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An Act To Further Ensure the Provision of Safe Medical Marijuana to Maine Patients
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the people of Maine voted in support of access for patients to legal and safe medical marijuana in both 1999 and 2009; and
Whereas,  the First Regular Session of the 126th Legislature enacted a law to restrict the use of pesticides in the cultivation of marijuana to those exempt from federal registration requirements and registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control; and
Whereas,  the effect of this law has been to severely restrict the options available to persons cultivating marijuana for medical purposes; and
Whereas,  immediate enactment of this Act is necessary to ensure continued access to safe medical marijuana for the thousands of Maine patients currently recommended this medicine; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2423-A, sub-§2, ¶J, as reallocated by RR 2013, c. 1, §39, is repealed and the following enacted in its place:
 
J.  Use a pesticide in the cultivation of marijuana. The following pesticides are the only pesticides allowed for use in the cultivation of marijuana:
 
(1) A pesticide that is exempt from the federal registration requirements pursuant to 7 United States Code, Section 136w(b) and registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 607;
 
(2) Spinosad;
 
(3) Pyrethrins;
 
(4) Azadirachta indica;
 
(5) Potassium bicarbonate;
 
(6) Sodium bicarbonate;
 
(7) Diatomaceous earth;
 
(8) Soap;
 
(9) Dihydrogen dioxide;
 
(10) Sulfur;
 
(11) Bacillus thuringiensis;
 
(12) Bacillus subtilis;
 
(13) Streptomyces lydicus;
 
(14) Sesame oil; and
 
(15) Bacillus pumilus.
 
All pesticides must be used in a manner consistent with best management practices approved by the Commissioner of Agriculture, Conservation and Forestry. A registered primary caregiver may not in the cultivation of marijuana use a pesticide unless the registered primary caregiver or the registered primary caregiver's employee is certified in the application of the pesticide pursuant to section 1471-D and any employee who has direct contact with treated plants has completed safety training pursuant to 40 Code of Federal Regulations, Part 170.130. An employee of the registered primary caregiver who is not certified pursuant to section 1471-D and who is involved in the application of the pesticide or handling of the pesticide or equipment must first complete safety training pursuant to 40 Code of Federal Regulations, Part 170.230; and
Sec. 2. 22 MRSA §2428, sub-§9, ¶G, as enacted by PL 2013, c. 371, §4, is repealed and the following enacted in its place:
 
G.  The following pesticides are the only pesticides allowed for use in the cultivation of marijuana by a registered dispensary:
 
(1) A pesticide that is exempt from the federal registration requirements pursuant to 7 United States Code, Section 136w(b) and registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 607;
 
(2) Spinosad;
 
(3) Pyrethrins;
 
(4) Azadirachta indica;
 
(5) Potassium bicarbonate;
 
(6) Sodium bicarbonate;
 
(7) Diatomaceous earth;
 
(8) Soap;
 
(9) Dihydrogen dioxide;
 
(10) Sulfur;
 
(11) Bacillus thuringiensis;
 
(12) Bacillus subtilis;
 
(13) Streptomyces lydicus;
 
(14) Sesame oil; and
 
(15) Bacillus pumilus.
 
All pesticides must be used in a manner consistent with best management practices approved by the Commissioner of Agriculture, Conservation and Forestry. A registered dispensary may not in the cultivation of marijuana use a pesticide unless at least one registered dispensary employee involved in the application of the pesticide is certified pursuant to section 1471-D and all other registered dispensary employees who have direct contact with treated plants have completed safety training pursuant to 40 Code of Federal Regulations, Part 170.130. A registered dispensary employee who is not certified pursuant to section 1471-D and who is involved in the application of the pesticide or handling of the pesticide or equipment must first complete safety training pursuant to 40 Code of Federal Regulations, Part 170.230.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
Public Law 2013, chapter 371 prohibited the use of a pesticide in the cultivation of medical marijuana unless the pesticide is exempt from federal registration requirements and registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control. This bill expands the list of pesticides that may be used by a registered primary caregiver or registered dispensary to include other specified pesticides, even if those additional pesticides are not exempt from federal registration requirements or registered with the Board of Pesticides Control.