An Act To Improve Compliance with Department of Administrative and Financial Services, Office of Marijuana Policy Registration and Licensure Requirements
Maine Legislature, Session 129, LD 2002
Committee: Veterans and Legal Affairs
Sponsors: BAILEY
Amends: 22 MRSA §2425-A, 28-B MRSA §106

Legislative Document
No. 2002
H.P. 1418
House of Representatives, January 8, 2020
An Act To Improve Compliance with Department of Administrative 
and Financial Services, Office of Marijuana Policy Registration and 
Licensure Requirements
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 203.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Saco.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  22 MRSA §2425-A, sub-§3, as enacted by PL 2017, c. 452, §12, is 
amended to read:
3.  Application for registry identification card; qualifications.  The department 
shall register and issue a registry identification card to an applicant who submits a 
complete application that meets the requirements of this subsection.
The department shall conduct a criminal history record check for any applicant for a 
registry identification card.  Except as provided in subsection 3-A, the department may 
not issue a registry identification card to an applicant who is not permitted under this 
chapter to have a disqualifying drug offense.
An application must include, as applicable:
A.  The annual fee required pursuant to subsection 10; and
B.  A statement that the requirements of section 2423-B have been met if the 
qualifying patient applying for the registry identification card has not attained 18 
years of age and the qualifying patient's parent, guardian or person having legal 
custody of the qualifying patient consents in writing to:
(1)  The qualifying patient's medical use of marijuana;
(2)  Serving Serve as one of the qualifying patient's caregivers; and
(3)  Controlling Control the acquisition of the marijuana plants or harvested 
marijuana and the dosage and the frequency of the medical use of marijuana by 
the qualifying patient.; and
C.  The applicant's social security number.
Sec. A-2.  22 MRSA §2425-A, sub-§4, ¶B, as enacted by PL 2017, c. 452, §12, 
is amended to read:
B.  The department may deny an application for a card or for renewal of a card only 
if:
(1)  The applicant did not provide the information required pursuant to subsection 
3;
(2)  The department determines that the applicant does not qualify; or
(3)  The department determines that the information provided by the applicant 
was falsified.; or
(4)  The department determines, upon review of the social security number 
supplied by the applicant, that a registry identification card has already been 
issued to an individual using that social security number who is not the applicant.
Sec. A-3.  22 MRSA §2425-A, sub-§12, ¶L, as enacted by PL 2017, c. 452, §12, 
is repealed and the following enacted in its place:
L.  The department shall comply with the provisions of Title 36, section 175.
(1)  Information provided by the department pursuant to this paragraph may be 
used by the Department of Administrative and Financial Services, Bureau of 
Revenue Services only for the administration and enforcement of taxes imposed 
under Title 36.
(2)  Social security numbers provided to the department pursuant to subsection 3 
may be used by the office of marijuana policy within the department to verify the 
identity of each applicant for a registry identification card.  It is unlawful for any 
public official or any employee or agent of the office of marijuana policy within 
the department to inspect, review, divulge, make known in any manner or 
otherwise use any individual's social security number for any purpose other than 
the conduct of the official duties described in this section.  A person who 
willfully violates this subparagraph commits a Class E crime.  A person who 
willfully violates this subparagraph who is an officer, employee or agent of the 
State must be dismissed from office.
PART B
Sec. B-1.  28-B MRSA §106, as enacted by PL 2017, c. 409, Pt. A, §6, is amended 
to read:
§106.  Individual identification cards
The department shall issue individual identification cards to natural persons licensed 
under this chapter and, upon the request of a licensee, shall issue individual identification 
cards to owners, officers, managers, contractors, employees or other support staff of the 
licensee who meet the requirements of this section for the issuance of an individual 
identification card.  Individual identification cards issued by the department must be 
renewed annually using forms provided by the department.
1.  Rules.  The department shall adopt rules regarding the issuance and format of and 
the information to be included on individual identification cards issued pursuant to this 
section.
2.  Criminal history record check.  Prior to issuing an individual identification card 
to a natural person pursuant to this section, the department shall require the person to 
submit to a criminal history record check in accordance with section 204.
3.  Social security number disclosure required.  Prior to issuing or renewing an 
individual identification card to a natural person pursuant to this section, the department 
shall require the person to disclose to the department the person's social security number 
to allow the department to verify the identity of the individual identification card holder. 
It is unlawful for any public official or an employee or agent of the office of marijuana 
policy within the department to inspect, review, divulge, make known in any manner or 
otherwise use any individual's social security number for any purpose other than the 
conduct of the official duties described in this section.  A person who willfully violates 
this subsection commits a Class E crime.  A person who willfully violates this subsection 
who is an officer, employee or agent of the State must be dismissed from office.
SUMMARY
This bill does the following.
Part A authorizes the Department of Administrative and Financial Services to collect 
and use the social security numbers of applicants to ensure that only one registry 
identification card is issued to each participant under the Maine Medical Use of 
Marijuana Act.
Part B authorizes the office of marijuana policy within the Department of 
Administrative and Financial Services to collect and use the social security numbers of 
applicants to ensure that only one individual identification card is issued to each 
individual identification card holder under the Marijuana Legalization Act.