An Act To Clarify the Laws Related to the Use of Medical Marijuana and Workers' Compensation
Maine Legislature, Session 130, LD 1881
Committee: Labor and Housing
Sponsors: DILLINGHAM
Amends: 22 MRSA §2426, 22 MRSA §2430-C, 39-A MRSA §309

Legislative Document
No. 1881
H.P. 1391
House of Representatives, January 5, 2022
An Act To Clarify the Laws Related to the Use of Medical 
Marijuana and Workers' Compensation
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DILLINGHAM of Oxford.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, protecting a qualifying patient's authorized medical use of marijuana under 
the Maine Medical Use of Marijuana Act is critical; and
Whereas, the interaction between the Maine Workers' Compensation Act of 1992 and 
the Maine Medical Use of Marijuana Act needs clarification before the 90-day period 
expires; 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 §2426, sub-§2, ¶A, as enacted by IB 2009, c. 1, §5, is amended 
to read:
A.  A government medical assistance program or private health insurer to reimburse a 
person for costs associated with the medical use of marijuana; or
Sec. 2.  22 MRSA §2426, sub-§2, ¶B, as enacted by IB 2009, c. 1, §5, is amended 
to read:
B.  An employer to accommodate the ingestion of marijuana in any workplace or any 
employee working while under the influence of marijuana.; or
Sec. 3.  22 MRSA §2426, sub-§2, ¶C is enacted to read:
C.  An insurance company, as defined in Title 39-A, section 102, subsection 14, to 
reimburse a qualifying patient for costs associated with the medical use of marijuana.
Sec. 4.  22 MRSA §2430-C, sub-§10 is enacted to read:
10.  Workers' compensation.  A decision, lump-sum settlement or agreement under 
the Maine Workers' Compensation Act of 1992 may not prohibit an employee who is 
seeking determination of rights under the Act from engaging in conduct as a qualifying 
patient authorized by this chapter.
Sec. 5.  39-A MRSA §309, sub-§2, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read:
2.  Evidence.  The board or its designee need not observe the rules of evidence 
observed by courts, but shall observe the rules of privilege recognized by law.  The board 
or its designee shall admit evidence if it is the kind of evidence on which reasonable persons 
are accustomed to relying in the conduct of serious affairs.  The board or its designee may 
exclude irrelevant or unduly repetitious evidence. The board or its designee shall exclude 
evidence of an employee engaging in conduct as a qualifying patient authorized by the 
Maine Medical Use of Marijuana Act.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill provides that:
1. A decision, lump-sum settlement or agreement under the Maine Workers' 
Compensation Act of 1992 may not prohibit an employee from engaging in conduct as a 
qualifying patient pursuant to the Maine Medical Use of Marijuana Act;
2. The Maine Medical Use of Marijuana Act may not be construed to require an 
insurance company providing workers' compensation insurance to reimburse a qualifying 
patient for costs associated with the medical use of marijuana; and
3. The Workers' Compensation Board must exclude evidence of an employee engaging 
in conduct as a qualifying patient authorized by the Maine Medical Use of Marijuana Act 
in any proceedings before the board.