An Act To Clarify Certain Provisions of the Maine Medical Use of Marijuana Act
Maine Legislature, Session 129, LD 1129
Committee Amendment CA_A_H346 (House)
Amends: 22 MRSA §2422, 22 MRSA §2429-D

COMMITTEE AMENDMENT "A" to H.P. 818, L.D. 1129, Bill, "An Act To 
Clarify Certain Provisions of the Maine Medical Use of Marijuana Act" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec, 1. 22 MRSA §2422, sub-§1-F is enacted to read: 
1-F. Caregiver retail store. "Caregiver retail store" means a store that has attributes 
generally associated with retail stores, including, but not limited to, a fixed location, a 
sign, regular business hours, accessibility to the public and sales of goods or services 
directly to a consumer, and that is used by a registered caregiver to offer marijuana plants 
or harvested marijuana for sale to qualifying patients.' 
Amend the bill by striking out all of section 5 and inserting the following: 
'Sec. 5. 22 MRSA §2429-D, as enacted by PL 2017, c. 452, §18, is amended to 
read: 
§2429-D. Local regulation 
Pursuant to the home rule authority granted under the Constitution of Maine, Article 
VIII, Part Second and Title 30-A, section 3001, a municipality may regulate registered 
caregivers, registered caregiver retail stores operating pursuant to section 2423-A, 
subsection 2, paragraph P, registered dispensaries, marijuana testing facilities and 
manufacturing facilities. 
A municipality may not: 
1. Registered caregivers. Prohibit or limit the number of registered caregivers; 
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 an examination and approval of the store, dispensary or facility for the 
use of the premises consistent with conduct authorized under this chapter, including, but 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "to H.P. 818,L.D.1129 
not limited to, a conditional use approval or site plan approval. "Municipal approval" 
does not include issuance of a building, electrical or other similar permit or authorization 
that does not address the use of the structure or facility for which the permit or 
authorization is issued; or 
3. Municipal authorization needed. Authorize ragistsrnd caregiver retail stores, 
registered dispensaries, marijuana testing facilities and manufacturing facilities that are 
not operating on the effective date of this section to operate in the municipality unless the 
municipal legislative body, as defined in Title 30-A, section 2001, subsection 9, has voted 
to adopt or amend an ordinance or approve a warrant article allowing registered caregiver 
retail stores, registered dispensaries, marijuana testing facilities or manufacturing 
facilities, as applicable, to operate within the municipality.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This bill, which is the unanimous report of the committee, provides a different 
definition of "caregiver retail store" and clarifies the provisions regarding municipal 
approval of caregiver retail stores, registered dispensaries, marijuana testing facilities and 
manufacturing facilities. 
COMMITTEE AMENDMENT