An Act Regarding Medical Marijuana
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, access to specialized marijuana strains and products is important to the well-being of qualifying patients; and
Whereas, it is difficult for qualifying patients to find specialized marijuana strains and products in rural areas of the State; and
Whereas, this legislation will enable caregivers and dispensaries to provide specialized marijuana strains and products to qualifying patients; and
Whereas, the growing season is already underway and is of short duration; 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,
Sec. 1. 22 MRSA §569 is enacted to read:
§ 569. Marijuana testing facility certification program and fund established
(1) All money received as a result of fees assessed by the Maine Center for Disease Control and Prevention under the certification program;
(2) All money from any other source, whether public or private, designated for deposit into or credited to the fund; and
(3) Interest earned or other investment income on balances in the fund.
Sec. 2. 22 MRSA §2423-A, sub-§2, ¶K-1, as enacted by PL 2017, c. 452, §4, is amended to read:
Sec. 3. 22 MRSA §2423-A, sub-§10, ¶D, as amended by PL 2017, c. 447, §10 and c. 452, §4, is repealed and the following enacted in its place:
(1) Marijuana testing facility officer or director qualification requirements;
(2) Required security for marijuana testing facilities; and
(3) Requirements for the registration, certification or other approval of marijuana testing facilities.
The failure of the department to adopt rules under this paragraph does not prevent a marijuana testing facility from engaging in activities in compliance with this chapter.
Sec. 4. 22 MRSA §2423-A, sub-§10, ¶D-1 is enacted to read:
Sec. 5. 22 MRSA §2423-A, sub-§10, ¶E, as enacted by PL 2017, c. 447, §10 and c. 452, §4, is repealed and the following enacted in its place:
Sec. 6. 22 MRSA §2423-A, sub-§10, ¶F is enacted to read:
Sec. 7. 22 MRSA §2428, sub-§1-A, ¶F, as enacted by PL 2017, c. 447, §21 and c. 452, §16, is repealed and the following enacted in its place:
(1) Transfer marijuana plants and harvested marijuana to a qualifying patient and to a caregiver on behalf of a qualifying patient in a retail sale for reasonable compensation;
(2) Transfer marijuana plants and harvested marijuana to a qualifying patient, caregiver or dispensary for no remuneration;
(3) Acquire marijuana plants and harvested marijuana from another dispensary for no remuneration;
(4) Transfer to and accept from a registered caregiver or another dispensary marijuana plants and harvested marijuana in a wholesale transaction in accordance with this paragraph. A dispensary may transfer in wholesale transactions for reasonable compensation or for no remuneration up to 75% of the mature marijuana plants grown by the dispensary over the course of a calendar year, including any marijuana products or marijuana concentrate manufactured from that 75% of the mature marijuana plants grown by the dispensary. A dispensary may transfer to or accept from registered caregivers and dispensaries in wholesale transactions an unlimited amount of immature marijuana plants and seedlings. A dispensary that acquires mature marijuana plants, marijuana products or marijuana concentrate in a wholesale transaction under this subparagraph may not resell the mature marijuana plants, marijuana products or marijuana concentrate except to a qualifying patient or to a caregiver or dispensary to assist a qualifying patient;
(5) Transfer harvested marijuana to a manufacturing facility and accept marijuana products and marijuana concentrate from the manufacturing facility that are produced from the harvested marijuana the dispensary provided to the manufacturing facility; and
(6) Provide samples to a marijuana testing facility for testing and research purposes;
Sec. 8. 28-B MRSA §503, sub-§2, ¶A, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:
Sec. 9. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Maine Center for Disease Control and Prevention 0143
Initiative: Provides allocations to allow expenditure of additional certification fees.
| OTHER SPECIAL REVENUE FUNDS | 2019-20 | 2020-21 |
|
All Other
|
$10,000 | $10,000 |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $10,000 | $10,000 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.