An Act To Amend Maine's Medical Marijuana Law
Maine Legislature, Session 128, LD 1539
Committee Amendment CA_A-SA_B_S501 (Senate)
Amends: 25 MRSA §1542-A

SENATE AMENDMENT "8" to COMMITTEE AMENDMENT "A" to H.P. 
1060, L.D. 1539, Bill, "An Act To Amend Maine's Medical Marijuana Law" 
Amend the amendment in section 15 in §2425-A in subsection 3 in the first blocked 
paragraph in the 2nd line (page 27, line 14 in amendment) by striking out the following: 
"Tht:" and inserting the following: 'Except as provided in subsection 3-A. the' 
Amend the amendment in section 15 in §2425-A by inserting after subsection 3 the 
following: 
'3-A. 
Criminal histo!!'.l'__lliord check for caregivers administering medical 
madjuana on school grounds. The department shall request a criminal history record 
check for a caregiver designated under section 2423-A. subsection 1, paragraph F-1, 
subparagraph (4). The department may not issue a registry identification card to an 
applicant who is not permitted to have a disqualifying drug offense or who would be 
denied an approval. credential, certification, authorization or renewal under Title 20-A, 
section 6103 or 13011 based on that criminal history record check. 
The criminal histo1y record check requested under this subsection must include criminal 
history record information obtained from the Maine Criminal Justice fuformation System 
established in Title 16. section 631 and the Federal Bureau of fuvestigation. The 
following provisions apply. 
A. The criminal history record information obtained from the Maine Criminal Justice 
fuformation System must include a record of public criminal history record 
information as defmed in Title 16. section 703. subsection 8. 
B. The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
C. A person subject to a criminal history record check under this section shall submit 
to having fmge;rprints taken. The State Police. upon payment of the fee, shall take or 
cause to be taken the person's fingerprints and shall forward the fmgerprints to the 
State Bureau of Identification so that the bureau can conduct state and national 
criminal history record checks. Except for the portion of the payment. if any, that 
constitutes the processing fee charged by the Federal Bureau of fuvestigation, all 
money received by the State Police for purposes of this paragraph must be paid over 
SENATE AMENDMENT 
c.. 
~y 
.~O 
SENATE AMENDMENT"~" to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
to the Treasurer of State. 
The money must be applied to the expenses of 
administration incurred by the Department of Public Safety. 
D. The subject of a Federal Bureau of Investigation criminal history record check 
may obtain a copy of the criminal history record check by following the procedures 
outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of 
a state criminal history record check may inspect and review the criminal history 
record information pursuant to Title 16, section 709. 
E. 
State and federal criminal history record information may be used by the 
department for the purpose of screening a child care provider or child care staff 
member in accordance with this chapter. 
F. Information obtained pursuant to this subsection is confidential. The results of 
criminal history record checks received by the department are for official use only 
and may not be disseminated to any other person or enti~ 
G. If a person is no longer subject to this chapter that person may request in writing 
that the State Bureau of Identification remove the person's fmgemrints from the 
bureau's fingerprint file. In response to a written request, the bureau shall remove the 
person's fingerprints from the :fingerprint file and provide written confirmation of that 
removal. 
The department, with the Department of Public Safety. Bureau of State Police, State 
Bureau of Identification. shall adopt rules to implement this subsection. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
Amend the amendment by inserting after section 27 the following: 
'Sec. 28. 25 MRSA §1542-A, sub-§1, ,IP is enacted to read: 
P. Who is required to have a criminal history record check under Title 22, section 
2425-A. subsection 3-A. 
Sec. 29. 25 MRSA §1542-A, sub-§3, 10 is enacted to read: 
0. The State Police shall take or cause to be taken the :fingerprints of the person 
named in subsection 1, paragraph P at the re9.Yest of that person or the Department of 
Administrative and Financial Services under Title 22. section 2425-A. subsection 
3-A. 
Sec. 30. 25 MRSA §1542-A, sub-§4, as repealed and replaced by PL 2017, c. 
409, Pt. B, §13, is amended to read: 
4. Duty to submit to State Bureau of Identification. It is the duty of the law 
enforcement agency taking the fmgerprints as required by subsection 3, paragraphs A, B 
and G to transmit immediately to the State Bureau of Identification the criminal 
:fingerprint record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or For 
pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless 
an express request is made by the commanding officer of the State Bureau of 
Identification. 
Fingerprints taken pursuant to subsection 1, paragraph G must be 
transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal history record checks for the Department of 
SENA TE AMENDMENT 
,, d,~s 
"'~-
SENATE AMENDMENT" i "to COMMITTEE AMENDMENT "A" to H.P. 1060, L.D. 1539 
Education. The bureau may not use the fingerprints for any purpose other than that 
provided for under Title 20-A, section 6103. The bureau shall retain the fingerprints, 
except as provided under Title 20-A, section 6103, subsection 9. 
Fingerprints taken 
pursuant to subsection 1, paragraph I and subsection 3, paragraph I must be transmitted 
immediately to the State Bureau of Identification to enable the bureau to conduct state 
and national criminal history record checks for the court and the Department of Public 
Safety, Gambling Control Board, respectively. Fingerprints taken pursuant to subsection 
1, paragraph J, K eF,. L or P must be transmitted immediately to the State Bureau of 
Identification to enable the bureau to conduct state and national criminal history record 
checks for the Department of Administrative and Financial Services,-Bareau ofRe:venue 
Services. Fingerprints taken pursuant to subsection 1, paragraph M must be transmitted 
immediately to the State Bureau of Identification to enable the bureau to conduct state 
and national criminal history record checks for the Board of Osteopathic Licensure, 
established in Title 32, chapter 36. Fingerprints taken pursuant to subsection 1, paragraph 
N must be transmitted immediately to the State Bureau of Identification to enable the 
bureau to conduct state and national criminal history record checks for the Board of 
Licensure in Medicine, established in Title 32, chapter 48. Fingerprints taken pursuant to 
subsection 1, paragraph M must be transmitted immediately to the State Bureau of 
Identification to enable the bureau to conduct state and national criminal history record 
checks for the State Board of Nursing. Fingerprints taken pursuant to subsection 1, 
paragraph O must be transmitted immediately to the State Bureau of Identification to 
enable the bureau to conduct state and national criminal history record checks under Title 
28-B, section 204.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment requires a caregiver designated to possess and administer medical 
marijuana for use by a qualifying patient who is enrolled in primary or secondary school 
to submit to the same background check applicable to education personnel. The 
background check required includes finge rinting. 
SPONSOREDBY:-&--',;;z.--"'---,-d'-~--j«--~-"3P--
FISCAL NOTE REQliih.:.~ 
COUNTY: Hancock 
(Ste attached) 
SENATE AMENDMENT 
Approved: 06/20/18 feac.. 
128th MAINE LEGISLArfURE 
LD 1539 
LR 1833(10) 
An Act To Amend Maine's Medical Marijuana Law 
Fiscal Note for Senate Amendment'~' to Committee Amendment "A" 
Sponsor: Sen. Langley of Hancock 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
The amendment requires a caregiver, who is not the patient's parent or guardian, designated to possess and administe· 
medical marijuana for use by a qualifying patient who is enrolled in a primary or secondary school to pass the same 
background check applicable to educational personnel, including fingerprinting. The additional costs to the 
Department of Public Safety (DPS) to process additional fingerprint checks are expected to be minor. The new fees 
received by DPS for fingerprint checks are expected to be minor.