CHAPTER 580
S.P. 183 - L.D. 611
An Act to Aid Implementation of the Maine Medical Marijuana Act of 1998
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2383-B, sub-§3, ¶A-1, as enacted by IB 1999, c. 1, §7, is amended to read:
A-1. "Designated care giver" means a person over 18 years of age who:
(1) Is a family member or other person who has consistently assumed responsibility for a person's the housing, health or safety of a person authorized to possess marijuana for medical use pursuant to subsection 5, paragraph A or B or who is a member of the same household as a person authorized to possess marijuana for medical use pursuant to subsection 5, paragraph A or B; and
(2) Is named in a written individual instruction or power of attorney for health care as defined in Title 18-A, section 5-801 by, or is the parent or legal guardian of, a person authorized to possess marijuana for medical use pursuant to subsection 5.
Sec. 2. 22 MRSA §2383-B, sub-§3, ¶E, as enacted by IB 1999, c. 1, §9, is amended to read:
E. "Usable amount of marijuana for medical use" means 1 1/4 2 1/2 ounces or less of harvested marijuana and a total of 6 plants, of which no more than 3 may be mature, flowering plants.
Sec. 3. 22 MRSA §2383-B, sub-§5, ¶¶G and H are enacted to read:
G. It is an affirmative defense to prosecution for possession, use or cultivation of a usable amount of marijuana under section 2383, Title 15, section 3103 or Title 17-A, chapter 45 that the defendant was an eligible patient under this subsection.
H. It is an affirmative defense to prosecution for possession, possession with the intent to furnish, furnishing or cultivation of a usable amount of marijuana under section 2383, Title 15, section 3103 or Title 17-A, chapter 45 that the defendant was a designated care giver under this subsection if the person to whom the marijuana was to be furnished or for whom it was cultivated was an eligible patient.
Effective July 25, 2002, unless otherwise indicated.
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