An Act To Amend Maine's Medical Marijuana Law
Maine Legislature, Session 128, LD 1539
Committee: Health and Human Services
Sponsors: SANDERSON
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-B, 22 MRSA §2423-D, 22 MRSA §2423-E, 22 MRSA §2424, 22 MRSA §2425, 22 MRSA §2426, 22 MRSA §2428, 22 MRSA §2430-A

Legislative Document
No. 1539
H.P. 1060
House of Representatives, April 27, 2017
An Act To Amend Maine's Medical Marijuana Law
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SANDERSON of Chelsea.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2422, sub-§§1-C to 1-E are enacted to read: 
1-C.  Cannabis.  "Cannabis" or "marijuana" means any part of the cannabis plant 
including the leaves, seeds, stems and flowers of all species of the plant genus Cannabis, 
whether growing or not, and the resin and cannabinoids extracted for medical use from 
any part of that plant. "Cannabis" or "marijuana" includes prepared cannabis products, 
such as edibles, tinctures, infusions, extractions, distillations and purifications. 
1-D.  Cannabis plant or marijuana plant.  "Cannabis plant" or "marijuana plant" 
means the genus of the plant that includes the 3 species of Cannabis sativa, Cannabis 
indica and Cannabis ruderalis or their hybrids. 
1-E.  Clone.  "Clone" means a rooted cutting from a cannabis plant that is the same 
size as a seedling. 
Sec. 2.  22 MRSA §2422, sub-§2, ¶B, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
B.  A chronic or debilitating disease or medical condition or its treatment that 
produces intractable pain, which is pain that has not responded to ordinary medical or 
surgical measures for more than 6 months or which is pain that, in the medical 
provider's opinion, is not managed effectively by prescription narcotics; 
Sec. 3.  22 MRSA §2422, sub-§2, ¶D, as amended by PL 2013, c. 361, §1, is 
further amended to read: 
D.  Any other medical condition or its treatment as provided for in section 2424, 
subsection 2; or 
Sec. 4.  22 MRSA §2422, sub-§2, ¶E, as enacted by PL 2013, c. 361, §1, is 
amended to read: 
E.  Post-traumatic stress disorder, inflammatory bowel disease, dyskinetic and spastic 
movement disorders and other diseases causing severe and persistent muscle spasms.; 
or 
Sec. 5.  22 MRSA §2422, sub-§2, ¶F is enacted to read: 
F.  A diagnosed medical condition that, in the patient's medical provider's opinion, 
may be alleviated by the therapeutic use of cannabis. 
Sec. 6.  22 MRSA §2422, sub-§3, as amended by PL 2011, c. 407, Pt. B, §3, is 
further amended to read: 
3.  Enclosed, locked facility.  "Enclosed, locked facility" means a closet, room, 
building, greenhouse or other enclosed indoor or outdoor area that is enclosed and 
equipped with locks or other security devices that permit access only by the individual 
authorized to cultivate the marijuana under this chapter. 
Sec. 7.  22 MRSA §2422, sub-§3-A, as enacted by PL 2013, c. 503, §1, is 
amended to read: 
3-A.  Extended inventory supply interruption.  "Extended inventory supply 
interruption" means any circumstance that prevents the patient's designated cultivation 
source from providing for an extended period of time marijuana for medical use for the 
patient's qualifying debilitating medical condition.  "Extended inventory supply 
interruption" includes any circumstance that: 
A.  Requires a registered dispensary or a patient's designated primary caregiver to 
limit for more than a 2-week period the amount that a patient may purchase to less 
than 2 1/2 ounces during a 15-day period; or 
B.  Prevents a registered dispensary from consistently offering for a 2-week period or 
longer a full range of strains of marijuana, including but not limited to strains rich in 
cannabidiol, to a patient.; 
C.  Prevents an authorized primary caregiver who has been designated to cultivate 
marijuana from initially or consistently offering for a 2-week period or longer the 
strain of marijuana needed for the qualifying patient's medical use; or 
D.  Results in catastrophic crop failure. 
Sec. 8.  22 MRSA §2422, sub-§3-B is enacted to read: 
3-B.  Excess marijuana.  "Excess marijuana" means an amount of harvested 
marijuana or the number of cannabis plants that is greater than the quantities permitted 
under this chapter and rules adopted by the department.  "Excess marijuana" includes any 
incidental amount of marijuana. 
Sec. 9.  22 MRSA §2422, sub-§4-A, as amended by PL 2015, c. 475, §2, is 
further amended to read: 
4-A.  Incidental amount of marijuana.  "Incidental amount of marijuana" means an 
amount of nonflowering marijuana plants; marijuana, including the seeds, stalks, leaves, 
stems and roots; and harvested, dried unprepared marijuana defined by rules adopted by 
the department, that is not intended for medical use.  An incidental amount of marijuana 
is considered disposable and is not included when calculating the total usable amount. 
Sec. 10.  22 MRSA §2422, sub-§4-B, as enacted by PL 2011, c. 407, Pt. B, §4, is 
amended to read: 
4-B.  Mature marijuana plant.  "Mature marijuana plant" means a harvestable 
flowering female marijuana cannabis plant that is flowering. 
Sec. 11.  22 MRSA §2422, sub-§§4-D and 4-E are enacted to read: 
4-D.  Harvested marijuana.  "Harvested marijuana" means marijuana including all 
forms of cannabis and cannabis concentrations, infusions, purifications and extractions, 
derived by physical means or solventless or solvent-based extractions, for medical use by 
a patient, but does not include the seeds, stalks, leaves and roots of the plant that are not 
dried for use and that are disposed of.  In calculating the weight of harvested marijuana to 
determine the total amount in possession, the ingredients, other than cannabis, contained 
in prepared cannabis products, including ointments and other topicals, tinctures, extracts 
and edible products, are not included. The harvested marijuana intended for use by a 
patient that is not yet dried to be suitable for a patient's use is considered to be no more 
than 25% of the actual weight to account for moisture content. 
4-E.  Immature plant.  "Immature plant" means a nonflowering plant of which the 
main stalk measures more than 24 inches from the grow medium to the apex of the plant 
or more than 18 inches measuring from the main stalk of the plant to the most distant 
point of the plant's leaf stem or branch. 
Sec. 12.  22 MRSA §2422, sub-§5-B, as enacted by PL 2011, c. 407, Pt. B, §6, is 
amended to read: 
5-B.  Members of the same household.  "Members of the same household" means 2 
or more people residents of the State who share reside in a shared dwelling unit. 
Sec. 13.  22 MRSA §2422, sub-§5-D is enacted to read: 
5-D.  Nonflowering plant.  "Nonflowering plant" means a cannabis plant that is in a 
stage of growth where the plant's pistils are not showing or are in a preflowering stage, 
showing only pistils protruding in pairs from scattered calyxes. 
Sec. 14.  22 MRSA §2422, sub-§6-B is enacted to read: 
6-B.  On-site assessment.  "On-site assessment" means an inspection of premises by 
the department for the purpose of assessing compliance with this chapter or rules adopted 
under this chapter. 
Sec. 15.  22 MRSA §2422, sub-§13-A, as enacted by PL 2011, c. 407, Pt. B, §13, 
is amended to read: 
13-A.  Tamper-resistant paper.  "Tamper-resistant paper" means paper issued by 
the department 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. 
Sec. 16.  22 MRSA §2422, sub-§14, as amended by PL 2013, c. 516, §4, is 
further amended to read: 
14.  Prepared marijuana.  "Prepared marijuana" means the dried harvested 
marijuana leaves and flowers and the by-products of the dried leaves and flowers of the 
marijuana cannabis plant that require no further processing and any mixture or 
preparation of those dried leaves and flowers and by-products, including but not limited 
to tinctures, ointments, extracts, edibles 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 prepared with 
marijuana as an ingredient for human consumption. 
Sec. 17.  22 MRSA §2422, sub-§14-B is enacted to read: 
14-B.  Seedling.  "Seedling" means a nonflowering plant that measures 24 inches or 
less from the plant stalk at the grow medium to the apex of the plant and measures 18 
inches or less from the plant stalk to the most distant point of the plant's leaf stem. 
Sec. 18.  22 MRSA §2423-A, as amended by PL 2015, c. 475, §§6 to 14, 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 ounces of prepared the allowable amount of harvested 
marijuana and an incidental amount of marijuana for medical use as provided in 
subsection 5 5-A; 
B.  Cultivate, or designate a primary caregiver to cultivate under paragraph F, up to a 
total of 6 mature marijuana plants for that qualifying patient, except that a visiting 
qualifying patient may not cultivate.  The total number of mature marijuana plants 
per qualifying patient, whether cultivated by the patient or by a primary caregiver, 
may not exceed 6.  In addition to the 6 mature marijuana plants, the patient who is 
cultivating the patient's own marijuana may have harvested marijuana in varying 
stages of processing in order to ensure the patient is able to maintain supply and meet 
personal needs. A qualifying patient, including a patient who cultivates, and a visiting 
qualifying patient may have one primary caregiver designated to cultivate on behalf 
of the patient. No more than a total of 6 mature marijuana plants may be cultivated 
for medical use for a qualifying patient whether cultivated by the patient or the 
primary caregiver on behalf of the patient.  Two or more qualifying patients who are 
members of the same household and cultivating their own marijuana may share one 
enclosed, locked facility for cultivation to cultivate and process marijuana for 
medical use; 
C.  Possess marijuana paraphernalia; 
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 marijuana or cannabis plants or seeds 
if nothing of value is offered or transferred in return; 
E.  Designate one person authorized persons, including hospice provider providers or 
a nursing facility, as a noncultivating primary caregiver caregivers to assist with the 
qualifying patient's medical use of marijuana in a standardized written document, 
developed by the department, signed and dated by the qualifying patient, including a 
one-year or the qualifying patient's legal guardian or representative, that includes an 
expiration date not to exceed the expiration date of the written certification and the 
signed acknowledgment of the each primary caregiver that the primary caregiver may 
be contacted to confirm the information on the designation of the primary caregiver 
form.  A 2nd person or hospice provider or nursing facility may be designated as a 
2nd primary caregiver  if the patient is under 18 years of age. The designation form 
must indicate that the authorized persons are acting as noncultivating primary 
caregivers for the patient. A primary caregiver who is not specified as a cultivation 
source on a patient's designation form may not cultivate on behalf of the patient.  The 
primary caregivers for a patient are determined solely by the patient's preference 
except that a parent, guardian or person having legal custody shall serve as a primary 
caregiver for a minor child; 
F.  Designate one 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 qualifying 
patient must designate the primary caregiver or registered dispensary to cultivate for 
the patient in a standardized written document, developed by the department, signed 
and dated by the qualifying patient, which must include a one-year an expiration date 
that does not exceed the expiration date of the written certification, the total number 
of mature plants the primary caregiver is designated to cultivate the primary caregiver 
or registered dispensary and the signed acknowledgment of the primary caregiver or 
registered dispensary that the primary caregiver or registered dispensary may be 
contacted to confirm the information on 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 patient or the signed acknowledgment of a person on behalf of the 
registered dispensary that the registered dispensary may be contacted to confirm the 
designation of the dispensary to cultivate for the patient and the number of mature 
plants to be cultivated and being cultivated for the patient form;  
G.  Be in the presence or vicinity of the medical use of marijuana and assist any 
qualifying patient with using or administering marijuana after verifying the written 
certification;  
H.  Accept excess prepared marijuana from a registered dispensary or a primary 
caregiver in accordance with subsection 2, paragraph H if nothing of value is 
provided to the primary caregiver; and 
I.  Provide samples to a marijuana testing facility for testing and research purposes.; 
and 
J.  Notwithstanding paragraphs B, E and F, acquire marijuana, including cannabis 
plants, clones and seedlings, in accordance with this chapter. 
1-A.  Patient unauthorized conduct.  A patient who violates a provision of this 
chapter or a rule adopted by the department may be subject to fines, penalties, arrest and 
prosecution for the violation, regardless of the patient's possessing a current, valid written 
certification. 
2.  Primary caregiver.  Except as provided in section 2426, a primary caregiver, for 
the purpose of assisting a qualifying patient who has designated the primary caregiver as 
provided in subsection 1, may: 
A.  Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of 
marijuana as provided in subsection 5 for each qualifying patient who has designated 
the person as a primary caregiver the allowable amount of harvested marijuana for 
medical use, as provided in subsection 5-A; 
B.  Cultivate up to As a registered primary caregiver, cultivate no more than 6 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 per 
registry identification card up to a maximum of 30 mature plants, 60 immature plants 
and unlimited seedlings.  A primary caregiver may not cultivate 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 processing in order to ensure the primary caregiver is able to meet the needs 
of the primary caregiver's qualifying patients who is not required to register under 
this chapter may possess marijuana on behalf of a patient up to the allowable amount 
pursuant to subsection 5-A, unlimited seedlings and no more than 6 mature plants and 
immature plants for each of the maximum of 2 qualifying patients who are 
members of the primary caregiver's household or family; 
C.  Assist a maximum of 5 patients who have designated the primary caregiver to 
cultivate marijuana for their medical use; 
D.  Receive reasonable monetary compensation for costs associated with assisting a 
qualifying patient who designated the primary caregiver; 
E.  Receive reasonable monetary compensation for costs associated with cultivating 
marijuana for a patient who designated the primary caregiver to cultivate 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, subsection 4 containing marijuana, 
including tinctures of marijuana, for medical use by a qualifying patient pursuant to 
section 2152, subsection 4-A and section 2167;  
H.  For the purpose of disposing of excess prepared marijuana, transfer prepared 
marijuana to a registered dispensary, a qualifying patient or another designated 
primary caregiver if nothing of value is provided to the primary caregiver.  A primary 
caregiver who 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 If the primary caregiver is designated to cultivate and is 
registered under this chapter, employ persons 21 years of age or older to assist in 
performing the duties of designated by the qualifying patient to the registered primary 
caregiver.  The number of employees may not exceed the number of active registry 
identification cards issued to the registered primary caregiver; 
J.  Use a pesticide in the cultivation of marijuana 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 
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 use a pesticide 
unless the registered primary caregiver or the registered primary caregiver's employee 
is certified in the application of the pesticide pursuant to section 1471-D and any 
employee who has direct contact with treated plants has completed safety training 
pursuant to 40 Code of Federal Regulations, Section 170.130.  An employee 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 marijuana, transfer prepared 
marijuana to a an authorized registered dispensary or designated primary caregiver 
for reasonable compensation.  The transfer of prepared marijuana by a primary 
caregiver to one or more dispensaries or primary caregivers under this paragraph is 
limited to a registered primary caregiver designated to cultivate.  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 at one time.  For 
the purpose of disposing of excess plants, a transfer of cannabis plants may not 
exceed 6 mature plants and 12 nonflowering plants.  A primary caregiver who 
transfers prepared marijuana pursuant to this paragraph does not by virtue of only that 
transfer qualify as a member of a collective; 
L.  If the primary caregiver is a registered primary caregiver, provide Provide 
samples to a marijuana testing facility for testing and research purposes; and 
M.  If the primary caregiver is a registered primary caregiver, conduct marijuana 
testing at the request of anyone authorized to possess marijuana under this chapter for 
research and development purposes only., as long as the primary caregiver does not 
exceed the allowable amounts of marijuana permitted under this chapter; and 
N.  May acquire and possess seeds and cannabis plants in accordance with this 
chapter and rules adopted by the department for the purpose of cultivating marijuana 
for a patient's medical use if the primary caregiver is experiencing an extended 
inventory supply interruption. The primary caregiver designated by a patient to 
cultivate may acquire harvested marijuana on behalf of the patient during the period 
of the extended inventory supply interruption to ensure the qualifying patient's access 
to marijuana for medical use. 
A registered primary caregiver designated to cultivate for a patient may furnish seeds 
and cannabis plants to a person authorized to cultivate for reasonable compensation 
as long as the transfer of cannabis plants does not exceed 6 mature plants and 12 
nonflowering plants or 2 1/2 ounces of seeds. A primary caregiver or dispensary must 
be designated to cultivate by a patient to acquire and possess the cannabis seeds and 
plants on behalf of the patient. Any person acquiring seeds and cannabis plants as 
described in this paragraph must maintain a record of the lawful transfer that includes 
the registry identification card number of the primary caregiver furnishing the 
marijuana, date of transfer and cost. 
A registered primary caregiver may assist a qualifying patient and the qualifying 
patient's designated primary caregiver with the medical use of marijuana, including 
the acquisition, preparation or administration of marijuana, for reasonable 
compensation. The transfer of harvested marijuana or product containing prepared 
marijuana by a registered primary caregiver to a patient's designated primary 
caregiver under this paragraph for reasonable compensation is limited to a registered 
caregiver who is designated to cultivate, and the transfer of harvested marijuana may 
not exceed 2 pounds. A primary caregiver not designated to cultivate is prohibited 
from acquiring harvested marijuana or product containing marijuana to furnish to a 
patient, except from that patient or that patient's designated cultivation source. The 
primary caregiver must maintain a record of lawful transfer or the sale of harvested 
marijuana that includes the registry identification card number of the source of the 
marijuana, date of transfer and cost. 
2-A.  Authorized conduct for cultivating primary caregivers.  A primary caregiver 
may be issued a registry identification card to cultivate marijuana for a patient's medical 
use. A primary caregiver may be issued up to a maximum of 5 registry identification 
cards and is required to have one valid patient designation for each registry identification 
card to support cultivation. A primary caregiver may not cultivate without a designation 
by a patient to cultivate. A primary caregiver is authorized to cultivate marijuana for 
medical use when the primary caregiver is in possession of a registry identification card 
and a designation by a patient to cultivate. The primary caregiver shall lawfully dispose 
of excess marijuana and cannabis plants and seeds within 10 days of the designated 
termination date, unless another patient designates the primary caregiver to cultivate. The 
primary caregiver whose registry identification card is revoked by the department due to 
noncompliance shall lawfully dispose of all marijuana or forfeit marijuana within 10 days 
of notice of revocation. A registered primary caregiver designated to cultivate is 
authorized to cultivate up to 6 mature marijuana plants and 12 immature plants and to 
possess unlimited seeds and seedlings per registry identification card. A registered 
primary caregiver cultivating marijuana shall tag all plants with the primary caregiver's 
registry identification card number. A primary caregiver designated to cultivate who is 
not required to register under this chapter may cultivate up to 6 mature plants and 12 
immature plants and possess unlimited seeds and seedlings for each patient who is a 
family member or a member of the primary caregiver's household up to a maximum of 2 
patients. 
A.  A primary caregiver shall track the number of patients who designate the primary 
caregiver to cultivate marijuana for the patient's medical use and shall submit to the 
department, at least annually, a written statement of the number of patients who have 
designated the primary caregiver to cultivate marijuana for medical use. The 
statement may be transmitted electronically. The department may provide by rule that 
written statements are not required to be submitted more frequently than once a 
quarter. 
2-B.  Authorized conduct of an employee of a registered primary caregiver. 
Except as provided in section 2426, an employee of a registered primary caregiver 
designated to cultivate marijuana for a patient's medical use may assist in duties 
designated to the primary caregiver by a qualifying patient. The time worked for a 
primary caregiver may not be concurrent with time worked for another primary caregiver 
or dispensary.  An employee of a primary caregiver must be authorized to work in the 
United States, and the primary caregiver shall maintain a record of hours worked for 
payroll and compliance monitoring purposes. 
2-C.  Authorized conduct for noncultivating primary caregiver. A primary 
caregiver who does not cultivate marijuana is required to possess one registry 
identification card indicating authorized conduct as a primary caregiver. A registry 
identification card issued to a primary caregiver not designated to cultivate authorizes the 
primary caregiver to possess and transfer harvested marijuana on behalf of a patient. A 
primary caregiver not designated to cultivate may not possess more than the allowable 
amount of marijuana per patient pursuant to subsection 5-A and may not exceed the 
allowable amount for 5 patients at any time. 
A.  A primary caregiver designated to assist a qualifying patient is required to register 
with the department, except that the following primary caregivers who assist no more 
than 2 patients are not required to register: 
(1)  A primary caregiver designated to assist 2 or fewer qualifying patients if the 
qualifying patients are members 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 designated to assist 2 or fewer qualifying patients if the 
qualifying patients are members of the family of that primary caregiver. 
3.  Cultivation of marijuana.  The following provisions apply to the cultivation of 
marijuana by a qualifying patient under subsection 1 and a primary caregiver under 
subsection subsections 2 and 2-A. 
A.  A patient who elects to cultivate marijuana plants must keep the plants in an 
enclosed, locked facility unless the plants are being transported because the patient is 
moving or taking the plants to the patient's own property in order to cultivate them 
the marijuana.  Access to the cultivation facility is limited to the patient, except that a 
primary caregiver designated by the patient, emergency services personnel, an 
employee of a marijuana testing facility or a person who needs to gain access to the 
cultivation facility in order to perform repairs or maintenance or to do construction 
may access the cultivation facility 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 cultivate marijuana 
for the patient's medical use must keep all plants in an enclosed, locked facility unless 
the plants are being transported because the primary caregiver is moving or taking the 
plants to the primary caregiver's own property in order to cultivate them the 
marijuana.  Marijuana plants may be transported by an authorized person for the 
purpose of a lawful transfer in accordance with this chapter.  The primary caregiver 
shall use a numerical identification system to enable the primary caregiver to identify 
marijuana plants cultivated for a patient.  The numerical identification system must 
include the primary caregiver's registry identification card number, if applicable, 
from a designation form executed under section 2423-A, subsection 1, paragraph E or 
F, the number of marijuana plants and all transaction records.  Access to the 
cultivation facility is limited to the primary caregiver and a primary caregiver's 
employee, 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 of a marijuana testing facility 
or a person who needs to gain access to the cultivation facility in order to perform 
repairs or maintenance or to do construction may access the cultivation facility to 
provide those professional services while under the direct supervision of the primary 
caregiver. 
C.  A primary caregiver designated to cultivate marijuana for a qualifying patient is 
required to register with the department, except that the following primary caregivers 
are not required to register: 
(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. 
D.  Two primary caregivers who are members of the same family or household may 
share the same enclosed, locked facility. 
E.  A person who is authorized to cultivate marijuana under subsection 1 or, 2 or 2-A 
and who is employed by a primary caregiver pursuant to subsection 2, paragraph I 
may not cultivate that person's own marijuana in the location used for cultivation by 
the primary caregiver who employs that person, except that an employee who is a 
member of the registered primary caregiver's family or household may share the same 
enclosed, locked facility. 
4.  Hospice provider or nursing facility.  A registered patient may name a hospice 
provider licensed under chapter 1681 or a nursing facility licensed under chapter 405 to 
serve as a registered primary caregiver.  If a hospice provider or nursing facility is named 
as a primary caregiver, the provider or facility shall complete the registration process with 
the department and obtain a primary caregiver registration card and the staff of the 
provider or facility shall obtain registry identification cards for staff providing direct care 
for the qualifying patient.  To be issued a registry identification card, a staff person of a 
hospice provider or nursing facility that has been named as a primary caregiver must be at 
least 21 years of age and may not have been convicted of a disqualifying drug offense.  
The hospice provider or nursing facility and the staff of the provider or facility may not 
cultivate marijuana for the patient. 
4-A.  Use and storage in inpatient hospice facility or nursing facility permitted.  
A qualifying patient who is a resident of a hospice provider facility licensed under 
chapter 1681 or nursing facility licensed under chapter 405, while in the hospice provider 
facility or nursing facility, may use forms of prepared harvested marijuana for medical 
use that are not smoked permitted by the facility's policy, including, but not limited to, 
vaporized marijuana, and products in the form of edible marijuana and, tinctures and 
salves of marijuana.  A qualifying patient who uses a form of prepared marijuana 
pursuant to this subsection may store the prepared marijuana in the qualifying patient's 
room and is not required to obtain a registry identification card or to designate the 
hospice provider or nursing facility as a primary caregiver under subsection 4.  A hospice 
provider or nursing facility is not required to be named as a primary caregiver by a 
qualifying patient who uses prepared marijuana pursuant to this subsection.  This 
subsection does not limit the ability of a hospice provider or nursing facility to prohibit or 
restrict the use or storage of prepared marijuana by a qualifying patient. 
5.  Incidental amount of marijuana.  For purposes of this section, any incidental 
amount of marijuana is lawful for a qualifying patient or a primary caregiver to possess 
and is not included in the amounts of prepared marijuana specified in this section. 
5-A.  Allowable amount of marijuana.  For the purpose of this chapter, the 
allowable amount of harvested marijuana for medical use by a patient includes all 
harvested marijuana and prepared forms, including tinctures, edibles, topicals and other 
products containing infusions, extractions and purifications of cannabis. An authorized 
person may possess up to 8 pounds of harvested marijuana in accordance with this 
chapter. The amount of seeds, leaves, stems, roots or other parts of the cannabis plant that 
is not intended for use possessed by an authorized person is considered an incidental 
amount of marijuana and is not included when calculating the total amount in possession. 
Any amount of excess marijuana must be lawfully disposed of or the person may be 
subject to enforcement action, including revocation of any authorization for conduct. 
Lawful transfers of harvested marijuana may not exceed 2 pounds of harvested marijuana 
in any one transfer, and a visiting qualifying patient may not be dispensed more than 2 
1/2 ounces of harvested marijuana during a 15-day period.  
A.  A registered primary caregiver designated to assist a patient may possess up to 8 
pounds of harvested marijuana per registry identification card and may be issued a 
maximum of 5 cards. 
B.  A primary caregiver who is not required to register under this chapter and who is 
designated to assist a patient may possess up to 8 pounds of harvested marijuana on 
behalf of the patient who is a member of the primary caregiver's family or household. 
C.  A registered dispensary may possess no more than 8 pounds of harvested 
marijuana on behalf of a patient who has designated the dispensary to cultivate 
marijuana for the patient. 
6-A.  On-site assessments.  The department may conduct an inspection or on-site 
assessment to determine compliance with the provisions of this chapter and rules adopted 
by the department. The department may initiate an on-site assessment to ensure 
compliance, including conducting an inspection prior to issuing a registry identification 
card and in response to a report alleging noncompliance. The department shall request 
permission to enter a person's private residence, and entry or inspection of a person's 
private residence may not occur without the presence of the primary caregiver or patient. 
The department shall make reasonable efforts to coordinate an agreeable time for an on-
site assessment or inspection that is within 10 days of the department's notice to inspect, 
unless the department has determined that the alleged conduct jeopardizes health or 
safety. Access to an enclosed, locked facility may require that specific measures be taken 
to reduce potential contamination prior to entry. The department shall disclose the reason 
for the on-site assessment to the authorized person prior to inspecting an enclosed, locked 
facility. Failure to comply with the department's request to access the enclosed, locked 
facility for the purpose of ensuring compliance may be grounds for revocation of 
authorization for conduct in accordance with this chapter.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
7.  Excess marijuana; forfeiture.  A person who possesses marijuana seedlings, 
marijuana cannabis plants or prepared harvested marijuana in excess of the limits 
provided in this section and rules adopted under this section must forfeit the excess 
amounts to a law enforcement officer or to the department at the time of an inspection.  
The law enforcement officer or department is authorized to remove all excess marijuana 
seedlings, marijuana cannabis plants and prepared harvested marijuana in order to catalog 
the amount of excess marijuana.  An authorized person in possession of excess marijuana 
must have the opportunity to lawfully dispose of the marijuana that is in excess of the 
limits permitted before the law enforcement officer or department removes it.  Possession 
of marijuana in excess of the limits provided in this section and rules adopted under this 
section is subject to department review.  Possession of an amount determined to be excess 
marijuana, and only the excess, is a violation as follows: 
A.  Possession of marijuana in an excess amount up to 2 1/2 ounces is a violation of 
section 2383 this subsection; and 
B.  Possession of marijuana in an excess amount over 2 1/2 ounces is a violation of 
Title 17-A, chapter 45. 
8.  Repeat forfeiture.  If a cardholder has previously forfeited excess marijuana 
pursuant to subsection 7 and a subsequent forfeiture occurs, the department shall revoke 
the registry identification card of the cardholder and the entire amount of marijuana 
seedlings, marijuana cannabis plants and prepared, harvested marijuana and products 
containing marijuana 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 375, subchapter 2-A. 
9.  Collectives prohibited.  Collectives are prohibited under this chapter.  A person 
may not form or participate in a collective. 
10.  Marijuana testing facility.  The following provisions apply to a marijuana 
testing facility. 
A.  A marijuana testing facility may receive and possess samples from qualifying 
patients, designated primary caregivers and dispensaries 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 employee of a marijuana testing facility may have access to cultivation 
facilities pursuant to subsection 3, paragraphs A and B and section 2428, subsection 
6, paragraph I. 
C.  A marijuana testing facility shall: 
(1)  Properly dispose of marijuana residue in compliance with department rules; 
(2)  House and store marijuana 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 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 rules adopted by the department. 
D.  The department shall adopt routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A governing marijuana testing facilities, including but not limited 
to: 
(1)  Marijuana testing facility director qualification requirements; 
(2)  Required security for marijuana testing facilities; and 
(3)  Requirements for the licensing, certifying or other approval of marijuana 
testing facilities. 
11.  Immunity.  The 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 with this subsection does not apply to a marijuana 
testing facility. 
A.  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 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 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 of a registered 
dispensary or primary caregiver may not have a financial or other interest in a marijuana 
testing facility providing services associated with product labeling for that dispensary or 
primary caregiver. 
Sec. 19.  22 MRSA §2423-B, first ¶, as amended by PL 2013, c. 516, §8, is 
further amended to read: 
A medical provider who is in good standing with the appropriate licensing board may 
provide a written certification for the medical use of marijuana under this chapter and, 
after having done so, may otherwise state that in the medical provider's professional 
opinion a qualifying patient is likely to receive therapeutic benefit from the medical use 
of marijuana to treat or alleviate the patient's debilitating medical condition. 
Sec. 20.  22 MRSA §2423-B, sub-§1, as amended by PL 2013, c. 516, §8, is 
further amended to read: 
1.  Adult qualifying patient.  Prior to providing written certification 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. 
Sec. 21.  22 MRSA §2423-B, sub-§2, as amended by PL 2013, c. 516, §8, is 
further amended to read: 
2.  Minor qualifying patient.  Prior to providing written certification for the medical 
use of marijuana by a minor qualifying patient under this section, a medical provider, 
referred to in this subsection as "the treating medical 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 medical use of 
marijuana.  Except with regard to a minor qualifying patient who is eligible for hospice 
care, prior to providing a written certification under this section, the treating medical 
provider shall consult with a qualified physician, referred to in this paragraph as "the 
consulting physician," from a list of physicians who may be willing to act as consulting 
physicians maintained by the department that is compiled by the department after 
consultation with statewide associations representing licensed medical professionals.  The 
consultation between the treating 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 treating medical provider 
and the parent or legal guardian of the minor 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 debilitating medical condition.  If the 
department or the consulting physician does not respond to a request by the treating 
medical provider within 10 3 business days of receipt of the request, the treating medical 
provider may provide written certification for treatment without consultation with a 
physician.  In the absence of a list of physicians willing to consult on certifications for 
minors, the department shall inform the treating medical provider within one business day 
of the treating medical provider's request for consultation that the treating medical 
provider may proceed with the certification process. 
A.  The parent or legal guardian of a minor may submit a request to the department 
for reimbursement of the cost associated with obtaining a 2nd opinion required by 
this chapter. Requests must be submitted on a form developed by the department. The 
department shall review the family's annual income and expenses in determining 
whether to reimburse the family for the cost of the required 2nd consultation from the 
Medical Use of Marijuana Fund under section 2430. 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 375, subchapter 2-A. 
Sec. 22.  22 MRSA §2423-B, sub-§5, as amended by PL 2013, c. 516, §8, is 
further amended to read: 
5.  Possible sanctions.  A person who violates this section is subject to sanctions by 
the department. Sanctions may include revocation of authorization for conduct, fines and 
prohibiting a physician from participation in the written certification process.  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 condition or otherwise 
violating the applicable standard of care for evaluating or treating medical conditions.  
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 375, subchapter 
2-A. 
Sec. 23.  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 qualifying patient who 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 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 or 
a government-issued identification that includes a photo and proof of address may engage 
in conduct authorized for a qualifying patient under this chapter while in the State.  The 
visiting qualifying patient must use the designation form approved by the department to 
designate either a registered primary caregiver or registered dispensary to assist with the 
administration of marijuana for medical use. A visiting patient is prohibited from 
furnishing marijuana to any person, may not cultivate marijuana and may not possess 
more than 2 1/2 ounces of harvested marijuana during a 15-day period. 
Sec. 24.  22 MRSA §2423-E, sub-§5, ¶A, as enacted by PL 2011, c. 407, Pt. B, 
§20, is amended to read: 
A.  If the person is a qualifying patient, present upon request of a law enforcement 
officer the original written certification for the patient and the patient's driver's 
license as described under Title 29-A, section 1401 or a nondriver identification card 
as described under Title 29-A, section 1410 or, if the person is a visiting patient under 
section 2423-D, the equivalent proof of identity from the visiting patient's state of 
residence; and 
Sec. 25.  22 MRSA §2423-E, sub-§5, ¶B, as enacted by PL 2011, c. 407, Pt. B, 
§20, is amended to read: 
B.  If the person is a primary caregiver, present upon request of a law enforcement 
officer the original written document designating the person as a primary caregiver 
by the qualifying patient under section 2423-A, subsection 1, paragraph E or F and 
the primary caregiver's driver's license described under Title 29-A, section 1401 or a 
nondriver identification card as described under Title 29-A, section 1410.; and 
Sec. 26.  22 MRSA §2423-E, sub-§5, ¶C is enacted to read: 
C.  Be authorized by the department or be a cardholder. 
Sec. 27.  22 MRSA §2423-E, sub-§6, as enacted by PL 2011, c. 407, Pt. B, §20, 
is amended to read: 
6.  Excess marijuana; forfeiture.  A person who possesses marijuana in excess of 
the limits provided in section 2423-A and rules adopted under that section must forfeit the 
excess amounts to a law enforcement officer or the department.  The law enforcement 
officer or the department is authorized to remove all excess marijuana seedlings, 
marijuana cannabis plants and prepared harvested marijuana in order to catalog the 
amount of excess marijuana.  Possession of marijuana in excess of the limits provided in 
section 2423-A and rules adopted under that section is subject to department review.  
Possession of an amount determined to be excess marijuana, and only the excess, is a 
violation as follows: 
A.  Possession of prepared marijuana in an excess amount up to 2 1/2 ounces is a 
violation of section 2383 this subsection; and 
B.  Possession of marijuana in an excess amount over 2 1/2 ounces is a violation of 
Title 17-A, chapter 45. 
Sec. 28.  22 MRSA §2423-E, sub-§7, as enacted by PL 2011, c. 407, Pt. B, §20, 
is amended to read: 
7.  Repeat forfeiture.  If a cardholder has previously forfeited excess marijuana 
pursuant to subsection 6 and a subsequent forfeiture occurs, the department shall revoke 
the registry identification card of the cardholder and the entire amount of marijuana 
seedlings, marijuana cannabis plants and prepared harvested marijuana 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 375, subchapter 2-A. 
Sec. 29.  22 MRSA §2423-E, sub-§10 is enacted to read: 
10.  Immunity for cardholders.  The immunity provisions in this subsection apply 
to a registered primary caregiver and a registered primary caregiver employee. A 
registered primary caregiver or a registered primary caregiver employee 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. 
Sec. 30.  22 MRSA §2424, sub-§2, as repealed and replaced by PL 2011, c. 407, 
Pt. B, §21, is amended to read: 
2.  Adding debilitating medical conditions.  The department in accordance with 
section 2422, subsection 2, paragraph D shall adopt rules regarding the consideration of 
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, 
the department shall provide an opportunity for public hearing of, and an opportunity to 
comment on those petitions. After the hearing, the commissioner shall consider counsel 
of a medical provider panel comprising a minimum of 3 medical providers, one of whom 
may be selected by the petitioner, and shall approve or deny a petition within 180 days of 
its submission. The approval or denial of such a petition constitutes final agency action, 
subject to judicial review. Jurisdiction and venue for judicial review are vested in the 
Superior Court. 
Sec. 31.  22 MRSA §2425, sub-§1, as amended by PL 2013, c. 516, §10, is 
further amended to read: 
1.  Application for patient registry identification card; qualifications.  The 
department shall register and issue registry identification cards to qualifying patients who 
submit the documents and information described in this subsection, in accordance with 
the department's rules: eligible applicants who submit a complete application. 
A.  Written certification; 
C.  Name, address and date of birth of the qualifying patient, except that if the 
applicant is homeless no address is required; 
D.  Name, address and telephone number of the qualifying patient's medical provider; 
E.  Name, address and date of birth of each primary caregiver, if any, named by the 
qualifying patient; 
F.  If the qualifying patient names one or 2 primary caregivers, an indication of which 
person, if any, is designated to cultivate marijuana for the qualifying patient's medical 
use.  Only one primary caregiver, including an employee of that caregiver, is allowed 
to cultivate marijuana for a registered patient; and 
G.  If the qualifying patient elects to cultivate marijuana for the qualifying patient's 
own medical use, the qualifying patient shall indicate that choice on the application. 
Sec. 32.  22 MRSA §2425, sub-§3, as amended by PL 2013, c. 394, §4, is further 
amended to read: 
3.  Department approval or denial. The department shall verify the information 
contained in an application or renewal of a registry identification card submitted pursuant 
to this section and shall approve or deny an application or renewal within 30 days of 
receiving it. The department shall issue a registry identification card within 5 days of 
approving a completed application. The department may deny an application or renewal 
only if the applicant did not provide the information required pursuant to this section or 
the department determines that the applicant does not qualify for a registry identification 
card or that the information provided was falsified. Rejection of an application or renewal 
is considered a final agency action, subject to judicial review. Jurisdiction and venue for 
judicial review are vested in the Superior Court. A qualified applicant whose registry 
identification card application is denied pursuant to this subsection may request an 
administrative hearing. 
Sec. 33.  22 MRSA §2425, sub-§3-A, as enacted by PL 2009, c. 631, §30 and 
affected by §51, is amended to read: 
3-A.  Department revocation.  The department may revoke a registry identification 
card for violation of this chapter and the rules adopted under this chapter. Revocation in 
accordance with section 2423-A, subsection 8 is considered a final agency action, subject 
to judicial review under Title 5, chapter 375, subchapter 7.  Unless otherwise specified as 
final agency action, persons who have had authorization for conduct under this chapter 
revoked due to failure to comply with this chapter and rules adopted by the department 
must be able to 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 registry 
identification card was revoked is ineligible for reauthorization under this chapter. The 
person must demonstrate compliance prior to being issued a new registry identification 
card. Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 34.  22 MRSA §2425, sub-§4, as amended by PL 2013, c. 396, §10, is 
further amended to read: 
4.  Primary caregiver registry identification card.  The department shall issue a 
registry identification card to each registered primary caregiver, if any, who is named in a 
registered patient's an approved application pursuant to subsection 1, paragraph E and, if 
the registered primary caregiver employs an employee pursuant to section 2423-A, 
subsection 2, paragraph I, to that employee. 
Sec. 35.  22 MRSA §2425, sub-§4-A, as enacted by PL 2015, c. 475, §20, is 
amended to read: 
4-A.  Marijuana testing facility and dispensary identification card.  The 
department shall issue registry identification cards to principal officers, board members 
and employees of a marijuana testing facility or registered dispensary within 5 business 
days of approving an application or renewal under this section in accordance with 
department rules.  Registry identification cards expire one year after the date of issuance.  
Registry identification cards must contain: 
A.  The name of the cardholder; 
B.  The date of issuance and expiration date of the registry identification card; and 
C.  A random identification number that is unique to the cardholder. 
Sec. 36.  22 MRSA §2425, sub-§5, as amended by PL 2013, c. 396, §11, is 
further amended to read: 
5.  Registry identification card issuance.  The department shall issue registry 
identification cards to registered patients, to registered primary caregivers, to employees 
of registered caregivers and to staff of hospice providers and nursing facilities designated 
by registered patients as primary caregivers within 5 days of approving an application or 
renewal under this section.  Registry identification cards expire one year after the date of 
issuance except that the date of issuance and expiration date of a registered primary 
caregiver's registry identification card must be the same as the issuance and expiration 
dates on the patient's registry identification card.  Registry identification cards must 
contain: 
A.  The name of the cardholder; 
C.  The date of issuance and expiration date of the registry identification card; 
D.  A random identification number that is unique to the cardholder; and 
F.  A clear designation showing whether the cardholder is allowed under this chapter 
to cultivate marijuana. 
Sec. 37.  22 MRSA §2425, sub-§6, as amended by PL 2013, c. 516, §12, is 
further amended to read: 
6.  Notification of changes in status or loss of card. This subsection governs 
notification of changes in status or the loss of a registry identification card. 
A.  A registered qualifying patient shall notify the department within 10 days of any 
change in the registered qualifying patient's name, address, primary caregiver or 
preference regarding who may cultivate marijuana for the registered qualifying 
patient, if the registry identification card is no longer accurate, if the change renders 
the registry identification card inaccurate or if the registered qualifying patient ceases 
to have a debilitating medical condition. 
B.  A registered qualifying patient who fails to notify the department as required 
under paragraph A commits a civil violation for which a fine of not more than $150 
may be adjudged. If the registered qualifying patient's certifying medical provider 
notifies the department in writing that the registered qualifying patient has ceased to 
suffer from a debilitating medical condition, the registered qualifying patient's 
registry identification card becomes void upon notification by the department to the 
qualifying patient. 
C.  A registered primary caregiver shall notify the department if the card of the 
registered primary caregiver is no longer accurate within 10 days of the event that 
caused the inaccuracy and of any change in the caregiver's name or address within 10 
days of such change. A registered primary caregiver who fails to notify the 
department of any of these changes commits a civil violation for which a fine of not 
more than $150 may be adjudged. 
D.  When a registered qualifying patient or registered primary caregiver notifies the 
department of any changes listed in this subsection, the department shall issue the 
registered qualifying patient and each registered primary caregiver a new registry 
identification card within 10 days of receiving the updated information and the fee 
required by subsection 12, paragraph E. 
E.  When a registered qualifying patient changes the patient's registered primary 
caregiver, the department shall notify the old primary caregiver within 10 days. The 
old primary caregiver's protections as provided in this chapter expire 10 days after 
notification by the department. 
F.   If a cardholder loses the cardholder's registry identification card, the cardholder 
shall notify the department and submit the fee required by subsection 12, paragraph E 
within 10 days of losing the card. Within 5 days after such notification, the 
department shall issue a new registry identification card with a new random 
identification number. 
G.  If the information appearing on the cardholder's registry identification card is 
incorrect or changes, the cardholder shall notify the department of the inaccuracy or 
change. The fee required by subsection 12, paragraph E must be submitted with the 
corrected or changed information within 10 days of the correction or change in 
information. Within 5 days after such notification, the department shall issue a new 
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. 
Sec. 38.  22 MRSA §2425, sub-§8, ¶D, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
D.  The department shall verify to law enforcement personnel whether a registry 
identification card is valid without disclosing more information than is reasonably 
necessary to verify the authenticity of the registry identification card and authorized 
conduct. 
Sec. 39.  22 MRSA §2425, sub-§8-A is enacted to read: 
8-A.  Patient records. Patient records specific to marijuana for medical use are 
confidential and may not be disclosed except as provided in this chapter. Primary 
caregivers and dispensaries are required to maintain patient records of transactions 
occurring during the most recent 12 months and shall develop a record management 
system that includes a unique identifier corresponding to the patient for whom the 
marijuana was dispensed. As evidence of compliance by the primary caregiver or 
dispensary, patient records must include valid copies of the written certification, 
designation form and driver's license or Maine-issued photo identification. Records of the 
patient's protected health information are not subject to review by the department. 
Sec. 40.  22 MRSA §2425, sub-§9, as amended by PL 2009, c. 631, §35 and 
affected by §51, is further amended to read: 
9.  Revocation of registry identification card.  The department shall revoke the 
registry identification card of a cardholder who sells, furnishes or gives marijuana to a 
person who is not allowed authorized to possess marijuana for medical purposes under 
this chapter.  A cardholder who sells, furnishes or gives marijuana to a person who is not 
allowed 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 revoke the registry identification card of any cardholder who violates 
this chapter, and the cardholder is liable for any other penalties for the violation. 
Sec. 41.  22 MRSA §2425, sub-§9-A, as enacted by PL 2011, c. 407, Pt. B, §28, 
is amended to read: 
9-A.  Registration requirement.  Registration under this section is voluntary for a 
qualifying patient, for a visiting qualifying patient and for a primary caregiver who is 
exempt under section 2423-A, subsection 3 2-C, paragraph C A.  Failure to register under 
this section does not affect authorized conduct for a qualifying patient, for a visiting 
qualifying patient or for a primary caregiver who is exempt under section 2423-A, 
subsection 3 2-C, paragraph C A. 
Sec. 42.  22 MRSA §2425, sub-§10, ¶B, as enacted by IB 2009, c. 1, §5, is 
amended to read: 
B.  The number of qualifying patients and registered primary caregivers approved in 
each county; 
Sec. 43.  22 MRSA §2425, sub-§10, ¶F, as amended by PL 2009, c. 631, §36 and 
affected by §51, is further amended to read: 
F.  The number of registered dispensaries; and 
Sec. 44.  22 MRSA §2425, sub-§10, ¶G, as amended by PL 2009, c. 631, §36 
and affected by §51, is further amended to read: 
G.  The number of primary caregiver and marijuana testing facility employees and 
the number of principal officers, board members and employees of dispensaries.; and 
Sec. 45.  22 MRSA §2425, sub-§10, ¶H is enacted to read: 
H.  The number of patients served by primary caregivers and dispensaries. 
Sec. 46.  22 MRSA §2425, sub-§11, as enacted by PL 2011, c. 383, §4, is 
amended to read: 
11.  Valid identification.  A registered patient, registered primary caregiver or a 
principal officer, board member or employee of a registered dispensary Any person who 
has been issued a valid registry identification card pursuant to this section must also 
possess a valid Maine-issued driver's license with a photo or other Maine-issued photo 
identification in order to establish proof of residency in this State and for authorized 
participation in the medical use of marijuana under this chapter. 
Sec. 47.  22 MRSA §2425, sub-§12, as amended by PL 2015, c. 475, §21, is 
further amended to read: 
12.  Registration and related fees.  The department by rule shall establish fees in 
accordance with this subsection.  The fees must be credited to the Medical Use of 
Marijuana Fund pursuant to section 2430.  Any fines collected pursuant to this chapter 
and rules adopted by the department must be credited to the Medical Use of Marijuana 
Fund.  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 fee to register a qualifying patient or primary caregiver who is 
not required to register under section 2423-A, subsection 2-C, paragraph A. 
B.  Primary caregiver fees are as follows. 
(1)  There is no annual fee to register a primary caregiver who does not cultivate 
marijuana for a qualifying patient. 
(2)  There is an annual fee to register a primary caregiver who has been 
designated to cultivate marijuana under subsection section 2423-A, subsection 1, 
paragraph F.  The fee must be not less than $50 and not more than $300 $240 for 
each qualifying patient who has designated the primary caregiver registry 
identification card issued. 
(3)  There is no fee for a registered primary caregiver to register for the 
remainder of the registration period a new qualifying patient in place of a former 
qualifying patient who has revoked the designation of the primary caregiver. 
C.  There is an annual fee to register a dispensary of not less than $5,000 and not 
more than $15,000 $12,000.  There is a fee to change the location of a registered 
dispensary or the location at which a registered dispensary cultivates marijuana of not 
less than $3,000 and not more than $5,000 $4,000. 
D.  There is an annual fee to register a primary caregiver employee or a principal 
officer, board member or employee of a registered dispensary or a marijuana testing 
facility of not less than $25 $20 and not more than $50.  The fee must be paid by the 
registered dispensary applicant. 
E.  There is a fee to replace a registry card that has been lost, stolen or destroyed or a 
card that contains information that is no longer accurate of not less than $10 and not 
more than $20. 
F.  There is an annual fee for a criminal history record check for a primary caregiver 
or a principal officer, board member or employee of a registered dispensary of not 
less than $31 and not more than $60.  The fee must be paid by the primary caregiver 
or by the registered dispensary for a principal officer, board member or employee of 
the registered dispensary. 
G.  There is a fee for laboratory testing of marijuana that is cultivated, harvested, 
processed, prepared or provided by a registered primary caregiver or registered 
dispensary of not less than $50 and not more than $300 per test specimen. 
Beginning January 2014 and every 2 years thereafter, the department shall review the 
balance in the Medical Use of Marijuana Fund established under section 2430.  If the 
balance in the Medical Use of Marijuana Fund exceeds $400,000, the department shall 
reduce the fees established under paragraphs B and, C, D and E for a 2-year period 
beginning with the calendar year following the review. 
Sec. 48.  22 MRSA §2425, sub-§13 is enacted to read: 
13.  Reporting patient access.  A registered primary caregiver and a registered 
dispensary must submit annually the number of qualifying patients and visiting qualifying 
patients who have designated the primary caregiver or dispensary for assistance with the 
access to and administration of marijuana for medical use. Reporting may not disclose 
patient identity, directly or indirectly. 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 375, subchapter 2-A. 
Sec. 49.  22 MRSA §2426, sub-§3-A, ¶B, as enacted by PL 2011, c. 407, Pt. B, 
§31, is amended to read: 
B.  A qualifying patient who obtains marijuana from more than one source with the 
result that the person patient receives more than 2 1/2 ounces of prepared marijuana 
in a 15-day period pounds during one transfer or is in the possession of marijuana in 
excess of limits specified in this chapter commits a civil violation for which a fine of 
$200 must be adjudged. 
Sec. 50.  22 MRSA §2426, sub-§3-A, ¶¶C and D are enacted to read: 
C.  A visiting qualifying patient who obtains marijuana under this chapter with the 
result that the visiting qualifying patient is in possession of more than 2 1/2 ounces 
during a 15-day period commits a civil violation for which a fine of $200 must be 
adjudged. 
D.  A person who misrepresents the possession of a registry identification card or 
misrepresents the person's authorized conduct commits a civil violation for which a 
fine of $200 must be adjudged, and the person may be liable for other penalties and 
sanctions under this chapter. 
Sec. 51.  22 MRSA §2428, sub-§1-A, as amended by PL 2013, c. 503, §2, is 
further amended to read: 
1-A.  Provisions pertaining to registered dispensary.  For the purpose of assisting a 
qualifying patient who has designated a registered dispensary to cultivate marijuana for 
and assist with the patient's medical use of marijuana, a registered dispensary may in 
accordance with rules adopted by the department:  
A.  Possess and dispense up to 2 1/2 ounces of prepared marijuana and possess an 
incidental amount of marijuana for each marijuana for medical use to a qualifying 
patient who has designated the dispensary or to that patient's designated primary 
caregiver.  For the purposes of this chapter, any incidental amount of marijuana is 
lawful for a registered dispensary to possess and is not included in the amounts of 
prepared marijuana specified in this paragraph A dispensary may transfer up to 2 
pounds of harvested marijuana to a qualifying patient, except that a dispensary may 
not dispense more than 2 1/2 ounces during a 15-day period to a visiting qualifying 
patient; 
B.  Cultivate up to 6 mature marijuana plants for each patient who has designated the 
dispensary to cultivate the plants on the patient's behalf subject to the limit of 6 
mature plants total for a patient who also cultivates marijuana; 
C.  Receive reasonable monetary compensation for costs associated with assisting or 
for cultivating marijuana for a patient who designated the dispensary;  
D.  Assist any patient who designated the dispensary to cultivate marijuana with the 
medical use or administration of marijuana; and 
E.  Obtain prepared 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, paragraph 
G. 
Sec. 52.  22 MRSA §2428, sub-§2, ¶B, as amended by PL 2009, c. 631, §42 and 
affected by §51, is further amended to read: 
B.  The department A dispensary shall track the number of registered patients who 
designate a the dispensary to cultivate marijuana for them and issue to each 
dispensary submit a written statement of the number of patients who have designated 
the dispensary to cultivate marijuana for them.  This statement must be updated each 
time a new registered patient designates the dispensary or ceases to designate the 
dispensary.  The statement may be transmitted electronically if the department's rules 
so provide.  The department may provide by rule that the updated written statements 
may not be issued more frequently than once each week a month. 
Sec. 53.  22 MRSA §2428, sub-§2, ¶C, as amended by PL 2009, c. 631, §42 and 
affected by §51, is further amended to read: 
C.  The department shall issue each principal officer, board member and employee of 
a dispensary a registry identification card within 10 30 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, 
board 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 expiration date of the registry identification card; 
and 
(5)  A photograph if required by the department. 
Sec. 54.  22 MRSA §2428, sub-§7, as amended by PL 2011, c. 407, Pt. B, §32, is 
further amended to read: 
7.  Maximum amount of marijuana to be dispensed.  A transfer by a dispensary or 
a principal officer, board member or employee of a dispensary may not consist of more 
than 2 pounds to a qualifying patient or to that patient's designated primary caregiver.  A 
dispensary or a principal officer, board member or employee of a dispensary may not 
dispense more than 2 1/2 ounces of prepared marijuana during a 15-day period to a 
visiting qualifying patient who has designated the dispensary or to a primary caregiver on 
behalf of a qualifying patient who has designated the dispensary during a 15-day period. 
Sec. 55.  22 MRSA §2430-A, as amended by PL 2015, c. 475, §26, is further 
amended to read: 
§2430-A.  Compliance 
The department may take action necessary to ensure compliance with this chapter, 
including, but not limited to, collecting, possessing, transporting and performing 
laboratory testing on soil and marijuana plant specimens and portions of products 
containing marijuana from registered primary caregivers and registered dispensaries to 
determine compliance with this chapter and for evidence purposes.   
1.  Responding to a complaint alleging noncompliance. The department shall 
respond to a valid report regarding an alleged violation of this chapter or rules adopted by 
the department or a valid complaint of conduct related to the medical use of marijuana 
that poses potential risk to public health and safety. 
A.  A report alleging violation of this chapter or rules adopted by the department and 
complaints of conduct related to the medical use of marijuana that poses potential risk 
to public health and safety must be entered into an electronic database maintained by 
the department within one business day of receipt. 
B.  The department shall document the assignment of each report. The department 
shall screen and assign or refer a valid report within 3 business days of receipt. Prior 
to referring the report to another entity, the department shall determine the 
protections given to the authorized conduct under this chapter of a person against 
whom a report has been entered. 
C.  Department staff may be assigned to assess the compliance of a patient, primary 
caregiver or cardholder who is alleged to be in violation of this chapter or rules 
adopted by the department. The department may refer a report to a law enforcement 
agency when the department determines the conduct is criminal activity, including 
diversion. For the purpose of a criminal investigation, the department shall disclose to 
the law enforcement agency the unlawful conduct by the person who is the subject of 
the report. 
D.  The department must provide notification of receipt of the complaint to the 
subject of the report within 3 business days of assignment under paragraph B. The 
department notification must inform the subject of the report of the nature of the 
report and whether the department is conducting an on-site assessment or has referred 
the report to another entity. This paragraph does not restrict the department from 
conducting an on-site assessment under section 2423-A, subsection 6-A without prior 
notice to assess compliance at any location where conduct described under this 
chapter is occurring if the report indicates jeopardy to health and safety. 
E.  The department must provide the outcome of an on-site assessment under 
paragraph D to the subject of the report within 30 days of performing the assessment. 
A person aggrieved by the department's actions may file a request for an informal 
hearing under subsection 2 to dispute the department's findings from an on-site 
assessment in accordance with this chapter and rules adopted by the department. 
Failure of the department to issue a notice of findings within 30 days of an on-site 
assessment voids the initial findings and requires the department to complete an 
additional on-site assessment before taking further action. The department may 
revoke authorization for conduct described under this chapter for a violation of this 
chapter and rules adopted by the department, and the department shall provide the 
person a period of 10 days, unless otherwise stated, to remedy a violation identified 
by the department prior to revoking authorization for conduct. The department may 
revoke a registry identification card issued to any person who the department has 
determined is noncompliant, with no plan of correction, or has repeated the same 
violation within one year. 
2.  Findings; notification.  When the department completes an on-site assessment 
and issues findings of noncompliance pursuant to subsection 1 to a person authorized 
under this chapter, the department shall notify the person that, within 10 days of receipt 
of the department's notice of findings of noncompliance, the person may file a written 
request with the department for an informal hearing.  The informal hearing must be held 
in accordance with the rules and procedures of the department's office of administrative 
hearings, and the hearing officer shall issue a recommended decision within the 
applicable time frames as provided by statute or rule. All hearing officer decisions must 
be in the form of recommended decisions, with final agency action reserved to the 
commissioner. The hearing officer shall furnish the recommended decision to the person 
aggrieved, the department and the Office of the Attorney General. The commissioner 
shall issue a final decision either adopting, modifying or rejecting the hearing officer's 
recommended decision within 30 business days of the date of the recommended decision. 
In the event the final decision of the commissioner results in the modification or rejection 
of the recommended decision, the commissioner shall state in writing the basis for the 
decision. In the event the commissioner fails to issue a written final decision within 30 
business days of the date of the recommended decision, the recommended decision of the 
hearing officer is deemed the final decision of the commissioner.  The commissioner's 
decision constitutes final agency action, subject to judicial review. Jurisdiction and venue 
for judicial review are vested in the Superior Court. All decisions of the commissioner 
must include notice of the aggrieved party's right to judicial review, including the 
requisite time frame for filing an appeal. A person aggrieved by a decision issued may 
file, within 30 days of the notice of the decision, a complaint with the Superior Court as 
provided in Title 5, section 11002. 
SUMMARY 
This bill amends the laws governing the cultivation, possession and use of medical 
marijuana.  It: 
1.  Amends definitions to add terms and to expand upon or provide clarity for 
existing terms;  
2.  Amends the qualifying condition of intractable pain to include pain that a medical 
provider determines is not managed effectively by prescription narcotics and allows a 
medical provider the discretion to issue a written certification for any medical condition 
that the physician believes may be alleviated by the patient's using marijuana for medical 
use.  It also requires consultation with a minimum of 3 medical professionals, one of 
whom may be selected by the petitioner, prior to accepting or denying a petition to add a 
debilitating medical condition as a qualifying condition; 
3.  Replaces the limit of 2 1/2 ounces of marijuana that may be dispensed to a 
qualifying patient who is a Maine resident during a 15-day period with a limit of no more 
than 2 pounds in one transfer; 
4.  Allows a qualifying patient who is cultivating marijuana to furnish seeds and 
plants to another qualifying patient; 
5.  Permits a qualifying patient to designate more than one primary caregiver to assist 
the patient; the additional primary caregivers may not cultivate marijuana for the patient; 
6.  Prohibits a visiting qualifying patient, who is not a resident of Maine, from 
cultivating marijuana; 
7.  Permits a primary caregiver designated to cultivate marijuana to furnish seeds and 
plants to an authorized person; 
8.  Increases the number of employees that a registered cultivating primary caregiver 
may employ. A primary caregiver designated to cultivate can employ one person for each 
registry identification card the caregiver is issued; 
9.  Permits a primary caregiver designated to cultivate marijuana to dispose of 
marijuana by transferring the marijuana to a designated primary caregiver; current law 
allows the transfer to a dispensary; 
10.  Allows for certain authorized transfers of marijuana by a primary caregiver 
designated to cultivate marijuana for reasonable compensation; 
11.  Allows a primary caregiver who is assisting no more than 2 patients who are 
members of the primary caregiver’s household or family to not register with the 
department; 
12.  Authorizes a primary caregiver designated to cultivate marijuana to cultivate up 
to 6 mature marijuana plants per registry identification card.  The maximum number of 
plants allowed for cultivation is the same as in current law; 
13.  Removes the limit of 2 1/2 ounces of prepared marijuana and establishes the 
allowable amount of harvested marijuana to be up to 8 pounds that may be possessed by a 
patient or authorized person on behalf of a patient.  It also establishes the allowable 
amount of marijuana to be up to 8 pounds per registry identification card for a designated 
primary caregiver required to register, no more than 8 pounds per patient, up to 2 patients, 
for a primary caregiver not required to register and 8 pounds per patient for a dispensary 
designated by a patient; 
14.  Establishes tracking and reporting requirements for primary caregivers and 
dispensaries; 
15.  Permits the Department of Health and Human Services to inspect areas related to 
marijuana for medical use to assess compliance with the laws regulating marijuana; 
16.  Reduces the review period from 10 days to 3 business days for a 2nd physician 
consultation in order for a qualifying patient who is a minor to obtain a written 
certification when there is a list of consulting physicians and permits a physician to 
proceed with certification for a minor in the absence of a consulting physician list 
maintained by the department.  It allows the Medical Use of Marijuana Fund to be used at 
the department’s discretion to reimburse families for the cost of the required consultation 
by a 2nd physician; 
17.  Extends the immunity existing for dispensary employees, principal officers and 
board members to registered primary caregivers and their employees; 
18.  Authorizes the department, in addition to law enforcement agencies, to remove 
marijuana determined to be in excess of allowable limits; 
19.  Permits the department to establish a period of time when persons who have had 
authorizations denied or revoked are ineligible for reauthorization; 
20.  Requires a cardholder to notify the department when the information on the card 
issued by the department is inaccurate or changes; 
21.  Amends fees for various registrations; 
22.  Adds a sanction for a person found to be in possession of a registry identification 
card issued to another person; and 
23.  Provides for an opportunity for an informal hearing process for specified persons 
aggrieved by a department enforcement action.