An Act To Establish the Maine Medical Marijuana Act
Sec. 1. 15 MRSA §5821-A, as enacted by IB 1999, c. 1, §3, is amended to read:
§ 5821-A. Property not subject to forfeiture based on medical use of marijuana
Beginning January 1, 1999, property Property is not subject to forfeiture under this chapter if the activity that subjects the person’s property to forfeiture is possession medical use of marijuana and the person meets the requirements for medical use of marijuana under Title 22, section 2383-B, subsection 5 chapter 558-C.
Sec. 2. 17-A MRSA §1111-A, sub-§1, as amended by PL 2001, c. 383, §135 and affected by §156, is further amended to read:
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(12) Bongs; or
(13) Ice pipes or chillers.
Sec. 3. 22 MRSA §2383, sub-§1, as amended by PL 2005, c. 386, Pt. DD, §3, is further amended to read:
Sec. 4. 22 MRSA §2383-B, sub-§5, as amended by PL 2001, c. 580, §3, is repealed.
Sec. 5. 22 MRSA c. 558-C is enacted to read:
MAINE MEDICAL MARIJUANA ACT
§ 2421. Short title
This chapter may be known and cited as “the Maine Medical Marijuana Act.”
§ 2422. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 2423. Protections for the medical use of marijuana
The presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of treating or alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition in accordance with this chapter.
§ 2424. Rules
§ 2425. Registry identification cards
(1) Allow the qualifying patient’s medical use of marijuana;
(2) Serve as one of the qualifying patient’s primary caregivers; and
(3) Control the acquisition of the marijuana, the dosage and the frequency of the medical use of marijuana by the qualifying patient.
§ 2426. Scope
(1) In a school bus;
(2) On the grounds of any preschool or primary or secondary school; or
(3) In any correctional facility;
(1) On any form of public transportation; or
(2) In any public place;
§ 2427. Affirmative defense and dismissal for medical marijuana
§ 2428. Nonprofit dispensaries
(1) A fee paid to the department in the amount of $5,000;
(2) The legal name of the nonprofit dispensary;
(3) The physical address of the nonprofit dispensary and the physical address of one additional location, if any, where marijuana will be cultivated;
(4) The name, address and date of birth of each principal officer and board member of the nonprofit dispensary; and
(5) The name, address and date of birth of any person who is an agent of or employed by the nonprofit dispensary.
(1) The name, address and date of birth of the principal officer, board member, agent or employee;
(2) The legal name of the nonprofit dispensary with which the principal officer, board member, agent or employee is affiliated;
(3) A random identification number that is unique to the cardholder;
(4) The date of issuance and expiration date of the registry identification card; and
(5) A photograph, if the department decides to require one.
(1) A person who is employed by or is an agent, principal officer or board member of a nonprofit dispensary in violation of this paragraph commits a civil violation for which a fine of not more than $1,000 may be adjudged.
(2) A person who is employed by or is an agent, principal officer or board member of a nonprofit dispensary in violation of this paragraph and who at the time of the violation has been previously found to have violated this paragraph commits a Class D crime.
§ 2429. Enforcement
Current law allows a person who has been diagnosed by a physician as suffering from certain medical conditions to possess marijuana for medical use. This initiated bill changes the description of the medical conditions for which the medical use of marijuana is permitted. It directs the Department of Health and Human Services to issue registry identification cards to patients who qualify to possess marijuana for medical use and to their designated primary caregivers. It sets limits on the amount of marijuana that may be possessed by qualifying patients and their designated primary caregivers. It allows the establishment of nonprofit dispensaries to provide marijuana to qualifying patients and directs the Department of Health and Human Services to issue a registration certificate to a nonprofit dispensary that meets certain criteria. It directs the Department of Health and Human Services to establish application and renewal fees sufficient to pay the expenses of implementing and administering the provisions of the initiated bill.