An Act To Clarify Certain Provisions of the Maine Medical Use of Marijuana Act
Maine Legislature, Session 129, LD 1129
Committee: Health and Human Services
Sponsors: JORGENSEN, DESCHAMBAULT, BRENNAN, COREY, HYMANSON, PIERCE
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2424, 22 MRSA §2429-D

Legislative Document
No. 1129
H.P. 818
House of Representatives, March 7, 2019
An Act To Clarify Certain Provisions of the Maine Medical Use of 
Marijuana Act
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative JORGENSEN of Portland.
Cosponsored by Senator DESCHAMBAULT of York and
Representatives: BRENNAN of Portland, COREY of Windham, HYMANSON of York, 
PIERCE of Falmouth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2422, sub-§1-F is enacted to read:
1-F.  Caregiver retail store.  "Caregiver retail store" means a location other than the 
permanent residence of a registered caregiver or a qualifying patient from which a 
registered caregiver provides marijuana for medical use to a qualifying patient.  For 
purposes of this subsection, "permanent residence" has the same meaning as in Title 36, 
section 681, subsection 3.
Sec. 2.  22 MRSA §2423-A, sub-§2, ¶P, as enacted by PL 2017, c. 452, §4, is 
amended to read:
P.  Operate one caregiver retail store to sell harvested marijuana to qualifying patients 
for the patients' medical use in accordance with this chapter; and
Sec. 3.  22 MRSA §2423-A, sub-§3, ¶C-1, as enacted by PL 2017, c. 452, §4, is 
amended to read:
C-1.  A caregiver operating under paragraph C may engage in the conduct authorized 
in subsection 2, except that a caregiver operating under paragraph C may not:
(1) Cultivate marijuana plants for more than 2 members of the family or members 
of the same household;
(2) Cultivate more than 6 mature marijuana plants and 12 immature marijuana 
plants for each qualifying patient who has designated the caregiver to cultivate 
marijuana plants on the patient's behalf;
(3) Possess more than 8 pounds of harvested marijuana;
(4) Sell marijuana plants or harvested marijuana at wholesale under subsection 2, 
paragraph K-1;
(5) Use a pesticide under subsection 2, paragraph J;
(6) Operate a caregiver retail store under subsection 2, paragraph P; or
(7) Organize as a business entity under subsection 2, paragraph Q.
Sec. 4.  22 MRSA §2424, sub-§4, ¶B, as enacted by PL 2017, c. 452, §10, is 
amended to read:
B.  Minimum security requirements for registered caregivers operating caregiver 
retail stores pursuant to section 242-A 2423-A, subsection 2, paragraph P and 
registered dispensaries and any additional location at which a dispensary cultivates 
marijuana plants for medical use by qualifying patients.
Sec. 5.  22 MRSA §2429-D, sub-§2, as enacted by PL 2017, c. 452, §18, is 
amended to read:
2.  Stores, dispensaries, testing and manufacturing facilities.  Prohibit registered 
caregiver retail stores, registered dispensaries, marijuana testing facilities and 
manufacturing facilities that are operating with municipal approval in the municipality 
prior to the effective date of this section.  For purposes of this subsection, "municipal 
approval" means a specific examination and approval of the underlying use of the store, 
dispensary or facility, including a conditional use approval, site plan approval or issuance 
of a marijuana-specific business license.  "Municipal approval" does not include issuance 
of a building, electrical or other similar permit that does not address the use of the 
structure or facility for which the permit is issued; or
SUMMARY
This bill clarifies the Maine Medical Use of Marijuana Act by:
1.  Standardizing the term "caregiver retail store" by creating a definition of the term 
and replacing other variations of "retail store" in the Act with "caregiver retail store"; and 
2.  Defining "municipal approval" in the provisions regarding marijuana for medical 
use caregiver retail stores, dispensaries and facilities operating before the effective date of 
the Act as a specific examination and approval of the underlying use of the store, 
dispensary or facility, including a conditional use approval, site plan approval or issuance 
of a marijuana-specific business license and not including the issuance of a building, 
electrical or other similar permit that does not address the use of the structure or facility 
for which the permit was issued.