An Act To Amend Maine's Medical Marijuana Law
Maine Legislature, Session 128, LD 1539
Committee Amendment CA_A-HA_A_H799 (House)
Amends: 22 MRSA §2422-A, 28-B MRSA §102, 36 MRSA §191

HOUSE AMENDMENT 
114-" to COMMITTEE AMENDMENT "A" to H.P. 1060, 
L.D. 1539, Bill, "An Act To Amend Maine's Medical Marijuana Law" 
Amend the amendment by striking out all of sections 1 to 3. 
Amend the amendment in section 6 in the first line (page 3, line 3 in amendment) by 
striking out the following: 
112015, c. 475, §§1 to 5" and inserting the following: 12017, c. 
409, Pt. B, §2' 
Amend the amendment in section 6 by striking out all of subsections 1-C to 2 (page 
3, lines 22 to 38 and page 4, lines 1 to 7 in amendment) and inserting the following: 
'1 C. Commissioner. 
11Commissioner
means the Commissioner of Administrative 
Ancl :Pin:inniAl >:Af'fiees. 
1-D. Assistant. "Assistant" means a person paid to perfo1m a service for a caregiver1 
dispensary, manufacturing facility or marijuana testing facility in accordance with this 
chapter, whether as an employee or independent contractor. 
1-E. 
Child-resistant. 
"Child-resistant" means, with respect to packaging or a 
container: 
A. Specially designed or constructed to be significantly difficult for a typical child 
under 5 years of age to open and not to be significantly difficult for a typical adult to 
open and reseal: and 
B. With respect to any product intended for more than a single use or that contains 
multiple servings, resealable. 
2. Debilitating medieal eondition. "Debilitating medical condition" means: 
A. Caneer, glauooma, positive status fer human imnmnodefieienoy virus, acquired 
immune deflciooey syndrome, hepatitis C, amyotrophio lateral sclerosis, agitation of 
Alzheimer
1s disease, nail patella syndrome or the treatment of these conditions; 
B. 
A ohrenio or debilitating disease or medical condition or its treatment that 
produoes intraotable pam, vA1ioh is pain that has not responded to ordinary medioal or 
1111rl'.11AA1111AAIIHrA!'I fut• 111At'A thAn "111onth11~ 
HOUSE AMENDMENT 
R.dS, 
HOUSE AMENDMENT ·A "to COMMITTEE AMENDMENT "A" to H.P, 1060, L.D. 1539 
C. 
A oruonie or debilitating disease or medioal condition or its treatment that 
produees one or more of the following: eachexia or v1asting syndrome; severe nausea; 
or seizures, including but not limited to those characteristic of epilepsy; 
D. Any other medical oondition or its treatment as provided for in section 2424, 
subsection 2; or 
E. Post traumatic stress disorder, inflammatory b01.vel disease, dyskinetic and spastic 
moyement disorders and other diseases oausing severe and persistent muscle spasms. 
:2 A. 
Department. 
11Depaitment
means the Department of A.drninistratiYe and 
Finaneial Services.' 
Amend the amendment in section 6 in §2422 in subsection 4-C in the last line (page 
4, line 41 in amendment) by striking out the following: ''or a physician assistant
and 
inserting the following: 1, a physician assistant or a naturopathic doctor' 
Amend the amendment in section 6 in §2422 by inserting after subsection 5-C the 
following: 
15-D. Naturopathic doctor. 
11Naturopathic doctor" means a person licensed as a 
naturopathic doctor under Title 32, chapter 113-B.1 
Amend the amendment by inserting after section 6 the following: 
1Sec. 7. 22 MRSA §2422-A, as enacted by PL 2017, c. 409, Pt. E, §3, is repealed.' 
Amend the amendment in section 8 in the first line (page 17, line 31 in amendment) 
by striking out the following: 
112015, c. 475, §15
and inserting the following: '2017, c. 
409, Pt. E, §41 
Amend the amendment in section 8 in §2423wB by striking out all of subsection 2 
(page 18, lines 1 to 20 in amendment) and inserting the following: 
'2. Minor qualifying patient, Prior to proyiding written certification for the medical 
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l'fj. 
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d 
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d' l 
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use o manJuanay a mmor qua 1~rng patJ.ent un er ~1s seot10n, a me 1oa pro-v1 er, 
refurrt;d to in this subseotion as 
11the treating medieal provider,
shall inform the minor 
qualifying patient and the parent or legal guardian of the patient of the risks and benefits 
of the medical use of marijuana and that the patient may benefit from the medioal use of 
marijuana. Except with regard to a minor qualifj•ing patient who is eligible for hospice 
care, prior to providing a written oertifioation under this section, the treating medical 
pro:i,rider shall oonsult with a qualified physician, referred to in this paragraph as 
11the 
consulting physician, 
from a list of physicians 1Nho may be willing to aet as consulting 
physicians maintained by the depaitment that is compiled by the department after 
consultation vtith the Depaitment of Health and Human Services and statewide 
associations representing licensed medical professionals. The consultation between the 
treating medieal proYider and the consulting physieian may consist of eKamination of the 
patient or rtwiew of the patient's medical file. The oonsulting physician shall provide an 
advisory opinion to the treating medioal proyider and the parent or legal guardian of the 
minor qualifj•ing patient oonoerning 1;ithether the patient is likely to receive therape-utio or 
palliative benefit from the medioal use of marijuana to treat 01· alleviate the patient!& 
debilitating medical oondition. If the department or the consulting physieian does not 
resnond to a reauest bv the treatin1r medieal nrovider within 10 davs of receint of the 
HOUSE AMENDMENT 
f\. ot s. 
HOUSE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
fequest, the treating medical provide!! may preyide written certificatio:a. fOf treatment 
vlithout consultation 'tvith a f)hysician. 1 
Amend the amendment in section 12 in §2423-F by striking out all of subsection 13 
(page 25, lines 19 to 32 in amendment) and inserting the following: 
'13. Colocation of facilities. A manufacturing facility that is also licensed as a retail 
marijuana products manufacturing facility under Title 28-B, chapter 1 may manufacture 
marijuana products and marijuana concentrate within the same facility in which the 
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 28-B, chapter 
~ 
A, 
Manufacturing-related and nonmanufacturing-related equipment, except that 
manufacturing-related eguipment may not be simultaneously used for manufacturing 
pursuant to this chapter and pursuant to Title 28-B, chapter 1; 
B. Manufacturing-related and nonmanufacturing-related supplies or products not 
containing harvested marijuana and the storage areas for those supplies or products: 
and 
C. General office space, bathrooms, entryways and walkways.' 
Amend the amendment in section 13 in the first line (page 25, line 33 in amendment) 
by striking out the following: 
112013, c. 394, §l II and insetting the following: 12017, c. 
409, Pt. E, §§5 and 61 
Amend the amendment in section 13 in §2424 by striking out all of subsections 1 and 
(page 25, lines 36 to 40 and page 26, lines 1 to 7 in amendment) and inserting the 
following: 
'1-A. Rulemaking. The department may adopt rules to carry out the purposes of this 
chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
2, Adding debilitating medieal eonditions. The department in aooordanoe vlith 
seotion 2422, subsection 2, paragraph D shall adopt rules regarding tho consideration of 
f)otitions 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 f)etitions, 
the department shall consult with the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention and prn:vide an opportunity for publio hearing 
of, and an Oflpm.tunity to oomment on those petitions. Aftef the hearing, the 
commissioner shall af)f)t'ove or Eleny a f)Stition vt':ithin 180 days of its submission. The 
approval or denial of suoh a petition constitutes final agency aotion, subject to judicial 
revievl. Judsdiction and venue for judioial review are 1rested in the Superiof Court.' 
Amend the amendment in section 14 in the first line (page 26, line 33 in amendment) 
by striking out the following: "corrected by RR 2017, c. 1, §13
and inserting the 
following: 'amended by PL 2017, o. 409, Pt. E, §§7 and 81 
HOUSE AMENDMENT 
"'d t,. 
HOUSE AMENDMENT "A "to COMMITIEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
Amend the amendment in section 15 in §2425-A in subsection 10 in paragraph Gin 
the last line (page 30, line 29 in amendment) by striking out the following: "7. chapter 
and inserting the following: 128-B, chapter 11 
Amend the amendment in section 19 in the first line (page 34, line 26 in amendment) 
by striking out the following: 
112015, c. 475, §§22 to 24
and inserting the following: 
12017, c. 409, Pt. E, §9' 
Amend the amendment in section 19 in §2428 by striking out all of subsection 11 
(page 41, lines 27 to 33 in amendment) and inserting the following: 
111. Limitation on number of dispensaries. The department shall adopt rules 
limiting the numb61' and location of regist61'ed dispensaries. During 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 of 
Health and Human Services, as defined in section 411. Aft61' rsview of the first full year 
of operation of dispensaries and periodically thereafter, the department may amend-the 
rules on the number and location of dispensaries; hov1e11er, the number of dispensaries 
may not be less than 8. 1 
Amend the amendment in section 27 in the first line (page 46, line 16 in amendment) 
by striking out the following: "2430-G" and inserting the following: '2430-H' 
Amend the amendment by striking out all of section 28 and inserting the following: 
1Sec. 28, 28-B MRSA §102, sub-§46, as enacted by PL 2017, c. 409, Pt. A, §6, is 
amended to read: 
46. Registered dispensary. "Registered dispensary" means a nonprofit dispensary 
that is registered pursuatlt to has the same meaning as in Title 22, section ~ 
24221 
subsection 6. 
Sec. 29. 36 MRSA §191, sub-§3-B, as enacted by PL 2013, c. 595, Pt. J, §2 and 
affected by §4, is amended to read: 
3-B. Additional restrictions for certain information provided by the Department 
of 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 l. 1 
Amend the amendment by inserting after section 31 the following: 
'Sec. 32. PL 2017, c. 409, Pt. E, §12 is repealed. 
Sec. 33. Maine Revised Statutes, Title 28-B amended; revision clause. 
Wherever in the Maine Revised Statutes, Title 28-B the words 
11prima1y caregiver" 
appear, or reference is made to that entity or those words, those words are amended to 
read or mean, as appropriate, 
11caregiver
and wherever the words "registered primary 
caregiver" appear, or reference is made to that entity or those words, those words are 
amended to read or mean, as appropriate, "registered caregiver.
The Revisor of Statutes 
shall implement these revisions when updating, publishing or republishing the statutes.' 
HOUSE AMENDMENT 
~.(fl~. 
HOUSE AMENDMENT" A 
"to COMMITTEE AMENDMENT "A" to H.P, 1060, L.D. 1539 
Amend the amendment in section 32 in the first line (page 54, line 13 in amendment) 
by striking out the following: "Affairs" and inserting the following: 'Services' 
Amend the amendment by inserting after section 3 5 the following: 
'Sec. 36. 
Transfer of funds; Medical Use of Marijuana Fund. 
Notwithstanding any provision of law to the contrary, the State Controller, no later than 5 
days after the effective date of this Act, shall transfer the balance of the Medical Use of 
Marijuana Fund in the Department of Administrative and Financial Services to the 
Medical Use of Marijuana Fund in the Department of Health and Human Services. 
Sec. 37. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Medical Use of Marijuana Fund N280 
Initiative: Removes an allocation for 1.2 Public Service Coordinator II positions no 
longer being moved from the Medical Use of Mal'ijuana Fund within the Department of 
Health and Human Services to the Medical Use of Marijuana Fund within the Department 
of Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOT AL 
Medical Use of Marijuana Fund N280 
2017-18 
$0 
$0 
2018-19 
($140,751) 
($140,751) 
Initiative: Removes an allocation for 0.5 Office Assistant II position no longer being 
moved from the Medical Use of Marijuana Fund within the Department of Health and 
Human Services to the Medical Use of Marijuana Fund within the Department of 
Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Medical Use of Marijuana Fund N280 
2017-18 
$0 
$0 
2018-19 
($29,636) 
($29,636) 
Initiative: Removes allocations for one Office Associate II position, one Social Services 
Manager I position, one Office Specialist I position and 2 Field Investigator positions no 
longer being moved from the Medical Use of Marijuana Fund within the Department of 
Health and Human Services to the Medical Use of Marijuana Fund within the Department 
of Administrative and Financial Services. 
HOUSE AMENDMENT 
I\. di S, 
HOUSE AMENDMENT" A " to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS ~ LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHERSPECIALREVENUEFUNDSTOTAL 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Maine Center for Disease Control and Prevention 0143 
2017-18 
2018-19 
0.000 
(5.000) 
$0 
($375,123) 
$0 
($540,421) 
$0 
($915,544) 
2017-18 
2018-19 
$0 
($1,085,931) 
$0 
($1,085,931) 
Initiative: Removes an ongoing allocation to restore to the Department of Health and 
Human Services the 0.5 Office Assistant II position that is no longer being moved with 
the Medical Use of Marijuana Fund as it is transfen·ed from the Department of Health and 
Human Services to the Department of Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Maternal and Child Health Block Grant Match Z008 
2017-18 
$0 
$0 
2018-19 
($29,636) 
($29,636) 
Initiative: Removes an ongoing appropriation to restore to the Department of Health. and 
Human Services the 1.2 Public Service Coordinator II positions that are no longer being 
moved with the Medical Use of Marijuana Fund as it is transferred from the Department 
of Health and Human Services to the Department of Administrative and Financial 
Services. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOT AL 
Medical Use of Marijuana Fund Z118 
2017-18 
$0 
$0 
2018-19 
($140,751) 
($140,751) 
Initiative: Reinstates the allocation for 0.5 Office Assistant II position that is no longer 
being moved with the Medical Use of Marijuana Fund as it is transferred from the 
HOUSE AMENDMENT 
\\. °' s. 
HOUSE AMENDMENT "A "to COMMITIEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
Department of Human Services to the Department of Administrative and Financial 
Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Medical Use of Marijuana Fund Z118 
2017-18 
$0 
$0 
2018-19 
$29,636 
$29,636 
Initiative: Reinstates the allocation for 1.2 Public Service Coordinator II positions that are 
no longer being moved with the Medical Use of Marijuana Fund as it is transferred from 
the Department of Health and Human Services to the Department of Administrative and 
Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Medic.al Use of Marijuana Fund Z118 
2017-18 
$0 
$0 
2018-19 
$140,751 
$140,751 
Initiative: Allocates for one Office Associate II position, one Social Services Manager I 
position, one Office Specialist I position and 2 Field Investigator positions that are no 
longer being moved from the Medical Use of Marijuana Fund within the Department of 
Health and Human Services to the Medical Use of Marijuana Fund within the Department 
of Administrative and Financial Services. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLA TIVB COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOT AL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
HOUSE AMENDMENT 
2018-19 
5.000 
$375,123 
$540,421 
$915,544 
2018-19 
($140,751) 
$1,056,295 
$915,544 
t\. o\ ~. 
HOUSE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2017-18 
$0 
$0 
$0 
2018-19 
($140,751) 
($29,636) 
($170,387) 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment changes the agency responsible for the administration of the Maine 
Medical Use of Marijuana Act program from the Department of Administrative and 
Financial Services to the Department of Health and Human Services. This amendment 
also allows naturopathic doctors to provide written certifications for the medical use of 
marijuana. 
This amendment also corrects cross-references and terms in the Maine Medical Use 
of Marijuana Act to conform to the Maine Revised Statutes, Title 28-B, Adult Use 
Marijuana, as enacted in Public Law 2017, chapter 409, including providing for the 
change in the terms 
11pdmary caregiver" and "registered primary caregiver" to "caregiver" 
and "registered caregiver, 
respectively. 
FISCAL NOT" REQUIRED 
(Representativ 
TO~inthrop 
.. (S/e/ttach~d) 
t#-Kvi~i---
HOUSE AMENDMENT 
Approved: 06/20/18 feac 
LD 1539 
LR 1833(09) 
An Act To Amend Maine's Medical Marijuana Law 
Fiscal Note for House Amendment'~' to Committee Amendment "A" 
Sponsor: Rep. Hickman of Winthrop 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017w18 
$0 
$0 
$0 
$0 
FY2018-19 
($140,751) 
($140,751) 
($29,636) 
$0 
Projections 
FY2019-20 
($140,751) 
($140,751) 
($29,636) 
$0 
Projections 
FY 2020w21 
($140,751) 
($140,751) 
($29,636) 
$0 
This amendment would repeal sections of P .L. 2017, Chapter 409 that transferred the administration and enforcement 
of the Maine Medical Use of Marijuana Act from the Department of Health and Human Services (DHHS) to the 
Department of Administrative and Financial Services (OAFS). The amendment includes net deallocations to OAFS 
of $1,085,931 and 6.25 positions beginning in fiscal year 2018-19 for the transfer from the Medical Use of Marijuana 
Fund within OAFS back to the Medical Use of Marijuana Fund within DHHS. 
The amendment includes net allocations to DHHS of $1,056,295 beginning in fiscal 2018-19 to repeal the transfer of 
the Medical Use of Marijuana Fund within the Department of Health and Human Services to the Medical Use of 
Marijuana Fund within the Department of Administrative and Financial Services. Additionally, $140,751 is 
deappropriated from the Maternal and Child Health Block Grant Match program in DHHS and $29,636 is deallocated 
to the Maine Center for Disease Control and Prevention to eliminate the creation of 1.2 Public Service Cool'dinator II 
positions and 0.5 Office Assistant II positions, since the positions they were created to replace will no longer be 
moving with the Medical Use of Marijuana Fund to OAFS. 
LRI 833(09) - Fiscal Note - Page 1 of l