An Act To Enhance Access to, Education Regarding and Patient and Community Safety in Maine's Marijuana Programs
Maine Legislature, Session 130, LD 1948
Committee: Veterans and Legal Affairs
Sponsors: CLAXTON, WILLIAMS, HICKMAN, JACKSON, POULIOT, TIMBERLAKE, DILLINGHAM, SUPICA
Amends: 22 MRSA §2422, 22 MRSA §2423-B, 22 MRSA §2429-A, 22 MRSA §2429-E, 22 MRSA §2430-G, 28-B MRSA §102, 28-B MRSA §105, 28-B MRSA §114

Legislative Document
No. 1948
S.P. 685
In Senate, January 26, 2022
An Act To Enhance Access to, Education Regarding and Patient and 
Community Safety in Maine's Marijuana Programs
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CLAXTON of Androscoggin.
Cosponsored by Representative WILLIAMS of Bar Harbor and
Senators: HICKMAN of Kennebec, President JACKSON of Aroostook, POULIOT of 
Kennebec, TIMBERLAKE of Androscoggin, Representatives: DILLINGHAM of Oxford, 
SUPICA of Bangor.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation is necessary to immediately increase access to and safety of 
medical marijuana; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2422, sub-§1-G is enacted to read:
1-G.  Batch number.  "Batch number" means a unique combination of numbers and 
letters associated with a batch of harvested marijuana. A batch number includes an 8-digit 
number representing the year, month and day of the month followed by a description of the 
harvested marijuana that is 2 to 8 letters in length followed by the registration number of 
the caregiver, dispensary or manufacturing facility that harvested the plant material or 
manufactured the marijuana product or marijuana concentrate.
Sec. 2.  22 MRSA §2422, sub-§4-C, as amended by PL 2017, c. 452, §3, is further 
amended to read:
4-C.  Medical provider.  "Medical provider" means a physician licensed under Title 
32, chapter 36 or 48, a naturopathic doctor licensed under Title 32, chapter 113-B, a 
certified nurse practitioner licensed under Title 32, chapter 31 or a physician assistant 
licensed under Title 32, chapter 36 or 48.
Sec. 3.  22 MRSA §2422, sub-§4-T is enacted to read:
4-T.  Marijuana tincture.  "Marijuana tincture" means a solution that is intended to 
be consumed orally and is prepared from harvested marijuana blended with an edible 
solvent. For the purposes of this subsection, "edible solvent" includes but is not limited to 
edible oils, alcohol, glycerin, vinegar or witch hazel.
Sec. 4.  22 MRSA §2422, sub-§5-D is enacted to read:
5-D.  Packing slip.  "Packing slip" means a paper or card containing a batch number.
Sec. 5.  22 MRSA §2422, sub-§14-C is enacted to read:
14-C.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.
As used in this subsection, the following terms have the following meanings.
A.  "Asynchronous encounter" means an interaction between an individual and a 
medical provider through a system that has the ability to store digital information, 
including, but not limited to, still images, video files, audio files, text files and other 
relevant data, and to transmit such information without requiring the simultaneous 
presence of the individual and the medical provider.
B.  "Store and forward transfer" means the transmission of an individual's records 
through a secure electronic system to a medical provider.
C.  "Synchronous encounter" means a real-time interaction conducted with an 
interactive audio or video connection between an individual and a medical provider or 
between a medical provider and another medical provider.
D.  "Telemonitoring" means the use of information technology to remotely monitor an 
individual's health status via electronic means, allowing the medical provider to track 
the individual's health data over time.  Telemonitoring may be synchronous or 
asynchronous.
Sec. 6.  22 MRSA §2423-B, sub-§2-A, as amended by PL 2021, c. 387, §4, is 
further amended to read:
2-A.  Minor qualifying patient.  A medical provider who provides a written 
certification to a patient who has not attained 18 years of age shall:
A.  Shall  Prior to providing written certification, inform the qualifying patient and the 
parent, legal guardian or person having legal custody 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; and
B.  May provide a written certification to a qualifying patient if the patient is eligible 
for hospice services and has a medical diagnosis that, in the medical provider's 
professional opinion, may be alleviated by the therapeutic or palliative medical use of 
marijuana;
C.  May provide a written certification to a qualifying patient if the patient has a 
medical diagnosis of epilepsy, cancer, a developmental disability or an intellectual 
disability that, in the medical provider's professional opinion, may be alleviated by the 
therapeutic or palliative medical use of marijuana; and
D.  If a patient does not satisfy the requirements of paragraphs B and C, may provide 
a written certification to a qualifying patient after consulting with a physician from a 
list of physicians who may be willing to consult with a medical provider maintained 
by the department that is compiled by the department after consultation with the 
Department of Health and Human Services and statewide associations representing 
licensed medical professionals.  The consultation between the 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 medical 
provider and the parent, legal guardian or person having legal custody of the 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 medical 
diagnosis.  If the department or the consulting physician does not respond to a request 
by the medical provider within 10 days of receipt of the request, the medical provider 
may provide a written certification without consultation with a physician.
The parent, legal guardian or person having legal custody of a qualifying patient who 
has not attained 18 years of age may submit a request to the department for 
reimbursement of the costs associated with obtaining a 2nd opinion required by this 
paragraph.  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 from the Medical Use of Marijuana Fund under section 
2430 for the cost of the required 2nd consultation.
The department shall adopt routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A to implement the reimbursement request under this paragraph, except 
that, beginning July 1, 2021, rules adopted pursuant to this paragraph are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
E.  Provide the parent, legal guardian or person having legal custody of the qualifying 
patient with a reliable method of communicating with the medical provider at all times, 
including when the medical provider's office is closed, regarding the proper dosage of 
and mitigation of any side effects caused by marijuana used by the qualifying patient 
for medical purposes.
The department shall adopt major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A as necessary to implement the requirements of this subsection.
Sec. 7.  22 MRSA §2423-B, sub-§9 is enacted to read:
9.  Telehealth.  A medical provider providing a written certification for the medical 
use of marijuana under this section may consult with a patient seeking a written certification 
using telehealth services.
Sec. 8.  22 MRSA §2429-A, sub-§1, ¶C, as enacted by PL 2017, c. 452, §18, is 
amended to read:
C.  Packaged in a container with an integral measurement component and child-
resistant cap if the marijuana product is a multiserving liquid; and
Sec. 9.  22 MRSA §2429-A, sub-§1, ¶C-1 is enacted to read:
C-1.  Packaged in packaging or a container that is labeled with a batch number that 
must appear in a print no smaller in size than 8-point print, Times New Roman font. If 
the packaging or container for the harvested marijuana is too small to accommodate 
the batch number, a packing slip must be given to the qualifying patient as part of the 
sale; and
Sec. 10.  22 MRSA §2429-E is enacted to read:
§2429-E.  Wholesale packing slips
Harvested marijuana transferred in a wholesale transaction under section 2423-A or 
2428 must be accompanied by a packing slip.
Sec. 11.  22 MRSA §2430-G, sub-§1, ¶D is enacted to read:
D.  A registered caregiver or registered dispensary engaging in the retail sale of 
harvested marijuana shall report to the department by the 2nd Monday of each month 
the total number of wholesale transactions and retail sales made by the registered 
caregiver or registered dispensary and the total revenue generated by those transactions 
and sales.
Sec. 12.  22 MRSA §2430-G, sub-§1, ¶E is enacted to read:
E.  A registered caregiver or registered dispensary engaging in the retail sale of 
harvested marijuana shall maintain a record of each batch number associated with a 
retail sale, including a record of all ingredients included in the marijuana product sold 
and the origin of all harvested marijuana included in the marijuana product sold. A 
registered caregiver or registered dispensary must make the records maintained under 
this paragraph available for inspection by the department upon the department's 
demand.
Sec. 13.  22 MRSA §2430-G, sub-§5 is enacted to read:
5.  Sales data reporting.  The department shall produce and publish each month on its 
publicly accessible website a report summarizing the total number of wholesale 
transactions and retail sales under this chapter and the total revenue generated by those 
transactions and sales. Reports required under this section must also include separate 
summaries of revenues accrued to the Medical Use of Marijuana Fund under section 2430, 
as generated by registered caregivers and generated by registered dispensaries, 
respectively. Data reported under this subsection may be represented only in aggregate 
form and may not contain any information identifying registered caregivers, registered 
dispensaries or qualifying patients.
Sec. 14.  28-B MRSA §102, sub-§34-A is enacted to read:
34-A.  Marijuana tincture.  "Marijuana tincture" means a marijuana product that is a 
solution that is intended to be consumed orally and is prepared from marijuana plants 
blended with an edible solvent. For the purposes of this subsection, "edible solvent" 
includes but is not limited to edible oils, alcohol, glycerin, vinegar or witch hazel.
Sec. 15.  28-B MRSA §105, sub-§3 is enacted to read:
3.  Sales data reporting requirements.  A licensee engaging in the retail sale of adult 
use marijuana under this chapter shall report to the department by the 2nd Monday of each 
month the total number of retail sales made by the licensee and the total revenue generated 
by those sales.
Sec. 16.  28-B MRSA §114 is enacted to read:
§114.  Sales data reporting
The department shall produce and publish each month on its publicly accessible 
website a report summarizing the total number of retail sales made by licensees under this 
chapter and revenue generated by those sales. Data reported under this section may be 
represented only in aggregate form and may not contain any information identifying 
individual licensees or customers.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill makes the following changes to the Maine Medical Use of Marijuana Act:  
1.  It defines the terms "batch number," "marijuana tincture," "packing slip" and 
"telehealth services" and amends the definition of "medical provider"; 
2.  It establishes requirements for the inclusion of batch numbers on the packaging or 
container or on a packing slip for retail and wholesale transactions of harvested marijuana; 
3.  It amends the requirements for medical providers providing written certification to 
qualifying patients who are minors including by imposing a requirement for medical 
providers to be available after hours for questions about a minor patient's use of medical 
marijuana; 
4.  It authorizes the use of telehealth services for medical providers to meet with 
patients seeking a written certification for the medical use of marijuana;
5.  It adds naturopathic doctors to the list of medical providers that may issue written 
certifications and clarifies that medical providers who issue written certifications must be 
licensed in Maine; and
6.  It requires the Department of Administrative and Financial Services to publish on 
its website a monthly report on sales data, as well as a breakdown of revenues generated 
by registered caregivers and dispensaries. 
The bill makes the following changes to the Marijuana Legalization Act:
1.  It defines the term "marijuana tincture"; and
2.  It requires the Department of Administrative and Financial Services to publish on 
its website a monthly report on retail sales data.