An Act To Strengthen the Efficacy of the Medical Marijuana Laws
Maine Legislature, Session 128, LD 1135
Committee: Health and Human Services
Sponsors: CHACE, DENNO, FARRIN, GILLWAY, HARRINGTON, PICCHIOTTI, PIERCE, SAMPSON, LIBBY
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2425, 22 MRSA §2430-A

Legislative Document
No. 1135
H.P. 798
House of Representatives, March 23, 2017
An Act To Strengthen the Efficacy of the Medical Marijuana Laws
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CHACE of Durham.
Cosponsored by Representatives: DENNO of Cumberland, FARRIN of Norridgewock, 
GILLWAY of Searsport, HARRINGTON of Sanford, PICCHIOTTI of Fairfield, PIERCE of 
Dresden, SAMPSON of Alfred, Senator: LIBBY of Androscoggin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2422, sub-§1-A, as enacted by PL 2011, c. 407, Pt. B, §1, is 
amended to read: 
1-A.  Collective.  "Collective" means an association, cooperative, affiliation or group 
of primary caregivers who physically assist, physically or by electronic or any other 
means, each other in the act of cultivation, processing, marketing or distribution of 
marijuana for medical use for the benefit of the members of the collective.  There is a 
rebuttable presumption that a collective is created if 6 or more primary registered 
caregivers are located on the same parcel of land. 
Sec. 2.  22 MRSA §2423-A, sub-§2, ¶C, as amended by PL 2013, c. 516, §6, is 
further amended to read: 
C.  Assist a maximum of 5 patients who have designated the primary caregiver for a 
period of one calendar month or more to cultivate marijuana for their medical use; 
Sec. 3.  22 MRSA §2423-A, sub-§9, as reallocated by RR 2011, c. 1, §31, is 
amended to read: 
9.  Collectives prohibited.  Collectives are prohibited under this chapter.  A person 
may not form or participate in a collective.  A person who violates this subsection loses 
that person's primary caregiver registration for no less than 2 years and commits a Class 
D crime for which a fine of not less than $2,000 may be imposed, none of which may be 
suspended. 
Sec. 4.  22 MRSA §2423-A, sub-§13 is enacted to read: 
13.  Local regulation.  This chapter does not prohibit a political subdivision of this 
State from limiting the number of registered primary caregivers that may operate in the 
political subdivision or from enacting reasonable regulations applicable to primary 
caregivers. 
Sec. 5.  22 MRSA §2425, sub-§8, ¶A, as amended by PL 2013, c. 516, §13, is 
further amended to read: 
A.  Applications and supporting information submitted by qualifying patients and 
registered patients under this chapter, including information regarding their primary 
caregivers and medical providers, are confidential. 
Sec. 6.  22 MRSA §2425, sub-§8, ¶B, as amended by PL 2013, c. 516, §13, is 
further amended to read: 
B.  Applications and supporting information submitted by primary caregivers and 
medical providers operating in compliance with this chapter are confidential. 
Sec. 7.  22 MRSA §2425, sub-§8, ¶B-1 is enacted to read: 
B-1.  Upon request of a law enforcement official, a town code enforcement officer, a 
town planning board or any other local, state or law enforcement authority, a primary 
caregiver shall disclose any of the information contained in applications and 
supporting information submitted to the department with the exception of information 
that identifies a qualifying patient, a registered patient and the registered patient's 
medical provider. Information that identifies a qualifying patient, a registered patient 
and the registered patient's medical provider is confidential. 
Sec. 8.  22 MRSA §2425, sub-§8, ¶F, as amended by PL 2013, c. 516, §13, is 
further amended to read: 
F.  Applications, supporting information and other information regarding a registered 
dispensary are not confidential except that information that is contained within 
dispensary information that identifies a qualifying patient, a registered patient, and 
the registered patient's medical provider and the primary caregiver of the qualifying 
patient or registered patient is confidential. 
Sec. 9.  22 MRSA §2430-A, as amended by PL 2015, c. 475, §26, is repealed and 
the following enacted in its place: 
§2430-A.  Compliance 
1.  Compliance; testing.  The department may take action necessary to ensure 
compliance with this chapter, including, but not limited to, obtaining, possessing and 
performing laboratory testing on marijuana from registered primary caregivers and 
registered dispensaries in accordance with this chapter. 
2.  Registered primary caregiver penalties.  A registered primary caregiver who 
fails to comply with the provisions of this chapter commits a civil violation for which a 
fine of not less than $200 and not more than $500 must be adjudged. Each day of 
violation constitutes a separate offense. A person who at the time of the violation of the 
provisions of this chapter has been previously found to have violated this chapter 
commits a Class D crime. 
3.  Registered dispensary penalties.  A registered dispensary that fails to comply 
with the provisions of this chapter commits a civil violation for which a fine of not less 
than $500 and not more than $1,000 must be adjudged. Each day of violation constitutes 
a separate offense. A registered dispensary that at the time of the violation of the 
provisions of this chapter has been previously found to have violated this chapter 
commits a Class D crime. 
4.  Penalties for failure to register as primary caregiver.  A person who fails to 
register as a primary caregiver and who engages in conduct that is only authorized for a 
registered primary caregiver in accordance with this chapter commits a civil violation for 
which a fine of not less than $500 and not more than $1,000 must be adjudged. Each day 
of violation constitutes a separate offense. A person who at the time of the violation of 
the provisions of this chapter has been previously found to have violated this chapter 
commits a Class D crime. 
5.  Penalties for failure to register as a dispensary.  A person, firm, partnership, 
association, corporation or other entity that fails to register as a dispensary and that 
engages in conduct that is only authorized for a registered dispensary in accordance with 
this chapter commits a civil violation for which a fine of not less than $1,000 and not 
more than $5,000 must be adjudged. Each day of violation constitutes a separate offense. 
A person, firm, partnership, association, corporation or other entity that at the time of the 
violation of the provisions of this chapter has been previously found to have violated this 
chapter commits a Class D crime. 
6.  Injunctive relief.  Notwithstanding any other remedies provided by law, the 
Office of the Attorney General may seek an injunction to require a registered primary 
caregiver, a registered dispensary, a person who fails to register as a primary caregiver 
and who engages in conduct that is only authorized for a registered primary caregiver or a 
person or entity that fails to register as a dispensary and that engages in conduct that is 
only authorized for a registered dispensary to comply with the provisions of this chapter. 
When an injunction has been issued in accordance with this chapter, the District Court 
may order the registered primary caregiver, the registered dispensary or the person or 
entity subject to the injunction to pay to the General Fund the costs of the investigation 
incurred by the Office of the Attorney General and the costs of suit, including attorney's 
fees. 
7.  Violation of injunction.  The Office of the Attorney General may seek court 
action against a registered primary caregiver, a registered dispensary or a person or entity 
for violation of the terms of an injunction issued under subsection 6.  The District Court 
may make the necessary orders or judgments regarding violation of the terms of the 
injunction, including but not limited to imposition of a fine of not less than $500 nor 
more than $1,000 for each violation. Each day of violation constitutes a separate offense. 
8.  Burden of proof.  The department must prove by a preponderance of the evidence 
that the alleged violations of this chapter occurred. 
Sec. 10.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Medical Use of Marijuana Fund Z118 
Initiative:  Provides funding for one Office Associate II position to handle additional 
clerical duties expected with a change in the limit on the number of patients a primary 
caregiver can serve. 
OTHER SPECIAL REVENUE FUNDS 
2017-18
2018-19
POSITIONS - LEGISLATIVE COUNT 
1.000
1.000
Personal Services 
$44,869
$61,854
All Other 
$4,709
$6,278
OTHER SPECIAL REVENUE FUNDS TOTAL 
$49,578
$68,132
SUMMARY 
This bill makes the following changes to the Maine Medical Use of Marijuana Act: 
1.  The limit on the number of qualifying patients a primary caregiver may assist is 
clarified to be for a period of one calendar month or more; 
2.  The definition of a collective is strengthened; 
3.  The penalties for participation in a collective are enhanced; 
4.  A level of local control is provided by allowing a municipality to limit the number 
of primary caregivers that may operate within that municipality and allowing for 
enactment of reasonable municipal regulations applicable to primary caregivers; 
5.  The confidentiality provisions of primary caregivers are removed; 
6.  A primary caregiver and a registered dispensary are subject to fines for violations 
of the provisions of the Act or for failing to register as a primary caregiver or dispensary; 
7.  Fines prescribed for violations of the Act are mandatory; 
8.  The Office of the Attorney General may seek an injunction to require a registered 
primary caregiver, a registered dispensary, a person who fails to register as a primary 
caregiver and who engages in conduct that is only authorized for a registered primary 
caregiver or a person or entity that fails to register as a dispensary and that engages in 
conduct that is only authorized for a registered dispensary to comply with the Act. The 
District Court may order the registered primary caregiver, the registered dispensary or the 
person or entity to pay the costs of the investigation and the costs of suit, including 
attorney's fees; 
9.  The Office of the Attorney General may seek court action against a registered 
primary caregiver, a registered dispensary or a person or entity for violation of an 
injunction, including but not limited to imposition of a fine; and 
10.  The Department of Health and Human Services' burden of proof for a violation 
of the Act is a preponderance of the evidence. 
The bill also includes an appropriations and allocations section.