An Act to Supp01i Pub he Health by Protectmg Certam Activities Conducted Under Comprehensive Commumty Drug Checkmg Imt1atlves
Maine Legislature, Session 131, LD 1745
Committee Amendment CA_A_H578 (House)
Amends: 22 MRSA §2383-B

COMMITTEE AMENDMENT " A, to HP 1124, L D 1745, "An Act to Supp01i 
Pub he Health by Protectmg Certam Activities Conducted Under Comprehensive 
Commumty Drug Checkmg Imt1atlves" 
Amend the bill by stnkmg out the title and subst1tutmg the followmg 
'An Act to Support Public Health by Clarifying Authorized Activities Regardmg Drug 
Checking' 
Amend the bill by 111sertmg after the title and befo1 e the enacting clause the followmg 
'Emergency preamble. Whereas, acts and iesolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies, and 
Whereas, the D1stiibut1on of Harm Reduct10n Access 111 Rmal Mame A1eas p1ogiam, 
also known as ProJect DHARMA, 1s funded by fedeial giants and 1s 1eady for 
1mplementatton except there are barrters of hab1hty related to transportation and test111g of 
drug samples and paraphemaha, and 
Whereas, there 1s an urgent need fo1 test111g and drug checkmg due to 111c1 eas111gly 
dangerous substances 111 the drug supply, and 
Whereas, 111 the Judgment of the Legislature, these facts cieate an emergency w1th111 
the meanmg of the Const1tut10n of Mame and reqmre the followmg leg1slatton as 
1mmed1ately necessary for the preservation of the pubhc peace, health and safety, now, 
the1 efore,' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 22 MRSA §2383-B, sub-§2, 1E, as amended by PL 2021, c 434, § 10, 1s 
further amended to read. 
E Physicians, dentists, podiatnsts, pharmacists or other persons authonzed by law 01 
rule to admm1ster, dispense, presc11be or sell scheduled 01 p1escnpt1on dmgs 01 
cont1olled substances while actmg w1thm the course of their professional practice, ane 
COMMITTEE AMENDMENT 
ROS 
COMMITTIIB AMENDMENT "A" to H P 1124, L D 1745 
Sec. 2. 22 MRSA §2383-B, sub-§2, 1 G, as enacted by PL 2013, c 266, § 10, 1s 
amended to 1ead 
G Persons conductmg research at a school of phannacology that ts accredited or ts a 
candidate for accred1tat1on m good standmg-, and 
Sec. 3. 22 MRSA §2383-B, sub-§2, ,rH 1s enacted to read 
H Pei sons possessmg, rece1vmg, transpmimg or st01 mg one 01 11101 e di ug samples 
contamed m one or more sample collection mst1 uments or drug paiaphernaha for the 
purpose of drug checkmg Possessmg, receivmg, tiansportmg or stormg one or more 
drug samples m accordance with this paiagraph does not constitute a ct une unde1 Title 
17-A, sections 1103, 1104 and 1106 
Sec. 4. 22 MRSA §2383-B, sub-§3, 1A-3 1s enacted to read 
A-3 "Contiolled substance analog" means a substance that has a substantially sm11la1 
chemical st1 uctm e to that of a controlled substance 
Sec. 5. 22 MRSA §2383-B, sub-§3, 1A-4 1s enacted to read 
A-4 "Drug checkmg" means the testmg of a controlled substance, p1esc11pt10n drug 
or scheduled drug to detenn111e its chemical composition or to assist 111 determm111g 
whether 1t conta111s contam111ants, toxic substances or hazai dous compounds 
Sec. 6. 22 MRSA §2383-B, sub-§3, 1A-5 1s enacted to read 
A-5 
"Drug paraphernaha" has the same meaning as m Title 17-A, section 1111-A, 
subsection 1 
Sec. 7. 22 MRSA §2383-B, sub-§3, 1A-6 1s enacted to read 
A-6 
"Drug sample" means a substance conta111mg one or mme scheduled or 
prescnpt1on drugs or controlled substances 01 controlled substance analogs m an 
amount msuffic1ent to 1esult ma petson possessmg the substance to be m v10lat1011 of 
Title 17-A, sect10n 1107-A 
Sec. 8. 22 MRSA §2383-B, sub-§3, ,rB-2 ts enacted to 1 ead 
B-2 
"Person" means any md1v1dual. paiineish1p, association, cooperative, hm1ted 
hab1hty company, trust, 10mt venture, government, pohtical subd1v1s1on 01 any othe1 
legal, comme1cial or mfonnal entity 01 g10up. 
Sec. 9. 22 MRSA §2383-B, sub-§3, 1C-11s enacted to read 
C-1 "Sample collection mstrument" means an mstrument used to collect a drng sample 
for purposes of drug checking ' 
Amend the bill by add111g before the summary the followmg 
'Emergency clause. In view of the emergency cited 111 the preamble, this leg1slation 
takes effect when appt oved ' 
Amend the bill by relettermg or 1 enumbermg any nonconsecutive Part lette1 or section 
number to read consecutively 
COMMITTEE AMENDMENT 
ROS 
\'......... 
) 
COMMITTEE AMENDMENT •Ir" to HP 1124, L D 1745 
SUMMARY 
This amendment replaces the bill and adds an eme1 gency preamble and clause 
It 
clarifies that persons possessing, receivmg, transportmg or stormg drug samples f01 the 
purpose of testmg or drug checkmg ate authorized to do so 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/11/23 ~ae 
LD 1745 
LR 941(02) 
An Act to Support Public Health by Protecting Certain Activities Conducted Under Comprehensive 
Community Drug Checking Initiatives 
Fiscal Note for Bill as Amended by Committee Amendment A· (J.r~·j 7 g) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium savmgs - Geneial Fund 
Mmor savmgs - General Fund 
Mmor revenue decrease - Genei al Fund 
Mmor revenue decrease - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes exceptions to Class B, C and D c11mes The current average cost of mca1ceiatmg one individual for a 
smgle year 1s $55,203 
There may be some mmor reduct10n ofw01kload associated with the mimmal number of felony cases that will no 
longer be filed m the com t system 
Reduct10ns m the collect10n of fines will decrease General Fund 01 other dedicated revenue by mmor amounts 
LR0941 (02) - Fiscal Note - Page 1 of 1