An Act To Update and Clarify the Maine Medical Use of Marijuana Act and Provide for Greater Transparency
Maine Legislature, Session 130, LD 1928
Committee Amendment CA_A_H960 (House)
Amends: 22 MRSA §2422, 22 MRSA §2423-A, 22 MRSA §2423-B, 22 MRSA §2425-A, 22 MRSA §2428, 22 MRSA §2429-A, 22 MRSA §2430-C

COMMITTEE AMENDJ\IBNT "A" to H.P. 1435, L.D. 1928, "An Act To Update 
and Clarify the Maine Medical Use of Marijuana Act and Provide for Greater Transparency 
" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Update and Clarify the Maine Medical Use of Marijuana Act' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 22 MRSA §2422, sub-§1-G is enacted to read: 
1-G. Complete application. "Complete application" means, with respect to an 
application for a registry identification card or a registration certificate, that: 
A. The applicant has completed and submitted to the department all application forms 
required and provided by the department; 
B. The applicant has submitted to the department documentation sufficient to satisfy 
all applicable residency requirements of this chapter, which may include, but is not 
limited to, a valid photographic identification card issued by the State; 
C. If required by the department pursuant to this chapter, the applicant has submitted 
to a criminal history record check; 
D. If applying for a registry identification card for a caregiver or a registration 
certificate for a dispensary, the applicant has registered with the State Tax Assessor 
pursuant to Title 36, section 1754-B to collect and remit the sales tax on the sale of 
harvested marijuana imposed under Title 36, section 1811 and has provided to the 
department documentation of the registration; and 
E. If applying for a registration certificate for a dispensary, the applicant has submitted 
to the department documentation sufficient to show that the applicant has fulfilled any 
applicable municipal authorization requirements for the municipality in which the 
applicant intends to operate the dispensary. 
COMMITTEE AMENDMENT 
y...os 
COMMITTEE AMENDMENT 'A" to H.P. 1435, L.D. 1928 
Sec. 2. 22 MRSA §2422, sub-§3, as amended by PL 2017, c. 452, §3, is further 
amended to read: 
3. Cultivation area. "Cultivation area" means an indoor or outdoor area used for 
cultivation of mature marijuana plants, immature marijuana plants or seedlings in 
accordance with this chapter that is enclosed and equipped with locks or other security 
devices that permit access only by a person authorized to have access to the area under this 
chapter. A cultivation area may include multiple indoor or outdoor areas, whether 
contiguous or noncontiguous, on the same parcel or tract of land. 
Sec. 3. 22 MRSA §2422, sub-§4-T is enacted to read: 
4-T. Immature plant canopy. "Immature plant canopy" means the total surface area 
within a cultivation area where immature marijuana plants are growing. The surface area 
of the immature plant canopy must be calculated in square feet and measured using the 
outside boundaries of the area and must include all of the area within the boundaries. If the 
surface area of the immature plant canopy consists of noncontiguous areas, each component 
area must be separated by identifiable boundaries. If a tiered or shelving system is used in 
the cultivation area, the surface area of each tier or shelf must be included in calculating 
the area of the immature plant canopy. Calculation of the surface area of the immature plant 
canopy may not include the areas within the cultivation area that are not used at any time 
to cultivate immature marijuana plants. 
Sec. 4. 22 MRSA §2422, sub-§4-U is enacted to read: 
4-U. 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. 
Sec. 5. 22 MRSA §2422, sub-§7-B, as enacted by PL 2019, c. 256, §1, is amended 
to read: 
7-B. Plant Mature plant canopy. "Plant Mature plant canopy" means the total 
surface area within a cultivation area th&t is dedicated to the cultiv&tion of mawe marijuana 
f➔-1:ants where mature marijuana plants are growing. The surface area of the mature plant 
canopy must be calculated in square feet and measured using the outside boundaries of the 
area and must include all of the area within the boundaries. If the surface area of the mature 
plant canopy consists of noncontiguous areas, each component area must be separated by 
identifiable boundaries. If a tiered or shelving system is used in the cultivation area~ the 
surface area of each tier or shelf must be included in calculating the area of the mature plant 
canopy. Calculation of the surface area of the mature plant canopy may not include the 
areas within the cultivation area that are used to cultiv&te imm&tl:1-Fe marijuana plants and 
seedliags and that are not used at any time to cultivate mature marijuana plants. 
Sec. 6. 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. "Telehealth services" includes synchronous 
encounters, store and forward transfers, telemonitoring and asynchronous encounters. 
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, 
COMMITTEE AMENDMENT 
~OC'?:, 
COMMITTEE AMENDMENT "A" to H.P. 1435, L.D. 1928 
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. 
Sec. 7. 22 MRSA §2422, sub-§14-D is enacted to read: 
14-D. Timely filed. "Timely filed" means, with respect to an application submitted 
for renewal of a registry identification card or an application submitted for renewal of a 
registration certificate, that the applicant submits a complete application to the department 
no sooner than 60 days and no later than 30 days prior to the expiration date of the current 
registry identification card or the current registration certificate. 
Sec. 8. 22 MRSA §2422, sub-§16, as amended by PL 2017, c. 452, §3, is further 
amended to read: 
16. Written certification. "Written certification" means a document ea ta,rapor 
rosista:B:t paper signed by a medical provider tha-t is valid for the term pro-vided by tho 
qualifyiag pa-tiont' s medical provider, e1wept that the toffil of a vlfittea oertifioation may aot 
o:iwood one year, and issued to a qualifying patient in accordance with section 2423-B, or 
a digital image of that document issued by the medical provider that meets the requirements 
of section 2423-B, subsection 4, that states that~ in the medical provider's professional 
opinion a, 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 or symptoms associated 
with the medical diagnosis. 
Sec. 9. 22 MRSA §2423-A, sub-§1, ~' as amended by PL 2017, c. 452, §4, is 
further amended to read: 
B. Cultivate, or designate a caregiver operating under subsection 3, paragraph C to 
cultivate under paragraph F-1, subparagraph (1), up to a total of 6 mature marijuana 
plants, 12 immature marijuana plants and unlimited seedlings for that qualifying 
patient. The total number of mature marijuana plants per qualifying patient, whether 
cultivated by the patient or by a caregiver operating under subsection 3, paragraph C, 
may not exceed 6. The total number of immature marijuana plants per qualifying 
patient, whether cultivated by the patient or by a caregiver operating under subsection 
3, paragraph C, may not exceed 12. Two or more qualifying patients who are members 
of the same household and cultivating their own marijuana plants may share eH:e not 
more than 2 cultivation area areas; 
Sec. 10. 22 MRSA §2423-A, sub-§2, ~' as amended by PL 2019, c. 256, §2, is 
further amended to read: 
COMMITTEE AMENDMENT 
·"' 
i6S 
COMMITTEE AMENDMENT" A" to H.P. 1435, L.D. 1928 
B. Cultivate up to 30 mature marijuana plants or 500 squaw feet of plant caeopy, !fil 
to 60 immature marijuana plants and unlimited seedlings or cultivate up to 500 square 
feet of mature plant canopy, up to 1,000 square feet of immature plant canopy and 
unlimited seedlings. A caregiver may not cultivate immature plants by canopy if 
cultivating mature plants by plant count and may not cultivate immature plants by plant 
count if cultivating mature plants by canopy: 
Sec. 11. 22 MRSA §2423-A, sub-§2, ~' as amended by PL 2017, c. 452, §4, is 
further amended to read: 
K. 
Transfer marijuana plants immature marijuana plants, seedlings, seeds and 
harvested marijuana to a qualifying patient, another caregiver or a registered dispensary 
for reasonable compensation or for no remuneration; 
Sec. 12. 22 MRSA §2423-A, sub-§2, ~' as amended by PL 2021, c. 367, §4, 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. 13. 22 MRSA §2423-A, sub-§2, 1Q, as amended by PL 2021, c. 367, §5, is 
further amended to read: 
Q. Be organized as any type of legal business entity recognized under the laws of the 
State:;--iHHl,. 
Sec. 14. 22 MRSA §2423-A, sub-§2, ~, as enacted by PL 2021, c. 367, §6, is 
repealed. 
Sec. 15. 22 MRSA §2423-A, sub-§3, ~' as amended by PL 2017, c. 452, §4, is 
further amended to read: 
B. A caregiver cultivating marijuana plants for a patient's medical use must keep all 
plants in a cultivation area unless the plants are being transported pursuant to 
subsection 2, paragraph 0. Access to a culti->";ation area is limited to the earegi->",rer, 
ex:cept that an eleeted officia-1 invited by the caregiver for the puffJose of providing 
education to the eleeted offieia-1 on cultivation by the caregiver, emergency serviees 
persoooel, an assistant of a caregiver or a marijuana testing facility or a person who 
needs to gaiR aceess to a cuki1;ation area in order to perform repairs or mainteeance or 
to do eonstruotioe m{¼)' aceess a cukivation area to provide those professiona-1 services 
while under the direct supervision of the caregiver. 
(1) 
The caregiver shall ensure that the mature marijuana plants, immature 
marijuana plants and seedlings cultivated by the caregiver are kept in separate 
cultivation areas. 
The cultivation area for mature marijuana plants and the 
cultivation area for immature marijuana plants and seedlings may be located on 
separate parcels or tracts of land, whether the parcels or tracts of land are 
contiguous or noncontiguous, as long as the caregiver discloses the locations of all 
cultivation areas to the department. The caregiver may not maintain more than 2 
cultivation areas. The caregiver shall ensure that the cultivation area for mature 
marijuana plants and the cultivation area for immature marijuana plants comply 
with the plant count or plant canopy limitations of subsection 2, paragraph B. 
COMMITTEE AMENDMENT 
~oSi 
COMMITTEE AMENDMENT" )r to H.P. 1435, L.D. 1928 
(2) Access to cultivation areas is limited to the caregiver, except that an elected 
official invited by the caregiver for the purpose of providing education to the 
elected official on cultivation by the caregiver, emergency services personnel, an 
assistant of a caregiver or a marijuana testing facility or a person who needs to gain 
access to a cultivation area in order to perform repairs or maintenance or to do 
construction may access a cultivation area to provide those professional services 
while under the direct supervision of the caregiver. 
Sec. 16. 22 MRSA §2423-A, sub-§3, ~' as amended by PL 2017, c. 452, §4, is 
further amended to read: 
D. Two caregivers who are members of the same family or household may share the 
same not more than 2 cultivation afe8: areas. 
Sec. 17. 22 MRSA §2423-A, sub-§3, ~' as amended by PL 2017, c. 452, §4, is 
further amended to read: 
E. A person who is authorized to cultivate marijuana plants under subsection 1 or 2 
and who is an assistant of a caregiver pursuant to subsection 2, paragraph I may not 
cultivate that person's own marijuana plants in the .1! cultivation area ey of the caregiver 
who employs that person. 
Sec. 18. 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 proviEle a written certifieation to a qualifying patient if the patient is eligible 
for hospiee services a-n:El has a medical diagnosis that, ifl the medical provider's 
professional opi-Rion, may be alleviated by the therapeutic or palliative medical use of 
marijuana; 
C. May provide a 1.vritten certification to a qualifying patient if the patient has a 
medical diagnosis of epilepsy, ca-n:cer, a de1,relopmental disability or an ifltellectual 
Elisability 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 Eloes not satisfy the requirements of paragraphs B anEl C, may pro11ide 
a vlfitten certification to a qualifying patient after consulting 1.Yith a physician from a 
list of physicians 1,vho may be 1,villing to consuk with a meElical provider mai-RtaineEl 
by the department that is compiled by the department after consultation v.rith the 
Department of Health a-n:d Human Services a-n:d stat01.11iEle associations representing 
licOB:sed medical professinaals. The consultation betweOB: the medical provider and the 
consulting physicia-n: may consist of examination of the patient or reviein of the patient's 
medical file. The consulting physician shall proviEle a-n: advisory opi-Rion to the meElical 
provider and the parent, legal gaardia-n: or person having legal custody of the qualifying 
patient concerning whether the patient is likely to receive therapeutic or palliative 
COMMITTEE AMENDMENT 
~as 
COMMITTEE AMENDMENT" /J{ to H.P. 1435, L.D. 1928 
beBefit ftom the meeieal use of marij'l:laBa to treat or alle:viate the patieBt' s medical 
diagnosis. If the department Of the consuking physician does not fespond to a feqaest 
by the medical prnvidOF v;ithin 10 days of feceipt of the fequest, the medical pFOvidef 
may pFOvide a wfittea certification 1.vithoat consakation vt1ith a physician. 
The paFent, legal guaFdiaa Of pefsoa having legal oastody of a qaalifying patient who 
has not attained 18 yeafs of age may sabmit a request to the depaFtment fof 
reimbarsement of the oosts assooiated with obtaR'l:ing a 2nd opimon fequ-ired by this 
paFagraph. Requests must be sabmitted on a feral de:veloped by the department. The 
depaFtment shall review the family's alllH.lal income and e*penses in deteFmining 
whethef to feimbarse the family ftom the Medical Use of Mafijuaaa Fl:H'l:d under section 
2430 for the cost of the fequked 2nd ooasultation. 
The depaFtment shall adopt roatine technioal rules as defined in Title 5, ohaptef 3 75, 
sabohapter 2 f,. to implement the reimbarsement Feql:l:est ooder this paragraph, e~wept 
that, begHl:fling July 1, 2021, rules adopted pursuant to this paragraph are major 
soostantive rules as defmed in Title 5, ohapter 375, sabchapter 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. 19. 22 MRSA §2423-B, sub-§3, as amended by PL 2017, c. 452, §5, is further 
amended to read: 
3. Expiration. A written certification form for the medical use of marijuana under 
this section is valid for the term provided by the qualifying patient's medical provider,. 
which must be included in the written certification and which may not exceed one year. 
Sec. 20. 22 MRSA §2423-B, sub-§4, as amended by PL 2017, c. 452, §5, is further 
amended to read: 
4. Form; content; digital image. A written certification under this section must be 
issued on tamper-resistant paper provided by the department in the form required by rule 
adopted by the department and may not require a qualifying patient's medical provider to 
state the patient's specific medical diagnosis. A medical provider may also provide to a 
qualifying patient a digital image of the patient's written certification document as long as 
the document portrayed in the digital image is identical to the document issued by the 
medical provider and the information contained in the document is legible in the digital 
image. 
Sec. 21. 22 MRSA §2423-B, sub-§9 is enacted to read: 
9. Telehealth. A medical provider who provides written certifications for the medical 
use of marijuana under this section may use telehealth services to consult with a patient 
subject to the following conditions: 
A. A medical provider using telehealth services to consult with a patient seeking a 
written certification for the medical use of marijuana under this section shall engage in 
COMMITTEE AMENDMENT 
A 
,···~ 
~o 
COMMITTEE AMENDMENT ,A,, to H.P. 1435, L.D. 1928 
a synchronous encounter with a patient before providing a written certification or 
renewal of a written certification; and 
B. A medical provider who provides written certifications for the medical use of 
marijuana and uses telehealth services to consult with patients shall operate within the 
standards of practice determined by the licensing board for that medical provider. 
Sec. 22. 22 MRSA §2425-A, sub-§4, as enacted by PL 2017, c. 452, §12, is 
amended to read: 
4. Issuance or denial of registry identification cards. The department shall verify 
the information contained in an application for a registry identification card or for renewal 
of a card submitted pursuant to subsection 3 and shall approve or deny aft a complete 
application for a eard or for relle•.val of a eard in accordance with this subsection within 30 
days of reeeivmg it receipt. 
A. 
Within 5 business days of approving a eoB1pleted complete application, the 
department shall issue a registry identification card to the applicant. 
B. The department may deny an application for a card or for renewal of a card only if: 
(1) The applicant did not provide the information required pursuant to subsection 
3; 
(2) The department determines that the applicant does not qualify; or 
(3) The department determines that the information provided by the applicant was 
falsified. 
C. The department shall notify the applicant and, if the applicant is an officer or 
director or assistant of a registered dispensary, the registered dispensary, in writing of 
the reason for denying the registry identification card. 
An applicant whose application is denied pursuant to this subsection may request an 
administrative hearing in accordance with Title 5, chapter 375, subchapter 4. 
In the case of a caregiver's application for renewal of a registry identification card, upon 
receipt of a timely filed, complete application submitted by the caregiver, the department 
shall provide the caregiver with a written statement acknowledging receipt of the 
application that authorizes the caregiver to continue operating under the caregiver's current 
card until the application is approved and a renewed card is issued by the department, the 
application is denied and the current card expires, 90 days elapse from the date of the 
written statement or the current card is suspended or revoked in accordance with this 
chapter, whichever occurs first. If the department fails to issue or deny a renewal of a 
registry identification card within 90 days of providing the written statement 
acknowledging receipt of the application, the renewal is deemed granted and a copy of the 
application for renewal of the registry identification card is deemed a valid registry 
identification card. 
If the department fails to issue or deny a valid registry identification card in response to a 
¥alia complete application for a card or for rellewal of a eard submitted pursuant to 
subsection 3 within 45 days of its submission, the registry identification card is deemed 
granted and a copy of the application for a registry identification card or for refle•Nal of the 
eard is deemed a valid registry identification card. 
COMMITTEE AMENDMENT 
~oCb 
\ 
COMMITTEE AMENDMENT "A" to H.P. 1435, L.D. 1928 
Sec. 23. 22 MRSA §2425-A, sub-§5, 1 C, as enacted by PL 2017, c. 452, § 12, is 
amended to read: 
C. Registry identification cards issued to an officer or director or assistant of a 
registered dispensary must also contain: 
(1) The legal name of the registered dispensary with which the officer or director 
or assistant is affiliated; 
(2) The address and date of birth of the officer or director or assistant; and 
(3) 
A photograph of the officer or director or assistant, if required by the 
department. 
Sec. 24. 22 MRSA §2425-A, sub-§5, 1C-1 is enacted to read: 
C-1. Registry identification cards issued to an assistant of a registered caregiver or 
registered dispensary must also contain: 
(1) The address and date of birth of the assistant: and 
(2) A photograph of the assistant if required by the department. 
Sec. 25. 22 MRSA §2425-A, sub-§5, ~, as enacted by PL 2017, c. 452, § 12, is 
amended to read: 
D. The registry identification card of an officer or director or assistant of a registered 
dispensary expires 10 days after notification is given to the department by the registered 
dispensary that the person has ceased to work at the dispensary. 
Sec. 26. 22 MRSA §2425-A, sub-§5-A is enacted to read: 
5-A. Issuance of single registry identification card to caregiver or dispensary 
assistant. The department shall issue a single registry identification card pursuant to this 
section authorizing a person to be an assistant of one or more registered caregivers or 
registered dispensaries and who satisfies all applicable requirements under this section for 
issuance of a registry identification card. A single registry identification card issued to a 
person in accordance with this subsection authorizes the person to assist one or more 
registered caregivers or registered dispensaries in accordance with this chapter and may not 
associate the person with or restrict the person to assisting a specific caregiver or 
dispensary. 
Sec. 27. 22 MRSA §2425-A, sub-§7, as enacted by PL 2017, c. 452, § 12, is 
amended to read: 
7. Issuance or denial of registration certificate. The department shall verify the 
information contained in an application for a registration certificate or for renewal of a 
certificate submitted pursuant to subsection 6 and shall approve or deny ,m a complete 
application for a eertificate or for rene•+1ral of a certificate in accordance with this subsection 
within 30 days of receiYmg it receipt. 
A. Within 10 days of approving a completed complete application, the department 
shall issue a registration certificate to the applicant. 
B. The department may deny an application for a certificate or for renewal of a 
certificate only if: 
COMMITTEE AMENDMENT 
"~ 
/oS 
~ 
COMMITTEE AMENDMENT "A" to H.P. 1435, L.D. 1928 
(1) The applicant did not provide the information required pursuant to subsection 
6; 
(2) The department determines that the applicant does not qualify; or 
(3) The department determines that the information provided by the applicant was 
falsified. 
C. The department shall notify the applicant in writing of the reason for denying the 
registration certificate. 
An applicant whose application is denied pursuant to this subsection may request an 
administrative hearing in accordance with Title 5, chapter 375, subchapter 4. 
In the case of a registered dispensary's application for renewal of a registration certificate. 
upon receipt of a timely filed, complete application submitted by the dispensary, the 
department shall provide the dispensary with a written statement acknowledging receipt of 
the application that authorizes the dispensary to continue operating under the dispensary's 
current certificate until the application is approved and a renewed certificate is issued by 
the department. the application is denied and the current certificate expires, 90 days elapse 
from the date of the written statement or the current certificate is suspended or revoked in 
accordance with this chapter, whichever occurs first. If the department fails to issue or 
deny a renewal of a registration certificate within 90 days of providing the written statement 
acknowledging receipt of the application, the renewal is deemed granted and a copy of the 
application for renewal of the registration certificate is deemed a valid registration 
certificate. 
If the department fails to issue or deny a registration certificate in response to a ¥alki 
complete application for a certificate or for roBo•Nal of a oortifieato submitted pursuant to 
subsection 6 within 45 days of its submission, the registration certificate is deemed granted 
and a copy of the application for a registration certificate or for roBO"Nal of tho eortifieato is 
deemed a valid registration certificate. 
Sec. 28. 22 MRSA §2425-A, sub-§10, ,r:B, as repealed and replaced by PL 2021, 
c. 251, §4, is amended by amending subparagraph (2) to read: 
(2) For a caregiver registering based upon plant canopy, the fee may not be less 
than $50 or more than $1,500 for a total mature plant canopy of 500 square feet or 
less. 
Sec. 29. 22 MRSA §2425-A, sub-§12, ~ 
is enacted to read: 
M. A caregiver, dispensary. manufacturing facility or marijuana testing facility or an 
officer, director or assistant of a caregiver. dispensary, manufacturing facility or 
marijuana testing facility may not be required to disclose to a law enforcement officer 
information that could reasonably identify an individual person's identity without a 
warrant requiring the disclosure. 
Sec. 30. 22 MRSA §2425-A, sub-§12, ~ 
is enacted to read: 
N. A person who accompanies a patient to obtain marijuana plants or harvested 
marijuana may not be required to disclose to a law enforcement officer information 
that could reasonably identify an individual patient's identity without a warrant 
requiring the disclosure. 
COMMITTEE AMENDMENT 
~o<i:J 
COMMITTEE AMENDMENT ")C to H.P. 1435, L.D. 1928 
Sec. 31. 22 MRSA §2428, sub-§6, ~' as amended by PL 2017, c. 452, §16, is 
further amended to read: 
I. All cultivation of marijuana plants must take place in a cultivation area unless the 
marijuana plants are being transported pursuant to subsection 1-A, paragraph L. 
,\ccess to tho eultivation wea is limited to a ewdholder 1Nho is an officer or director or 
assistant of tho dispoasary when a-etiflg in that eardftoldor's official eapaeity, ox-eoptthat 
aH: eleeted offieial invited by aH: offieor or director or assistant for tho purpose of 
providing odueation to tho oleetod official on cultivation b:Y the dispensary, omergeney 
services persoanol, an assistant ofa mwijuaH:a testiag facility or a person viho needs to 
gain access to tho cultivation wea m order to perfoffil repairs or maintenaH:ce or to do 
coastraetion ma;r aeeoss tho eultivation area to provide professional services while 
1:lB:der tho direet s1:1pervision of a eardholder v.rho is aB: offieer or direetor or assistant of 
tho dispensary. 
(1) The dispensary shall ensure that the mature marijuana plants and immature 
marijuana plants and seedlings cultivated by the dispensary are kept in separate 
spaces within the same cultivation area. The cultivation area must be located on a 
single parcel or tract of land, and the dispensary must disclose the location of the 
cultivation area to the department. The dispensary may not maintain more than 
one cultivation area. 
(2) Access to cultivation areas is limited to a cardholder who is an officer, director 
or assistant of the dispensary when acting in that cardholder's official capacity, 
except that an elected official invited by an officer, director or assistant for the 
purpose of providing education to the elected official on cultivation by the 
dispensary, emergency services personnel, an assistant of a marijuana testing 
facility or a person who needs to gain access to a cultivation area in order to 
perform repairs or maintenance or to do construction may access the cultivation 
area to provide professional services while under the direct supervision of a 
cardholder who is an officer, director or assistant of the dispensary. 
Sec. 32. 22 MRSA §2429-A, sub-§4, as amended by PL 2019, c. 331, §28, is 
further amended to read: 
4. Educational materials. A person that provides harvested marijuana to a qualifying 
patient HH:lst shall make educational materials about the use of harvested marijuana 
available in printed or electronic form to the qualifying patient at the time of the transaction. 
The department shall develop the minimum content of the educational materials provided 
under this subsection and make that content available publicly. 
Sec. 33. 22 MRSA §2430-C, sub-§6-A is enacted to read: 
6-A. Restrictions on law enforcement access. Notwithstanding any provision of law 
to the contrary, a law enforcement officer may not enter any location in which a qualifying 
patient, caregiver, registered dispensary, manufacturing facility or marijuana testing 
facility conducts activities authorized under this chapter or pursuant to a registry 
identification card or registration certificate issued under this chapter, except where: 
A. The patient, caregiver, dispensary, manufacturing facility or marijuana testing 
facility voluntarily allows the law enforcement officer to enter the location; 
COMMITTEE AMENDMENT 
~o(f, 
COIYIMITTEE AMENDMENT "A" to H.P. 1435, L.D. 1928 
B. The law enforcement officer's entry is authorized pursuant to a warrant issued by a 
duly authorized justice, judge or justice of the peace; or 
C. The law enforcement officer's entry is authorized in accordance with a recognized 
exception to the warrant requirement, including, but not limited to, exigent 
circumstances. 
Sec. 34. 22 MRSA §2430-C, sub-§7, ~A, as enacted by PL 2017, c. 452, §24, is 
amended to read: 
A. If the person is a qualifying patient or visiting qualifying patient, present upon 
request of a law enforcement officer the origi:Hal patient's written certification fer.the 
~ 
and the patient's government-issued identification that includes a photo and 
proof of address; or' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and makes the following changes to the Maine 
Medical Use of Marijuana Act. 
1. 
It provides definitions for 
11complete application," "immature plant canopy, 
"marijuana tincture," "telehealth services
and 
11timely filed" and amends definitions for 
"cultivation area," "plant canopy," and "written certification." 
2. It amends 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 medical use of 
marijuana. 
3. It authorizes the use of telehealth services for medical providers to meet with 
patients seeking a written certification for the medical use of marijuana. 
4. It limits the circumstances under which a law enforcement officer may enter a 
location in which a qualifying patient, caregiver, registered dispensary, manufacturing 
facility or marijuana testing facility conducts activities authorized under the Maine Medical 
Use of Marijuana Act or by a registry identification card or registration certificate issued 
under that law. 
5. It provides that a medical marijuana program registrant is not required to disclose to 
a law enforcement officer information that could reasonably identify an individual person's 
identity without a warrant requiring the disclosure and that a person who accompanies a 
patient to obtain marijuana plants or harvested marijuana may not be required to disclose 
to a law enforcement officer information that could reasonably identify a patient's identity 
without a warrant requiring disclosure. 
6. It authorizes a person providing a qualifying patient with harvested marijuana to 
provide the patient with required educational materials in printed or electronic form. 
7. It authorizes the Department of Administrative and Financial Services to issue to an 
assistant of one or more registered caregivers or registered dispensaries a single registry 
identification card that allows the assistant to assist one or more caregivers or dispensaries. 
COMMITTEE AMENDMENT 
s 
~o 
~ 
COMMITTEE AMENDMENT~" to H.P. 1435, L.D. 1928 
8. It provides that in the case of a caregiver' s application for renewal of a registry 
identification card or registered dispensary's application for renewal of a registration 
certificate, upon receipt of a timely filed, complete application submitted by the caregiver 
or dispensary, the department must provide the caregiver or dispensary with a written 
statement acknowledging receipt of the application that authorizes the caregiver or 
dispensary to continue operating under the caregiver's or dispensary's current card or 
certificate until the application is approved and a renewed card or certificate is issued by 
the department, the application is denied and the current card or certificate expires, 90 days 
elapse from the date of the written statement or the current card or certificate is suspended 
or revoked, whichever occurs first, and, if the department fails to issue or deny a renewal 
within 90 days, the renewal is deemed granted. 
9. It clarifies the defmition of "cultivation area" to provide that a cultivation area may 
include multiple indoor or outdoor areas, whether contiguous or noncontiguous, on the 
same parcel or tract of land. It provides that a cultivation area for a dispensary must be on 
a single parcel or tract of land, that a caregiver may maintain up to 2 cultivation areas that 
may be located on separate parcels or tracts of land, whether contiguous or noncontiguous, 
and that a caregiver must ensure that mature marijuana plants and immature marijuana 
plants and seedlings are cultivated in separate cultivation areas and a dispensary must 
ensure that mature marijuana plants and immature marijuana plants and seedlings are 
cultivated in separate spaces within the same cultivation area. Dispensaries and caregivers 
must disclose the locations of all cultivation areas to the department. 
10. It authorizes a caregiver to cultivate either up to 30 mature marijuana plants, up to 
immature marijuana plants and unlimited seedlings or up to 500 square feet of mature 
plant canopy, up to 1,000 square feet of immature plant canopy and unlimited seedlings but 
provides that a caregiver must cultivate mature marijuana plants and immature marijuana 
plants both by plant count or both by plant canopy. 
11. Subject to specified requirements, it authorizes medical providers to provide a 
qualifying patient with a digital image of the patient's written certification for the medical 
use of marijuana, which may be used in place of a written certification document. 
12. It clarifies that a caregiver may transfer immature marijuana plants, seedlings, seeds 
and harvested marijuana to a qualifying patient, another caregiver or a registered dispensary 
for reasonable compensation or for no remuneration. 
13. It makes other clarifying and technical changes to the Maine Medical Use of 
Martjuana Act necessitated by the changes in the amendment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/29/22 frae::. 
LD 1928 
LR2424(02) 
An Act To Update and Clarify the Maine Medical Use of Marijuana Act and Provide for Greater 
Transparency 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment J'.f' ( H--1 l.R 6) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Office of Marijuana Policy within the Department of Administrative and Financial 
Services as a result of the provisions of this bill are anticipated to be minor and can be absorbed within existing 
budgeted resources. 
LR2424(02) - Fiscal Note - Page 1 of 1