
11Cardholder
means a qualifyi-eg patient, a registered primary 
caregiver, an employee of a registered primary caregiver or a prilleipal officer, board 
member or employee of a registered dispensary or a marijuana testi-eg facility person who 
has been issued and possesses a valid registry identification card. 
1-A. Collective. "Collective" means an association, cooperative, affiliation or group 
of primary caregivers who physically assist each other in the act of cultivation, processing 
or distribution of marijuana for medical use for the benefit of the members of the 
collective. 
1-B. Certified nurse practitioner. "Certified nurse practitioner" means a registered 
professional nurse licensed under Title 32, chapter 31 who has received postgraduate 
education designed to prepare the nurse for advanced practice registered nursing in a 
clinical specialty in nursing that has a defined scope of practice and who has been 
certified in the clinical specialty by a national certifying orgahization acceptable to the 
State Board of Nursing. 
1-C. 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-D. 
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. 
1. Debilitatiag medieal eeadi-tien. "Debilitati-eg medical condition" means: 
A. Caneer, glaucoma, positive status for human immunodeficiency virus, acquired 
immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, agitation of 
.fJzheimer's disease, nail patella syndrome or the treatment of these conditions: 
B. 
,A,_ ehronie or debilitati-eg disease or medical condition or its treatment that 
produees intraetable pain, ,vhioh is pain that has not responded to orrlimnv merlioal or 
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sure:ioal measures for more than 6 months: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
C. 
A ohronio or debilitating disease or medioal oondition or its treatment that 
produoes one or more of the following: oaohexia or ,,vasting syndrome; severe nausea: 
or seizures, inoluding but not limited to those oharaotei'istio of epilepsy; 
D. Any other medioal oondition or its treatment as provided for in seotion 2424. 
subseotion 2; or 
E. Post traumatio stress disorder, inflammatory bowel disease, dyskinetio and spastio 
movemsnt disorders and other diseases oausine severe and nersistsnt musole snasms. 
3. Cultivation area. "Enolosed, looked faoility Cultivation area" means a oloset, 
room, building, greenhouse or other enolosed an indoor or outdoor area used for 
cultivation in accordance with this chapter that is enclosed and equipped with locks or 
other security devices that permit access only by the individual a person authorized to 
oultivate the mariiuana have access to the area under this chapter. 
A. 
Extended inventory supply interruption. 
"Extended invsntory supply 
intenuption" means any eiroumstanoe that: 
A. Requires a registered dispensary to limit for more than a 2 week period the 
amount that a patient may purohase to less than 2 1/2 ounoes during a 15 day period; 
ef 
B. Pre-vents a registered dispensary from oonsistently offering for a 2 '.Veek period or 
longer a full range of strains of marijuana. inoluding but not limited to strains rioh in 
oannabidiol, to a patient. 
3-B. Edible marijuana product. "Edible marijuana product" means a marijuana 
product intended to be consumed orally, including, but not limited to, any type of food, 
drink or pill containing harvested marijuana. 
3-C. 
Harvested marijuana. 
"Harvested marijuana" means the plant material 
harvested from a mature marijuana plant, except the stalks, leaves and roots of the plant 
that are not used for a qualifying patient's medical use. "Harvested marijuana" includes 
marijuana concentrate and marijuana products. 
4. Disqualifying drug offense. "Disqualifying drug offense" means a conviction for 
a violation of a state or federal controlled substance law that is a crime punishable by 
imprisonment for one year or more. It does not include: 
A. An offense for which the sentence, including any term of probation, incarceration 
or supervised release, was completed 10 or more years earlier; or 
B. An offense that consisted of conduct that would have been pe1mitted under this 
chapter. 
A. Ineidental amount of marijuana. "Inoidental amount of marijuana" means an 
amount of nonflov,rering marijuana plants; marijuana seeds, stalks and roots: and 
harvested, dried unprepared marijuana defined by rules adopted by the department. 
4-B. Mature marijuana plant. 
"Mature marijuana plant" means a harvestable 
flowering female marijuana plant that is flowering. 
4-C. Medical provider. "Medical provider" means a physician er~ a certified nurse 
practitioner or a physician assistant. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"B"toH.P.1060,L.D.1539 
4-D. 
Immature marijuana plant. 
"Immature marijuana plant" means a 
nonflowering marijuana plant that measures more than 24 inches from the base of the 
main plant stalk to the most distant point of the plant's leaf stems or branches. 
4-E. Inherently hazardous substance. "Inherently hazardous substance" means a 
liquid chemical: a compressed gas: carbon dioxide: or a commercial product that has a 
flash point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane. 
propane and diethyl ether. "Inherently hazardous substance" does not include any form of 
alcohol or ethanol. 
4-F. Long-term care facility. "Long-term care facility" means a hospice provider 
facility licensed under chapter 1681: a nursing facility licensed under chapter 405; an 
assisted living facility licensed under chapter 1663 or 1664: or a facility or program 
licensed under chapter 1663 that provides care for a qualifying patient in accordance with 
section 2423-A. subsection 1. paragraph F-1, subparagraph (2). 
4-G. Manufacture or manufacturing. "Manufacture" or "manufacturing" means 
the production, blending. infusing, compounding or other preparation of marijuana 
concentrate and marijuana products, including, but not limited to, marijuana extraction or 
preparation by means of chemical synthesis. 
4-H. Manufacturing facility. "Manufacturing facility" means a registered tier 1 or 
tier 2 manufacturing facility or a person authorized to engage in marijuana extraction 
under section 2423-F. 
4-I. Marijuana concentrate. "Marijuana concentrate" means the resin extracted 
from any part of a marijuana plant and eve1y compound, manufacture, salt, derivative, 
mixture or preparation from such resin, including, but not limited to, hashish. 
4-J, Marijuana extraction. "Marijuana extraction" means the process of extracting 
marijuana concentrate from harvested marijuana using water, lipids, gases, solvents or 
other chemicals or chemical processes. 
4-K. Marijuana plant. "Marijuana plant" means a plant of the genus Cannabis, 
including, but not limited to, Cannabis sativa, Cannabis indica and Cannabis ruderalis or 
their hybrids and the seeds of those plants. 
4-L. Marijuana product. 
"Marijuana product" means a product composed of 
harvested marijuana and other ingredients that is intended for medical use. "Marijuana 
product" includes, but is not limited to, an edible marijuana product, a marijuana 
ointment and a marijuana tincture. "Marijuana product" does not include marijuana 
concentrate. 
4-M. Nonflowering marijuana plant. "Nonflowering marijuana plant" means a 
marijuana plant that is in a stage of growth in which the plant's pistils are not showing or 
the pistils protrude in pairs from seed bracts that may be located on multiple nodes of the 
plant. 
5. 
Medical use. 
"Medical use" means the acquisition, possession, cultivation, 
manufacture, use, delivery, transfer or transportation of marijuana or paraphernalia 
relating to the administration of marijuana to treat or alleviate a qualifying patient's 
debilitating medical condition diagnosis or symptoms 1u1sooiatgrl witli thg n::itiin1t1s 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
debilitating medical condition for which a medical provider has provided the qualifying 
patient a written certification under this chapter. 
5-A. Member of the family. "Member of the family" means a person who is ~ 
resident of the State and who is a spouse, domestic partner, child, sibling, aunt, uncle, 
niece, nephew, parent, stepparent, grandparent or grandchild of another person. "Member 
of the family" includes a person who is a resident of the State and who is living with a 
person as a spouse and a natural parent of a child of a person. 
5-B. Members of the same household. "Members of the same household" means 2 
or more people who share a are residents of the State and who reside in a shared dwelling 
unit. 
5-C. Marijuana testing facility. "Marijuana testing facility" means a public or 
private laboratory that: 
A. 
Is licensed, oertified or otherwise approved by the department authorized in 
accordance with rules adopted by the department under section 2423-A, subsection 
10, paragraph D to analyze contaminants in and the potency and cannabinoid profile 
of samples; and 
B. 
Is accredited pursuant to standard ISO/IEC 17025 of the International 
Organization for Standardization by a 3rd-party accrediting body or is certified, 
registered or accredited by an organization approved by the department. 
6. Registered dispensary. "Registered dispensary" or "dispensary" means a not for 
i,refit an entity registered under section~ 2425-A that acquires, possesses, cultivates, 
manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana or 
related supplies and educational materials to qualifying patients and the nrimarv 
caregivers of those patients. 
6-B. Officer or director. "Officer or director" means, when used with respect to 
any nonprofit, for-profit or other organization governed by this chapter, a director, 
manager, shareholder, board member, partner or other person holding a management 
position or ownership interest in the organization. 
7. Physician. "Physician" means a person licensed as an osteopathic physician by 
the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or a person licensed 
as a physician or surgeon by the Board of Licensure in Medicine pursuant to Title 32, 
chapter 48 who is in good standing and who holds a valid federal Dmg Enforcement 
Administration license to prescribe drugs. 
7-A. 
Physician assistant. 
"Physician assistant" means a person licensed as a 
physician assistant by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 
6 
or a person licensed as a physician assistant by the Board of Li censure in Medicine 
pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal 
Dmg Enforcement Administration license to prescribe dmgs. 
8-A. Caregiver. "Primary caregiver Caregiver" means a person or an employee 
assistant of that person, a hospioe provider lioensed under ohapter 1681 or a nursing 
faoility lioensed under ohapter 4 05 that provides care for a qualifying patient in 
accordance with section 2423-A, subsection 2. A nerson who is a nrimarv oaro!liver must 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
be at least 21 vears of a2:e and mav not have been convicted of a dism:ialifvin2= ill1:12' 
offense. 
9. Qualifying patient. "Qualifying patient" or "patient" means a person who has 
been diagnosed by a medical provider as having a debilitating medical condition has been 
a resident of the State for at least 30 days and who possesses a valid written certification 
regarding medical use of marijuana in accordance with section 2423-B. 
9-A. Registration certificate. "Registration certificate" means a document issued 
by the department that identifies an entity as an entity that has registered with the 
department in accordance with this chapter. 
9-B. Remuneration. "Remuneration" means a donation or any other monetary 
payment received directly or indirectly by a person in exchange for goods or services as 
part of a transaction in which marijuana is transferred or furnished by that person to 
another person. 
10. Registered H0npr0fit dispensary. 
11R~gistered nonprofit dispensary" means a 
nonprofit dispensary that is registered by the department pursuant to section 2428. 
subsection 2, paragraph A. 
11. 
Registered caregiver. 
"Registered primary caregiver" means a primary 
caregiver who is registered by the department pursuant to section 2425. subsection 4 
2425-A. 
12. Registered patient. "Registered patient" means a qualifying patient who is 
registered by the department pursuant to section 2425, subsection 1 2425-A. 
13. Registry identification card. "Registry identification card" means a document 
issued by the department that identifies a person as a registered primary caregiver, an 
employee of a registered primary caregiver or a principal officer, board member or 
employee of a dispensary or a marijuana testing facility person who has registered with 
the department in accordance with this chapter. 
13-A. 
Tamper-resistant paper. 
"Tamper-resistant paper" means paper that 
possesses an industry-recognized feature that prevents copying of the paper, erasure or 
modification of information on the paper and the use of counterfeit documentation. 
13-B. Resident of the State. 
"Resident of the State" means a person who is 
domiciled in the State. 
13-C. 
Tamper-evident. 
"Tamper-evident" means, with respect to a. device or 
process, bearing a seal, a label or a marking that makes unauthorized access to or 
tampering with a package, product or container easily detectable. 
14. Prepared marijuana. "Prepared marijuana" means the dried leaves and flowers 
and the by products of the dried leaves and flowers of the marijuana plant that require no 
7 
further processing and any mixture or preparation of those dried leaves and flovlers and 
8 
by products, including but not limited to tinctures, ointments and other preparations, but 
does not include the seeds, stalks, leaves that are disposed of and not dried for use and 
roots of the plant and does not include the ingredients, other than marijuana, in tinctures, 
ointments or other preparations that include marijuana as an ingredient or food or drink 
nrenarsd 1.vith mariiuana as an in2=rndisnt for human consumntion. 
COMMITTEE AMENDMENT 
COl'vfMITTEEAMENDMENT "B" to H.P. 1060, L.D. 1539 
14-A. 
Sample. 
"Sample" means ooy .!! marijuana plant or produet containing 
marijuana regulated under this chapter harvested marijuana that is provided for testing or 
research purposes to a marijuana testing facility bv a aualifvin2= natient. desi1materl 
primary earegiver or dispensary. 
14-B. Seedling. "Seedling" means a nonflowering marijuana plant or rooted cutting 
that measures 24 inches or les.s from the base of the main plant stalk to the most distant 
point of the plant's leaf stems or branches. 
15. Visiting qualifying patient. "Visiting qualifying patient" means a patient with-a 
debilitating medieal eondition who is authorized for the medical use of marijuana in this 
State in accordance with section 2423-D and who is not a resident of this the State or who 
has been a resident of this the State less than 30 days. 
16. Written certification. "Written certification" means a document on tamper-
resistant paper signed by a medical provider; that expires within one year is valid for the 
term provided by the qualifying patient's medical provider, except that the te1m of a 
written certification may not exceed one year, and that states that in the medical 
provider's professional opinion a 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 diagnosis or symptoms associated with the debilitating medical 
eondition diagnosis. A written eertifioation may be made only in the course of a bona 
fide medieal provider patient relationship after the medieal provider has eompleted a full 
assessment of the qualifying patient's medieal history. 
Sec. 7. 22 MRSA §2423-A, as amended by PL 2017, c. 271, §1, is further 
amended to read: 
§2423-A. Authorized conduct for the medical use of marijuana 
1. Qualifying patient. Except as provided in section 2426, a qualifying patient may: 
A. Possess up to 2 1/2 ounees 8 pounds of prepared harvested marijuana iffi4---an 
ineidental amount of marijuana as provided in subseetion 5; 
B. 
Cultivate, or designate a primary caregiver te operating under subsection 3, 
paragraph C to cultivate under paragraph F F-1, subparagraph (1), up to a total of 6 
mature marijuana plants, 12 immature marijuana plants and unlimited seedlings for 
that qualifying patient. The total number of mature marijuana plants per qualifying 
patient, whether cultivated by the patient or by a primary caregiver operating under 
subsection 3, paragraph C, may not exceed 6. In addition to the 6 mature marijuana 
plants, the patient who is eultivating the patient's ovm marijuana may have harvested 
marijuana in varying stages of proeessing in order to ensure the patient is able to 
maintain supply and meet personal needs. The total number of immature marijuana 
7 
plants per qualifying patient, whether cultivated by the patient or by a caregiver 
operating under subsection 3, paragraph C, may not exceed 12. 
Two or more 
qualifying patients who are members of the same household and cultivating their own 
marijuana plants may share one enelosed, looked faeility for cultivation area; 
C. Possess marijuana paraphernalia; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
D. Furnish or offer to furnish to another qualifying patient for that patient's medical 
use of marijuana up to 2 1/2 ounces of prepared harvested marijuana ff nothinsx of 
w1chrn i~ ofrnrerl or tran~furrnrl in mtHrn for no remuneration; 
B. Designate one person, hospice provider or nursing facility as a primary oaregiver 
to assist •.vith the qualifying patient's medical use of marijuana in a stan.dardized 
written document, developed by the department, signed and dated by the qualifying 
patient, in.eluding a one year expiration and the signed acknowledgment of the 
primary caregiver that the primary caregiver may be contacted to confirm the 
designation of the primary caregiver. A 2nd person or hospice provider or nursing 
facility may be designated as a 2n.d primary caregiver if the patient is under 18 years 
of age. The primary caregivers for a patient are determined solely by the patient's 
preference eKcept that a parent, guardian or person having legal custody shall serve as 
a primary caregiver for a minor child; 
F. Designate on.e primary caregiver or a registered dispensary to cultivate marijuana 
for the medical use of the patient, except that a hospice provider or a nursing facility 
that is designated as a primary caregiver by a patient and the staff of the provider or 
facility may not be designated to cultivate marijuana for the patient. The qualifyin.g 
patient must designate the primary caregiver or registered dispensary to cultivate for 
the patient in a standardized vmtten dooument, developed by the department, signed 
and dated by the qualifying patient, which must include a on.e year expiration, the 
total number of mature plants the primary caregiver is designated to cultivate and the 
signed aoknov;ledgment of the primary caregiver that the primary caregiver may be 
contacted to confinn the designation of the primary caregiver to cultivate for the 
patient and the number of mature plants to be cultivated and being cultivated for the 
patioot or the signed acknov;ledgment of a person on behalf of the registered 
dispensary that the registered dispensary may be contacted to confirm the designation 
of the dispensary to culti:vate for the patient and the number of mature plants to be 
cultivated and being cultivated for the patient; 
F-1. Obtain or receive harvested marijuana for the patient's medical use without 
designating a caregiver or a dispensary, except that a qualifying patient or the parent, 
legal guardian or person having legal custody of a qualifying patient who has not 
attained 18 years of age or who is enrolled in a preschool or primary or secondary 
school must designate, as applicable: 
(1) A caregiver operating under subsection 3, paragraph C in order to have that 
caregiver cultivate marijuana plants for the patient: 
(2) A . long-term care facility in order to have that facility assist with the 
qualifying patient's medical use of harvested marijuana. A long-term care facility 
that is designated by a patient may not be designated to cultivate marijuana plants 
for the patient: 
(3) A person in order to have that person obtain harvested marijuana on behalf of 
the qualifying patient or transport the harvested marijuana to the qualifying 
patient. The person must possess the person's government-issued photographic 
identification that contains the person's address, the qualifying patient's written 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
certification and the qualifying patient's designation in order to engage in this 
conduct; and 
(4) A caregiver in order to have that caregiver possess and administer harvested 
marijuana for the patient's medical use pursuant to section 2426, subsection 1-A 
if the patient is enrolled in a preschool or primary or secondary school. 
A designation pursuant to this paragraph must be in a standardized written document, 
developed by the department, that is signed and dated by the qualifying patient or the 
parent, legal guardian or person having legal custody of the qualifying patient and 
expires on a date not to exceed the expiration date of the qualifying patient's written 
certification. The document must include the signed acknowledgment of the person 
or facility that the person or facility may be contacted to confirm the designation of 
the person or facility to engage in the conduct authorized by the designation. The 
document must also include, if applicable, the total number of mature marijuana 
plants and immature marijuana plants the caregiver is cultivating for the patient; 
F-2. Choose a caregiver based solely on the patient's preference, except that a parent, 
legal guardian or person having legal custody of a qualifying patient who has not 
attained 18 years of age must serve as one caregiver for the patient; 
G. Be in the presence or vicinity of the medical use of marijuana and assist any 
qualifying patient with using or administering marijuana; 
H. Accept excess prepared marijuana plants or harvested marijuana from a primary 
qualifying patient, caregiver in accordance with subsection 2, paragraph H or 
registered dispensary if nothing of value no remuneration is provided to the nrimAW 
patient, caregiver or dispensary; at*1 
I. Provide samples to a marijuana testing facility for testing and research purposes7~ 
J. 
Manufacture marijuana products and marijuana concentrate for medical use, 
except that a qualifying patient may not manufacture food, as defined in section 2152, 
subsection 4, unless the qualifying patient is licensed pursuant to section 2167 and 
except that a qualifying patient may not produce marijuana concentrate using 
inherently hazardous substances unless authorized pursuant to section 2423-F, 
subsection 3; 
K. Provide harvested marijuana to a manufacturing facility and obtain marijuana 
products and marijuana concentrate from the manufacturing facility that are produced 
from the harvested marijuana the qualifying patient provided to the manufacturing 
facility; 
L. 
Transport marijuana plants or harvested marijuana for a qualifying patient's 
medical use of marijuana in accordance with this chapter; and 
M. Use harvested marijuana in any fo1m, except as provided in subsection 4-A and 
except that qualifying patients who have not attained 18 years of age may not engage 
in smoking harvested marijuana. For the purposes of this paragraph, "smoking" has 
the same meaning as in section 1541, subsection 6, except that "smoking" does not 
include the use of a nebulizer. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
2. Caregiver. Except as provided in section 2426, a primary caregiver, for the 
purpose of assisting a qualifying patient who· has designated the primary earegiver as 
provided in subsection 1 with the patient's medical use of marijuana, may engage in the 
following authorized conduct if the caregiver is a resident of the State. is 21 years of age 
or older and has not been convicted of a disqualifying drug offense: 
A. Possess up to 2 1/2 ounces of prepared marijuana and an ineidental amount of 
marijuana as provided in subsection 5 for each qaalifying patient who has designated 
the person as a pl'imary earegiver all harvested marijuana produced by the caregiver's 
cultivation of marijuana plants under paragraph B; 
A-1. Transfer up to 2 1/2 ounces of harvested marijuana to a qualifying patient in 
one transaction. except that a caregiver may not dispense more than 2 1/2 ounces of 
harvested marijuana to a visiting qualifying patient during a 15-day period; 
B. Cultivate up to 6 30 mature marijuana plants for each qualifying patient who has 
designated the primary caregiver to cultivate marijuana on the patient's behalf, 
subject to the limitation in subsection 1, paragraph B on the total number of plants 
authorized per qualifying patient. A primary earegiver may not eultivate marijuana 
for a patient unless the patient has designated the primary caregiver for that purpose 
and the patient has not designated a registered dispensary to cultivate marijuana for 
the patient's medical use. In addition to the marijuana plants otherwise authorized 
under this paragraph, a primary caregiver may have harvested marijuana plants in 
varying stages of prooessing in order to ensure the primary earegiver is able to meet 
the needs of the primary oaregiver's qualifying patients. 60 immature marijuana 
plants and unlimited seedlings; 
C. ,'\ssist a maximum of 5 patients 1,vho have designated the primary caregiver to 
eultivat6 marijuana for their medioal use: 
C-1. Assist a qualifying patient with the patient's medical use of marijuana; 
D. R~oeive reasonable monetary compensation for oosts assooiated with assisting a 
qualifying patient 1.vho designated the primary oaregiver; 
E. Receive reasonable monetary compensation for costs associated with cultivating 
marijuana fur a patient 1.vho designated the primary oaregiver to cultivate plants or 
assisting a qualifying patient with that patient's medical use of marijuana; 
F. Be in the presence or vicinity of the medical use of marijuana and assist any 
patient with the medical use, administration or preparation of marijuana; 
G. Prepare food as defined in section 2152, subseotion 4 oontaining marijuana, 
including tinctures of marijuana, fur medical use by a qualifying patient pursuant to 
seotion 2152, subsection 4 A and section 2167 Manufacture marijuana products and 
7 
marijuana concentrate for medical use. except that a caregiver may not manufacture 
food, as defined in section 2152, subsection 4, unless the caregiver is licensed 
pursuant to section 2167 and except that a caregiver may not produce marijuana 
concentrate using inherently hazardous substances unless authorized pursuant to 
section 2423-F, subsection 3; 
H. For the purpose of disposing of exoess prepared marijuana, transfer prepared 
mariiuana to a reeistered disnensarv. a aualifvine natient or another nrimarv 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
caregiver if nothing of value is provided to the primary oaregwer. 
A primary 
caregiver v;ho transfers prepared marijuana pursuant to this paragraph does not by 
virtue of only that transfer qualify as a member of a collective; 
I. Employ one person Hire any number of assistants to assist in performing the duties 
of the primary caregiver; 
J. 
Use a pesticide in the cultivation of marijuana plants if the pesticide is used 
consistent with federal labeling requirements, is registered with the Department of 
Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 
7, section 607 and is used consistent with best management practices for pest 
management approved by the Commissioner of Agriculture, Conservation and 
Forestry. A registered primary caregiver may not in the cultivation of marijuana 
plants use a pesticide unless the registered primary caregiver or the registered 
primary caregiver's employee assistant is certified in the application of the pesticide 
pursuant to section 14 71-D and any employee assistant who has direct contact with 
treated plants has completed safety training pursuant to 40 Code of Federal 
Regulations, Section 170.130. 
An employee assistant of the registered primary 
caregiver who is not certified pursuant to section 1471-D and who is involved in the 
application of the pesticide or handling of the pesticide or equipment must first 
complete safety training described in 40 Code of Federal Regulations, Section 
170.230; 
K. For the purpose of disposing of excess prepared Transfer marijuana, transfer 
prepared marijuana plants and harvested marijuana to a qualifying patient, another 
caregiver or a registered dispensary for reasonable compensation. The transfer of 
prepared marijuana by a primary caregiver to one or more dispensaries under this 
paragraph is limited to a registered primary caregiver. A registered primary caregiver 
may not transfer more than 2 pounds of excess prepared marijuana for reasonable 
compensation under this paragraph in a calendar year. A primary caregiver who 
transfers prepared marijuana pursuant to this paragraph does not by virtue of only that 
trarrnfer ouaH-fv a~ a memher ofa oolleotive no remuneration; 
K-1. 
Transfer to and accept from another registered caregiver or a dispensary 
marijuana plants and harvested marijuana in a wholesale transaction in accordance 
with this paragraph. A registered caregiver may transfer in wholesale transactions for 
reasonable compensation or for no remuneration up to 30% of the mature marijuana 
plants grown by the caregiver over the course of a calendar year, including any 
marijuana products or marijuana concentrate manufactured from that 30% of the 
mature marijuana plants grown by the caregiver. A registered caregiver may transfer 
to or accept from other registered caregivers and dispensaries in wholesale 
transactions an unlimited amount of immature marijuana plants and seedlings. A 
registered caregiver that acquires mature marijuana plants, marijuana products or 
marijuana concentrate in a wholesale transaction under this paragraph may not resell 
the mature marijuana plants, marijuana products or marijuana concentrate except to a 
qualifying patient or to another registered caregiver or dispensary to assist a 
qualifying patient; 
L. If tho primary caregiver is a registered primary oaregivcr, provide Provide 
samples to a marijuana testing facility for testing and research purposes; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
M. If the primary oaregiver is a registered primary oaregiver, oonduot Conduct 
marijuana testing at the request of anyone authorized to possess marijuana under this 
chapter for research and development purposes only,l 
N. Provide harvested marijuana to a manufacturing facility and obtain marijuana 
products and marijuana concentrate from the manufacturing facility that are produced 
from the harvested marijuana the caregiver provided to the manufacturing facility; 
0. Transport marijuana plants or harvested marijuana for authorized conduct in 
accordance with this chapter; 
P. Operate a retail store to sell harvested marijuana to qualifying patients for the 
patients' medical use in accordance with this chapter; and 
Q. Be organized as any type oflegal business entity recognized under the laws of the 
State. 
3. Cultivation of marijuana. The following provisions apply to the cultivation of 
marijuana plants by a qualifying patient under subsection 1 and a primary caregiver under 
subsection 2. 
A. A patient who elects to cultivate marijuana plants must keep the plants in an 
enolosed, looked faoility a cultivation area unless the plants are being transported 
beoause the patient is movmg or taking the plants to the patient's ovm property in 
order to oultivate them pursuant to subsection 1, paragraph L. 
Access to the g 
cultivation faoility area is limited to the patient, except that emergency services 
personnel, an employee assistant of a marijuana testing facility or a person who needs 
to gain access to the g cultivation faoility area in order to perform repairs or 
maintenance or to do construction may access the g cultivation faoility area to provide 
those professional services while under the direct supervision of the patient. 
B. A primary caregiver who has been designated by a patient to oultivate cultivating 
marijuana plants for the g patient's medical use must keep all plants in an enolosed, 
looked faoility a cultivation area unless the plants are being transported because the 
primary oaregiver is moving or taking the plants to the primary caregiver's ovm 
property in order to eultivate them pursuant to subsection 2, paragraph 0. +he 
primary caregiver shall use a numerical identification system to enable the primary 
earegiver to identify marijuana plants eultivated for a patient. 
Access to the g 
cultivation faeility area is limited to the primary caregiver, except that an elected 
official invited by the primary caregiver for the purpose of providing education to the 
elected official on cultivation by the primary caregiver, emergency services 
personnel, an employee assistant of a caregiver or a marijuana testing facility or a · 
person who needs to gain access to the g cultivation facility area in order to perform 
7 
repairs or maintenance or to do construction may access the g cultivation facility area 
to provide those professional services while under the direct supervision of the 
primary caregiver. 
B-1. Except as provided in paragraph C. a caregiver is required to register with the 
department. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
C 
A 
• 
' 
d . 
d 
. 
.. 
B 
l'=ey. 
. 
. 
• 
n pnmary oareg1Veres1gnate to ou41Vate man3uana ~r a qua 1 rmg patient 1s 
required to register with the department, exoept that the The following nrimarv 
caregivers are not required to register with the department: 
(1) A primary caregiver designated to cultivate for a qualifying patient if that 
qualifying patient is a member of the household of that primary caregiver; 
(2) 
Two primary caregivers who are qualifying patients, if those primary 
caregivers are members of the same household and assist one another with 
cultivation; and 
(3) A primary caregiver who cultivates for a qualifying patient if that qualifying 
patient is a member of the family of that primary caregiver. 
C-1. A caregiver operating under paragraph C may engage in the conduct authorized 
in subsection 2, except that a caregiver operating under paragraph C may not: 
(1) Cultivate marijuana plants for more than 2 members of the family or members 
of the same household; 
(2) Cultivate more than 6 mature marijuana plants and 12 immature marijuana 
plants for each qualifying patient who has designated the caregiver to cultivate 
marijuana plants on the patient's behalf; 
(3) Possess more than 8 pounds of harvested marijuana; 
(4) Sell marijuana plants or harvested marijuana at wholesale under subsection 2, 
paragraph K-1; 
(5) Use a pesticide under subsection 2, paragraph J; 
(6) Operate a retail store under subsection 2, paragraph P; or 
(7) Organize as a business entity under subsection 2, paragraph Q. 
D. Two primary caregivers who are members of the same family or household may 
share the same enclosed, looked faoility cultivation area. 
E. A person who is authorized to cultivate marijuana plants under subsection 1 or 2 
and who is employed by an assistant of a primary caregiver pursuant to subsection 2, 
paragraph I may not cultivate that person's own marijuana plants in the looation used 
fer cultivation area by the primary caregiver who employs that person. 
4. Long-term care facility. A registered qualifying patient may ™ 
designate a 
hospioe provider lioensed under chapter 1681 or a nursing facility licensed under chapter 
~ 
long-term care facility to serve as a registered primaty caregiver assist with the 
qualifying patient's medical use of marijuana if that use is consistent with the facility's 
policy and is pursuant to subsection 1, paragraph F-1, subparagraph 2. If a hospice 
provider or nursing long-te1m care facility is named as a primary caregiver designated, 
the provider or facility shall complete the registration process with the department and 
obtain a primary caregiver registration oard and the staff of the provider or facility shall 
obtain registry identification oards registration certificate for the facility. +e For a long-
term care facility to be issued a registry identifioation card registration certificate, a staff 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
peFSOO persons of a hospice provider or m:1:Fsing the facility that has been named as a 
primary caregiver who will be assisting a qualifying patient with the patient's medical use 
of marijuana in accordance with this chapter must be at least 21 years of age and may not 
have been convicted of a disqualifying drug offense. The hospice provider or nursing 
long-term care facility and the staff of the provid6r or facility may not cultivate marijuana 
plants for the patient. 
4-A. Use and storage in inpatient long-term care facility permitted. A qualifying 
patient who is a resident of a hospic6 provider long-term care facility licens6d under 
chapter 1681 or nursing facility licensed under chapter 405, while in the hospice provider 
facility or nursing facility, may use forms of prnparnd harvested marijuana that are not 
smoked, inoluding, but not limited to, vaporized marijuana, edible marijuana and 
tinotures and salves of marijuana consistent with the facility's policy. A qualifying 
patient who uses a form of prnparnd harvested marijuana pursuant to this subsection may 
store the prepared harvested marijuana in the qualifying patient's room and is not required 
to obtain a registry identification card or to designate the hospioe provid6r or nursing 
long-term care facility as a primary oaregiver under subseotion 4 subsection 1, paragraph 
F-1, subparagraph (2). A hospice provider or nursing long-term care facility is not 
required to be named as a primary oaregiver designated by a qualifying patient who uses 
prepared harvested marijuana pursuant to this subsection. This subsection does not limit 
the ability of a hospioe provider or nursing long-term care facility to prohibit or restrict 
the use or storage of prepared harvested marijuana by a qualifying patient. 
5. Ineidental amount of marijuana. For purpos6s of this seotion, any inoidental 
amount of marijuana .is lawful for a qualifying patient or a primary caregiver to possess 
and is not inoluded in the amounts of prepared marijuana speoified in this seotion. 
7. Exeess marijuana; forfeiture. A p6rson who poss6SS6S marijuana seedlings, 
marijuana plants or prepared marijuana in exoess of the limits provided in this seotion and 
rules adopted under this seotion must forfeit the exo6ss amounts to a law enforoement 
offioer. 
The lav,r enforoement offioer is authorized to remove all exoess marijuana 
seedlings, marijuana plants and prepared marijuana in order to catalog the amount of 
exoess marijuana. Possession of marijuana in exoess of the limits provided in this seotion 
and rules adopted under this section is a violation as follmvs: 
A. Possession of mariiuana in an exc6SS amount utJ to 2 1/2 ounces is a violation of 
seotion 2383; and 
B. Possession of mariiuana in an ~rness amount over 2 1/2 ounces is a violation of 
Titl6 17 i., chapter 45. 
8. Repeat forfeiture. If a oardholder has previously forfeited e1rness marijuana 
pursuant to subseotion 7 and a subs6quent forfeitur6 ocours, the department shall revoke 
the registry identifioation card of the cardholder and the entire amount of marijuana 
S66dlings, marijuana plants and prepared marijuana must be forfeited to a law 
enforoement officer. The department shall adopt rules to implement this subsection. 
Rules adopted pursuant to this subsection are routine teohnical rules as defined in Title 5. 
chapter 375, subchapter 2 A. 
9. Colleetives prohibited. Colleotives are prohibited under this ohapter. A. person 
mav not form or narticinate in a collective. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
10. Marijuana testing facility. The following provisions apply to a marijuana 
testing facility. 
A. A marijuana testing facility that meets the requirements of this subsection and any 
rules adopted under paragraph D may receive and possess samples from qualifying 
patients, d6signat6d primary caregivers and., dispensaries and manufacturing facilities 
to provide testing for the cannabinoid profile and potency of the samples and for 
contaminants in the samples, including but not limited to mold, mildew, heavy 
metals, plant regulators and illegal pesticides. For the purposes of this paragraph, 
"plant regulator" has the same meaning as in Title 7, section 604, subsection 26. 
B. 
An 6mployee assistant of a marijuana testing facility may have access to 
cultivation faeilities areas pursuant to subsection 3, paragraphs A and B and section 
2428, subsection 6, paragraph I. 
C. A marijuana testing facility shall: 
(1) 
Properly dispose Dispose of marijuana residue in eomplianee with 
department rules samples in a manner that prevents diversion of samples to 
persons not authorized to possess the samples tested by the facility; 
(2) House and store marijuana samples in the facility's possession or control 
during the process of testing, transport or analysis in a manner to prevent 
diversion, theft or loss; 
(3) Label marijuana samples being transported to and from the facility with the 
following statement: "For Testing Purposes Only
; 
(4) Maintain testing results as part of the facility's business books and records; 
and 
(5) Operate in accordance with any rules adopted by the department. 
D. The department shall adopt routine technical rules as defined in Title 5, chapter 
375, subchaptcr 2-A governing marijuana testing facilities, including but not limited 
to: 
(1) Marijuana testing facility officer or director qualification requirements; 
(2) Required security for marijuana testing facilities; and 
(3) Requirements for the licensing, certifying or other approval of marijuana 
testing facilities. 
The failure of the department to adopt rules under this paragraph does not prevent a 
marijuana testing facility from engaging in activities in compliance with this chapter. 
E. A marijuana testing facility shall obtain and must be able to produce, upon 
demand of the department or a municipal code enforcement officer, documentation of 
the facility's accreditation pursuant to standard ISO/IEC 17025 of the International 
Organization for Standardization by a 3rd-party accrediting body. The department 
may inspect a marijuana testing facility during regular business hours and hours of 
apparent activity for compliance with this chapter. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
11. Immunity. +he immunity provisions in this subsection apply to a marijuana 
testing facility's principal officers, board members, agents and employees. Any immunity 
provision in this chapter in conflict v,rith this subsection does not apply to a marijuana 
testing facility. 
l'... 
A marijuana testing facility is not subject to prosecution, search, seizure or 
penalty in any manner, including but not limited to a civil penalty or disciplinary 
action by a business or an occupational or professional licensing board or entity, and 
may not be denied any right or privilege solely for acting in accordance with this 
chapter. 
B. A principal officer, board member, agent or employee of a marijuana testing 
facility is not subject to arrest, prosecution, search, seizure or penalty in any manner, 
including but not limited to a cPt'il penalty or disciplinary action by a business or an 
occupational or professional licensing board or entity, and may not be denied any 
right or privilege solely for working for or with a marijuana testing facility to test 
marijuana provided by a qualifying patient. registered primary caregiver or 
dispensary. 
12. Interest. A principal officer, board member or employee caregiver or an officer 
or director of a registered dispensary or primary, registered caregiver or manufacturing 
facility may not have a financial or other interest in a marijuana testing facility providing 
services associated with product labeling for that dispensary or primaryi caregiver or 
manufacturing facility. 
13, M0rat0rium 0rdinanee. Notwithstanding any other provision of this chapter or 
any other provision of lav,r to the contrary, a municipality may adopt and enforce an 
ordinance that establishes a moratorium on the location within 500 feet of the property 
line of a preeJ(isting public or private school of ne-v,r facilities or ~(pansion of existing 
facilities 1tVhere registered primary caregivers cultP,rate marijuana plants. This subsection 
does not affect any permit that has been eranted to a reeistoccd orimarv careeP,rcr orior to 
the effective date of this subsection. 
This subsection is repealed July 1, 2018. 
Any ordinances adopted pursuant to this 
subsection arc not authorized and are void after Julv 1. 2018. 
Sec. 8. 22 l\fRSA §2423-B, as amended by PL 2015, c. 475, §15, is further 
amended to read: 
§2423-B. Authorized conduct by a medical provider 
A medical provider may provide a written certification in accordance with this 
5 
section for the medical use of marijuana under this chapter and, after having done so, may 
othe1wise state that in the medical provider's professional opinion a qualifying 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 diagnosis. 
1. Adult qualifying patient. Prior to providing written ce1tification for the medical 
use of marijuana under this section, a medical provider shall inform an adult qualifying 
patient or the patient's legal guardian or representative of the risks and benefits of the 
medical use of marijuana and that the patient may benefit from the medical use of 
marijuana. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
2. Miner 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 subsootion as ''tho treating modioal 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 medical use of 
marijuana. Exoept vlith regard to a minor qualifying patient 1.vho is eligible for hospice 
oaro, prior to providing a written certification under this sootion, tho treating modioal 
provider shall oonsult with a qualified physioian, referred to in this paragraph as "the 
consulting physician," from a list of physioians who may be willing to aot as consulting 
physicians maintained by tho department that is compiled by the department after 
consultation with statewide assooiations representing licensed medioal professionals. The 
consultation between the treating medical provider and the consulting physician may 
consist of examination of the patient or reviev,r of the patient's medioal 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 oonoerning 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 
department or tho oonsulting physioian does not respond to a request by the treating 
medical provider vlithin 10 days of receipt of the request, the treating medical provider 
may provide v1ritten cortifioation for treatment vlithout consultation vlith a physician. 
2-A. 
Minor qualifying patient. 
A medical provider who provides a written 
certification to a patient who has not attained 18 years of age: 
A. Shall inform the qualifying patient and the parent, legal guardian or person having 
legal custody 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; 
B. May provide a written certification to a qualifying patient if the patient is eligible 
for hospice services and has a medical diagnosis that, in the medical provider's 
professional opinion, may be alleviated by the therapeutic or palliative medical use of 
marijuana; 
C. May provide a written certification to a qualifying patient if the patient has a 
medical diagnosis of epilepsy, cancer, a developmental disability or an intellectual 
disability that, in the medical provider's professional opinion, may be alleviated by 
the therapeutic or palliative medical use of marijuana; and 
D. If a patient does not satisfy the requirements of paragraphs B and C, may provide 
a written certification to a qualifying patient after consulting with a physician from a 
list of physicians who may be willing to consult with a medical provider maintained 
by the department that is compiled by the department after consultation with 
statewide associations representing licensed medical professionals. The consultation 
between the medical provider and the consulting physician may consist of 
examination of the patient or review of the patient's medical file. The consulting 
physician shall provide an advisory opinion to the medical provider and the parent, 
legal guardian or person having legal custody of the 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 medical diagnosis. If the 
department or the consulting physician does not respond to a request by the medical 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
provider within 10 days of receint of the request, the medical provider may provide a 
written certification without consultation with a physician. 
The parent, legal guardian or person having legal custody of a qualifying patient who 
has not attained 18 years of age may submit a request to the department for 
reimbursement of the costs associated with obtaining a 2nd oninion required by this 
paragraph. Requests must be submitted on a form develoeed by the department. The 
denartment shall review the family's annual income and expenses in determining 
whether to reimburse. the family from the Medical Use of Marijuana Fund under 
section 2430 for the cost of the required 2nd consultation. 
The department shall adopt routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A to implement the reimbursement request under this paragraph. 
2-B. Adult and minor patients with substance use disorder. Prior to providing 
written certification for the medical use of marijuana under this section for a medical 
diagnosis of substance use disorder that, in the medical provider's professional opinion, 
may be alleviated by the therapeutic or palliative medical use of marijuana, the medical 
provider shall develop a recovery plan with the patient. For purposes of this subsection, 
"substance use disorder" means a diagnosis related to alcohol or drug abuse covered by 
Title 5, chapter 521. 
2-C. Bona fide provider-patient relationship. A written certification may be made 
only in the course of a bona fide medical provider-patient relationship after the medical 
provider has completed a full assessment of the patient's medical history. If a patient has 
not provided a medical provider who is not the patient's primary care provider with the 
name and contact information of the patient's primary care provider, a medical provider 
shall conduct an in-person consultation with the patient prior to providing a written 
certification. 
3. 
Expiration. A written certification form for the medical use of marijuana under 
this section 6*pin~s within ons ysar after iss-uan.-es is valid for the term provided by the 
qualifying patient's medical provider. 
4. 
Form; content. A written certification under this section must be in the form 
required by rule adopted by the department and may not require a qualifying patient's 
medical provider to state the patient's specific medical condition diagnosis. 
5. Possible sanctions. Nothing in this chapter prevents a professional licensing 
board from sanctioning a medical provider for failing to properly evaluate or treat a 
patient's medical eondition diagnosis or otherwise violating the applicable standard of 
care for evaluating or treating medical eonditions diagnoses. 
6. Certification issued based on medical diagnosis. A medical provider may not 
7 
condition the issuance of a written certification for the medical use of marijuana on any 
requirements other than that the patient's debilitating medical eondition diagnosis may be 
alleviated by the therapeutic or palliative medical use of marijuana. Nothing in this 
section may be construed to prevent a medical provider from exercising professional 
judgment in declining to issue a certification for the medical use•ofmarijuana. 
7. 
Patient referral disclosure of interest. 
Prior to providing a referral to a 
qualifying patient for goods and services associated with a certification for the medical 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"B" to H.P.1060, L.D. 1539 
use of marijuana to an entity in which the medical provider has a direct or indirect 
financial interest, a medical provider shall provide written disclosure to the qualifying 
patient regarding any direct or indirect financial interest the medical provider has or may 
have in the resulting referral and shall maintain a copy of this disclosure in the qualifying 
patient's record. 
8. Continuing medical education. A medical provider who has not previously 
provided a written certification to a qualifying patient for the medical use of marijuana 
shall, prior to providing a written certification to a qualifying patient, submit evidence, 
satisfactory to the department, of successful completion of a one-hour course of 
continuing medical education relating to medical marijuana within the preceding 24 
months. 
Sec. 9. 22 MRSA §2423-C, as amended by PL 2011, c. 407, Pt. B, §18, is further 
amended to read: 
§2423-C. Authorized conduct 
A person may provide a qualifying patient or a primary caregiver with marijuana 
paraphernalia for purposes of the qualifying patient's medical use of marijuana in 
accordance with this chapter and be in the presence or vicinity of the medical use of 
marijuana as allowed under this chapter. 
Sec. 10. 22 MRSA §2423-D, as amended by PL 2013, c. 516, §9, is further 
amended to read: 
§2423-D. Authorized conduct by a visiting qualifying patient 
A visiting qualifying patient vlho is visiting the State from another jurisdiction that 
authorizes the medical use of marijuana pursuant to a law recognized by the department 
who possesses a valid written certification as described in section 2423-B from the 
visiting qualifying patient's treating medical provider and a valid medical marijuana 
certification from that other jurisdiction and photographic identification or a driver's 
license from that jurisdiction may engage in conduct authorized for a qualifying patient 
under this chapter7, except that a visiting qualifying patient may not: 
1. Cultivate. Cultivate marijuana plants; 
2. Possess. Possess more than 2 1/2 ounces of harvested marijuana in a 15-day 
period; 
3. Transfer or furnish. Transfer or furnish harvested marijuana to another person; 
4. Obtain. Obtain harvested marijuana from a registered caregiver or dispensary 
unless the visiting qualifying patient has designated the registered caregiver or dispensary 
in order to have that caregiver or dispensary provide harvested marijuana to the visiting 
qualifying patient. A designation pursuant to this subsection must be in a standardized 
written document, developed by the department, and signed and dated by the visiting 
8 
qualifying patient. The designation is valid for the term provided by the visiting 
qualifying patient's medical provider pursuant to section 2423-B. The document must 
include the signed acknowledgment of the registered caregiver or dispensary that the 
caregiver or dispensary may be contacted to confirm the designation of the caregiver or 
dispensa1y to provide harvested marijuana to the visiting qualifying patient. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
Sec. 11. 22 MRSA §2423-E, as amended by PL 2017, c. 252, § 1, is repealed. 
Sec. 12. 22 MRSA §2423-F is enacted to read: 
§2423-F. Marijuana manufacturing facilities 
A person may not manufacture marijuana products or marijuana concentrate or 
engage in marijuana extraction except as provided in this chapter. 
1. 
Tier 1 manufacturing facility. 
A tier 1 manufacturing facility registered 
pursuant to subsection 8 may engage in the activities authorized under subsection 4 in 
accordance with rules adopted pursuant to subsection 10 and may possess up to 40 
p~unds of harvested marijuana. 
. 
2. 
Tier 2 manufacturing facility. 
A tier 2 manufacturing facility registered 
pursuant to subsection 8 may engage in the activities authorized under subsection 4 in 
accordance with rules adopted pursuant to subsection 10 and may possess up to 200 
pounds of harvested marijuana. 
3. Authorization for extraction using inherently hazardous substances. This 
subsection governs the authority of a person to engage in marijuana extraction using 
inherently hazardous substances in accordance with subsection 5. 
A. A qualifying patient, caregiver, registered dispensary or manufacturing facility 
may engage in marijuana extraction using inherently hazardous substances if the 
person can produce, upon demand of the department: 
(1) Certification from a professional engineer licensed in this State of the safety 
of the equipment used for marijuana extraction and the location of the equipment 
and the professional engineer's approval of the standard operating procedures for 
the marijuana extraction: 
(2) Documentation from a professional engineer licensed in this State or a state 
or local official authorized to certify compliance that the equipment used for 
marijuana extraction and the location of the equipment comply with state law and 
all applicable local and state building codes, electrical codes and fire codes, 
including the chapters of the most recent National Fire Protection· Association 
Fire Code relating to marijuana extraction facilities: 
(3) Documentation from the manufacturer of the marijuana extraction system or 
a professional engineer licensed in this State showing that a professional grade, 
closed-loop extraction system that is capable of recovering the solvents used to 
produce marijuana concentrate is used by the person: and 
(4) 
Evidence that the person has provided notice to the department of the 
person's intent to engage in marijuana extraction using inherently hazardous 
substances and the location where the marijuana extraction will occur prior to 
engaging in marijuana extraction using inherently hazardous substances. 
A person who intends to engage in marijuana extraction using inherently hazardous 
substances shall notify the department of that intention prior to engaging in marijuana 
extraction using . inherently hazardous substances. The department may deny an 
application of a person authorized under this paragraph to register pursuant to rules 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
adopted under subsection 10 if the person did not notify the department in accordance 
with this paragraph. 
B. A person who is not a qualifying patient, caregiver or dispensary and that meets 
the requirements of a person authorized under paragraph A, pays the fee required by 
section 2425-A, subsection 10 and meets the requirements of rules adopted under 
subsection 10 is authorized to engage in marijuana extraction using inherently 
hazardous substances and may possess up to 40 pounds of harvested marijuana in 
accordance with subsection 5. 
4. Authorized conduct; manufacturing facilities. 
A registered manufacturing 
facility: 
A. May manufacture marijuana products and marijuana concentrate for medical use 
using any method that does not involve an inherently hazardous substance, except 
that a registered manufacturing facility may manufacture marijuana concentrate using 
inherently hazardous substances if authorized under subsection 3: 
B. 
May obtain harvested marijuana from a qualifying patient, a caregiver or a 
registered dispensary and may transfer marijuana products and marijuana concentrate 
to the person that provided the harvested marijuana used to manufacture the 
marijuana product or marijuana concentrate; 
C. May transfer samples to a marijuana testing facility for testing; 
D. 
May conduct testing of marijuana products or marijuana concentrate 
manufactured by the facility for research and development purposes; 
E. May receive reasonable compensation for manufacturing marijuana products or 
marijuana concentrate; 
F. 
Shall dispose of harvested marijuana used in the manufacturing process in a 
manner that prevents its diversion to persons not authorized to possess harvested 
marijuana possessed by the facility and in accordance with rules adopted by the 
department: and 
G. 
May hire any number of assistants to assist in performing the duties of the 
manufacturing facility. 
5. Authorized conduct; extraction using inherently hazardous substances. A 
person that is authorized to engage in marijuana extraction using inherently hazardous 
substances pursuant to subsection 3: 
A. May engage in marijuana extraction to produce marijuana concentrate for medical 
use; 
B. 
May obtain harvested marijuana from a qualifying patient, a caregiver or a 
dispensary and may transfer marijuana concentrate to the person that provided the 
harvested marijuana used to produce the marijuana concentrate; 
C. May transfer samples to a marijuana testing facility for testing; 
D. 
May conduct testing of marijuana concentrate produced by the person for 
research and development purposes: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
E. May receive reasonable compensation for producing marijuana concentrate; 
F. Shall dispose of harvested marijuana used in the extraction process in a manner 
that prevents its diversion to persons not authorized to possess harvested marijuana 
possessed by the person and in accordance with rules adopted by the department: and 
G. May hire any number of assistants to assist in performing the activities authorized 
under this subsection, except that a qualifying patient authorized under subsection 3 
may not hire an assistant. 
Notwithstanding the authorizations established in this subsection, a person that is 
authorized to engage in marijuana extraction using inherently hazardous substances 
pursuant to subsection 3 shall comply with any rules adopted pursuant to subsection 10. 
6. Retail sale prohibited. A registered manufacturing facility or a person authorized 
to engage in marijuana extraction using inherently hazardous substances under subsection 
may not engage in retail sales of marijuana products or marijuana concentrate unless the 
person is authorized to engage in retail sales under this chapter. 
7. 
Food establishment license required to manufacture food products. 
A 
registered manufacturing facility or a person authorized to produce marijuana concentrate 
using inherently hazardous substances may not manufacture edible marijuana products or 
marijuana tinctures unless licensed pursuant to section 2167. 
8. Registration requirements. This subsection governs registration requirements of 
a manufacturing facility or a person authorized to engage in marijuana extraction using 
inherently hazardous substances under subsection 3 and the officer or director or assistant 
of the facility or person. 
A. 
In accordance with rules adopted under subsection 10, the department shall 
register and issue a registration certificate with a registry identification number to a 
manufacturing facility or a person authorized to engage in marijuana extraction 
within 30 days to the facility or person if the facility or person provides: 
(1) The annual fee required pursuant to section 2425-A, subsection 10: 
(2) The legal name of the facility or person and, if incorporated, evidence of 
incorporation and evidence that the corporation is in good standing with the 
Secretary of State: 
(3) The physical address of the facility or person or the physical address where 
an applicant who is an individual will engage in the activities authorized under 
this section. If the facility or person changes its physical location, or if a person 
registered under this subsection changes the location at which the person engages 
in activities authorized under this section, the facility or person shall notify the 
department of the new location: and 
7 
( 4) The name, address and date of birth of each officer or director of the facility 
8 
or person. 
B. In accordance with rules adopted under subsection 10, the department shall issue 
registry identification cards to the officer or director or assistant of a registered 
manufacturing facility or person authorized to engage in marijuana extraction using 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
inherently hazardous substances within 5 business days of approving an application 
or renewal under this subsection. A registry identification card is required to be 
issued to an officer or director or assistant of a registered manufacturing facility or 
person· authorized to engage in marijuana extraction using inherently hazardous 
substances. A registry identification card expires one year after the date of issuance. 
A registry identification card issued under this paragraph must contain: 
(1) The name of the cardholder; 
(2) The date of issuance and expiration date of the registry identification card; 
and 
(3) A random identification number that is unique to the cardholder. 
The department may not issue a registry identification card to an officer or director or 
assistant of a registered manufacturing facility or person authorized to engage in 
marijuana extraction using inherently hazardous substances who has been convicted 
of a disqualifying drug offense. The department shall conduct a criminal history 
record check of each person, officer or director or assistant subject to this subsection 
on an annual basis. 
If the department dete1mines not to issue a registry identification card for a person, 
officer or director or assistant, the department shall notify the registered 
manufacturing facility or person authorized to engage in marijuana extraction using 
inherently hazardous substances in writing of the reason for denying the registry 
identification card. 
9. Packaging and labeling requirements. A manufacturing facility shall package 
and label its marijuana products and marijuana concentrate prior to transfer from the 
manufacturing facility in a f01m intended for use or consumption by a qualifying patient 
in tamper-evident packaging and with a label that includes the following information: 
A. The registry identification number of the manufacturing facility; 
B. Inf01mation that allows the provider of the marijuana to the manufacturing facility 
to confam that the marijuana provided was used to manufacture the marijuana 
product or marijuana concentrate transfened back to that provider; 
C. Ingredients other than material derived from marijuana plants contained in the 
marijuana product or marijuana concentrate; and 
D. Any chemicals, solvents or other substances used to manufacture the marijuana 
product or marijuana concentrate. 
10. Rulemaking. The department shall adopt routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A governing manufacturing facilities, including but not 
limited to: 
7 
A. Requirements for the registration of a manufacturing facility and an officer or 
director or assistant of a registered manufacturing facility; 
B. Requirements for engaging in marijuana extraction using inherently hazardous 
substances; 
COMMITTEE AMENDMENT 
C01vfMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
C. Manufacturing facility officer or director qualification requirements; 
D. Required security for manufacturing facilities; 
E. 
Requirements of a disposal plan for harvested marijuana used in the 
manufacturing process; and 
F. Minimum record-keeping requirements, including an annual audit requirement. 
The failure of the department to adopt rules under this subsection does not prevent a 
person authorized pursuant to subsection 3, paragraph A from engaging in conduct 
authorized under this section. 
11. Multiple authorizations. A facility or person registered pursuant to subsection 
O 
may also be a qualifying patient, a caregiver or a registered dispensary. A facility or 
person authorized to possess marijuana under this chapter may possess the amount 
allowed for that facility or person in addition to the possession amount allowed under this 
section if the facility or person is registered pursuant to this section. The marijuana 
possessed must be distinguishable with respect to the purposes for which it is authorized 
to be possessed. 
12. Record keeping. A registered manufacturing facility or person authorized to 
engage in marijuana extraction using inherently hazardous substances under subsection 3 
shall maintain records of all transactions in accordance with section 2430-G. 
13. Colocation of facilities. A manufacturing facility that is also licensed as a retail 
marijuana products manufacturing facility under Title 7, chapter 417 may manufacture 
marijuana products and marijuana concentrate within the same facility in which the 
licensee 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 7, chapter 
417: 
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 7, chapter 417; 
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. 
Sec. 13. 22 MRSA §2424, as amended by PL 2013, c. 394, §1, is further amended 
to read: 
§2424. Rules 
1. Rulemaking. The department may adopt rules to cany 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. 
l. b,dding debilitating medieal e0nditi0ns. The department in aeeordanee ',vith 
seotion 2422. subseotion 2. nara!!fanh D shall adont rules reeardine the eonsideration of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
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, 
th6 d6Partm6nt shall provid6 an opportunity for public h6aring of, and an opportunity to 
comment on those petitions. After the hearing, the commissioner shall approve or deny a 
p6tition v!ithin 180 days of its submission. Th6 approval or d6nial of such a p6tition 
constitutes fmal agency action, subjeot to judicial review. Jurisdiotion and venue for 
judicial reviea.v are vested in the Superior Gomt. 
3. Registration. The depa1tment shall adopt rules governing the manner in which it 
considers applications for and renewals of registry identification cards or registration 
certificates for registered patients, registered primary caregivers, principal officers, board 
members and employees of dispensaries and staff of hospioe providers and nursing 
facilities designated as primary oaregivers a person required to obtain a registry 
identification card or registration certificate under this chapter. The department's rules 
must require the submission of an application, must require replacement of a registry 
identification card or registration certificate that has been lost, destroyed or stolen or that 
contains information that is no longer accurate and must establish application and renewal 
fees that generate revenues sufficient to offset all expenses of implementing and 
administering this chapter and that are consistent with the provisions of section ~ 
2425-A, subsection~ 10. The department may establish a sliding scale of application 
and renewal fees based upon a registered patient's family income and status as a veteran 
of the Aimed Forces of the United States. The department may accept donations from 
private sources in order to reduce the application and renewal fees. 
4. Enforcement and compliance. The department shall adopt routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A regarding enforcement and 
compliance of authorized conduct under this chapter, including rules governing: 
A. Minimum oversight requirements for dispensaries and registered caregivers and 
the one permitted additional location at which a dispensaty cultivates marijuana 
plants for medical use by qualifying patients; and 
B. Minimum security requirements for registered caregivers operating retail stores 
pursuant to section 242-A, subsection 2, paragraph P and registered dispensaries and 
any additional location at which a dispensary cultivates marijuana plants for medical 
use by qualifying patients. 
Sec. 14. 22 MRSA §2425, as corrected by RR 2017, c. 1, §13, is repealed. 
Sec. 15. 22 MRSA §2425-A is enacted to read: 
§2425-A. Registry identification cards and registration certificates 
This section governs registty identification cards and registration certificates, except 
7 
that registration of manufacturing facilities and persons authorized to engage in marijuana 
extraction is governed by section 2423-F and registration of marijuana testing facilities is 
governed by section 2423-A, subsection 10. 
1. 
Voluntary registration. 
Registration under this section is voluntary for a 
qualifying patient, for a visiting qualifying patient and for a caregiver who is operating 
under section 2423-A, subsection 3, paragraph C. If a qualifying patient or visiting 
qualifying patient or a caregiver who is operating under section 2423-A, subsection 3, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
paragraph C does not register with the department, the patient's or caregiver's ability to 
engage in authorized conduct in accordance with this chapter is not affected. 
2. 
Required registration. A caregiver, other than a caregiver operating under 
section 2423-A, subsection 3, paragraph C. and an officer or director or assistant of a 
dispensary or a caregiver. other than a caregiver operating under section 2423-A, 
subsection 3, paragraph C. shall obtain a registry identification card in accordance with 
subsections 3. 4 and 5. A long-term care facility designated by a qualifying patient 
pursuant to section 2423-A, subsection 1, paragraph F-1, subparagraph (2) and a 
dispensary shall obtain a registration certificate in accordance with subsections 6, 7 and 8. 
3. Application for registry identification card; qualifications. The department 
shall register and issue a registry identification card to an applicant who submits a 
complete application that meets the requirements of this subsection. 
The department shall conduct a criminal history record check for any applicant for a 
registry identification card. The department may not issue a registry identification card to 
an applicant who is not permitted under this chapter to have a disqualifying drug offense. 
An application must include. as applicable: 
A. The annual fee required pursuant to subsection 1 O: and 
B. 
A statement that the requirements of section 2423-B have been met if the 
qualifying patient applying for the registry identification card has not attained 18 
years of age and the qualifying patient's parent. guardian or person having legal 
custody of the patient consents in writing to: 
(1) The qualifying patient's medical use of marijuana: 
(2) Serving as one of the qualifying patient's caregivers: and 
(3) Controlling the acquisition of the marijuana plants or harvested marijuana and 
the dosage and the frequency of the medical use of marijuana by the qualifying 
patient. 
4. Issuance or denial of registry identification cards. The department shall verify 
the information contained in an application . for a registry identification card or for 
renewal of a card submitted pursuant to subsection 3 and shall approve or deny an 
application for a card or for renewal of a card in accordance with this subsection within 
days of receiving it. 
A. Within 5 business days of approving a completed application, the department 
shall issue a registry identification card to the applicant. 
B. The department may deny an application for a card or for renewal of a card only 
if: 
(1) The applicant did not provide the information required pursuant to subsection 
3• = 
(2) The department determines that the applicant does not qualify: or 
(3) The department determines that the inf01mation provided by the applicant 
was falsified. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"B"toH.P.1060,L.D.1539 
C. The department shall notify the applicant and, if the applicant is an officer or 
director or assistant of a registered dispensary, the registered dispensary, in writing of 
the reason for denying the registry identification card. 
An applicant whose application is denied pursuant to this subsection may request an 
administrative hearing in accordance with Title 5, chapter 375, subchapter 4. 
If the department fails to issue or deny a valid registry identification card in response to a 
valid application for a card or for renewal of a card submitted pursuant to subsection 3 
within 45 days of its submission, the registry identification card is deemed granted and a 
copy of the application for a registry identification card or for renewal of the card is 
deemed a valid registry identification card. 
5. Requirements for issuance of registry identification cards. The following 
provisions apply to the issuance of registry identification cards. 
A. A registry identification card expires one year after the date of issuance. The card 
must contain: 
(1) The name of the cardholder; 
(2) The date of issuance and expiration date; 
(3) A random identification number that is unique to the cardholder; and 
( 4) A clear designation showing whether the cardholder is allowed under this 
chapter to cultivate marijuana plants. 
B. If a caregiver is organized as a legal business entity pursuant to section 2423-A, 
subsection 2, paragraph Q, the caregiver may obtain a registry identification card in 
the name of the business entity if the caregiver submits evidence of the business 
entity's registration with the Secretary of State and evidence that the business entity is 
in good standing with the Secretary of State. 
C. 
Registry identification cards issued to an officer or director or assistant of a 
registered dispensary must also contain: 
(1) The legal name of the registered dispensaiy with which the officer or director 
or assistant is affiliated; 
(2) The address and date of birth of the officer or director or assistant; and 
(3) 
A photograph of the officer or director or assistant, if required by the 
department. 
D. The registry identification card of an officer or director or assistant of a registered 
dispensary expires 10 days after notification is given to the department by the 
registered dispensary that the person has ceased to work at the dispensary. 
6. Application for registration certificate; qualifications. The department shall 
register and issue a registration certificate to an applicant who submits a complete 
application that meets the requirements of this subsection. An application must include, 
as applicable: 
A. The annual fee required pursuant to subsection 1 O; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
B. Evidence of the applicant's registration with the Secretary of State and evidence 
that the applicant is in good standing with the Secretary of State; and 
C. The name, address and date of birth of each officer or director of the applicant. 
7. Issuance or denial of registration certificate. The department shall verify the 
information contained in an application for a registration certificate or for renewal of a 
certificate submitted pursuant to subsection 6 and shall approve or deny an application for 
a certificate or for renewal of a certificate in accordance with this subsection within 30 
days of receiving it. 
A. Within 10 days of approving a completed application, the department shall issue a 
registration certificate to the applicant. 
B. The department may deny an application for a certificate or for renewal of a 
certificate only if: 
(1) The applicant did not provide the information required pursuant to subsection 
6· = 
(2) The department determines that the applicant does not qualify; or 
(3) The department determines that the information provided by the applicant 
was falsified. 
C. The department shall notify the applicant in writing of the reason for denying the 
registration certificate. 
An applicant whose application is denied pursuant to this subsection may request an 
administrative hearing in accordance with Title 5, chapter 375, subchapter 4. 
If the department fails to issue or deny a registration certificate in response to a valid 
application for a certificate or for renewal of a certificate submitted pursuant to 
subsection 6 within 45 days of its submission, the registration certificate is deemed 
granted and a copy of the application for a registration certificate or for renewal of the 
certificate is deemed a valid registration certificate. 
8. Requirements for issuance of registration certificates. A registration certificate 
expires one year after the date of issuance. The certificate must contain: 
A. The name of the certificate holder; 
B. The date of issuance and expiration date of the registration certificate; 
C. A random identification number that is unique to the certificate holder; 
D. The physical address of the certificate holder and, if the certificate holder is a 
dispensary, the physical address of one additional location, if any, where marijuana 
will be cultivated; and 
E. A clear designation showing whether the certificate holder is allowed under this 
chapter to cultivate marijuana plants. 
9. 
Drug testing. The department may not require an assistant of a caregiver, 
dispensary, manufacturing facility or marijuana testing facility who is an applicant for a 
registry identification card to submit to a drug test as a condition of receiving a registry 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
identification card. This subsection does not prevent a caregiver, dispensary, 
manufacturing facility or marijuana testing facility from requiring. drug testing · of its 
assistants as a condition of employment. 
10. Fees. The department shall adopt rules to establish fees in accordance with this 
subsection. The fees must be credited to the Medical Use of Marijuana Fund pursuant to 
section 2430. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
A. There is no annual registration fee for a qualifying patient or visiting qualifying 
patient or a caregiver who is not required to register pursuant to section 2423-A, 
subsection 3. paragraph C. There is no annual registration fee for a caregiver who 
does not cultivate marijuana plants for a qualifying patient. 
B. There is an annual registration fee for a caregiver who cultivates marijuana plants 
on behalf of a qualifying patient pursuant to section 2423-A, subsection 2. paragraph 
B. The fee may not be less than $50 or more than $240 for each group of up to 6 
mature marijuana plants cultivated by the caregiver. The caregiver shall notify the 
department of the number of marijuana plants the caregiver cultivates. 
C. There is an annual registration fee for a dispensaty, which may not be less than 
$5,000 or more than $12,000. There is a fee to change the location of a registered 
dispensary or the location at which a registered dispensary cultivates marijuana 
plants, which may not be less than $3,000 or more than $4,000. 
D. There is an annual registration fee for a tier 1 manufacturing facility, which may 
not be less than $50 or more than $150. 
E. There is an annual registration fee for a tier 2 manufacturing facility, which may 
not be less than $150 or more than $250. 
F. There is an annual registration fee to engage in marijuana extraction under section 
2423-F, subsection 3, which may not be less than $250 or more than $350. 
G. There is an annual registration fee for a marijuana testing facility. which may not 
be less than $250 or more than $1,000, except that there is no fee if the testing facility 
is licensed in accordance with Title 7. chapter 417. 
H. There is an annual registration fee for an officer or director or assistant of a 
registered caregiver or registered dispensary, which may not be less than $20 or more 
than $50. 
I. There is a fee to replace a registty identification card that has been lost, stolen or 
destroyed or a card that contains information that is no longer accurate, which may 
not be less than $10 or more than $20. Replacement of a registry identification card 
does not extend the expiration date. 
7 
J. There is an annual fee for a criminal history record check for a caregiver or an 
officer or director or assistant of a registered dispensary, marijuana testing facility or 
manufacturing facility, which may not be less than $31 or more than $60. The fee 
must be paid by the caregiver or by the registered dispensary, marijuana testing 
facility or manufacturing facility for an officer or director or assistant of the 
registered dispensary. marijuana testing facility or manufacturing facility. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
11. Notification of change in status or loss of registry identification card or 
registration certificate. This subsection governs notification of a change in status or the 
loss of a registry identification card or registration certificate. 
A. If a cardholder loses the cardholder's registry identification card, the cardholder 
shall notify the department within 10 days of losing the card and submit the fee 
required by subsection 10, paragraph I. Within 5 days after such notification, the 
department shall issue a replacement registry identification card. 
B. If the information appearing on the cardholder's registry identification card is 
inaccurate or changes, the cardholder shall notify the department of the inaccuracy or 
change and submit the fee required by subsection 10, paragraph I. Within 5 days after 
such notification, the department shall issue a replacement registry identification 
card. A cardholder who fails to notify the department as required under this 
paragraph commits a civil violation for which a fine of not more than $150 may be 
adjudged. 
C. 
A registered dispensary shall notify the department in writing of the name, 
address and date of birth of an officer or director or assistant who ceases to work at 
the dispensary or marijuana testing facility and of any new officer or director or 
assistant before the officer or director or assistant begins working at the dispensary or 
marijuana testing facility. 
D. A registered dispensary shall notify the department in writing if the dispensary 
changes the physical location of the dispensary or the location at which the 
dispensary cultivates marijuana plants. 
12. Confidentiality. This subsection governs confidentiality. 
A. Applications and supporting info1mation submitted by qualifying patients and 
registered patients under this chapter, including information regarding their 
caregivers and medical providers, are confidential. 
B. Applications and supp01ting information submitted by caregivers and medical 
providers operating in compliance with this chapter are confidential. 
C. The department shall maintain a confidential list of the persons to whom the 
department has issued registry identification cards. Individual names and other 
identifying information on the list are confidential, exempt from the freedom of 
access laws, Title 1, chapter 13, and not subject to disclosure except as provided in 
this subsection and to authorized employees of the department as necessary to 
perform official duties of the department. 
D. The department shall verify to law enforcement personnel whether a registty 
identification card is valid and whether the conduct is authorized without disclosing 
7 
more information than is reasonably necessary to verify the authenticity of the 
8 
registry identification card. 
E. Upon request of a code enforcement officer or, if a municipality does not employ 
a code enforcement officer, another municipal officer, the department shall verify 
whether a registry identification card is valid and whether the conduct is authorized 
without disclosing more information than is reasonably necessary to verify the 
authenticity of the registry identification card. The department may disclose the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
location at which the conduct is authorized if necessary to verify the registry 
identification card to the code enforcement officer or other municipal officer. The 
department shall provide this information within 2 business days of the request. The 
code enforcement officer or other municipal officer shall keep the information 
received under this paragraph confidential except as necessaty to verify whether the 
registry identification card is valid and whether the conduct is authorized. 
F. Applications. suppo1ting information and other inf 01mation regarding a registered 
dispensary are not confidential, except that information that is contained within 
dispensary information that identifies a qualifying patient. a registered patient, a 
registered patient's medical provider or a caregiver of a qualifying patient or 
registered patient is confidential. 
G. 
Records maintained by the department pursuant to this chapter that identify 
applicants for a registry identification card, registered patients, registered caregivers 
and registered patients' medical providers are confidential and may not be disclosed, 
except as provided in this subsection and as follows: 
(1) To department employees who are responsible for carrying out this chapter; 
(2) Pursuant to court order or subpoena issued by a court; 
(3) With written permission of the registered patient or the patient's guardian, if 
the patient is under guardianship. or a parent. if the patient has not attained 18 
years of age; 
( 4) 
As permitted or required for the disclosure of health care inf01mation 
pursuant to section 1711-C; 
(5) To a law enforcement official for verification purposes. The records may not 
be disclosed further than necessary to achieve the limited goals of a specific 
investigation; and 
(6) To a registered patient's treating medical provider and to a registered patient's 
registered caregiver for the purpose of canying out this chapter. 
H. 
This subsection does not prohibit a medical provider from notifying the 
department if the medical provider acquires information indicating that a registered 
patient or qualifying patient is no longer eligible to use marijuana for medical 
purposes or that a registered patient or qualifying patient falsified information that 
was the basis of the medical provider's certification of eligibility for use. 
I. The depattment may disclose to an agency of State Government designated by the 
commissioner and employees of that agency any info1mation necessary to produce 
registry identification cards or manage the identification card program and may 
disclose data for statistical or research purposes in such a manner that individuals 
cannot be identified. 
J. A hearing conceming the suspension or revocation of a registry identification card 
under section 2430-E is confidential. 
K. Except as otherwise provided in this subsection, a person who knowingly violates 
the confidentiality of information protected under this chapter commits a civil 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
violatio:µ for which a fine of up to $1,0,00 may be imposed. This paragl;'.aQh does not 
apply to a medical provider or staff of a long-term care facility gr any other person 
directly associated with a medical provider or long-term care facility that provides 
services to a registered patient. 
L. Notwithstanding any provision of this subsection to the contrary, the department 
shall comply with Title 36, section 175. Information provided by the department 
pursuant to this paragraph may be used by the Department of Administrative and 
Financial Services, Bureau of Revenue Services only for the administration and 
enforcement of taxes imposed under Title 36. 
13. Reporting requirements. This subsection governs the reporting of patient 
access information by registered caregivers and dispensaries and the department's annual 
report to the Legislature. 
A. A registered caregiver or a dispensary shall submit annually a report of the 
number of qualifying patients and visiting qualifying patients assisted by the 
caregiver or dispensary. A report may not directly or indirectly disclose patient 
identity. The department shall adopt rules to implement this paragraph. 
Rules 
adopted pursuant to this paragraph are routine technical rules as defined in Title 5, 
chapter 3 7 5, subchapter 2-A. 
B. The department shall submit to the joint standing committee of the Legislature 
having jurisdiction over health and human services matters an annual report by April 
1st each year that does not disclose any identifying information about cardholders or 
medical providers, but that does contain, at a minimum: 
(1) The number of applications and renewals filed for registry identification 
cards and registration certificates; 
(2) The number of qualifying patients and registered caregivers approved in each 
county: 
(3) The number ofregistry identification cards suspended or revoked: 
(4) 
The number of medical providers providing written certifications for 
qualifying patients; 
(5) 
The number of registered dispensaries, manufacturing facilities and 
marijuana testing facilities approved in each county: 
(6) The number of officers or directors or assistants of registered caregivers, 
registered dispensaries, manufacturing facilities and marijuana testing facilities; 
and 
(7) The revenue and expenses of the Medical Use of Marijuana Fund established 
in section 2430. 
Sec. 16. 22 MRSA §2426, sub-§1, ,i:E, as amended by PL 2011, c. 407, Pt. B, 
§30, is further amended to read: 
COMMITTEE AMENDMENT 
CO:MMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
E. 
Use or possess marijuana if that person is not a qualifying patient, primary 
caregiver, registered dispensary or other person authorized to use or possess 
marijuana under this chapter. 
Sec. 17. 22 MRSA §2426, sub-§1-A, as enacted by PL 2015, c. 369, §3, is 
amended to read: 
1-A. School exceptions. Notwithstanding subsection 1, paragraph B, a primary 
caregiver designated pursuant to section 2423-A, subsection 1, paragraph :g F-1, 
subparagraph ( 4) may, for the benefit of a qualifying patient, possess and administer 
harvested marijuana in a nonsmokeable form in a school bus and on the grounds of the 
preschool or primary or secondary school in which a miner qualifying patient is enrolled 
only if: 
A. 
A medical provider has provided the miner qualifying patient with a current 
written certification for the medical use of marijuana under this chapter; -and 
B. Possession of harvested marijuana in a nonsmokeable form is for the purpose of 
administering marijuana in a nonsmokeable form to the miner qualifying patient.; and 
C. The parent, legal guardian or person having legal custody of a qualifying patient 
enrolled in the preschool or primary or secondary school has notified the school that a 
caregiver h~s been designated . on behalf of the qualifying patient to possess and 
administer harvested marijuana to the qualifying patient. 
Harvested marijuana possessed or administered in accordance with this subsection may 
not be in a form that permits the qualifying patient to engage in smoldng. For the 
purposes of this subsection, "smoldng" has the same meaning as in section 1541, 
subsection 6, except that "smoking" does not include the use of a nebulizer. 
Sec. 18. 22 MRSA §2426, sub-§3-A, as enacted by PL 2011, c. 407, Pt. B, §31, 
is repealed. 
Sec. 19. 22 MRSA §2428, as amended by PL 2015, c. 475, §§22 to 24, is ftuiher 
amended to read: 
§2428. Registered dispensaries 
1-A. Provisions pertaining to registered dispensary. For the purpose of assisting a 
qualifying patient 1,vho has designated a registered dispensary to eultivate marijuana for 
the patient's medieal use, a registered dispensary may in accordance with rules adopted by 
the department: 
A. 
Possess and dispense Dispense up to 2 1/2 ounces of prepared harvested 
marijuana and-possess an ineidental amount of marijuana for oaeh to the qualifying 
patient who has designated the dispensary. For the purposes of this ehapter, any 
ineidental amount of marijuana is lavlful for a registered dispensary to possess and is 
not ineluded in the amounts of prepared marijuana speeifiod in this paragraph in one 
transaction, except that a dispensary may not dispense more than 2 1/2 ounces of 
harvested marijuana to a visiting qualifying patient during a 15-day period; 
B. Cultivate up to 6 mature marijuana plants and possess all harvested marijuana 
from those marijuana plants for eaeh natient who has desirnated the disnensarv to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
oultivate the plants on the patient's behalf subjeot to the limit of 6 mature plants total 
for a natient 1.vho also cultivates mariiuana; 
C. Receive reasonable monetary compensation for costs associated with assisting or 
for cultivating marijuana plants for a the qualifying patient who desienated the 
disoensarv; 
D. 
Assist any the qualifying patient who designated the dispensary to cultivate 
mariiuana with the medical use or administration of marijuana; and 
E. 
Obtain prepared harvested marijuana from a primary caregiver under section 
2423-A, subsection 2, paragraph H or from another registered dispensary for the 
purposes of addressing an extended inventory supply interruption under subsection 6, 
narn1rranh CT. ~ 
F. Except as provided in section 2426: 
(1) Transfer marijuana plants and harvested marijuana to a qualifying patient and 
to a caregiver on behalf of a qualifying patient in a retail sale for reasonable 
compensation: 
(2) Transfer marijuana plants and harvested marijuana to a qualifying patient, 
caregiver or dispensary for no remuneration; 
(3) Acquire marijuana plants and harvested marijuana from another dispensary 
for no remuneration; 
( 4) Transfer to and accept from a registered caregiver or another dispensary 
marijuana plants and harvested marijuana in a wholesale transaction in 
accordance with this paragraph. A dispensary may transfer in wholesale 
transactions for reasonable compensation or for no remuneration up to 30% of the 
mature marijuana plants grown by the dispensary over the course of a calendar 
year, including any marijuana products or marijuana concentrate manufactured 
from that 30% of the mature marijuana plants grown by the dispensary. 
A 
dispensary may transfer to or accept from registered caregivers and dispensaries 
in wholesale transactions an unlimited amount of immature marijuana plants and 
seedlings. 
A dispensary that acquires mature marijuana plants, marijuana 
products or marijuana concentrate in a wholesale transaction under this 
subparagraph may not resell the mature marijuana plants, marijuana products or 
marijuana concentrate except to a qualifying patient or to a caregiver or 
dispensary to assist a qualifying patient: 
(5) 
Transfer harvested marijuana to a manufacturing facility and accept 
marijuana products and marijuana concentrate from the manufacturing facility 
that are produced from the harvested marijuana the dispensary provided to the 
manufacturing facility; and 
(6) Provide samples to a marijuana testing facility for testing and research 
purposes; 
G. 
Conduct marijuana testing at the request of anyone authorized to possess 
marijuana under this chapter for research and development purposes only; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
H. Manufacture marijuana products for medical use, except that a dispensary may 
not prepare food, as defined in section 2152, subsection 4, unless licensed pursuant to 
section 2167; 
I. Manufacture marijuana concentrate for medical use, except that a dispensary may 
not produce marijuana concentrate using inherently hazardous substances unless 
authorized pursuant to section 2423-F, subsection 3; 
J. 
Provide harvested marijuana to a manufacturing facility and obtain marijuana 
products and marijuana concentrate from the manufacturing facility that is produced 
from the harvested marijuana the registered dispensary provided to the manufacturing 
facility; 
K. Hire any number of assistants to assist in performing the duties of the dispensary; 
and 
L. Transport marijuana plants and harvested marijuana as necessary to carry out the 
activities authorized under this section. 
2. Registration requirements. Subjeot to limitations on the number and looation of 
dispensaries in subseotion 11 and rules adopted pursuant to this seotion. this subseotion 
governs the registration of a dispensary. 
A. The department shall register a dispensary and issue a registration oertifioate or 
renev;r a registration oertifioate within 30 days to any person or entity that provides: 
(1) An annual fee paid to the department as set by rule pursuant to seotion 2425. 
subseotion 12, paragraph C; 
(2) The legal name of the dispensary, evidenoe of inoorporation under Title 13 B 
and evidenoe that the oorporation is in good standing v,rith the Seoreta1y of State: 
(3) 
The physioal address of the dispensary and the physioal address of a 
maximum of one additional location, if any, v!here marijuana 1.vill be oultivated 
for patients who have designated the dispensary to oultivate for them. If a 
registered dispensa1y ohanges the physioal looation of the dispensary or tho 
looation at whioh it oultivates marijuana, the dispensary shall notify the 
depa1tment on a looation change fo1m provided by the department, pay a change 
fue as established in seotion 2425, subseotion 12. uaraeraoh C and obtain a nevi 
registration oertifioate from the depaitment; 
(4) The name, address and date of birth of eaoh prinoipal offioer and board 
member of tho dispensary; and 
(5) The name. address and date of birth of any person who is employed by the 
dispensary. 
B. The department shall traok the number of registered patients who designate a 
dispensary to oultivate marijuana for them and issue to each dispensary a Vlfitten 
statement of the number of patients who have designated the dispensary to oultivate 
9 
mai·ijuana for them. This statement must be updated eaoh time a now registered 
patient designates the dispensary or ceases to designate the dispensary. 
The 
statsment mav be transmitted oleotronioallv if the deoartment's rules so orovido. The 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060,L.D. 1539 
department may provide by rule that the updated 1.vritten statements may not be 
issued more frequently than once each 1.veek. 
C. The department shall issu,e each prineipal offieer, board member and employee of 
a dispensary a registry identification card 1.vithin 10 days of receipt of the person's 
name, address and date of birth under paragraph A and a fee in an amount established 
by the department. Each card must specify that the cardholder is a principal officer. 
beard member or employee of a dispensary and must contain· 
(1) The name, address and date of birth of the principal officer. board member or 
employee; 
(2) The legal name of the dispensary with which the principal officer. board 
member or employee is affiliated; 
(3) A random identification number that is unique to the cardholder; 
(4) The date of issuance and ffi,piration date of the registry identification card: 
and 
(5) A photograph if required by the department. 
D. 
The department may not issue a registry identification card to any principal 
officer, board member or employee of a dispensary who has been convicted of a 
disqualifying drug offense. The department shall conduct a criminal history record 
check of each principal officer, board member or employee on an annual basis in 
order to carry out this provision. If the department determines not to issae a registry 
identification ca1·d for a principal officer, board member or employee, the department 
shall notify the . dispensary in v1riting of the reason for denying the registry 
identification card. 
3. Rules. The department shall adopt routine technical rules as defined in Title 5, 
chapter 375, subchapter 2 f .. governing the manner in v1hich it considers applications for 
and ren01.vals of registration certificates for dispensaries, including rules go:verning: 
A. The form and content of registration and renewal applications; 
B. 
Minimum oversight requirements for dispensaries and the one permitted 
additional location at which the dispensary cultivates marijuana for medical use by 
qualifying patients who have designated the dispensary to cultivate for them· 
C. Minimum record keeping requirements for dispensaries, including recm·ding the 
disposal of marijuana that is not distributed by the dispensary to qualifying patients 
1.vho have designated the dispensary to cultivate for them; 
D. Minimum security n~quirements for dispensaries and any additional location at 
which the dispensary cultivates marijuana for medical use by qualifying patients who 
have designated the dispensary to cultivate for them; and 
E. Procedures for suspending or terminating the registration of dispensaries that 
violate the provisions of this section or the rules adopted pursuant to this subsection. 
4. Ex11iration. A dispensary registration eertifieate and the registry identifieation 
eard for each orincinal officer. board member or emolovee 0Jmire one vear after the date 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"B"toH.P.1060,L.D.1539 
of issuance. The department shall issue a renev,ral dispensary registration certificate and 
renewal registry identification cards v1ithin 10 days to any person vmo complies 'i'lith the 
requirements contained in subsection 2. 
1",,_ registry identification card of a principal 
officer, board member or employee eJcpires 10 days after notification by a dispensary that 
suoh person ceases to work at the dispensary, 
S. lnspeeti011. A dispensary and any additional location at which the dispensary 
cultivates marijuana for medical use by· a qualifying patient who has designated the 
dispensary to oultivate for the patient are subject to reasonable inspection by the 
department. The department may enter the dispensaty and the one permitted additional 
O 
location at which the dispensary cultivates marijuana at any time. without notice. to carry 
out an inspection under this subsection. 
6. Registered dispensary requirements. This subsection governs the operations of 
registered dispensaries. 
A. A dispensary must be operated on a not for profit basis for the mutual benefit of 
qualifying patients who have designated the dispensary to cultivate marijuana. The 
bylav,rs of a dispensary and its contracts vlith qualifying patients must contain such 
provisions relative to the disposition of revenues and receipts as may be necessary 
and appropriate to establish and maintain its not for profit status. A dispensary need 
not be recognized as a tax OJcempt organization under 26 United States Code, Section 
501(c)(3) but is required to incorporate pursuant to Title 13 E and to maintain the 
eei:poration in 2=ood standine: with the Secretarv of State. 
B. 
A dispensary may not be located within 500 feet of the property line of a 
preexisting public or private school. 
C. A dispensary shall notify the department within 10 days of vA1en a principal 
officer, board member or employee ceases to work at the dispensary. 
D. A dispensa1y shall notify the department in writing of the name, address and date 
of birth of any new principal officer, board member or employee and shall submit a 
fee in an amount established by the depa1tment for a new registry identification card 
before the nO'.v nrincinal officer. board member or enmlovee begins working at the 
dispensary. 
E. A dispensary shall implement appropriate security measures to deter and prevent 
unauthorized entrance into areas containing marijuana and the theft of marijuana at 
the dispensaiy and the one permitted additional location at which the dispensary 
cultivates marijuana plants for medical use by qualifying patients who have 
designated the dispensary to cultivate for them. 
F. 
The operating documents of a dispensary must include procedures for the 
7 
oversight of the dispensary and procedures to ensure accurate record keeping in 
accordance with section 2430-G. 
G. A dispensary is prohibited from acquiring, possessing, cultivating, manufacturing, 
delivering, transferring, transporting, supplying or dispensing marijuana for any 
purpose except to assist qualifying patients v:ho have designated the dispensary to 
caltivate marijuana for them for the medical use of marijuana directly or through the 
aualifvine: natients' orimarv caree:ivers. to obtain nrenared mariiuana as nrovided in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L,D, 1539 
SliaSeotion 1 ,A,., paragraph E or to provide prepared marijuana as provided in 
paragraph Land subseotion 9. paragraph B. 
H. All prinoipal offioers and board members officers or directors of a dispensary 
must be residents of this State. 
I. All cultivation of marijuana plants must take place in an enolosed, looked faoility El: 
cultivation area unless the marijuana plants are being transported bet\veen the 
dispensary and a looation at v.4rioh the dispensary oultivates the marijuana plants, as 
disolosed to the department in subseotion 2, paragraph /',._, subparagraph (3). The 
dispensary shall use a numerioal identifioation system to enable the dispensary to 
traok marijuana plants from oultivation to sale and to traok prepared marijuana 
obtained pursuant to seotion 2423 },._, subsection 2, paragraph H from aoqmsition to 
sale pursuant to subsection 1-A. paragraph L. Access to the cultivation faoility area 
is limited to a cardholder who is a prinoipal offioer, board member or employee an 
officer or director or assistant of the dispensary when acting in that cardholder's 
official capacity, except that an elected official invited by a prinoipal offioer, board 
member or employee an officer or director or assistant for the purpose of providing 
education to the elected official on cultivation by the dispensary, emergency services 
personnel, an employee assistant of a marijuana testing facility or a person who needs 
to gain access to the cultivation faoility area in order to perform repairs or 
maintenance or to do construction may access the cultivation faoility area to provide 
professional services while under the direct supervision of a cardholder who is a 
prinoipal offioer, board :tn001ber or employee an officer or director or assistant of the 
dispensa1y. 
J. 
A dispensary that is required to obtain a lioense for the preparation of food 
pursuant to section 2167 shall obtain the licsnse prior to preparing goods oontainine: 
marijuana, including tinctures of marijuana. for medioal use by a qualifying patient. 
K. A dispensaty shall display the dispensaty's registration certificate issued under 
subseotion 2, paragraph A section 2425-A in a publicly visible location in the 
dispensary. 
L. A. dispensary may provide exoess prepared marijuana to another dispsnsary that is 
experienoing an extended inventory supply interruption. 
M. A dispensary may provide samples to a marijuana testing faoility for testing and 
research purposes. 
N. A dispensary may oonduot marijuana testing at the request of anyone authorized 
to possess marijuana lffider this ohapter for researoh and developmsnt purposes only. 
7. Maximum amount of marijuana to be dispensed. A dispensary or a principal 
7 
offioer, board member or employee an officer or director or assistant of a dispensary may 
8 
not dispense more than 2 1/2 ounces of prepared harvested marijuana in one transaction 
to a qualifying patient 1.vho has designated the dispensary or to a primary caregiver on 
behalf of a qualifying patient who has designated the dispensary, except that a dispensary 
or an officer or director or assistant of a dispensary may not dispense more than 2 1/2 
ounces of harvested marijuana to a visiting qualifying patient during a 15-day period. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
f-.... Immunity. The immunity provisions in this subseetion apply to a registered 
eispensarv and offieers. hoard memhet's. a2Cents and emnlovees of the d1snensarv. 
A. A registtmid disptmsary is not subjeet to proseoution, search, seizure or penalty in 
any manner, ineluding but not limited to a civil penalty or diseiplinary aetion by a 
business or an oceupational or professional licensing board or ootity, and may not be 
denied any right or privilege solely for acting in accordance with this seetion to assist 
qualifying patients with the medical use of marijuana in accordance v1ith this chapter. 
B. ,A,. principal offieer, board membtw, agent or employee of a registered dispensary 
is not subject to arrest, proseeution, search, seizure or penalty in any manner, 
including but not limited to a eivil penalty or diseiplinary action by a business or an 
oeoupational or professional licensing board or entity, and may not be denied any 
right or privilege solely for working for or 1,vith a registered dispensary to provide 
prepared marijuana to qualifying patients or to otherwise assist qualifying patients 
with the medieal use of marijuana in aecordance with this chapter. 
9. Prohibitions. The prohibitions in this subsection apply to a registered dispensary. 
A. A dispensary may not possess more than 6 mature marijuana plants for eaoh 
qualifying patient who has designated the dispensary to eultivate marijuana for the 
qualifying patient's medieal use subjeet to a limit of 6 mature plants total for a patient 
vll10 also eultivates mariiuana. 
B. 
A dispensary may not dispense, deliver or otherwise transfer marijuana to-a 
person other than a qualifying patient who has designated the dispensary to cultivate 
marijuana for the patient, to the patient's primary caregiver or to a dispensary as 
provided in subsection 6, paragraphs G and L except as provided in this chapter. 
G. 
The department shall immediately revoke the registry identifieation card of a 
prineipal officer, board member or employee of a dispensary who is found to have 
violated paragraph B, and sueh a person is disqualified from serving as a principal 
offieer, board member or employee of a dispensaty. 
D. A person who has been convicted of a disqualifying drug offense may not be a 
principal officer, board member or employee an officer or director or assistant of a 
dispensary. 
(1) A person who is employed by or is a prineipal offieer or board member an 
officer or director or assistant of a dispensary in violation of this paragraph 
commits a civil violation for which a fine of not more than $1,000 may be 
adjudged. 
(2) A person who is employed by or is a principal officer or board member an 
officer or director or assistant of a dispensary in violation of this paragraph and 
who at the time of the violation has been previously found to have violated this 
paragraph commits a Class D crime. 
E. A dispensary may aoquiro prepared marijuana only from a primary caregiver in 
aooordanoe 
1.vith section 2A 23 A, subsection 2, paragraph H or K, 
through the 
cultivation of marijuana by that dispensary either at the location of the dispensary or 
at the one nermitted additional location at v:hioh the disnensarv eultivates mariiuana 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.O. 1539 
for medical use by qt1alifying patients v.110 have designated the dispensary to 
cultivate for them or from a dispensary as provided in subsection 1 A .. paragraph E. 
F. A dispensary may not contract for the cultivation of seeds of a marijuana plant, 
seedlings or small plants or the cultivation, produstion or preparation of marijuana or 
fuod containing marijuana for medical use immature marijuana plants, except that a 
dispensary may engage in wholesale transactions in accordance with subsection 1-A, 
paragraph F, subparagraph (4). 
G. A registered dispensary may not use a pesticide on marijuana plants except a 
pesticide that is used consistent with federal labeling requirements, is registered with 
the Department of Agriculture, Conservation and Forestry, Board of Pesticides 
Control pursuant to Title 7, section 607 and is used consistent with best management 
practices for pest management approved by the Commissioner of Agriculture, 
Conservation and Forestry. A registered dispensary may not in the cultivation of 
marijuana plants use a pesticide unless at least one registered dispensary employee 
assistant involved in the application of the pesticide is certified pursuant to section 
1471-D and all other registered dispensary employees assistants who have direct 
contact with treated plants have completed safety training pursuant to 40 Code of 
Federal Regulations, Section 170.130. A registered dispensary employee assistant 
who is not certified pursuant to section 1471-D and who is involved in the application 
of the pesticide or handling of the pesticide or equipment must first complete safety 
training described in 40 Code of Federal Regulations, Section 170.230. 
10. Loeal regulation. This chapter does not prohibit a political st1bdivision of this 
State from limiting . the number of dispensaries that may operate in the political 
subdivision or from enacting reasonable regulations applicable to dispensaries. A local 
government may not adopt an ordinance that is duplicative of or more restrictive than the 
provisions of this Act. An ordinance that violates this subsection is void and ofno effect. 
11, Limitation on number of dispensaries. The department shall adopt rules 
limiting the number and location of registered dispensaries. Dllring the first year of 
operation of dispensaries the department may not issue more than one registration 
certificate for a dispensary in each of the 8 public health districts of the department, as 
defined in section 411. After revie1.v of the first full year of operation of dispensaries and 
periodically thereafter, the department may amend the rules on the nl:lIBber and location 
of dispensaries; hmvever, the number of dispensaries may not be less than 8. 
11-A. Limitation on number of dispensaries registered. This subsection govems 
the limits on the number of dispensary registration certificates that may be issued by the 
department. 
7 
A. 
The department may not limit the total number of dispensary registration 
certificates it issues. 
B. The department shall issue a registration certificate to a dispensaiy that operated 
as a nonprofit entity prior to April 1, 2018 if 2/3 of the officers or directors of the 
entity that is the successor in interest of that nonprofit entity were officers or directors 
of the nonprofit entity at the time the nonprofit entity ceased existing as a nonprofit 
entity. The registration certificate of a dispensary operating as a nonprofit entity prior 
to April 1, 2018 expires upon the cessation of existence of the nonprofit entity unless 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
an entity that is the successor in interest to that nonprofit entity and that meets the 
requirements of this paragraph is capable of operating under the registration 
certificate at substantially the same time the nonprofit entity ceases existence. The 
registration certificate issued to the entity that is the successor in interest to the 
nonprofit entity under this paragraph expires on the date the registration certificate 
issued to the nonprofit entity would have expired. 
12, Labels. If a dispensary affius a label on the paokaging of any marijuana or 
produot oontaining marijuana provided to a qualifying patient and that label inoludes 
information about contaminants, the cannabinoid profile or potency of the marijuana or 
produot containing marijuana, the label must be verified by a marijuana testing faoility 
that is not owned by the dispensary if there is a marijuana testing. faoility lioensed. 
certified or approved in accordanoe with this ohapter. 
Sec. 20. 22 MRSA §2429, as amended by PL 2011, c. 407, Pt. B, §§33 and 34, is 
repealed. 
Sec. 21. 22 MRSA §§2429-A to 2429-D are enacted to read: 
§2429-A. Packaging and labeling requirements 
1. Packaging requirements. As applicable based on the form of the item sold, 
harvested marijuana sold in a retail transaction under this chapter must be: 
A. Prepackaged in child-resistant and tamper-evident packaging or placed in child-
resistant and tamper-evident packaging with a signifier that the package contains 
harvested marijuana at the final point of sale to a qualifying patient; 
B. Prepackaged in opaque packaging or an opaque container or placed in opaque 
packaging or an opaque container with a signifier that the package contains harvested 
marijuana at the final point of sale to a qualifying patient; 
C. Packaged in a container with an integral measurement component and child-
resistant cap if the marijuana product is a multiserving liquid; and 
D. In confo1mity with all other applicable requirements and restrictions imposed by 
rnle by the department. 
Any package required under this subsection that contains edible marijuana products must 
include a signifier that the package contains harvested marijuana. 
2. Packaging prohibitions. Harvested marijuana sold in a retail transaction under 
this chapter may not be: 
A. Labeled or packaged in violation of a federal trademark law or regulation or in a 
manner that would cause a reasonable consumer confusion as to whether the 
harvested marijuana was a trademarked product; 
B. 
Labeled or packaged in a manner that is specifically designed to appeal 
particularly to a person under 21 years of age; 
C. Labeled or packaged in a manner that obscures identifying inf01mation on the 
label or uses a false or deceptive label; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
D. Sold or offered for sale using a label or packaging that depicts a human, animal or 
fruit; or . 
. 
· 
. 
E. Labeled or packaged in violation of any other labeling or packaging requirement 
or restriction imposed by rule by the department. 
3. Labels. If a registered caregiver, dispensary or manufacturing facility affixes a 
label on the packaging of any harvested marijuana provided to a qualifying patient and 
that label includes information about contaminants, the cannabinoid profile or potency of 
the harvested marijuana, the label must be verified by a marijuana testing facility. This 
subsection does not apply if there is no marijuana testing facility operating in accordance 
with section 2423-A, subsection 10. 
4. 
Educational materials. 
A person that provides harvested marijuana to a 
qualifying patient must make educational materials about medical marijuana available to 
the qualifying patient at the time of the transaction. The department shall develop the 
minimum content of the educational materials provided under this subsection and make 
that content available publicly. 
§2429-B. Signs, advertising and marketing 
1. 
Prohibitions. Signs, advertising and marketing used by or on behalf of a 
registered caregiver or dispensary may not: 
A. Be misleading, deceptive or false; 
B. 
Involve mass-market advertising or marketing campaigns that have a high 
likelihood ofreaching persons under 21 yea1·s of age or that are specifically designed 
to appeal particularly to persons under 21 years of age; 
C. Be placed or otherwise used within 1,000 feet of the property line of a preexisting 
public or private school, except that, if a municipality chooses to prohibit the 
placement or use of signs or advertising by or on behalf of a registered caregiver or 
dispensary at distances greater than or less than 1,000 feet but not less than 500 feet 
from the property line of a preexisting public or private school, that greater or lesser 
distance applies; 
D. Violate any other requirement or restriction on signs, advertising and marketing 
imposed by the department by rule pursuant to subsection 2; or 
E. Market to any person authorized to possess marijuana under this chapter and 
specifically to any adult use or recreational marijuana market within the same sign, 
advertisement or marketing material. 
2. Rules on signs, advertising and marketing. The department shall adopt rules 
regarding the placement and use of signs, advertising and marketing by or on behalf of a 
registered caregiver or dispensary, which may include, but are noflimited to: 
7 
A. A prohibition on health or physical benefit claims in advertising or marketing, 
including, but not limited to, health or physical benefit claims on the label or 
packaging of harvested marijuana; 
B. A prohibition on unsolicited advertising or marketing on the Internet. including. 
but not limited to, banner advertisements on mass-market websites; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B"to H.P. 1060, L.D. 1539 
C. A prohibition on opt-in advertising or marketing that does not permit an easy and 
permanent opt-out feature; and 
D. A prohibition on advertising or marketing directed toward location-based devices, 
including, but not limited to, cellular telephones, unless the marketing is a mobile 
device application installed on the device by the owner of the device who is 21 years 
of age or older and includes a permanent and easy opt-out feature. 
§2429-C. 
Edible marijuana products health and safety requirements and 
restrictions 
In addition to all other applicable prov1S1ons of this chapter, edible marijuana 
products to be sold or offered for sale in a retail transaction in accordance with this 
chapter: 
1. Cannabinoid content. Must be manufactured in a manner that results in the 
cannabinoid content within the product being homogeneous throughout the product or 
throughout each element of the product that has a cannabinoid content; 
2. Marijuana content. Must be manufactured in a manner that results in the amount 
of marijuana concentrate within the product being homogeneous throughout the product 
or throughout each element of the product that contains marijuana concentrate; 
3. Shape. May not be manufactured in the distinct shape of a human, animal or 
frnit; 
4. Additives. May not contain additives that are: 
A. Toxic or harmful to human beings; or 
B. Specifically designed to make the product appeal particularly to a person under 21 
years of age; and 
5. Addition to trademarked food or drink. May not involve the addition of 
marijuana to a trademarked food or drink product, except when the trademarked product 
is used as a component of or ingredient in the edible marijuana product and the edible 
marijuana product is not advertised or described for sale as containing the trademarked 
product. 
§2429-D. Local regulation 
Pursuant to the home rnle 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 
manufactudng facilities, except that municipalities may not prohibit or limit the number 
ofregistered caregivers. 
Sec. 22. 22 MRSA §2430, sub-§2, 1A, as enacted by PL 2009, c. 631, §45 and 
7 
affected by § 51, is amended to read: 
A. All money received as a result of applications and reapplications for registration 
as a qualifying patient, primaty caregiver andi dispensaiy, manufacturing facility and 
marijuana testing facility; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
Sec. 23. 22 MRSA §2430, sub-§2, 18, as amended by PL 2015, c. 475, §25, is 
further amended to read: 
B. All money received as a result of applications and reapplications for registry 
identification cards for registered patients, primary caregivers and_. dispensaries and 
board members, offieers and employees officers or directors or assistants of 
registered caregivers. dispensaries er, manufacturing facilities and marijuana testing 
facilities; 
Sec. 24. 22 MRSA §2430, sub-§3, as enacted by PL 2009, c. 631, §45 and 
affected by §51, is amended to read: 
3. Uses of the fund. The fund may be used for expenses of the department to 
administer this chapter or for research in accordance with subsection 5, as allocated by 
the Legislature. To the extent that funds remain in the fund after the expenses of the 
department to administer this chapter and for research in accordance with subsection 5, 
any remaining funds must be used to fund: 
A. The cost of the tax deductions provided pursuant to Title 36, section 5122, 
subsection 2, paragraph PP and Title 36, section 5200-A, subsection 2, paragraph BB. 
By June 1st annually, the State Tax Assessor shall determine the cost of those 
deductions during the prior calendar year and report that amount to the State 
Controller, who shall transfer that amount from the remaining funds in the fund to the 
General Fund; and 
B. The cost of the position in the Department of Administrative and Financial 
Services, Bureau of Revenue Services to administer the tax deductions provided 
pursuant to Title 36, section 5122, subsection 2, paragraph PP and Title 36, section 
5200-A. subsection 2, paragraph BB. By June 1st annually, the Commissioner of 
Administrative and Financial Services shall determine the cost of the position in the 
bureau to administer those deductions during the prior calendar year and report that 
amount to the State Controller, who shall transfer that amount from the remaining 
funds in the fund to the General Fund. 
Sec. 25. 22 MRSA §2430, sub-§§4 and 5 are enacted to read: 
4. Review of fund balance. Beginning January 2018 and every 2 years thereafter, 
the department shall review the balance in the fund. If the balance in the fund exceeds 
$400,000, the department shall reduce the fees established under section 2425-A, 
subsection 10 for a 2-year period beginning with the calendar year following the review. 
5. 
Medical marijuana research grant program established. 
The medical 
marijuana research grant program. referred to in this subsection as "the program," is 
established within the department to provide grant money to support objective scientific 
7 
research, including observational and clinical trials and existing research, on the efficacy 
8 
of marijuana as part of medical treatment and the health effects of marijuana used as part 
qf medical treatment. The program must be funded from the fund. The department shall 
a4opt rules necessary to implement the program. including. but not limited to, required 
qualifications of persons conducting the research; determining the scientific merit and 
objectivity of a research proposal; criteria for determining the amount of program funds 
distributed; criteria for determining the duration of the research; procedures for soliciting 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"B"toH.P.1060,L.D.1539 
research participants, including outreach to patients, and for obtaining the informed 
consent of participants; and reporting requirements for the results of the research and 
evaluation of the research results. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 26. 22 MRSA §2430-A, as amended by PL 2015, c. 475, §26, is repealed. 
Sec. 27. 22 MRSA §§2430-C to 2430-G are enacted to read: 
§2430-C. Protections for authorized activity 
1. Rights of persons or entities actin2 pursuant to this chapter. A person whose 
conduct is authorized under this chapter may not be denied any right or privilege or be 
subjected to an·est, prosecution, penalty or disciplinary action, including but not limited 
to a civil penalty or disciplinary action by a business or occupational or professional 
licensing board or bureau, for lawfully engaging in conduct involving the medical use of 
marijuana authorized under this chapter. 
2. Legal protection for hospitals and long-term care facilities. The immunity 
provisions in this subsection apply to a hospital licensed under chapter 405 and an officer 
or director, employee or agent of the hospital and a long-term care facility and an officer 
or director, employee or agent of the long-term care facility. Any immunity provision in 
this chapter in conflict with this subsection does not apply to a hospital or long-term care 
facility. 
The legal protection for hospitals and long-term care facilities applies in 
accordance with the following. 
A. If the use of a form of harvested marijuana that is not smoked, including but not 
limited to edible marijuana products and tinctures and salves of marijuana, by an 
admitted patient who has been ce1iified under section 2423-B occurs in a hospital, 
that hospital is not subject to prosecution, search, seizure or penalty in any manner, 
including but not limited to a civil penalty or disciplinary action by an occupational 
or professional licensing board or entity, and may not be denied any license, 
registration, right or privilege solely because the admitted patient lawfully engages in 
conduct involving the medical use of marijuana authorized under this chapter. 
B. If the use of a form of harvested marijuana consistent with a long-term facility's 
policy by an admitted patient who has been certified under section 2423-B occurs in 
the long-term care facility, that long-term care facility is not subject to prosecution, 
search, seizure or penalty in any manner, including but not limited to a civil penalty 
or disciplinary action by an occupational or professional licensing board or entity, 
and may not be denied any license, registration, right or privilege solely because the 
admitted patient lawfully engages in conduct involving the medical use of marijuana 
authorized under this chapter. 
C. An officer or director, employee or agent of a hospital or long-term care facility 
8 
where the use of a form of harvested marijuana that is not smoked or vaporized, 
including but not limited to edible marijuana products and tinctures and salves of 
marijuana. by an admitted patient who has been ceiiified under section 2423-B occurs 
is not subject to arrest. prosecution, search, seizure or penalty in any manner, 
including but not limited to a civil penalty or disciplinary action by an occupational 
or professional licensing board or entity, and may not be denied any license, 
COMMITTEE AMENDMENT 
COMMITIEEAMENDMENT "B" to H.P. 1060, L.D. 1539 
registration, right or privilege solely because the admitted patient lawfully engages in 
conduct involving the medical use of marijuana authorized under this chapter. 
3. School, employer or landlord may not discriminate. A school, employer or 
landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 
s'olely for that person's status as a qualifying patient or a caregiver unless failing to do so 
would put the school, employer or landlord in violation of federal law or cause it to lose a 
federal contract or funding. 
This subsection does not prohibit a restriction on the 
administration or cultivation of marijuana on premises when that administration or 
cultivation would be inconsistent with the general use of the premises. A landlord or 
business owner may prohibit the smoking of mariiuana for medical purposes on the 
premises of the landlord or business if the landlord or business owner prohibits all 
smoking on the premises and posts notice to that effect on the premises. 
4. Person may not be denied parental rights and responsibilities or contact with 
a minor child. A person may not be denied parental rights and responsibilities with 
respect to or contact with a minor child as a result of acting in accordance with this 
chapter, unless the person's conduct is contrary to the best interests of the minor child as 
set out in Title 19-A, section 1653, subsection 3. 
5. Receiving an anatomical gift. 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 
harvested 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 
meclical 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. 
6. Prohibition on seizure and retention. Except when necessary for an ongoing 
criminal or civil investigation, a law enforcement officer may not seize marijuana that is 
in the possession of a qualifying patient, caregiver, marijuana testing facility, 
manufacturing facility or registered dispensary as authorized by this chapter. A law 
enforcement officer in possession of marijuana in violation of this subsection shall return 
the marijuana within 7 days after receiving a written request for return by the owner of 
the marijuana. Notwithstanding the provisions of Title 14, chapter 741, if the law 
8 
enforcement officer fails to return marijuana possessed in violation . of this subsection 
within 7 days of receiving a written request for return of the marijuana under this 
subsection, the owner of the marijuana may file a claim in the District Court in the district 
where the owner lives or where the law enforcement officer is employed. 
7. 
Requirements for protection. To receive protection under this section for 
conduct authorized under this chapter, a person must: 
A. If the person is a qualifying patient or visiting qualifying patient, present upon 
request of a law enforcement officer the original written certification for the patient 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"B" to H.P. 1060, L.D. 1539 
and the patient's government-issued identification that includes a photo and proof of 
address: or 
B. If the person is a caregiver, present upon request of a law enforcement officer the 
original written document designating the person as a caregiver by the qualifying 
patient under section 2423-A, subsection 1, paragraph F-1 and the caregiver's 
government-issued identification that includes a photo and proof of address. 
8. 
Evidence of lawful conduct. 
A person who has been issued a registty 
identification card pursuant to section 2425-A must also possess a valid government-
issued identification that includes a photo and proof of address in order to establish proof 
of authorized participation in the medical use of marijuana under this chapter. Possession 
of a registrv identification card by a cardholder, the act of applying for such a registrv 
identification card, possession of a written certification issued under section 2423-B or 
possession of a designation document executed under section 2423-A, subsection 1, 
paragraph F-1 is not evidence of unlawful conduct and may not be used to support the 
search of that person or that person's property. The possession of or application for a 
registrv identification card or possession of a written certification does not prevent the 
issuance of a wa11'ant if probable cause exists on other grounds. 
. . 
. 
· 
. 
9. Immunity. The immunity provisions in this subsection apply to caregivers, 
marijuana testing facilities, manufacturing facilities and dispensaries and the officers or 
directors or assistants of caregivers, marijuana testing facilities, manufacturing facilities 
and dispensaries. 
A. A caregiver, marijuana testing facility, manufacturing facility or dispensary is not 
subject to prosecution, search, seizure or penalty in any manner, including but not 
limited to a civil penalty or disciplinary action by a business or an occupational or 
professional licensing board or entity, and may not be denied any right or privilege 
solely for acting in accordance with this section to assist with the medical use of 
marijuana in accordance with this chapter. 
B. 
An officer or director or assistant of a caregiver, marijuana testing facility, 
manufacturing facility or dispensaty is not subject to at1'est, prosecution, search, 
seizure or penalty in any manner, including but not limited to a civil penalty or 
disciplinary action by a business or an occupational or professional licensing board or 
entity, and may not be denied any right or privilege solely for working for or with a 
caregiver, marijuana testing facility, manufacturing facility or dispensary to provide 
marijuana plants and marijuana products to qualifying patients, caregivers, 
dispensaries, manufacturing facilities or marijuana testing facilities or to otherwise 
assist with the medical use of marijuana in accordance with this chapt_er. 
§2430-D. Collectives prohibited 
8 
Collectives are prohibited under this chapter. A person may not form or participate in 
a collective. The following relationships are not collectives and are not prohibited: 
1. 
Caregivers assisting for the benefit of a mutual qualifying patient. Two 
caregivers to the extent the relationship is to: 
A. Consult with each other to assist the same qualifying patient; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
B. Refer a qualifying patient to a caregiver to obtain specialized marijuana plants or 
harvested marijuana; 
C. 
Obtain specialized marijuana plants or harvested marijuana from another 
caregiver to assist the same qualifying patient: or 
· 
· 
D. Transfer harvested marijuana pursuant to section 2423-A. subsection 2, paragraph 
K· = 
2. 
Employer and assistant relationship. 
Two caregivers to the extent the 
relationship is as employer and assistant: or 
3. Caregivers sharing common areas. Any number of caregivers who are operating 
separately and occupying separate spaces within a common facility to engage ill activities 
authorized under section 2423-A. subsection 2, even if they also share utilities or 
common areas, including but not limited to storage areas and building facilities, and who 
do not share marijuana plants or harvested marijuana resulting from the cultivation of 
those plants. 
§2430-E. Possession penalties; fraud penalty 
1. Excess mariiuana; forfeiture. A person who possesses marijuana plants or 
harvested marijuana in excess of the limits provided ill this section shall forfeit the excess 
amounts to a law enforcement officer. The law enforcement officer is authorized to 
remove all excess marijuana plants or harvested marijuana possessed by that person in 
order to catalog the amount of excess marijuana. Possession of marijuana in excess of the 
limits provided in this section is a violation as follows: 
A. Possession of harvested marijuana by a qualifying patient or a caregiver operating 
under section 2423-A. subsection 3, paragraph C in an excess amount up to 1 1/4 
ounces commits a civil violation for which a fine of not less than $350 and not more 
than $600 must be adjudged, none of which may be suspended: 
B. Possession of harvested marijuana by a qualifying patient or a caregiver operating 
under section 2423-A, subsection 3, paragraph C in an excess amount over 1 1/4 
ounces and up to 2 1/2 ounces commits a civil violation for which a fme of not less 
than $700 and not more than $1,000 must be adjudged, none of which may be 
suspended: and 
· 
C. Possession of harvested marijuana by a qualifying patient or a caregiver operating 
under section 2423-A, subsection 3, paragraph C in an excess amount over 2 1/2 
ounces is a violation of Title 17-A, chapter 45. 
2. Repeat forfeiture. If a cardholder has previously forfeited excess marijuana 
pursuant to subsection 1 and a subsequent forfeiture occurs, the department shall revoke 
the registry identification card of the cardholder and the entire amount of marijuana 
plants or harvested marijuana possessed by that cardholder must be forfeited to a law 
enforcement officer. The department shall adopt rules to implement this subsection. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 3 7 5, subchapter 2-A. 
3. Defense for possession of excess mariiuana. Except as provided in section 
2426, a qualifying patient may assert the medical purpose for using marijuana as a 
COMMITTEE AMENDMENT 
CO.rvfMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
gefense to any prosecution involving marijuana possession and may present evidence in 
court that the patient's necessaty medical use or cultivation circumstances warranted 
exceeding the amount of marijuana allowed under section 2423-A and was reasonably 
necessary to ensure the uninterrupted availability of marijuana for the purpose of treating 
or alleviating the patient's medical diagnosis or symptoms associated with the patient's 
medical diagnosis that, in a medical provider's professional opinion, may be alleviated by 
the therapeutic or palliative medical use of marijuana. 
4. Calculation of marijuana weight. The amount of marijuana possessed under this 
chapter must be calculated by the weight of dried harvested marijuana. A calculation of 
the weight of marijuana that is not dried must reduce the weight by at least 75% to 
account for moisture content. A calculation of the weight of marijuana in a marijuana 
product may not include ingredients in the product other than marijuana, except that the 
weight of marijuana concentrate must be included whether the marijuana concentrate is 
possessed by itself or within a marijuana product. 
5. Penalty for fraud. Fraudulent misrepresentation regarding lawful possession or 
medical use of marijuana and fraudulent procurement under this chapter are governed by 
7 
this subsection. A person who misrepresents to a law enforcement official any fact or 
circumstance relating to the possession or medical use of marijuana under this chapter to 
avoid arrest or prosecution commits a civil violation for which a fine of $200 must be 
adjudged. 
§2430-F. Registration suspension or revocation 
1. Department suspension or revocation. The department may suspend or revoke 
a registry identification card for violation of this chapter and the rules adopted under this 
chapter. Revocation in accordance with section 2430-E, subsection 2 is considered a final 
agency action, subject to judicial review under Title 5, chapter 375, subchapter 7. Unless 
otherwise specified as final agency action, a person who has had authorization for 
conduct under this chapter revoked due to failure to comply with this chapter and rules 
adopted by the department may request an informal hearing. The department shall adopt 
rules to specify the period of time, which may not exceed one year, that the person whose 
registty identification card was revoked is ineligible for reauthorization under this 
chapter. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
The department shall immediately revoke the registry identification card of an officer or 
director or assistant of a dispensary who is found to have violated section 2428, 
subsection 9, paragraph B, and that person is disqualified from serving as an officer or 
director or assistant of a dispensary. 
2. Suspension or revocation of registry identification card. The department shall 
revoke the registly identification card of a cardholder who sells, furnishes or gives 
marijuana to a person who is not authorized to possess marijuana for medical purposes 
under this chapter. A cardholder who sells, furnishes or gives marijuana to a person who 
is not authorized to possess marijuana for medical purposes under this chapter is liable for 
any other penalties for selling, furnishing or giving marijuana to a person. The 
department may suspend or revoke the registry identification card of any cardholder who 
violates this chapter, and the cardholder is liable for any other penalties for the violation. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
§2430-G. Record keeping; inspections; reporting requirements 
1. Tracking; record keeping. This subsection governs the tracking, record-keeping 
and disclosure requirements of registered caregivers. registered dispensaries, marijuana 
testing facilities and manufacturing facilities. 
A. A registered caregiver, a registered dispensary, a marijuana testing facility and a 
manufacturing facility shall: 
(1) Keep a record of all transfers of marijuana plants and harvested marijuana; 
(2) 
Keep the books and records maintained by the registered caregiver, 
registered dispensary, marijuana testing facility or manufacturing facility for a 
period of 7 years; 
(3) Complete an annual audit of business transactions of the registered caregiver, 
registered dispensary. marijuana testing facility or manufacturing facility by an 
independent 3rd party; and 
(4) Make the books and records maintained under this subsection available to 
inspection by the department upon the department's demand. 
Records kept under this paragraph must avoid identifying qualifying patients. 
B. The department shall develop and implement a statewide electronic portal through 
which registered caregivers, registered dispensaries, marijuana testing facilities and 
manufacturing facilities may submit to the department the records required under 
paragraph A and in accordance with rules adopted by the department. The department 
shall adopt rules regarding the process and content of records to be submitted, the 
frequency with which the records must be submitted and any other requirements 
necessary to implement this paragraph. 
C. 
A registered caregiver, registered dispensary, marijuana testing facility and 
manufacturing facility shall accompany all marijuana plants and harvested marijuana 
being transported pursuant to this chapter with a label that identifies: 
(1) 
The person transferring the marijuana plants or harvested marijuana, 
including the person's registry identification number; 
(2) The person receiving the marijuana plants or harvested marijuana, including 
the person's registry identification number or, if the person is not required to 
register under this chapter, a unique identifier assigned to the person; 
(3) 
A description of the marijuana plants or harvested marijuana being 
3 
transferred, including the amount and form; 
(4) The time and date of the transfer; and 
(5) The destination of the marijuana plants or harvested marijuana. 
' 
The department may adopt rules to implement this subsection. 
COMMITTEE AMENDMENT 
COMM:ITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
2. 
Inspections. This subsection governs inspections of registered caregivers, 
registered dispensaries, including the additional location where cultivation of marijuana 
plants may occur, marijuana testing facilities and manufacturing facilities. 
A. Notwithstanding section 2423-A, subsection 3, paragraph B and section 2428, 
subsection 6, paragraph I, to ensure compliance with this chapter or in response to a 
complaint, the department may inspect the premises where a registered caregiver 
conducts activity authorized under this chapter, a registered dispensary including the 
additional location where cultivation may occur, a marijuana testing facility and a 
manufacturing facility without notice during regular business hours or during hours 
of apparent activity, except that the department: 
(1) May not enter the dwelling unit of a registered caregiver if the registered 
caregiver is not present: and 
(2) May inspect only the area of a dwelling unit where activity authorized under 
this chapter occurs. 
The department shall specify in writing to the registered caregiver or an officer or 
director or assistant of a registered caregiver, registered dispensary, marijuana testing 
facility or manufacturing facility the grounds contained in the complaint when 
conducting an inspection in response to a complaint. 
B. The department shall adopt rules: 
(1) Establishing standards for compliance with this chapter that are available 
publicly; 
(2) 
Establishing inspection procedures that prevent contamination of any 
operations undertaken by the registered caregiver, registered dispensary, 
marijuana testing facility or manufacturing facility in compliance with this 
chapter; and 
(3) 
Requiring a registered caregiver to report on the location within the 
registered caregiver's home where activity authorized under this chapter is 
occurring. 
Rules adopted by the department pursuant to this paragraph may require that an 
annual compliance inspection is a condition of eligibility for renewal of a registration 
under this chapter. 
C. 
The department may suspend, revoke or refuse to renew the registration 
identification card or registration ce1iificate of a registered caregiver, a registered 
dispensary, a marijuana testing facility or a manufacturing facility that refuses or 
willfully avoids 2 or more inspections under this subsection. A person whose registry 
identification card or registration certificate has been suspended, revoked or not 
renewed under this subsection may request a hearing in accordance with Title 5, 
chapter 375, subchapter 4. 
D. The department may not conduct inspections of a qualifying patient or caregiver 
operating under section 2423-A, subsection 2, paragraph C. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
3. 
Incident and illegal activity reporting. A registered caregiver, registered 
dispensary, marijuana testing facility and manufacturing facility shall report: 
A. Any violation of this chapter or rule adopted under this chapter governing the 
operations of the registered caregiver, registered dispensary, marijuana testing facility 
or manufacturing facility to the department within one business day of discovering 
the violation; and 
B. Any suspected illegal activity involving the operations of the registered caregiver, 
registered dispensary, marijuana testing facility or manufacturing facili,ty to the 
department and law enforcement within 24 hours of discovering the suspected illegal 
activity. 
4. Procedures for suspending or terminating registration. The department shall 
adopt rules establishing procedures for suspending or terminating the registration of a 
registered dispensary or a registered caregiver that violates the provisions of this section 
or the rules adopted pursuant to this subsection. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
§2430-H. Fines collected 
Fines collected pursuant to this chapter and rules adopted by the department must be 
credited to the Medical Use of Marijuana Fund pursuant to section 2430. 
Sec. 28. 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 Health and Human Services. 
Information provided to the assessor by the 
Department of Health and Human Services pursuant to section 175 and Title 22, section 
2425, subsection 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. 
Sec. 29. 36 MRSA §1817, sub-§5, as enacted by IB 2015, c. 5, §3, is amended to 
read: 
5. Exemption. The tax on marijuana imposed pursuant to this section may not be 
levied on marijuana sold by a registered nonprofit dispensary or registered caregiver to a 
qualifying patient or primary caregiver pursuant to Title 22, chapter 558-C. 
Sec. 30. 36 MRSA §5122, sub-§2, VP is enacted to read: 
PP. For taxable years beginning on or after Januaiy 1, 2018, for business expenses 
related to cap:ying on a trade or business as a registered caregiver or a registered 
dispensary, as defined in Title 22, section 2422, an amount equal to the deduction that 
would otherwise be allowable under this Part to the extent that the deduction is 
8 
disallowed under the Code, Section 280E. 
Sec. 31. 36 MRSA §5200-A, sub-§2, ~Bis enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
BB. For taxable years beginning on or after January 1, 2018, for business expenses 
related to canying on a trade or business as a registered caregiver or a registered 
dispensary, as defined in Title 22, section 2422, an amount equal to the deduction that 
would otherwise be allowable under this chapter to the extent that the deduction is 
disallowed under the Code, Section 280E. 
Sec. 32. Tax forms. The Department of Administrative and Financial Affairs; 
Bureau of Revenue Services shall amend as necessary any form on which retail sales of 
medical marijuana under the Maine Revised Statutes; Title 22; chapter 558-C may be 
reported to the department to clearly indicate that those sales are subject to the sales tax 
imposed under Title 36, section 1811. 
Sec. 33. Rulemaking; medical marijuana research grant program. No 
later than March 1, 2019, the Department of Health and Human Services shall adopt rules 
to implement the medical marijuana research grant program established in the Maine 
Revised Statutes, Title 22; section 2430, subsection 5. 
Sec. 34. Report on statewide electronic tracldng portal. The Department of 
Health and Human Services shall report in writing to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters by January 1; 
2019 on the progress of the department in adopting rules and otherwise implementing the 
statewide electronic tracking portal established in the Maine Revised Statutes; Title 22; 
section 2430-G; subsection 1, paragraph B. 
Sec. 35. 
Outreach to medical providers. 
The Department of Health and 
Human Services shall consult with statewide associations representing licensed medical 
professionals to develop and provide educational materials related to medical marijuana 
to medical providers, as defined in the Maine Revised Statutes, Title 22, section 2422, 
who provide written certifications for the medical use of marijuana in accordance with 
Title 22, section 2423-B. 
Sec. 36. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
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 -LEGISLATNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2017-18 
0.000 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
1.000 
$61;865 
$49,429 
$111,294 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Human Services Division 0696 
2017-18 
2018-19 
$0 
$111,294 
$0 
$111,294 
Initiative: Allocates funds for the costs of one full-time Assistant Attorney General 
position to advise the Department of Health and Human 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 - LEGISLATNE 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 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Medical Use of Marijuana Fund Z118 
Initiative: Provides funding for increased legal services. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Medical Use of Marijuana Fund Z118 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
2017-18 
$0 
$0 
2018-19 
1.000 
$99,306 
$11,670 
$110,976 
2018-19 
$110,976 
$110,976 
2018-19 
$110,976 
$110,976 
Initiative: Provides allocation to establish 2 Field Investigator positions and one Office 
Specialist I position for an increased number of investigations. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
2017-18 
$0 
$0 
$0 
2018-19 
3.000 
$216,969 
$18,858 
$235,827 
2018-19 
$346,803 
$346,803 
2018-19 
$111,294 
$457,779 
$569,073 
This amendment, which is the minority report of the committee, replaces the bill and 
makes the following changes to the Maine Medical Use of Marijuana Act. The 
amendment: 
1. Eliminates the list of debilitating medical conditions for which a medical provider 
may provide a written certification and instead allows a medical provider to certify use to 
patients who have a medical diagnosis that may be alleviated by the therapeutic or 
palliative use of marijuana; 
2. Eliminates the requirement that qualifying patients designate a primruy caregiver 
or dispensary as the sole provider of cultivation services or medical marijuana; 
3. Increases the possession limit in law for qualifying patients and unregistered 
caregivers from 2.5 ounces to 8 pounds, which was the amount previously authorized in 
rules adopted by the Department of Health and Human Services; 
4. Increases the possession limit for registered caregivers and dispensaries from an 
amount based on the number of patients who have designated the registered caregiver or 
dispensruy to the amount that the registered caregiver or dispensruy cultivated or 
otherwise lawfully acquired; 
COMMITTEE AMENDMENT 
COl'vIMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
5. Allows registered caregivers and dispensaries to sell up to 3 0% of the marijuana 
the registered caregiver or dispensary cultivated to another registered caregiver or 
dispensary in wholesale transactions; 
6. Authorizes qualifying patients, caregivers and dispensaries to manufacture 
marijuana products as long as ce1iain substances that are considered hazardous are not 
used; 
7. Authorizes qualifying patients, caregivers and dispensaries to produce marijuana 
concentrate using substances that are considered hazardous if certain safety and 
inspection requirements are met; 
8. Establishes a registration process for persons and entities that are not qualifying 
patients, caregivers or dispensaries to manufacture marijuana products and to engage in 
marijuana extraction using substances that are considered hazardous if certain safety and 
inspection requirements are met; 
9. Expands the authorization of a qualifying patient to use medical marijuana in 
certain assisted living and residential care facilities, in addition to hospice and nursing 
facilities, as long as that use is consistent with the facility's policy; 
10. Allows medical marijuana testing facilities to operate in the absence of rules 
adopted by the Department of Health and Human Services if the facilities meet certain 
standards; 
11. Establishes packaging, labeling and marketing requirements for the sale of 
medical marijuana; 
12. Requires registered caregivers, dispensaries, marijuana testing facilities and 
manufacturing facilities to track marijuana within the medical marijuana program from 
seeds to final user; 
13. Requires registered caregivers, dispensaries, marijuana testing facilities and 
manufacturing facilities to maintain books and records and allows the Department of 
Health and Human Services to inspect those books and records; 
14. Establishes additional authority for the Department of Health and Human 
Services to oversee medical marijuana-related activities, including the authority to inspect 
registered 
caregiver 
operations, 
dispensaries, 
marijuana testing 
facilities 
and 
manufacturing facilities during regular business hours or hours of apparent activity 
without notice, except that the department may not enter the dwelling unit of a registered 
caregiver to undertake an inspection if the caregiver is not present; 
15. Requires that :records containing patient information be kept in a manner that does 
not allow identification of the patient or be kept confidential; 
6 
16. Removes the limit on the number of dispensaries that may operate; 
7 
17. Prohibits the Department of Health and Human Services from limiting the 
number of dispensary registration certificates issued after January 1, 2021; 
18. Removes the requirement in current law that a dispensary must operate as a 
nonprofit business entity; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "B" to H.P. 1060, L.D. 1539 
19. Clarifies that municipalities may regulate registered caregivers, registered 
dispensaries, medical marijuana manufacturing facilities and marijuana testing facilities, 
except that municipalities may not prohibit or limit the number of registered caregivers; 
and 
20. Establishes a grant program to support objective scientific research funded by 
revenue from the Medical Use of Marijuana Fund and requires the Department of Health 
and Human Services to adopt rules to implement the grant program by March 1, 2019. 
The amendment also allows businesses that are not permitted to deduct business 
expenses under federal law due to the United States Internal Revenue Code of 1986, 
Section 280E to deduct business expenses to the same extent as if those expenses were 
not excluded from deduction for federal tax purposes and requires the cost of these 
deductions, as well as the cost of administering these deductions, to be paid from the 
Medical Use of Marijuana Fund, to the extent that funds are available in the fund for 
those purposes. 
The amendment also requires the Department of Health and Human Services to 
consult with statewide associations representing licensed medical professionals to 
develop and provide educational materials related to medical marijuana. 
The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/13/18 Ma~ 
LD 1539 
LR 1833(03) 
An Act To Amend Maine's Medical Marijuana Law 
Fiscal Note for Bill as Amended by Committee Amendment '/J' ( f-l- 7 &4) 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Other Special Revenue Funds 
Transfers 
General Fund 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
Fiscal Note Required: Yes 
Fiscal Note 
FY2017-18 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
FY2018-19 
$0 
$111,294 
$457,779 
($240,100) 
($4,900) 
$351,394 
($351,394) 
Projections 
FY 2019-20 
$0 
$90,960 
$469,340 
($194,750) 
($10,250) 
$285,710 
($285,710) 
Projections 
FY2020-21 
$0 
$90,960 
$480,952 
($199,500) 
($10,500) 
$290,460 
($290,460) 
The additional workload associated with the min'imal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees and fines may increase General Fund or other dedicated revenue by minor 
amounts. 
Fiscal Detail and Notes 
The bill includes an Other Special Revenue Funds allocation of$110,976 in fiscal year 2018-19 to the Office of the 
Attorney General (OAG) to establish one full-time Assistant Attorney General position to advise the Department of 
Health and Human Services on the interpretation of new medical marijuana program provisions and to assist with the 
enforcement thereof. 
The bill also includes Other Special Revenue allocations to the Department of Health and Human Services (DHHS) of 
$235,827 in fiscal year 2018-19 to establish 2 Field Investigator positions and 1 Office Specialist position to handle 
increased investigations. DHHS will also receive an allocation of $110,976 to reimburse the OAG for its new 
position. 
LRl 833(03) - Fiscal Note - Page 1 of 2 
C.i{_H~J~!J 
The bill includes a General Fund appropriation to the Department of Administrative and Financial Services of 
$111,294 in fiscal year 2018-19 for one Tax Examiner position and related costs to review and process income tax 
returns. There will be a reduction in General Fund revenue of $240, I 00 and a reduction in Local Government Fund 
revenue of $4,900 in fiscal year 2018-19 from allowing medical marijuana dispensaries and registered caregivers to 
deduct expenses from corporate and individual income tax. 
The bill requires that any new costs to the General Fund created by the bill be reimbursed through transfers from the 
Medical Use of Marijuana Fund in the Department of Health and Human Services to the unappropriated surplus of the 
General Fund. The transfer for fiscal year 2018-19 is estimated to be $351,394. 
The DHHS may receive requests from patients for reimbursement of the costs associated with obtaining a 2nd 
opinion, in cetiain circumstances. As it is not known how many individuals may make this request and how many 
individuals would receive reimbursement, no estimate of the increased costs is made at this time. 
The DHHS is also required to establish the medical marijuana research grant program to provide grant money to 
suppmi objective scientific research, including observational and clinical trials and existing research, on the efficacy 
of marijuana as part of medical treatment and the health effects of marijuana used as part of medical treatment. The 
program must be funded from the Medical Use of Marijuana Fund. The DHHS is required to adopt rules outlining 
requirements of the program including the amount of funds distributed and duration of the research, so no estimate of 
cost can be made at this time. 
Additionally, there is a potential increase in registration fees to the DHHS for facilities that registerto produce 
marijuana concentrate by a process involving inherently hazardous substances. Currently, manufacturing facilities are 
not required to register or notify the DHHS of their operations, so no estimates of the increase in registration fees or 
the increased costs to the DHHS for registration and auditing program compliance are made at this time. 
The bill also creates new registration tiers for manufacturing facilities, which could also increase the overall 
registration fees to the DHHS. As the decision to change the tier ofregistration lies with each provider, no estimate of 
the increase in registration fees are made at this time. 
The DHHS may no longer limit the number of registration cetiificates it issues to a person or entity to operate as a 
dispensary. Any new dispenseries would pay a $12,000 application fee, which would yield additional revenue. 
However, it is not know how many new registration ce1iificates will be awarded during the year, so no estimate of the 
increased revenue is made at this time. 
Any additional costs to the Department of Health and Human Services for rnlemaking, to repoti to the legislature on 
the new electronic tracking portal and to consult with statewide associations representing licensed medical 
professionals to develop and provide educational materials related to medical marijuana to medical providers are 
expected to be minor and can be absorbed within existing budgeted resources. 
Allowing facilities that test medical marijuana samples to operate in the absence of rules, clarifying that qualified and 
non qualified persons may manufacture marijuana concentrate by a process of extraction not involving inherently 
hazardous substances and establishing a process for persons to become authorized to produce marijuana concentrate 
by a process involving inherently hazardous substances may increase marijuana products sales. No estimate of the 
potential increase in General Fund and Local Government Fund revenues as a result of increased sales tax collections 
is made at this time. 
LR1833(03)- Fiscal Note - Page 2 of2