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Amend the bill by inserting after the enacting clause the following:
‘Sec. 1.  22 MRSA §2423-A, sub-§§7 and 8  are enacted to read:
 
7.  Excess marijuana; forfeiture.     A person who possesses marijuana seedlings, marijuana plants or prepared marijuana in excess of the limits provided in this section and rules adopted under this section must forfeit the excess amounts to a law enforcement officer. The law enforcement officer is authorized to remove all excess marijuana seedlings, marijuana plants and prepared marijuana in order to catalog the amount of excess marijuana. Possession of marijuana in excess of the limits provided in this section and rules adopted under this section is a violation as follows:
 
A.  Possession of marijuana in an excess amount up to 2 1/2 ounces is a violation of section 2383; and
 
B.  Possession of marijuana in an excess amount over 2 1/2 ounces is a violation of Title 17-A, chapter 45.
 
8.  Repeat forfeiture.    If a cardholder has previously forfeited excess marijuana pursuant to subsection 7 and a subsequent forfeiture occurs, the department shall revoke the registry identification card of the cardholder and the entire amount of marijuana seedlings, marijuana plants and prepared marijuana must be forfeited to a law enforcement officer. The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.’
Amend the bill by inserting after section 1 the following:
‘Sec. 2. 22 MRSA §2425, sub-§8, ¶G, as enacted by PL 2009, c. 631, §34 and affected by §51, is amended to read:
 
G. Records maintained by the department pursuant to this chapter that identify applicants for a registry identification card, registered patients, registered primary caregivers and registered patients' physicians are confidential and may not be disclosed except as provided in this subsection and as follows:
 
(1) To department employees who are responsible for carrying out this chapter;
 
(2) Pursuant to court order or subpoena issued by a court;
 
(3) With written permission of the patient or the patient's guardian, if the patient is under guardianship, or a parent, if the patient has not attained 18 years of age;
 
(4) As permitted or required for the disclosure of health care information pursuant to section 1711-C;
 
(5) To a law enforcement official for law enforcement purposes. The records may not be disclosed further than necessary to achieve the limited goals of a specific investigation; and
’
 
(6) To a patient's treating physician and to a patient's primary caregiver for the purpose of carrying out this chapter.
Amend the bill by adding after section 2 the following:
‘Sec. 3.  22 MRSA §2430-B  is enacted to read:
§ 2430-B. Admissibility of records
A certificate, signed by the commissioner or the commissioner's designee, stating what the records of the department show on any given matter related to this chapter is admissible in evidence in all courts of this State to prove what the records of the department are on that matter. Upon testimony of a law enforcement officer that the certificate and records were obtained by that law enforcement officer from the department, the court shall admit that certificate and those records as evidence without any further foundation or testimony. If the department stores records in a computer or similar device, a printout or other output readable by sight of information stored in the department's computer or similar device, certified by the commissioner or the commissioner's designee as an accurate reflection of the stored information, is admissible in evidence to prove the content of the records.
Sec. 4. Rules. The Department of Health and Human Services shall adopt rules allowing primary caregivers who register under the Maine Revised Statutes, Title 22, section 2425, subsection 5 to substitute a new qualifying patient who designates the primary caregiver for a former qualifying patient who has rescinded designation of the same primary caregiver. The rules must require that application for the new patient be filed within 10 days of rescission by the former patient and must:
A. Allow the substitution of a new patient in place of a former patient;
B. Specify that registration of the primary caregiver continues in full effect without interruption;
C. Prorate the fees paid by the primary caregiver; and
D. Authorize a reasonable fee for issuance of a new registry identification card to the primary caregiver.
’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment adds to the bill provisions on forfeiture for excess marijuana, allowing the use in court of certified copies of marijuana registry records and rulemaking on fees paid by primary caregivers.
 
FISCAL NOTE REQUIRED
(See attached)