An Act To Support Maine's Medical Marijuana Program and Ensure Patient Access
Maine Legislature, Session 130, LD 0939
Committee: Veterans and Legal Affairs
Sponsors: PLUECKER, MIRAMANT, TALBOT ROSS, WILLIAMS, CLAXTON, FARRIN, JACKSON, MAXMIN
Amends: 22 MRSA §2423-A, 22 MRSA §2423-F, 22 MRSA §2425-A, 22 MRSA §2428, 22 MRSA §2429-B, 22 MRSA §2430-G

Legislative Document
No. 939
H.P. 695
House of Representatives, March 8, 2021
An Act To Support Maine's Medical Marijuana Program and 
Ensure Patient Access
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: TALBOT ROSS of Portland, WILLIAMS of Bar Harbor, Senators: 
CLAXTON of Androscoggin, FARRIN of Somerset, President JACKSON of Aroostook, 
MAXMIN of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2423-A, sub-§2, ¶I, as amended by PL 2017, c. 452, §4, is 
further amended to read:
I.  Hire any number of assistants who are 21 years of age or older to assist in performing 
the duties of the caregiver;
Sec. 2.  22 MRSA §2423-A, sub-§2, ¶I-1 is enacted to read:
I-1.  Hire any number of assistants who are 18 years of age or older and under 21 years 
of age if they are also a member of the family of the caregiver to assist in performing 
the duties of the caregiver;
Sec. 3.  22 MRSA §2423-A, sub-§2, ¶K-1, as amended by PL 2019, c. 354, §2, is 
further 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% an unlimited amount 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% an unlimited amount 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 qualifying patient or to another registered caregiver or 
dispensary to assist a qualifying patient;
Sec. 4.  22 MRSA §2423-A, sub-§2, ¶P, as amended by PL 2019, c. 217, §2, is 
further amended to read:
P.  Operate one caregiver retail store to sell harvested marijuana to qualifying patients 
for the patients' medical use in accordance with this chapter; and
Sec. 5.  22 MRSA §2423-A, sub-§2, ¶Q, as enacted by PL 2017, c. 452, §4, is 
amended to read:
Q.  Be organized as any type of legal business entity recognized under the laws of the 
State.; and
Sec. 6.  22 MRSA §2423-A, sub-§2, ¶R is enacted to read:
R.  Accept a digital image of a written certification for the purposes of initiating a 
transaction for harvested marijuana.  The caregiver must verify the written certification 
in person before transferring any harvested marijuana to the qualifying patient.
Sec. 7.  22 MRSA §2423-A, sub-§10, ¶B, as repealed and replaced by PL 2019, c. 
331, §13, is amended to read:
B.  An assistant of a marijuana testing facility may have access to cultivation areas 
pursuant to subsection 3, paragraphs A and B and section 2428, subsection 6, paragraph 
I.  An assistant of a marijuana testing facility must be 21 years of age or older.
Sec. 8.  22 MRSA §2423-F, sub-§4, ¶G, as repealed and replaced by PL 2019, c. 
331, §17, is amended to read:
G.  May hire any number of assistants who are 21 years of age or older to assist in 
performing the duties of the manufacturing facility.
Sec. 9.  22 MRSA §2423-F, sub-§5, ¶G, as repealed and replaced by PL 2019, c. 
331, §17, is amended to read:
G.  May hire any number of assistants who are 21 years of age or older to assist in 
performing the activities authorized under this subsection, except that a qualifying 
patient authorized under subsection 3 may not hire an assistant.
Sec. 10.  22 MRSA §2423-F, sub-§10, ¶F, as repealed and replaced by PL 2019, 
c. 331, §17, is amended to read:
F.  Minimum record-keeping requirements, including an annual audit requirement.
Sec. 11.  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.  The criminal history record check is valid for one year from 
the date it was conducted, regardless of the person's employment status.  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 patient 
consents in writing to:
(1)  The qualifying patient's medical use of marijuana;
(2)  Serving as one of the qualifying patient's caregivers; and
(3)  Controlling 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.
Sec. 12.  22 MRSA §2425-A, sub-§5, ¶A, as enacted by PL 2017, c. 452, §12, is 
amended to read:
A.  A registry identification card expires one year after the date of issuance, regardless 
of the person's employment status.  The card must contain:
(1)  The name of the cardholder;
(2)  The date of issuance and expiration date;
(3)  A random identification number that is unique to the cardholder; and
(4)  A clear designation showing whether the cardholder is allowed under this 
chapter to cultivate marijuana plants.
Sec. 13.  22 MRSA §2425-A, sub-§10, ¶B, as enacted by PL 2017, c. 452, §12, is 
repealed and the following enacted in its place:
B.  There is an annual registration fee for a caregiver who cultivates marijuana plants 
on behalf of a qualifying patient pursuant to section 2423-A, subsection 2, paragraph 
B.
(1)  For a caregiver cultivating based upon plant count, the fee may not be less than 
$50 or more than $240 for each group of up to 6 mature marijuana plants cultivated 
by the caregiver. The caregiver shall notify the department of the number of 
marijuana plants the caregiver cultivates.
(2)  For a caregiver cultivating based upon plant canopy, the fee may not be less 
than $50 or more than $1,500 for a total plant canopy of 500 square feet or less.
Sec. 14.  22 MRSA §2428, sub-§1-A, ¶K, as enacted by PL 2017, c. 452, §16, is 
amended to read:
K.  Hire any number of assistants who are 21 years of age or older to assist in 
performing the duties of the dispensary; and
Sec. 15.  22 MRSA §2429-B, sub-§1, ¶C, as enacted by PL 2017, c. 452, §18, is 
amended to read:
C.  Be placed or otherwise used within 1,000 feet of the property line of a preexisting 
public or private school, except that, if a municipality chooses to prohibit the placement 
or use of signs or advertising by or on behalf of a registered caregiver or dispensary at 
distances greater than or less than 1,000 feet but not less than 500 feet from the property 
line of a preexisting public or private school, that greater or lesser distance applies; or
Sec. 16.  22 MRSA §2429-B, sub-§1, ¶D, as enacted by PL 2017, c. 452, §18, is 
amended to read:
D.  Violate any other requirement or restriction on signs, advertising and marketing 
imposed by the department by rule pursuant to subsection 2; or.
Sec. 17.  22 MRSA §2429-B, sub-§1, ¶E, as amended by PL 2019, c. 331, §29, is 
repealed.
Sec. 18.  22 MRSA §2429-B, sub-§2, ¶D, as enacted by PL 2017, c. 452, §18, is 
amended to read:
D.  A prohibition on advertising or marketing directed toward location-based devices, 
including, but not limited to, cellular telephones, unless the marketing is a mobile 
device application installed on the device by the owner of the device who is 21 years 
of age or older and unless such marketing includes a permanent and easy opt-out 
feature and the owner of the device is 21 years of age or older.
Sec. 19.  22 MRSA §2430-G, sub-§1, ¶A, as enacted by PL 2017, c. 452, §24, is 
amended by amending subparagraph (2) to read:
(2)  Keep the books and records maintained by the registered caregiver, registered 
dispensary, marijuana testing facility or manufacturing facility for a period of 7 2 
years; and
Sec. 20.  22 MRSA §2430-G, sub-§1, ¶A, as enacted by PL 2017, c. 452, §24, is 
amended by repealing subparagraph (3).
SUMMARY
This bill makes the following changes to the Maine Medical Use of Marijuana Act.
1. It allows caregivers to employ assistants who are 18 years of age or older and under 
years of age if they are also a member of the family of the caregiver and clarifies that 
assistants hired by caregivers, registered dispensaries, marijuana testing facilities and 
manufacturing facilities must otherwise be 21 years of age or older.
2. It allows registered caregivers and dispensaries to transfer to and accept from another 
registered caregiver or a dispensary an unlimited amount of their marijuana plants and 
harvested marijuana in a wholesale transaction.
3. It allows caregivers to accept a digital image of a written certification for the 
purposes of initiating a transaction for harvested marijuana and requires the caregiver to 
verify the written certification in person before transferring any harvested marijuana to the 
qualifying patient.
4. It allows registration identification cards and criminal history record checks to be 
valid for one year regardless of employment status.
5. It adds a fee structure for a caregiver cultivating based upon plant canopy.
6. It repeals the prohibition on marketing marijuana plants or harvested marijuana to 
any adult use marijuana market within the same sign, advertisement or marketing material.
7. It removes the provision allowing the Department of Administrative and Financial 
Services to adopt rules allowing advertising or marketing using location-based services if 
the marketing is a mobile device application installed on a device by the owner of the device 
who is 21 years of age or older if it includes a permanent and easy opt-out feature.  It 
provides instead that the Department of Administrative and Financial Services may adopt 
rules allowing advertising or marketing using location-based services if such marketing 
includes a permanent and easy opt-out feature and the owner of the device is 21 years of 
age or older.
8. It changes the period of time registered caregivers, registered dispensaries, marijuana 
testing facilities and manufacturing facilities must keep records from 7 years to 2 years.
9. It repeals the requirement that registered caregivers, registered dispensaries, 
marijuana testing facilities and manufacturing facilities have annual audits by an 
independent 3rd party.