An Act Regarding Medical Marijuana
Maine Legislature, Session 129, LD 1738
Committee Amendment CA_A_H545 (House)
Amends: 22 MRSA §569, 22 MRSA §2423-A, 22 MRSA §2428, 28-B MRSA §503

COMMITTEE AMENDMENT ,JI" to H.P. 1236, L.D. 1738, Bill, "An Act 
Regarding Medical Marijuana" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, access to specialized marijuana strains and products is important to the 
well-being of qualifying patients; and 
Whereas, it is difficult for qualifying patients to find specialized marijuana strains 
and products in rural areas of the State; and 
Whereas, this legislation will enable caregivers and dispensaries to provide 
specialized marijuana strains and products to qualifying patients; and 
Whereas, the growing season is already underway and is of short duration; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 22 MRSA §569 is enacted to read: 
§569. Marijuana testing facility certification program and fund established 
1. Program established. The Department of Administrative and Financial Services, 
in consultation with the Maine Center for Disease Control and Prevention, shall establish 
within the Maine Center for Disease Control and Prevention a laboratory certification 
COMMITTEE AMENDMENT 
~"t..: 
"''" 
COMMITTEE AMENDMENT .. ,1,, to H.P. 1236, L.D. 1738 
program. referred to in this section as "the certification program," for the testing of 
medical and adult use marijuana in accordance with chapter 558-C and Title 28-B. 
2. Rules. The Department of Administrative and Financial Services, in consultation 
with the Maine Center for Disease Control and Prevention, shall adopt rules for the 
certification of a marijuana testing facility under chapter 558-C and a testing facility 
under Title 28-B, which must include a certification fee schedule. The annual fee for 
certifying a marijuana testing facility under chapter 558-C or a testing facility under Title 
28-B may not exceed $2,500 per year. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
3. Fund established. The Marijuana Testing Facility Certification Fund, referred to 
in this section as "the fund," is established as an Other Special Revenue Funds account in 
the Maine Center for Disease Control and Prevention for the purposes specified in this 
subsection. 
A. The State Controller shall credit to the fund: 
(1) All money received as a result of fees assessed by the Maine Center for 
Disease Control and Prevention under the certification program: 
(2) All money from any other source, whether public or private, designated for 
deposit into or credited to the fund: and 
(3) Interest earned or other investment income on balances in the fund. 
B. The fund may be used for expenses of the Maine Center for Disease Control and 
Prevention to administer the certification program. 
C. 
By January 15, 2021 and every 2 years thereafter, the Department of 
Administrative and Financial Services, in consultation with the Maine Center for 
Disease Control and Prevention, shall review the balance in the fund. If the balance 
in the fund exceeds $200,000, the Department of Administrative and Financial 
Services, in consultation with the Maine Center for Disease Control and Prevention, 
shall adopt rules to reduce the fees established under subsection 2 for a 2-year period 
beginning with the calendar year following the review. 
Sec. 2. 22 MRSA §2423-A, sub-§2, 11(-1, as enacted by PL 2017, c. 452, §4, is 
amended to read: 
K-1. 
Transfer to and accept from another registered caregiver or a dispensary 
marijuana plants and harvested marijuana in a wholesale transaction in accordance 
with this paragraph. A registered caregiver may transfer in wholesale transactions for 
reasonable compensation or for no remuneration up to ~ 
75% of the mature 
marijuana plants grown by the caregiver over the course of a calendar year, including 
any marijuana products or marijuana concentrate manufactured from that~ 75% 
of the mature marijuana plants grown by the caregiver. A registered caregiver may 
transfer to or accept from other registered caregivers and dispensaries in wholesale 
transactions an unlimited amount of immature marijuana plants and seedlings. A 
registered caregiver that acquires mature marijuana plants, marijuana products or 
marijuana concentrate in a wholesale transaction under this paragraph may not resell 
the mature marijuana plants, marijuana products or marijuana concentrate except to a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1236, L.D. 1738 
qualifying patient or to another registered caregiver or dispensary to assist a 
qualifying patient; 
Sec. 3. 22 MRSA §2423-A, sub-§10, ,in, as amended by PL 2017, c. 447, §10 
and c. 452, §4, is repealed and the following enacted in its place: 
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 officer or director qualification requirements; 
(2) Required security for marijuana testing facilities; and 
(3) Requirements for the registration. certification or other approval of marijuana 
testing facilities. 
The failure of the department to adopt rules under this paragraph does not prevent a 
marijuana testing facility from engaging in activities in compliance with this chapter. 
Sec. 4. 22 MRSA §2423-A, sub-§10, ,r.D-1 is enacted to read: 
D-1. Upon the adoption of rules pursuant to paragraph D and this paragraph, a 
marijuana testing facility must be certified by the certification program established 
pursuant to section 569 as meeting all operational and technical requirements in 
accordance with rules adopted by the department after consultation with the Maine 
Center for Disease Control and Prevention. Rules adopted pursuant to this paragraph 
are routine technical rules as defined in Title 5. chapter 375, subchapter 2-A. A 
marijuana testing facility operating in compliance with this chapter on the date of the 
adoption of rules pursuant to this paragraph and paragraph D may continue to operate 
pending completion of certification under this paragraph. 
The failure of the 
department to adopt rules under this paragraph does not prevent a marijuana testing 
facility from engaging in activities in compliance with this chapter. 
Sec. 5. 22 MRSA §2423-A, sub-§10, ~' as enacted by PL 2017, c. 447, §10 
and c. 452, §4, is repealed and the following enacted in its place: 
E. A marijuana testing facility shall obtain and must be able to produce, upon 
demand of the department or a municipal code enforcement officer, documentation of 
the facility's accreditation pursuant to standard ISO/IEC 17025 of the International 
Organization for Standardization by a 3rd-party accrediting body. 
Sec. 6. 22 MRSA §2423-A, sub-§10, ~ 
is enacted to read: 
F. The department and the Maine Center for Disease Control and Prevention may 
inspect a marijuana testing facility during regular business hours and hours of 
apparent activity for compliance with this chapter. 
Sec. 7. 22 MRSA §2428, sub-§1-A, ~' as enacted by PL 2017, c. 447, §21 and 
c. 452, §16, is repealed and the following enacted in its place: 
F. Except as provided in section 2426: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,fi" to H.P. 1236, L.D. 1738 
(1) Transfer marijuana plants and harvested marijuana to a gualifying patient and 
to a caregiver on behalf of a gualifying patient in a retail sale for reasonable 
compensation; 
(2) Transfer marijuana plants and harvested marijuana to a gualifying patient. 
caregiver or dispensary for no remuneration; 
(3) Acquire marijuana plants and harvested marijuana from another dispensary 
for no remuneration; 
( 4) Transfer to and accept from a registered caregiver or another dispensary 
marijuana plants and harvested marijuana in a wholesale transaction in 
accordance with this paragraph. A dispensary may transfer in wholesale 
transactions for reasonable compensation or for no remuneration up to 75% of the 
mature marijuana plants grown by the dispensary over the course of a calendar 
year, including any marijuana products or marijuana concentrate manufactured 
from that 75% of the mature marijuana plants grown by the dispensary. A 
dispensary may transfer to or accept from registered caregivers and dispensaries 
in wholesale transactions an unlimited amount of immatlU'e marijuana plants and 
seedlings. 
A dispensary that acquires matlU'e marijuana plants, marijuana 
products or marijuana concentrate in a wholesale transaction under this 
subparagraph may not resell the matlU'e marijuana plants, marijuana products or 
marijuana concentrate except to a gualifying patient or to a caregiver or 
dispensary to assist a qualifying patient; 
(5) 
Transfer harvested marijuana to a manufacturing facility and accept 
marijuana products and marijuana concentrate from the manufactlU'ing facility 
that are produced from the harvested marijuana the dispensary provided to the 
manufacturing facility; and 
(6) Provide samples to a marijuana testing facility for testing and research 
purposes; 
Sec. 8. 28-B MRSA §503, sub-§2, 1A, as enacted by PL 2017, c. 409, Pt. A, §6, 
is amended to read: 
A. 
Is certified for operation ey under the certification program within the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention established pursuant to Title 22, section 569 and, in accordance with rnles 
adopted by the department after consultation with the Department of Health and 
Human Services, Maine Center for Disease Control and Prevention, which must 
allow for inspection of the proposed or operational testing facility by the department 
and the Department of Health and Human Services, Maine Center for Disease 
Control and Prevention; 
Sec. 9. Appropriations and allocations. The following appropriations and 
allocations are made. 
BEAL TH AND HUMAN SERVICES, DEPARTMENT OF 
Maine Center for Disease Control and Prevention 0143 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"~"toH.P. 1236,L.D. 1738 
Initiative: Provides allocations to allow expenditure of additional certification fees. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2019-20 
$10,000 
$10,000 
2020-21 
$10,000 
$10,000 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the unanimous report of the committee, replaces the bill, 
which is a concept draft. The amendment: 
1. Adds an emergency preamble and clause to the legislation; 
2. Establishes a certification program within the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention for marijuana testing facilities 
under the Maine Medical Use of Marijuana Act and testing facilities under the adult use 
laws; 
3. Establishes the Marijuana Testing Facility Certification Fund as an Other Special 
Revenue Funds account within the Maine Center for Disease Control and Prevention; 
4. Requires marijuana testing facilities under the Maine Medical Use of Marijuana 
Act, like testing facilities under the adult use laws, to be certified by the Maine Center for 
Disease Control and Prevention; and 
5. Adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/04/19 ::Wac 
LD 1738 
LR 1889(02) 
An Act Regarding Medical Marijuana 
Fiscal Note for Bill as Amended by Committee Amendment fl (/I· SYS) 
Committee: Health and Human Services 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY 2020-21 
$10,000 
$10,000 
$10,000 
$10,000 
Projections 
FY 2021-22 
$10,000 
$10,000 
Projections 
FY 2022-23 
$10,000 
$10,000 
The bill includes Other Special Revenue Funds allocations to the Department of Health and Human Services of 
$10,000 beginning in fiscal year 2019-20 to allow expenditure of additional certification fees. 
LR1889(02) • Fiscal Note· Page 1 of 1